TERMS & CONDITIONS
Please read our Terms & Conditions of joining Simply Fit Limited. We know reading these can be arduous, but they are for your safety.
Membership application terms and conditions
1. You must be a minimum age of 18 years to access our Premises as a 24 Hour Access Member. If you are under 18 years of age, written permission from your legal guardian is required to obtain a Standard Membership. Members under 16 years of age must be accompanied on the Premises at all times by a legal guardian who holds a Membership.
2. You must complete our personal profile questionnaire (PPQ) and the attached Consent, Waiver of Liability and Indemnity (Consent) as a condition of your Membership application. You will not be permitted access to our premises unless you have completed the PPQ and consent.
3. Your Membership allows you access to our Premises subject to the terms of this Agreement, our Rules or any other rules or policies pertaining to your Membership that we may introduce from time to time. We reserve the right to change, alter, withdraw or adapt any facilities, equipment, timetables, services, Rules and policies within our gym at any time. Membership Fees do not include personal trainer costs, classes or other services.
4. Your Membership applies to you personally. You cannot allow any other person to use your Membership. You must not bring, invite or aid a non-paying person to access our Premises using your access card or otherwise. Your Membership is not transferable unless you obtain written consent from us. We are entitled to charge you a transfer fee to complete any transfer of your Membership to another person.
5. During the duration or term of your Membership, you must notify us of any changes to your personal details in writing, including any change to your account details, addresses, telephone numbers and email address.
6. We reserve the right to review your Membership application, including the PPQ, to ensure compliance with our policies prior to acceptance of your Membership.
You agree to pay all Fees on time and without deduction as they are due under this Agreement. You are responsible for all arrangements to ensure payment of the Fees, including your own bank fees or charges. If any of your payments of Fees fail, we may either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We are entitled to charge you reasonable administration costs relating to any failure to make payment of Fees when due. If your account with us is more than 4 weeks in arrears, we may send it to a collection agency. If we do, you must pay all of our reasonable collection costs, including any actual legal costs. If you fail to make payment of all Fees when due, without prejudice to our right to recover any unpaid Fees, we reserve the right to suspend or cancel your membership by giving notice to you.
8. We reserve the right to change the Fees for the use of our Premises at any time. In the event that Fees are to be changed, we will make reasonable attempts to provide you with written notice of change to Fees to your nominated email address. The notice period for the change of Fees will be no less than 1 calendar month from the date you receive notice. Notice of the change to any Fees is deemed to have been received by you 2 working days after we have sent written notice to you by email.
Membership cancellation, suspension and restriction
9. If you hold a Steadfast Membership, your Membership will be automatically renewed at the conclusion of the Membership duration. If you wish to cancel your Steadfast Membership, you must give written notice of cancellation of not less than 2 week’s notice. No refunds are payable on any Fees which have been paid by you for a Steadfast Membership.
10. If your Membership is a Hooked, Committed, Focused or Hyped Membership, you may provide us with written notice to cancel your Membership within the first 5 days of your Membership. If you have used the gym facilities within those 5 days, the total number of visits will be deducted from the refund at the standard casual rate of $15.00 per visit, and the 24 Hour Access Fee (if applicable) will also be deducted from any refund.
11. If your Membership is a Hooked, Committed, Focused or Hyped Membership, you may provide us with written notice of your request to cancel your Membership. Cancellation of your Membership is at our discretion. A request for Membership cancellation will only be considered by us if all Fees that are due and payable at the date of the request are paid in full. If your request for cancellation is due to an illness or incapacity which prevents you from using our Premises, then you must provide a medical certificate providing particulars and/or evidence of any illness or incapacity. You agree that in the event of cancellation, a cancellation fee may be charged by us which will be determined by us and calculated as a reasonable percentage (being not less than 33%) of the remaining Fees left to pay for the balance of your Membership duration. You agree and acknowledge that the calculation in this clause relating to a cancellation fee is a fair and reasonable pre-contractual estimate of our loss or damage.
12. We may cancel your Membership immediately and at any time by giving you written notice where you breach a fundamental term of this Agreement, including without limitation where you fail to pay any Fees within a reasonable time or for any breach of our Rules. If we do cancel your Membership under this clause, we will be entitled to recover our costs and/or losses under this Agreement from you, including by charging a cancellation fee as set out this Agreement.
13. We reserve the right to restrict or suspend your Membership if we have reasonable grounds to conclude that that your access to our Premises should be restricted or suspended having regard to your health and/or safety or the health and/or safety of another member, or for non-compliance with our Rules, or for a breach of the terms of this Agreement. If your Membership is restricted or suspended on the grounds that you are physically unfit or unable to use our Premises, your Membership will not be reinstated until you provide us with a medical certificate confirming that you are medically fit or able to use our Premises.
14. At your request, your Membership may be placed on hold in accordance with this clause. If your Membership is placed on hold by us, you will not be required to pay Fees for any period that we allow the hold. For a Hyped or Focused Membership, you may request a Membership hold for a continuous period that is not shorter than 2 weeks, but does not exceed 6 weeks. For a Committed or Hooked Membership, you may request a Membership hold for a continuous period that is not shorter than 2 weeks, but does not exceed 12 weeks. A Membership hold will only be allowed by us where the following conditions are met: where you hold a Hyped or Focused Membership, you have not placed your Membership on hold previously during the Membership duration; or where you hold a Committed or Hooked Membership, you have your Membership has not been placed on hold more than 2 times during the Membership duration; and our consent to your request will not be unreasonably withheld, but you must provide evidence that is satisfactory to us (for example, a medical certificate or confirmation of travel plans) to support your Membership hold request.
15. If you cause damage to our Premises or other property as a result of an intentional, dangerous, reckless or negligent act as reasonably determined by us or as a result of the breach of this Agreement or our Rules, then you agree that you shall be liable to us for the reasonable cost of the repair or replacement of our Premises or other property.
16. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or otherwise) whether arising in contract, tort or otherwise, which may arise as a result of your use of our Premises or other services. This limitation does not limit or affect any rights a domestic consumer may have under the Consumer Guarantees Act 1993. Compensation for personal injury by accident in New Zealand may be covered by the Accident Compensation Act 2001 (as amended or reenacted).
17. By accessing our Premises and/or using our Premises, you are deemed to have understood and accepted both this Agreement and our Rules. By completing the PPQ, you warrant to us that you have no known condition (medical or other), disability or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects. Every time you access our Premises during your Membership, you warrant and represent to us that you have no known medical conditions that would mean that you are not capable of physical exercise and that such exercise will not be detrimental to your health. If you are in any doubt, it is your sole responsibility to consult with your medical practitioner.
18. You acknowledge that exercise or health specialists (for example personal trainers) may operate from our Premises, but may not be our employees or agents. Where you choose to make use of a exercise or health specialist, you must enter into an agreement with them, and pay them separately.
19. If you have a complaint or dispute or difference arising out of or in connection with this Agreement, then we invite you to raise the matter with our gym manager in the first instance. If we cannot resolve your complaint or dispute, then you must raise the complaint or dispute by giving us written notice which sets out the particulars of the complaint or dispute and the outcome you seek. Both parties must endeavor in good faith to resolve the complaint or dispute including by meeting on a without prejudice basis within 20 working days of the notice of the dispute. You agree that you will not commence any legalproceedings for any reason until you have first complied with this clause.
20. This Agreement constitutes the entire agreement between the parties, and it replaces all in the negotiations, representations, warranties, understanding and agreements, whether oral or written. The Agreement shall not be varied unless it varied in writing, and signed by both parties. This Agreement and any rights, duties and obligation as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand.
21. The following definitions apply to this Agreement:
a. “We”/”us”/”our” means Simply Fit Limited.
b. “You”/”your” means the member who has entered into this Agreement with us.
c. “Agreement” means this agreement made between Simply Fit Limited and you as member including these terms and conditions and any annexures to the terms and conditions.
d. “Premises” means our gym, our facilities and our equipment or property, and includes any locations outside of our gym or facilities where training and/or events take place from time to time, including without limitation locations for member nights, member social events, external club events, open days or family days.
e. “Rules” means Simply Fit Limited’s rules as amended by us from time to time. A copy of the Rules are able to be reviewed at Simply Fit Limited’s Premises upon request.
f. “Membership” means the agreed access rights you have to our Premises, as indicated in this Agreement. The Membership types at the date of this Agreement are defined as follows: “Hooked” means a 12 month fixed term Membership with Membership Fees of $16.00 incl. GST per week paid in advance by direct debit; “Committed” means a 12 month fixed term Membership with Membership Fees of $780.00 including GST paid in one lump sum in advance; “Focused” means a 6 month fixed term Membership with Membership Fees of $18.00 incl. GST per week paid in advance by direct debit; “Hyped” means a 6 month fixed term Membership with Membership Fees of $442.00 incl. GST paid in one lump sum in advance; “Earnest” means a 3 month fixed term Membership with Membership Fees of $247.00 incl. GST paid in one lump sum in advance; “Steadfast” means a 4 week (1 calendar month) fixed term Membership with Membership Fees of $76.00 incl. GST per calendar month paid in advance by direct debit.
g. “Staffed Hours” means 8:30am to 7.00pm Monday to Thursday (inclusive), and 8:30am to 12:30pm on Friday and Saturday (inclusive), and excludes all Sunday and public holidays (unless otherwise advertised by us).
h. “Standard Membership” means that your Membership rights include the ability to access our premises in accordance with the terms of this Agreement at any time during the Staffed Hours.
i. “24 Hour Access Membership” means that after paying the associated 24 Hour Access Fee, your Membership rights include the ability to access our premises in accordance with the terms of this Agreement at any time of the day, 7 days per week
j. “Fees” means all moneys that are due and payable by you to us under this Agreement, including, without limitation, joining fees, regular membership fees, transfer fees, cancellation fees, 24 Hour Access Fee, access card fees, lost access card fees, our costs of enforcing our rights under this Agreement and administrative fees.
k. “Membership Fees” means the fees associated with the Membership indicated by this Agreement.
l. “24 Hour Access Fee” means a one-off fee of $75.00 including GST .