Terms and Conditions

1. Agreement

By joining HealthFit Collective Ltd and/or HealthFit Collective Greytown Ltd (“HealthFit”), you confirm that:

• You have read, understood, and agree to be bound by these Terms & Conditions
• All information you provide is true and correct
• HealthFit may terminate this agreement if false or misleading information is provided

This agreement is legally binding.

2. Health & Safety

You acknowledge and agree that:

• You participate in all activities at your own risk
• You are responsible for your own health and wellbeing while using HealthFit facilities or attending sessions (on or off-site)
• You confirm that, to the best of your knowledge, you have no condition that makes exercise unsafe

HealthFit complies with obligations under the Health and Safety at Work Act 2015, but you must also take reasonable care for your own safety.

3. Membership Terms

3.1 Minimum Term

• Memberships over 3 months require a minimum 6-month commitment
• All fees must be paid during this period regardless of attendance

3.2 Cooling-Off Period

• You may cancel within 5 working days of joining
• You must pay for any services already used
• Any remaining balance will be refunded

3.3 Auto-Renewal

• Memberships automatically renew unless cancelled prior to the renewal date

4. Fees & Payments

You agree to:

• Pay all membership fees on time via approved payment methods
• Pay all membership fees if you book any HealthFit professional once per week or more. 
• Maintain valid payment details at all times
• Accept annual fee adjustments aligned with CPI (with 1 month’s notice)

Additional charges may include:

• Assessments (optional)
• Personal training or specialist services
• Administration fees

5. Use of Facilities

Your membership includes access to HealthFit facilities but excludes:

• Personal training and specialist services
• Online/on-demand services

HealthFit does not guarantee equipment availability at all times.

6. Contractors

Some services are delivered by independent contractors.

• Any services booked with them are separate agreements
• HealthFit is not liable for contractor refunds or service delivery
• All clients who book contractors once per week or more will need to be a member of HealthFit. 

7. Suspension Policy

• Available only on 12-month memberships
• 1 suspension per year (1–2 months duration)
• Requires 2 weeks’ written notice
• $40 administration fee applies

8. Termination

8.1 By You

• Early termination requires payment of 50% of remaining membership fees
• $40 cancellation fee applies
• 1 month’s written notice required (for memberships over 6 months)

8.2 After Minimum Term

• No termination fee applies (subject to notice period)

8.3 By HealthFit

HealthFit may terminate your membership immediately if you:

• Fail to make payments
• Breach rules or act unlawfully
• Endanger others or disrupt operations

9. Access & Security

• Scan cards remain HealthFit property
• $25 replacement fee applies if lost or not returned
• You must not share access with non-members

10. Children & Supervision

• No persons under 16 permitted unless:
  • Supervised by a qualified HealthFit professional, or
  • Written permission is provided

You accept full responsibility for any breach of this condition.

11. Bookings & Cancellations

• 24-hour cancellation policy applies
• Late cancellations: 50% fee
• No-shows: 100% fee

12. Overdue Payments

• Outstanding fees may incur administration charges
• Accounts over 4 weeks overdue may be referred to collections
• You are responsible for any associated recovery costs

13. Privacy & Data Use

HealthFit collects and uses your information in accordance with the Privacy Act 2020.

This includes:

• Membership administration
• Health assessments (if applicable)
• Communication and marketing

You have the right to:

• Access your personal information
• Request corrections

All data is stored securely and treated as confidential.

14. Code of Conduct

You agree to:

• Respect staff, members, and equipment
• Follow all HealthFit rules and safety guidelines
• Maintain cleanliness (wipe equipment, return items)
• Not engage in illegal, offensive, or unsafe behaviour

You must not:

• Share access cards
• Bring non-members without permission
• Film or photograph others without consent
• Damage or remove equipment

HealthFit may terminate your membership for breaches.

15. Group Training by Members

If organising group sessions:

• Must occur outside peak hours
• Must not disrupt other members
• May be restricted after repeated complaints

16. Facility Rules

You agree to:

• Leave the facility secure when exiting
• Follow all operational procedures (lighting, doors, etc.)
• Vacate before closing times to avoid call-out fees

17. Liability

To the extent permitted by New Zealand law:

• HealthFit is not liable for injury, loss, or damage arising from use of facilities
• This does not limit rights under the Consumer Guarantees Act 1993

18. Changes to Terms

HealthFit may update these Terms & Conditions at any time. Members will be notified of any significant changes.

19. Acceptance

By joining HealthFit, you confirm that:

• You have read and understood these Terms
• You agree to comply with all conditions
• You accept that breaches may result in termination

Waiver & Consent

IMPORTANT – PLEASE READ

This waiver affects your legal rights. By agreeing, you acknowledge and accept the risks of participating in exercise and related services.

1. Voluntary Participation & Assumption of Risk

I acknowledge that participation in exercise, gym use, classes, rehabilitation, and wellness services involves inherent and foreseeable risks, including but not limited to:

• Physical injury (e.g., strains, sprains, fractures)
• Medical events (e.g., cardiac stress)
• Equipment misuse or failure
• Aggravation of existing conditions

I voluntarily accept all such risks, whether known or unknown, and take full responsibility for my participation.

2. Health Declaration & Duty of Care

I confirm that:

• I am physically and medically able to participate in exercise;
• I have disclosed all relevant health conditions, injuries, or risks;
• I will immediately inform staff of any change in my condition.

I understand that:

• HealthFit does not provide medical advice;
• I should seek medical clearance where appropriate;
• I exercise at my own discretion and risk.

3. Member Responsibility 

I agree that I will:

• Use all equipment correctly and as intended
• Follow all staff instructions and safety signage
• Not undertake activities beyond my capability
• Stop immediately if experiencing pain, dizziness, or distress
• Maintain awareness of others in the gym environment

I acknowledge that failure to follow these obligations may increase risk of injury, and I accept full responsibility for any resulting harm.

4. Limitation of Liability 

To the maximum extent permitted by New Zealand law:

• HealthFit Collective Ltd and HealthFit Collective Greytown Ltd are not liable for injury, loss, or damage arising from:
  • Inherent risks of exercise
  • My failure to follow instructions or safety guidance
  • Misuse of equipment or facilities
  • Actions of other members
• Nothing in this agreement excludes or limits rights under the Consumer Guarantees Act 1993 or any other law where such exclusion is not permitted.

5. Indemnity 

I agree to indemnify and hold harmless HealthFit Collective, its directors, employees, and contractors from any claims, costs, damages, or liabilities arising from:

• My breach of this agreement
• My negligent, reckless, or unlawful behaviour
• Any injury or damage I cause to others or property

6. Health & Safety Compliance

I agree to comply with all policies under the Health and Safety at Work Act 2015, including:

• Taking reasonable care for my own safety and others
• Following hazard controls and reporting risks
• Not entering restricted or unsafe areas

HealthFit reserves the right to deny access or terminate membership immediately if safety rules are breached.

7. Independent Contractors

I understand that:

• Some trainers, therapists, and practitioners operate as independent contractors
• Services provided by them are separate agreements

HealthFit is not liable for contractor services, except where required by law.

8. Unsupervised Access

Where I access the facility outside staffed hours:

• I accept full responsibility for my safety
• I understand that no staff supervision is present
• I will only perform exercises I can safely execute alone

I acknowledge that unsupervised training carries increased risk, which I accept.

9. Security & Access Control

I agree that:

• My access card/app is personal and non-transferable
• I will not allow non-members entry (“tailgating”)
• I am responsible for securing the premises when entering/exiting

I accept liability for any loss, damage, or breach caused by misuse of access privileges.

10. Personal Property

I acknowledge that:

• I am responsible for my belongings
• HealthFit is not liable for loss, theft, or damage (except where required by law)

11. Privacy & Data Use

I consent to HealthFit collecting and using my personal and health information in accordance with the Privacy Act 2020for:

• Membership management
• Programme design and service delivery
• Communication and administration

I understand I can access and correct my information at any time.

12. Emergency Response

I authorise HealthFit to:

• Provide first aid
• Contact emergency services if required

I accept responsibility for any associated costs.

13. Photography & Surveillance

I understand that:

• CCTV may be in operation for safety and security
• I must not photograph or record others without consent

14. Code of Conduct 

I agree not to:

• Act in a way that is unsafe, abusive, or disruptive
• Damage equipment or facilities
• Bring unauthorised persons into the facility
• Engage in illegal or inappropriate behaviour

HealthFit may suspend or terminate membership immediately for breaches.

15. Minors

If signing on behalf of a minor:

• I am the parent/legal guardian
• I accept all risks and responsibilities on their behalf

16. Agreement & Consent 

By selecting “I Agree” or signing electronically, I confirm:

• I have read and understood this waiver
• I accept the risks of participation
• I agree to be legally bound by these terms