MEMBERSHIP TERMS AND CONDITIONS

1.Waiver of liability

RELEASE AND INDEMNIFY

I understand that the risk from injury from activities carried out at True Woman’s Fitness or any True woman’s fitness club is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that all risks associated with using exercise equipment in True Woman’s Fitness with or without the aid and supervision of staff members on the premises.

I understand that True Woman’s Fitness is a privately owned fitness club and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers and affiliates, agents, contractors and employees (”releases”) WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES or otherwise, that may arise out of or in connection with my use of the equipment or the facilities at the club premises or any incident that occurs while using the club’s facilities or engaging in club activities, or off the club premises or, otherwise related to my club membership.

I will keep the Releasees indemnified against all claims, actions, losses and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:

a) The neglect or careless use or misuse by myself or any guest under my control of the club facilities or equipment.

b) Any accident or damage to property or persons arising from any occurrence in or near the Club’s facilities, solely or in part by reason of any act of omission by myself or any guest under my control.

I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into this Agreement.

2.Health and Safety

We do reserve the right to refuse entry if we feel that your health and safety is at risk. We ask you to comply with all reasonable requests from staff that relate to either your own or another member’s health and safety. Failure to do so may result in termination of your membership. Should this be the case no refunds of any fees paid will be applicable.

3.Health and Safety Induction

All members must attend a health and safety gym induction.

During this induction we will:

Conduct a base-line health check.
Demonstrate the basic health and safety features of the facility.
Demonstrate basic use of the cardio equipment.
Please note that to gain maximum results from your membership you should book in for extra sessions with a trainer or enroll in one of our group training or nutrition courses.

During your base-line health check we may find pre-existing conditions detrimental to your ability to use the facility safely (e.g. unusually or dangerously high blood pressure). In this case we will notify you and request a clearance from your medical professional.

4.Acceptance of my place in the gym health and safety induction

You will need to make a booking at reception for this appointment within the first week of signing up online. If you fail to do so you will automatically waiver out of this by agreeing to the waiver, membership and all its terms and conditions.

5.Waiver of my place in the gym health and safety induction

I do not wish to attend my free health and safety induction. I understand that by not attending I may be putting myself at risk of injury through incorrect use of equipment.

6.Vaccinations at True Gym

Please be aware vaccinations are not currently mandatory. If vaccinations are to become mandatory at True Woman’s Fitness and you choose not to provide proof of vaccination your contract will not be void.

 

 

7.Freezing of Membership

7.1 We offer a freezing facility on memberships, but conditions do apply. You may freeze your membership in the event of illness, injury, pregnancy or overseas travel (but we must sight your doctor’s certificate or overseas travel documents in order to freeze your membership or any relevant document, dates must be on the document).

7.2 The minimum term for freezing is one month and the maximum term is six months total within the minimum term of your membership. However, you may freeze your membership for up to 12 months in the case of your pregnancy. Hold requests longer than the 6 months outside your minimum term is at the discretion of True Woman’s Fitness.

7.3 We are not able to backdate on-hold requests.

7.4 You must clear all overdue fees before a hold.

7.5 Suspensions do not reduce your minimum contract period, which is extended by the suspension period.

7.6 Your membership will automatically reactivate at the end of an on-hold period and you must make sure you have sufficient funds in your account to meet the next direct debit payment, it is your responsibility to remember when your account will be reactivated. No reminders will be sent to you.

7.7 Coming off a hold may result on a pro-rata basis.

7.8 Please apply for any membership freezes with the club account manager. We require 7 days notice. All requests must be emailed in writing to getfit@truewoman.co.nz (Auckland) or hamilton@truewoman.co.nz (Hamilton)

8.Membership fee increase

True Woman’s Fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. True Woman’s Fitness agrees to use reasonable endeavors to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect no less than 30 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. At the end of the 30-day period, you authorize True Woman’s Fitness and/or Debit success to debit the new amount to your nominated bank account.

9.Termination of Membership

9.1 During the term of your membership you may wish to terminate your membership. A termination fee will apply and that is either $200 or 25% of the remaining balance whatever is lesser at the time of proceeding to cancel.

9.2 You must clear any overdue balance before proceeding with the cancellation process.

If you are outside of your term

9.3 Please contact the club account manager should you wish to terminate within the minimum term. We require 7 days notice. All cancellation requests, please send your request in writing to getfit@truewoman.co.nz (Auckland) or hamilton@truewoman.co.nz (Hamilton)

9.4 The notice period for cancellations is 10 working days. All debits that are due during that 10 day notice period will still be debited in full. Notice period will commence from the date you send through proof of your cancellation fee , or if you are outside your minimum term the date you email your cancellation request to the email address stated in 9.3 above.

10.Payments by direct debit using Debit Success

Should you wish to pay for your membership by direct debit, Debit Success will charge an admin fee of $39. This one-off payment will be taken with your first weekly payment. Should you cancel your membership within the stand-down period of 5 days (not working days)this $39 fee will still apply and shall be paid to Debit Success.

If your payment reverses with Debit success, a $19.95 reversal fee will be charged to your account.

You agree to pay the fees as set out in the Membership Agreement and agree to be bound by the direct debit terms and conditions as defined by Debit success. If your account becomes overdue and exceeds $80 or more this will limit your access to the facility.

You authorize Debit success to take any fees owing under this clause by direct debit and to add any fees owing under this Contract to any installments paid by you (as a separate payment or otherwise).

Debit success payment re-attempts may not fall on your normal debit day.

 

11.Debt Collection Action

Where you default in making any payment when it is due under this Contract you:

1. authorize Debit success to notify any debt collection or credit reporting agency of the default;

2. where Debit success refers the debt to a debt collection agency, you authorize Debit success to add $25 to the outstanding debt being its fee for dealing with the default; and

3. agree to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).

 

12.Transferring your membership to another person

You may transfer the unexpired portion of your membership to another person, at the discretion of True Woman’s Fitness. To transfer your membership to another person, please apply to the club accounts manager. All of the normal terms and conditions of membership and club entry will apply to the transferee. A transfer fee of $50 will apply.

13.Electronic Correspondence

During the course of your membership we will aim to send you relevant emails and text messages about your account, offers, promotions or messages to help you achieve your goals. You agree to accept these electronic messages however, you may opt out of these at any time.

It is not mandatory for our staff to check in with you via email/call/or text.

14.Filming and Photos in the Gym

True Gym allows photos and filming for social media and promoting. This is a great way to share to the world our amazing gym. If you are uncomfortable please let the person know you do not wish to be filmed/in shot. We are unable to monitor this on your behalf.

15.Security cameras

The gym is monitored at all times with security cameras. By agreeing to these terms you consent to being under surveillance.

16.Children

Children are not permitted in the gym. Children are allowed in the gym with their guardian only if both are attending a relevant group fitness class. (in staffed hours), the guardian must fill out a child guest form.

 

17.Inappropriate Behavior

It is forbidden to use inappropriate behavior such as using loud, insulting, abusive, demeaning, insulting language, or harassing or bothering other members or staff. This is not an exclusive list and if you are found to be behaving inappropriately in any way at any time will result in a $200 fine. In addition your gym access will be suspended until the fine has been paid. You will be notified and failure to pay your fine within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense.

 

18.Equipment

It is forbidden to unplug, remove, replace or otherwise tamper with any equipment in the club. This includes sound equipment, switches, electronic devices or any other club or building service.

Doing so will result in a $200 fine, plus the cost of replacing the button if you “lose” the device by accident. In addition your gym access will be suspended until the fine has been paid.

You will be notified and failure to pay your fine within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense.

19.Etiquette & Attire

Please replace weights and return any equipment to its rightful place when you have finished using them. In addition please wipe down any machines or benches.  There is no smoking, alcohol or drug abuse allowed in the club.  Appropriate clothing and gym footwear must be worn – closed toe shoes, no heels.

 

20.Refunds

If you fail to use your membership you will not be permitted a refund of your fees. If you pay in full and then request to terminate your membership we do not provide refunds, however you can transfer the remainder of that membership to a non member, provided they sign True Woman’s Fitness terms and conditions. We may provide other alternatives on a case by case basis. If at any time you feel that you have lost motivation please talk to any staff member. We are here to provide solutions for you.

21.Membership Barcode Cards – Standard access

You must swipe your membership barcode card at reception for every visit. Your membership card is personal to you and must not in any circumstances be given to another person. There is a nominal charge of $4 for replacing lost or broken barcode cards.

22. 24Hr Access

24hr access to the gym is not included in your membership. You may upgrade to 24hr access at any time. Extra charges and terms and conditions apply. $2 extra per week and a tag fee of $40 upfront. Only available for 18yrs plus only.

I wish to / do not wish (please delete as necessary) to upgrade to 24hr access at this time.

A separate 24hr contract must be signed and agreed to before access the gym out of staffed hours.

If you do not have 24 hour access to True Woman’s fitness and you enter gym during that time , you will be charged a $200 fine. This is in breach of True Woman’s Fitness contract. Your access will be stopped until the fine is paid. During that time your membership will continue to be debited. Please email getfit@truewoman.co.nz for the $200 fine payment details.

 

23.Tailgating Access to Non-members

When you use your access control card (door card) only one person (you) may enter at a time. Allowing another person, whether they are a member or not, to enter with you is strictly forbidden. Allowing another person to enter on your “card swipe” will result in a $200 fine. In addition your gym access will be suspended (your debits will continue) until the fine has been paid.

You will be notified and failure to pay your fine within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense.

Allowing another person, especially non-members into the gym poses a safety risk to you, other members, the person themselves and the club, and as such we will take all measures to enforce this rule.

24. Change of business name or location

Change in Facility details – Neither a reasonable relocation of the premises where the Services are ordinarily provided (to the extent that such relocation is within a 4km radius), nor changes in the ownership of the Facility, or the name of the Facility, affects your obligations under this contract.

25.Terms and Conditions Amendments

True Woman’s Fitness and Well-Being reserves the right to vary these conditions at its discretion.

*By continuing you are agreeing to all of the terms and conditions*