Terms & Conditions

Member Casual Terms & Conditions

Please take a moment to review our terms and conditions carefully. Your agreement signifies your understanding of the rules and responsibilities involved in becoming a member of Tony Martins Gym.




Your membership is a casual membership and provides for access to the gym while the gym is staffed.




If you remain within the gym after these hours, you must abide by all Policies including the After Hours House Rules.




If you leave the gym your access will cease upon leaving.




 There is a maximum of 12 hours continuous use in any day for a casual daily entry. 




You must sign up in person at the gym.




You must pay your Membership entry Fees  to us.as well as any applicable credit card fee




in full on the day you activate your Membership Agreement (in accordance with Activating Your Membership) by cash, EFTPOS or credit card directly to us. 




You must complete your registration in person at the gym.




Upon completion of the registration process, you will be provided with your Membership Agreement by email.  




Any personal information that you provide to us will be held and used by us in accordance with our Privacy Policy - https://tonymartins.co.nz/privacy-policy/




We may accept or decline any application for membership as we see fit in our sole and absolute discretion.




Activating Membership

If your application is accepted, your membership starts and is activated when you have completed the following steps;

Completed the Registration Process.

Paid your Membership entry Fees in full. 




Please note, you will need to complete an orientation before you first begin training at the gym. 




Cooling Off

Not applicable.

Early Cancellation

Not applicable

Transfer Fee

Not applicable.

Service Fee

Full payment in cleared funds must be paid at reception before entry is granted.




Outstanding Debts

If your payment is dishonoured, we may (without limitation) record your payment default with a credit agency and /or use a collection agency for recovery of funds and their costs and expenses incurred in attempting  recovery of the debt is also payable by you.  




This may affect your credit rating.

Voluntary Suspension 




Not applicable.

Termination by Us




If at any time we reasonably believe you to be in breach of the Terms (including but not limited to the House Rules, 24/7 access rules) , we reserve the right to cancel your membership, effective immediately, by removing you from the gym.  

Minors

The first time a Minor applies for a casual membership, their parent or legal guardian must enter into the membership agreement.




The parent or legal guardian is responsible for all fees and costs associated with the membership and acknowledges that their child may enter into subsequent casual memberships with us without reference to them.




The minimum age for membership is 15. 




Children aged 15 may only use the facilities during staffed hours.




An adult member may bring a child or their children (maximum of two) into the gym who are under the age of 15 years of age strictly on the basis that:




Those children are to be under the sole supervision of that adult member;

The children are not permitted to use any equipment.

The adult member (1) is solely and exclusively responsible for the health and wellbeing of that child or children, (2) releases us from all responsibility and liability in connection with that child or children’s presence within the premises and (3) will promptly and fully indemnify us for all damage, loss or expenses we suffer or incur in connection with any damage to equipment, the premises or other people’s property caused by that child or children.




Access

During the term of your Membership Agreement, you shall be entitled to access to the gym and use of the equipment and attend all classes. 




If you are 15 years old, you will only be allowed to use the gym while the gym is staffed. 




Opening hours and classes are subject to change and or cancellation at our discretion. We will endeavour to notify you of such changes but cannot guarantee that you will be made aware. 




The emergency lever and emergency style bars drop are located at the reception area, this will be shown to members on their induction. This is to be pulled in emergencies only, if it is activated when there are no issues there will be a fee of $150 charged (as well as any other loss or damage incurred because of inappropriate use including costs associated with callouts).




You will pay the full cost charged by the Fire Service in connection with any false fire alarm activation caused by you.




There may be occasions when we are required to close all, or part of the gym and stop the provision of services 




We will endeavour to advise you in advance of such situations, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum to avoid any disruption.




Safe Workouts and Our Responsibility




It is your responsibility to make sure you work out safely at our gym. 




Before you use any equipment, you must ensure that you are aware of how to use that equipment properly and ask our staff if you have any questions and guidance before using it.  




In using any piece of equipment, you are deemed to have acknowledged that you know how to use it properly, as a result you are solely liable and responsible for any misuse of equipment and release us from and all liability from the use of the equipment by you.




In no event will we be liable for any direct, indirect, or consequential loss or damage of any kind, whether to you or your property. 




If you have concerns about your ability to train safely at the gym, or if you have a medical condition that may affect your safety, we strongly recommend that you consult a doctor before you enter our gym.




Changes to Membership Agreement

We may need to make changes to  our Terms (including adjustments to Membership Fees).




If any changes are required, they will not apply retrospectively. Generally, we will endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. 




Updated Terms will be emailed to you at the email address you have advised, and you consent to receive updates at that email address.  At our discretion we may direct you to the update terms by publishing them on our website.




You must always maintain that email address during your membership and updates to the Terms will take effect from the time that an email leaves our system on the condition that it is correctly addressed to the email address we hold for you.




If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 




Limitation of Liability

Your contract is with us and not any of our directors, staff or contractors.  As such, you agree that you may not bring any legal action against our staff, contractors or directors.




If you have any complaint or claim against us, you must bring it strictly within 6 months of the event arising that you are basing your claim on.  If you do not, then you waive the right to bring such a claim.




Definitions




Membership Agreement means the membership agreement between you and us, generated following your completion of the Registration Process. 




Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.




Minor means a person between 15 and 18 years of age.




Privacy Policy means our privacy policy which is available at [insert hyperlink].  




Policies means any policies we introduce from time to time which will be provided to you, and which will be available on our website. 




Registration Process means the registration process completed by us through the Clubware system.




Terms means these terms and conditions, the House Rules and the Policies.




‘we’ or ‘us’ refers to Tony Martins Gym Limited [8438524] or our assigns or successors in title




Part B

Privacy Policy




These General Terms should be read in conjunction with our Privacy Policy which you can find here [insert hyperlink].




Authorisation to provide information to parent or legal guardian needs to form part of the policy.




Part C




House Rules

General House Rules

The House Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of the House Rules may result in termination of your Membership Agreement, and you may also be prevented from rejoining at a later date. We are entitled to recover from you compensation for any losses or damages, costs fees and/or expenses suffered or incurred, including legal costs on a solicitor-client basis. 




The House Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




Adhere to all reasonable and lawful instructions, policies and processes issued by us.




Act in good faith and always be courteous to staff and fellow members. 




You will not threaten or harm our staff and fellow members in anyway. Bullying, harassment and discrimination of any kind is not tolerated by us, and any concerns reported will be taken seriously. 




Do not photograph or video anyone in the gym without our express prior consent as well as the express prior consent of the person who may be in the image.




Do not carry out any offensive or illegal activities on our premises. 




Adhere to all health and safety policies and procedures issued by us and updated from time to time. 




Take reasonable care of your own health and safety, and not adversely affect the health and safety of others.




You are responsible for updating the gym staff of any medical conditions you suffer. 




You acknowledge and agree to abide by any other relevant Policies provided by us from time to time.




You declare yourself to be physically sound, mentally capable and not suffering from any condition, impairment, disease or infirmity or other illness that would prevent your access and use of the gym facility or the equipment. If any such condition exists, you are required to notify us before use. 




If you have any medical concerns, you must ensure that emergency services can be called by you on short notice and your continued access to the gym is at your sole risk.




Report any incidents or near misses to our staff to assist us improve our processes and to assist us prevent further incidents.




Do not undertake any activity in which you are not adequately trained if you believe there is risk to yours or anyone else’s health and safety. 




It is prohibited to cause damage to the gym, equipment, the building including but not limited to the floor, ceiling, walls, or fixed assets.




Alcohol and illicit substances are strictly prohibited within the gym and within the grounds, including the carpark and any adjoining area to the gym.




You must always take responsibility for your own belongings. Neither we nor our employees, or contractors are liable for any stolen, lost, or damaged property (unless such theft, loss or damage is caused deliberately or due to gross negligence by us, our employees, or contractors (as applicable)). 




Clean and appropriate workout clothing (as decided upon by us in our sole and absolute discretion) must be always used. Please do not wear anything offensive or intimidating to others. 




Wear appropriate footwear. No open-toe footwear. Bare feet only in classes that allow it. 




Stay away from the gym if you are sick. 




Use a clean towel on all equipment including exercise mats.




Clean the equipment after use with the spray and paper towel provided.




All rules and conditions established by us regarding access and use of the gym facility are to be abided by.




After Hours House Rules

If your membership type allows, you have the privilege of accessing our facilities 24/7. In the best interests of yours and other members’ safety and security you agree to follow these additional After Hours Rules. 




Please be aware that any breaches of After Hours Rules may result in termination of your Membership Agreement and you may also be prevented from rejoining at later date. We may also seek compensation for any costs incurred, including legal costs on a solicitor-client basis. 




The After Hours Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




It is understood and acknowledged that training at our gym facility after hours involves risks of personal injury, damage, death or loss of property.




You are required to complete our safety induction before they can access the gym outside of staffed hours. 




Members that are 15 years old are only allowed access during staffed hours.




The gym may be subject to reduced or no staffing after hours. This means staff may not be able to assist you immediately if you have any issues. You acknowledge and agree that staff may not be able to assist you immediately if you are injured, feel unsafe or require assistance.




You must not deliberately use the emergency lever inappropriately. Please see the General Terms for the consequences if you do.




You acknowledge and agree that there are areas of the gym facility and equipment that may be closed or unavailable to you. Areas will be clearly marked where access is restricted.




In the event of an emergency outside of staffed hours you must:




Call 111 in all events where there is a fire or natural emergency, or serious physical harm to any person (actual or threatened); and




Push the fire alarm if there is a fire or another event that the fire department  responds to; or




Contact our security monitoring service if there is serious physical harm to any person (actual or threatened) or persons looking to break into the gym.




In the event of a natural disaster take precautions as required and advise other members.




In the event of a fault to equipment or damage at the premises, which is not a threat to health or safety, please email reception Info@Tonymartins.co.nz with the issue and with photos if possible. 




Only you (as the key fob holder) may access the premises during unstaffed hours and transferring your key fob to another person (member or non-member) is strictly prohibited, this also includes but not limited to tailgating. Members caught doing this will be subject to having their membership suspended or cancelled and will incur a fee of $150 to get this released.

Member Complimentary Terms & Conditions

Please take a moment to review our terms and conditions carefully. Your agreement signifies your understanding of the rules and responsibilities involved in becoming a member of Tony Martins Gym.




Your membership is a casual membership and provides for access to the gym while the gym is staffed.




If you remain within the gym after these hours, you must abide by all Policies including the After Hours House Rules.




If you leave the gym your access will cease upon leaving.




 There is a maximum of 12 hours continuous use in any day for a casual daily entry. 




You must sign up in person at the gym.




You must pay your Membership entry Fees  to us.as well as any applicable credit card fee




in full on the day you activate your Membership Agreement (in accordance with Activating Your Membership) by cash, EFTPOS or credit card directly to us. 




You must complete your registration in person at the gym.




Upon completion of the registration process, you will be provided with your Membership Agreement by email.  




Any personal information that you provide to us will be held and used by us in accordance with our Privacy Policy - https://tonymartins.co.nz/privacy-policy/




We may accept or decline any application for membership as we see fit in our sole and absolute discretion.




Activating Membership

If your application is accepted, your membership starts and is activated when you have completed the following steps;

Completed the Registration Process.

Paid your Membership entry Fees in full. 




Please note, you will need to complete an orientation before you first begin training at the gym. 




Cooling Off

Not applicable.

Early Cancellation

Not applicable

Transfer Fee

Not applicable.

Service Fee

Full payment in cleared funds must be paid at reception before entry is granted.




Outstanding Debts

If your payment is dishonoured, we may (without limitation) record your payment default with a credit agency and /or use a collection agency for recovery of funds and their costs and expenses incurred in attempting  recovery of the debt is also payable by you.  




This may affect your credit rating.

Voluntary Suspension 




Not applicable.

Termination by Us




If at any time we reasonably believe you to be in breach of the Terms (including but not limited to the House Rules, 24/7 access rules) , we reserve the right to cancel your membership, effective immediately, by removing you from the gym.  

Minors

The first time a Minor applies for a casual membership, their parent or legal guardian must enter into the membership agreement.




The parent or legal guardian is responsible for all fees and costs associated with the membership and acknowledges that their child may enter into subsequent casual memberships with us without reference to them.




The minimum age for membership is 15. 




Children aged 15 may only use the facilities during staffed hours.




An adult member may bring a child or their children (maximum of two) into the gym who are under the age of 15 years of age strictly on the basis that:




Those children are to be under the sole supervision of that adult member;

The children are not permitted to use any equipment.

The adult member (1) is solely and exclusively responsible for the health and wellbeing of that child or children, (2) releases us from all responsibility and liability in connection with that child or children’s presence within the premises and (3) will promptly and fully indemnify us for all damage, loss or expenses we suffer or incur in connection with any damage to equipment, the premises or other people’s property caused by that child or children.




Access

During the term of your Membership Agreement, you shall be entitled to access to the gym and use of the equipment and attend all classes. 




If you are 15 years old, you will only be allowed to use the gym while the gym is staffed. 




Opening hours and classes are subject to change and or cancellation at our discretion. We will endeavour to notify you of such changes but cannot guarantee that you will be made aware. 




The emergency lever and emergency style bars drop are located at the reception area, this will be shown to members on their induction. This is to be pulled in emergencies only, if it is activated when there are no issues there will be a fee of $150 charged (as well as any other loss or damage incurred because of inappropriate use including costs associated with callouts).




You will pay the full cost charged by the Fire Service in connection with any false fire alarm activation caused by you.




There may be occasions when we are required to close all, or part of the gym and stop the provision of services 




We will endeavour to advise you in advance of such situations, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum to avoid any disruption.




Safe Workouts and Our Responsibility




It is your responsibility to make sure you work out safely at our gym. 




Before you use any equipment, you must ensure that you are aware of how to use that equipment properly and ask our staff if you have any questions and guidance before using it.  




In using any piece of equipment, you are deemed to have acknowledged that you know how to use it properly, as a result you are solely liable and responsible for any misuse of equipment and release us from and all liability from the use of the equipment by you.




In no event will we be liable for any direct, indirect, or consequential loss or damage of any kind, whether to you or your property. 




If you have concerns about your ability to train safely at the gym, or if you have a medical condition that may affect your safety, we strongly recommend that you consult a doctor before you enter our gym.




Changes to Membership Agreement

We may need to make changes to  our Terms (including adjustments to Membership Fees).




If any changes are required, they will not apply retrospectively. Generally, we will endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. 




Updated Terms will be emailed to you at the email address you have advised, and you consent to receive updates at that email address.  At our discretion we may direct you to the update terms by publishing them on our website.




You must always maintain that email address during your membership and updates to the Terms will take effect from the time that an email leaves our system on the condition that it is correctly addressed to the email address we hold for you.




If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 




Limitation of Liability

Your contract is with us and not any of our directors, staff or contractors.  As such, you agree that you may not bring any legal action against our staff, contractors or directors.




If you have any complaint or claim against us, you must bring it strictly within 6 months of the event arising that you are basing your claim on.  If you do not, then you waive the right to bring such a claim.




Definitions




Membership Agreement means the membership agreement between you and us, generated following your completion of the Registration Process. 




Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.




Minor means a person between 15 and 18 years of age.




Privacy Policy means our privacy policy which is available at [insert hyperlink].  




Policies means any policies we introduce from time to time which will be provided to you, and which will be available on our website. 




Registration Process means the registration process completed by us through the Clubware system.




Terms means these terms and conditions, the House Rules and the Policies.




‘we’ or ‘us’ refers to Tony Martins Gym Limited [8438524] or our assigns or successors in title




Part B

Privacy Policy




These General Terms should be read in conjunction with our Privacy Policy which you can find here [insert hyperlink].




Authorisation to provide information to parent or legal guardian needs to form part of the policy.




Part C




House Rules

General House Rules

The House Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of the House Rules may result in termination of your Membership Agreement, and you may also be prevented from rejoining at a later date. We are entitled to recover from you compensation for any losses or damages, costs fees and/or expenses suffered or incurred, including legal costs on a solicitor-client basis. 




The House Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




Adhere to all reasonable and lawful instructions, policies and processes issued by us.




Act in good faith and always be courteous to staff and fellow members. 




You will not threaten or harm our staff and fellow members in anyway. Bullying, harassment and discrimination of any kind is not tolerated by us, and any concerns reported will be taken seriously. 




Do not photograph or video anyone in the gym without our express prior consent as well as the express prior consent of the person who may be in the image.




Do not carry out any offensive or illegal activities on our premises. 




Adhere to all health and safety policies and procedures issued by us and updated from time to time. 




Take reasonable care of your own health and safety, and not adversely affect the health and safety of others.




You are responsible for updating the gym staff of any medical conditions you suffer. 




You acknowledge and agree to abide by any other relevant Policies provided by us from time to time.




You declare yourself to be physically sound, mentally capable and not suffering from any condition, impairment, disease or infirmity or other illness that would prevent your access and use of the gym facility or the equipment. If any such condition exists, you are required to notify us before use. 




If you have any medical concerns, you must ensure that emergency services can be called by you on short notice and your continued access to the gym is at your sole risk.




Report any incidents or near misses to our staff to assist us improve our processes and to assist us prevent further incidents.




Do not undertake any activity in which you are not adequately trained if you believe there is risk to yours or anyone else’s health and safety. 




It is prohibited to cause damage to the gym, equipment, the building including but not limited to the floor, ceiling, walls, or fixed assets.




Alcohol and illicit substances are strictly prohibited within the gym and within the grounds, including the carpark and any adjoining area to the gym.




You must always take responsibility for your own belongings. Neither we nor our employees, or contractors are liable for any stolen, lost, or damaged property (unless such theft, loss or damage is caused deliberately or due to gross negligence by us, our employees, or contractors (as applicable)). 




Clean and appropriate workout clothing (as decided upon by us in our sole and absolute discretion) must be always used. Please do not wear anything offensive or intimidating to others. 




Wear appropriate footwear. No open-toe footwear. Bare feet only in classes that allow it. 




Stay away from the gym if you are sick. 




Use a clean towel on all equipment including exercise mats.




Clean the equipment after use with the spray and paper towel provided.




All rules and conditions established by us regarding access and use of the gym facility are to be abided by.




After Hours House Rules

If your membership type allows, you have the privilege of accessing our facilities 24/7. In the best interests of yours and other members’ safety and security you agree to follow these additional After Hours Rules. 




Please be aware that any breaches of After Hours Rules may result in termination of your Membership Agreement and you may also be prevented from rejoining at later date. We may also seek compensation for any costs incurred, including legal costs on a solicitor-client basis. 




The After Hours Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




It is understood and acknowledged that training at our gym facility after hours involves risks of personal injury, damage, death or loss of property.




You are required to complete our safety induction before they can access the gym outside of staffed hours. 




Members that are 15 years old are only allowed access during staffed hours.




The gym may be subject to reduced or no staffing after hours. This means staff may not be able to assist you immediately if you have any issues. You acknowledge and agree that staff may not be able to assist you immediately if you are injured, feel unsafe or require assistance.




You must not deliberately use the emergency lever inappropriately. Please see the General Terms for the consequences if you do.




You acknowledge and agree that there are areas of the gym facility and equipment that may be closed or unavailable to you. Areas will be clearly marked where access is restricted.




In the event of an emergency outside of staffed hours you must:




Call 111 in all events where there is a fire or natural emergency, or serious physical harm to any person (actual or threatened); and




Push the fire alarm if there is a fire or another event that the fire department  responds to; or




Contact our security monitoring service if there is serious physical harm to any person (actual or threatened) or persons looking to break into the gym.




In the event of a natural disaster take precautions as required and advise other members.




In the event of a fault to equipment or damage at the premises, which is not a threat to health or safety, please email reception Info@Tonymartins.co.nz with the issue and with photos if possible. 




Only you (as the key fob holder) may access the premises during unstaffed hours and transferring your key fob to another person (member or non-member) is strictly prohibited, this also includes but not limited to tailgating. Members caught doing this will be subject to having their membership suspended or cancelled and will incur a fee of $150 to get this released.

Member Non Contact Terms & Conditions

Please take a moment to review our terms and conditions carefully. Your agreement signifies your understanding of the rules and responsibilities involved in becoming a member of Tony Martins Gym.




Your membership will be for the rolling weekly, fortnightly or monthly duration as recorded when you sign up.




You must sign up in person at the gym.




That membership will continue to roll over and renew for successive equal terms until we or you end it in accordance with these Terms. 




The Membership Fees for the initial term (as well as any applicable joining fee and/or administrative fee and/or credit card payment fee) must be paid in full on the day you activate your Membership Agreement (in accordance with Activating Your Membership) by cash, EFTPOS or credit card directly to us. 




Ongoing Membership Fees must be paid to us by way of automatic payments.  Each payment for each successive period must be paid in full before the start of a renewal period.




Registration

You must complete your registration in person at the gym.




Upon completion of the registration process, you will be provided with your Membership Agreement by email.  




Any personal information that you provide to us will be held and used by us in accordance with our Privacy Policy - https://tonymartins.co.nz/privacy-policy/




We may accept or decline any application for membership as we see fit in our sole and absolute discretion.

Activating Membership

If your application is accepted, your membership starts and is activated when you have completed the following steps;

Completed the Registration Process.

Paid  the fee for the initial membership period, any applicable joining fee and/or administrative fee and/or credit card payment fee 

Paid the key fob.

Set up your automatic payments. 




Please note, you will need to complete an orientation before you first begin training at the gym. 




You will receive your key fob on your first visit during staffed hours. Key fobs will remain our property and must be returned to us at the end or earlier termination of your membership.  A fee will be charged for lost key fobs.  Currently this is $15 but this may change from time to time in the future.




Members are required to tag in and out on their own key fob when entering the premises even if doors or gates are open, this will be used as a register in the event of a fire or any other emergency. 




Cooling Off

Not applicable.




Early Cancellation

If you wish to cancel your membership, you must provide written notice at least 3 clear business days’ prior to this intention before the end of the then current period. You can request to terminate your membership by emailing us at Membership@tonymartins.co.nz. 




Once you have made your request, we will be in touch with you to finalise the process.




After cancellation, all previous rates will be null and void and you will need to reapply for a new membership.




Transfer Fee

Not applicable.




Service Fee

Membership will be suspended immediately if any part of the  Membership Fee is not received on the due date or is dishonoured, every attempt will be made to notify the member regarding any issues with payments. 




You will be subject to pay a $14.95 service fee if any automatic payment is dishonoured by your financial institution. 




You must pay all dishonoured payments and this fee to us in full before your membership is reinstated.  This must occur in person at our reception.




Outstanding Debts

If you have outstanding debts, we will make reasonable efforts to contact you and discuss this with you beforehand.




If any outstanding debt remains unpaid for seven (7) working days, we may at our discretion cancel your membership or suspend your access.   




You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we may (without limitation) record your payment default with a credit agency and /or use a collection agency for recovery of funds and their costs and expenses incurred in attempting  recovery of the debt is also payable by you.  




This may affect your credit rating.




Voluntary Suspension 




This form of membership  requires uninterrupted membership without any periods of suspension.




As a result, no periods of suspension are permitted.




If you request a suspension of your membership, we may choose (in our sole and absolute discretion) whether to accept or decline such request.




If we choose to accept your request:

 

this will act to bring your membership to an end and all fees paid for the balance of the then period will be forfeited.

you will be required to re-apply for membership with us.

we may accept or decline any membership application (and/or type of membership you apply for).

Joining fees (including Debit Success fees) may apply. 




Termination by Us

If at any time we reasonably believe you to be in breach of the Terms, we reserve the right to cancel your membership, effective immediately, by giving you notice in writing.  Term breaches include but is not limited to:




Payment dishonours and/or account arrears of more than 7 days




Breaching any House Rules or Policies




Any exercise of our rights to terminate your Terms is without prejudice to any other rights and remedies available to us under these Terms or at law.




Minors

Any Membership agreements for minors must also be co-signed by a parent or legal guardian.




The parent or legal guardian is responsible for all fees and costs associated with the membership.




The minimum age for membership is 15. 




Children aged 15 may only use the facilities during staffed hours.




An adult member may bring a child or their children (maximum of two) into the gym who are under the age of 15 years of age strictly on the basis that:




Those children are to be under the sole supervision of that adult member;

The children are not permitted to use any equipment.

The adult member (1) is solely and exclusively responsible for the health and wellbeing of that child or children, (2) releases us from all responsibility and liability in connection with that child or children’s presence within the premises and (3) will promptly and fully indemnify us for all damage, loss or expenses we suffer or incur in connection with any damage to equipment, the premises or other people’s property caused by that child or children.




Access

During the term of your Membership Agreement, you shall be entitled to access to the gym and use of the equipment and attend all classes. 




If the membership type is daytime entry only and not 24/7 you will only be allowed to attend classes and use the gym equipment from 8am to 4pm Monday to Sunday. 




Opening hours and classes are subject to change and or cancellation at our discretion. We will endeavour to notify you of such changes but cannot guarantee that you will be made aware. 




The emergency lever and emergency style bars drop are located at the reception area, this will be shown to members on their induction. This is to be pulled in emergencies only, if it is activated when there are no issues there will be a fee of $150 charged (as well as any other loss or damage incurred because of inappropriate use including costs associated with callouts).




You will pay the full cost charged by the Fire Service in connection with any false fire alarm activation caused by you.




Unplanned Closure 

There may be occasions when we are required to close all, or part of the gym and stop the provision of services. In such circumstances, you may be entitled to pause your membership for the period of closure. We will endeavour to advise you in advance of such situations, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum to avoid any disruption.




Safe Workouts and Our Responsibility




It is your responsibility to make sure you work out safely at our gym. 




Before you use any equipment, you must ensure that you are aware of how to use that equipment properly and ask our staff if you have any questions and guidance before using it.  




In using any piece of equipment, you are deemed to have acknowledged that you know how to use it properly, as a result you are solely liable and responsible for any misuse of equipment and release us from and all liability from the use of the equipment by you.




In no event will we be liable for any direct, indirect, or consequential loss or damage of any kind, whether to you or your property. 




If you have concerns about your ability to train safely at the gym, or if you have a medical condition that may affect your safety, we strongly recommend that you consult a doctor before you enter our gym.




Changes to Membership Agreement

We may need to make changes to  our Terms (including adjustments to Membership Fees).




If any changes are required, they will not apply retrospectively. Generally, we will endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. 




Updated Terms will be emailed to you at the email address you have advised, and you consent to receive updates at that email address.  At our discretion we may direct you to the update terms by publishing them on our website.




You must always maintain that email address during your membership and updates to the Terms will take effect from the time that an email leaves our system on the condition that it is correctly addressed to the email address we hold for you.




If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 




Except where we are required by law to make the change, if you find a modified term unacceptable you may terminate your Membership Agreement by giving us the standard advance notice, even if you are within your minimum period. 




Limitation of Liability

Your contract is with us and not any of our directors, staff or contractors.  As such, you agree that you may not bring any legal action against our staff, contractors or directors.




If you have any complaint or claim against us, you must bring it strictly within 6 months of the event arising that you are basing your claim on.  If you do not, then you waive the right to bring such a claim.




Definitions




Membership Agreement means the membership agreement between you and us, generated following your completion of the Registration Process. 

Membership duration means either weekly, fortnightly or monthly as the case may be and renewing for successive like terms ( e.g weekly renewing for successive weeks, and so forth) until your membership is cancelled. 

Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.

Minor means a person between 15 and 18 years of age.

Privacy Policy means our privacy policy which is available at [insert hyperlink].  

Policies means any policies we introduce from time to time which will be provided to you, and which will be available on our website. 

Registration Process means the registration process completed by us through the Clubware system.

Terms means these terms and conditions, the House Rules and the Policies.

‘we’ or ‘us’ refers to Tony Martins Gym Limited [8438524] or our assigns or successors in title.




Part B

Privacy Policy




These General Terms should be read in conjunction with our Privacy Policy which you can find here [insert hyperlink].




Part C




House Rules

General House Rules




The House Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of the House Rules may result in termination of your Membership Agreement, and you may also be prevented from rejoining at a later date. We are entitled to recover from you compensation for any losses or damages, costs fees and/or expenses suffered or incurred, including legal costs on a solicitor-client basis. 




The House Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




Adhere to all reasonable and lawful instructions, policies and processes issued by us.




Act in good faith and always be courteous to staff and fellow members. 




You will not threaten or harm our staff and fellow members in anyway. Bullying, harassment and discrimination of any kind is not tolerated by us, and any concerns reported will be taken seriously. 




Do not photograph or video anyone in the gym without our express prior consent as well as the express prior consent of the person who may be in the image.




Do not carry out any offensive or illegal activities on our premises. 




Adhere to all health and safety policies and procedures issued by us and updated from time to time. 




Take reasonable care of your own health and safety, and not adversely affect the health and safety of others.




You are responsible for updating the gym staff of any medical conditions you suffer. 




You acknowledge and agree to abide by any other relevant Policies provided by us from time to time.




You declare yourself to be physically sound, mentally capable and not suffering from any condition, impairment, disease or infirmity or other illness that would prevent your access and use of the gym facility or the equipment. If any such condition exists, you are required to notify us before use. 




If you have any medical concerns, you must ensure that emergency services can be called by you on short notice and your continued access to the gym is at your sole risk.




Report any incidents or near misses to our staff to assist us improve our processes and to assist us prevent further incidents.




Do not undertake any activity in which you are not adequately trained if you believe there is risk to yours or anyone else’s health and safety. 




It is prohibited to cause damage to the gym, equipment, the building including but not limited to the floor, ceiling, walls, or fixed assets.




Alcohol and illicit substances are strictly prohibited within the gym and within the grounds, including the carpark and any adjoining area to the gym.




You must always take responsibility for your own belongings. Neither we nor our employees, or contractors are liable for any stolen, lost, or damaged property (unless such theft, loss or damage is caused deliberately or due to gross negligence by us, our employees, or contractors (as applicable)). 




Clean and appropriate workout clothing (as decided upon by us in our sole and absolute discretion) must be always used. Please do not wear anything offensive or intimidating to others. 




Wear appropriate footwear. No open-toe footwear. Bare feet only in classes that allow it. 




Stay away from the gym if you are sick. 




Use a clean towel on all equipment including exercise mats.




Clean the equipment after use with the spray and paper towel provided.




All rules and conditions established by us regarding access and use of the gym facility are to be abided by.




After Hours House Rules

If your membership type allows, you have the privilege of accessing our facilities 24/7. In the best interests of yours and other members’ safety and security you agree to follow these additional After Hours Rules. 




Please be aware that any breaches of After Hours Rules may result in termination of your Membership Agreement and you may also be prevented from rejoining at later date. We may also seek compensation for any costs incurred, including legal costs on a solicitor-client basis. 




The After Hours Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




It is understood and acknowledged that training at our gym facility after hours involves risks of personal injury, damage, death or loss of property.




You are required to complete our safety induction before they can access the gym outside of staffed hours. 




Members that are 15 years old are only allowed access during staffed hours.




The gym may be subject to reduced or no staffing after hours. This means staff may not be able to assist you immediately if you have any issues. You acknowledge and agree that staff may not be able to assist you immediately if you are injured, feel unsafe or require assistance.




You must not deliberately use the emergency lever inappropriately. Please see the General Terms for the consequences if you do.




You acknowledge and agree that there are areas of the gym facility and equipment that may be closed or unavailable to you. Areas will be clearly marked where access is restricted.




In the event of an emergency outside of staffed hours you must:




Call 111 in all events where there is a fire or natural emergency, or serious physical harm to any person (actual or threatened); and




Push the fire alarm if there is a fire or another event that the fire department  responds to; or




Contact our security monitoring service if there is serious physical harm to any person (actual or threatened) or persons looking to break into the gym.




In the event of a natural disaster take precautions as required and advise other members.




In the event of a fault to equipment or damage at the premises, which is not a threat to health or safety, please email reception info@Tonymartins.co.nz  with the issue and with photos if possible. 




Only you (as the key fob holder) may access the premises during unstaffed hours and transferring your key fob to another person (member or non-member) is strictly prohibited, this also includes but not limited to tailgating. Members caught doing this will be subject to having their membership suspended or cancelled and will incur a fee of $150 to get this released.

Member Fully Paid Terms & Conditions

Please take a moment to review our terms and conditions carefully. Your agreement signifies your understanding of the rules and responsibilities involved in becoming a member of Tony Martins Gym.




Your membership will be for the fixed term as specified when you sign up 




You must sign up in person at the gym.




After the end of the minimum term, your membership will continue until we or you end it in accordance with these Terms. 




You must pay your Membership Fees (as well as any applicable joining fee and/or administrative fee and/or credit card payment fee) to us in full before the start of the term, or for casual memberships, each time before you enter.

Fixed Term Membership 

At the end of the fixed term your membership will automatically expire. 




When your membership is due to end, you can choose to renew it before the date of expiry at the then current rate for renewing the relevant Fixed Term Membership. You can also choose to change to a different membership type. 




This must be completed in person at the gym.




Membership Fees (as well as any applicable fees) must be paid in full to us on the day you renew your membership.




Registration

You must complete your registration in person at the gym. 




Upon completion of the registration process, you will be provided with your Membership Agreement by email. 




Any personal information that you provide to us will be held and used by us in accordance with our Privacy Policy - https://tonymartins.co.nz/privacy-policy/




We may accept or decline any application for membership as we see fit in our sole and absolute discretion.

Activating Your Membership

If your application is accepted, your membership starts and is activated when you have completed the following steps;

Completed the Registration Process.

In the case of the Fixed Term Membership, paid your Membership Fees in full and the fee for the key fob fee. 




Please note, you will need to complete an orientation before you first begin training at the gym. 




You will receive your key fob on your first visit during staffed hours. Key fobs will remain our property and must be returned to us at the end or earlier termination of your membership.  A fee will be charged for lost key fobs.  Currently this is $15 but this may change from time to time in the future.




Members are required to tag in and out on their own key fob when entering the premises even if doors or gates are open, this will be used as a register in the event of a fire or any other emergency. 




Cooling Off




You can cancel your Membership Agreement during your Cooling-Off Period.




If you cancel during the Cooling-Off Period, we will then cancel your Membership Agreement.  No refund will be provided.




Any gift or incentive we have provided you with to join must be returned within this period if you choose to cancel your membership within this period.




Early Cancellation

If you wish to cancel your membership, you must provide written notice at least 3 business days’ prior to this intention. You can request to terminate your membership by emailing us at Membership@tonymartins.co.nz. 




Once you have made your request, we will be in touch with you to finalise the process.




Fixed Term Memberships can be transferred (subject to Transfers) but you will not be entitled to a refund of any amounts paid.  




Transfer Fee

Provided that we consent (such consent to be at our absolute discretion), you may transfer your membership and the remaining balance of the Minimum Term Membership or Fixed Term Membership. Any transfer will incur a transfer fee of $39 to be paid by cash, EFTPOS or credit card, directly to us.




Service Fee

Membership will be suspended immediately if any payment is dishonoured, every attempt will be made to notify the member regarding any issues with payments. 




You will be subject to pay a $14.95 service fee if a payment is dishonoured by your financial institution. 




You must pay all dishonoured payments and this fee to us in full before your membership is reinstated.




Outstanding Debts

If you have outstanding debts, we will make reasonable efforts to contact you and discuss this with you beforehand.




If any outstanding debt remains unpaid for seven (7) working days, we may at our discretion cancel your membership or suspend your access.

   

You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we may (without limitation) record your payment default with a credit agency and /or use a collection agency for recovery of funds and their costs and expenses incurred in attempting  recovery of the debt is also payable by you.  




This may affect your credit rating.




Voluntary Suspension 




You are entitled to suspend your membership for a maximum of two months in a calendar year. Any extension to the permitted suspension period will require our consent (such consent not to be unreasonably withheld).




A suspension request must be received by us at least one (1) week in advance by email to memberships@Tonymartins.co.nz 




Before requesting a suspension, you must make sure your Membership Fees are up to date and there are no payment dishonours. 

Your membership will automatically re-activate at the end of the agreed suspension period.




During the suspension period, your secure access tag will be de-activated.




The expiry end date of your membership will be extended by the suspension period.   




Termination by Us

If at any time we reasonably believe you to be in breach of the Terms, we reserve the right to cancel your membership, effective immediately, by giving you notice in writing.  Term breaches include but is not limited to:




Payment dishonours




Breaching any House Rules or Policies




Any exercise of our rights to terminate your Terms is without prejudice to any other rights and remedies available to us under these Terms or at law.




Minors

Any Membership agreements for minors must also be co-signed by a parent or legal guardian.




The parent or legal guardian is responsible for all fees and costs associated with the membership.




The minimum age for membership is 15. 




Children aged 15 may only use the facilities during staffed hours.




An adult member may bring a child or their children (maximum of two) into the gym who are under the age of 15 years of age strictly on the basis that:




Those children are to be under the sole supervision of that adult member;

The children are not permitted to use any equipment.

The adult member (1) is solely and exclusively responsible for the health and wellbeing of that child or children, (2) releases us from all responsibility and liability in connection with that child or children’s presence within the premises and (3) will promptly and fully indemnify us for all damage, loss or expenses we suffer or incur in connection with any damage to equipment, the premises or other people’s property caused by that child or children.




Access

During the term of your Membership Agreement, you shall be entitled to access to the gym and use of the equipment and attend all classes. 




If the membership type is daytime entry only and not 24/7 you will only be allowed to attend classes and use the gym equipment from 8am to 4pm Monday to Sunday. 




Opening hours and classes are subject to change and or cancellation at our discretion. We will endeavour to notify you of such changes but cannot guarantee that you will be made aware. 




The emergency lever and emergency style bars drop are located at the reception area, this will be shown to members on their induction. This is to be pulled in emergencies only, if it is activated when there are no issues there will be a fee of $150 charged (as well as any other loss or damage incurred because of inappropriate use including costs associated with callouts).




You will pay the full cost charged by the Fire Service in connection with any false fire alarm activation caused by you.




Unplanned Closure

There may be occasions when we are required to close all, or part of the gym and stop the provision of services. In such circumstances, you may be entitled to pause your membership for the period of closure. We will endeavour to advise you in advance of such situations, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum to avoid any disruption.




Safe Workouts and Our Responsibility




It is your responsibility to make sure you work out safely at our gym. 




Before you use any equipment, you must ensure that you are aware of how to use that equipment properly and ask our staff if you have any questions and guidance before using it.  




In using any piece of equipment, you are deemed to have acknowledged that you know how to use it properly, as a result you are solely liable and responsible for any misuse of equipment and release us from and all liability from the use of the equipment by you.




In no event will we be liable for any direct, indirect, or consequential loss or damage of any kind, whether to you or your property. 




If you have concerns about your ability to train safely at the gym, or if you have a medical condition that may affect your safety, we strongly recommend that you consult a doctor before you enter our gym.




Changes to Membership Agreement

We may need to make changes to our Terms (including adjustments to Membership Fees).




If any changes are required, they will not apply retrospectively. Generally, we will endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. 




Updated Terms will be emailed to you at the email address you have advised, and you consent to receive updates at that remail address. At our discretion we may direct you to the update terms by publishing them on our website.




You must always maintain that email address during your membership and updates to the Terms will take effect from the time that an email leaves our system on the condition that it is correctly addressed to the email address we hold for you.




If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 




Except where we are required by law to make the change, if you find a modified term unacceptable you may terminate your Membership Agreement by giving us the standard advance notice, even if you are within your minimum period. 




Limitation of Liability

Your contract is with us and not any of our directors, staff or contractors.  As such, you agree that you may not bring any legal action against our staff, contractors or directors.




If you have any complaint or claim against us, you must bring it strictly within 6 months of the event arising that you are basing your claim on.  If you do not, then you waive the right to bring such a claim.




Definitions

Cooling-Off Period means three (3) days period from the date you activate your Membership Agreement in accordance with clause 5 above. 




Fixed Term Membership means the Adult Memberships (12 months) and Student Memberships (High School 6 months, Tertiary 6 months and 12 months), membership fees to be paid as one lump sum. 

Membership Agreement means the membership agreement between you and us, generated following your completion of the Registration Process. 

Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.

Minimum Term Membership means the Adult Memberships (12 months and 36 months) and Student Memberships (12 months), membership fees to be paid weekly. 

Minor means a person between 15 and 18 years of age.

Privacy Policy means our privacy policy which is available at [insert hyperlink].  

Policies means any policies we introduce from time to time which will be provided to you, and which will be available on our website. 

Registration Process means the registration process completed by us through the Clubware system.

Terms means these terms and conditions, the House Rules and the Policies.

‘we’ or ‘us’ refers to Tony Martins Gym Limited [8438524] or our assigns or successors in title.




Part B

Privacy Policy




These General Terms should be read in conjunction with our Privacy Policy which you can find here [insert hyperlink].




Part C




House Rules

General House Rules




The House Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of the House Rules may result in termination of your Membership Agreement, and you may also be prevented from rejoining at a later date. We are entitled to recover from you compensation for any losses or damages, costs fees and/or expenses suffered or incurred, including legal costs on a solicitor-client basis. 




The House Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




Adhere to all reasonable and lawful instructions, policies and processes issued by us.




Act in good faith and always be courteous to staff and fellow members. 




You will not threaten or harm our staff and fellow members in anyway. Bullying, harassment and discrimination of any kind is not tolerated by us, and any concerns reported will be taken seriously. 




Do not photograph or video anyone in the gym without our express prior consent as well as the express prior consent of the person who may be in the image.




Do not carry out any offensive or illegal activities on our premises. 




Adhere to all health and safety policies and procedures issued by us and updated from time to time. 




Take reasonable care of your own health and safety, and not adversely affect the health and safety of others.




You are responsible for updating the gym staff of any medical conditions you suffer. 




You acknowledge and agree to abide by any other relevant Policies provided by us from time to time.




You declare yourself to be physically sound, mentally capable and not suffering from any condition, impairment, disease or infirmity or other illness that would prevent your access and use of the gym facility or the equipment. If any such condition exists, you are required to notify us before use. 




If you have any medical concerns, you must ensure that emergency services can be called by you on short notice and your continued access to the gym is at your sole risk.




Report any incidents or near misses to our staff to assist us improve our processes and to assist us prevent further incidents.




Do not undertake any activity in which you are not adequately trained if you believe there is risk to yours or anyone else’s health and safety. 




It is prohibited to cause damage to the gym, equipment, the building including but not limited to the floor, ceiling, walls, or fixed assets.




Alcohol and illicit substances are strictly prohibited within the gym and within the grounds, including the carpark and any adjoining area to the gym.




You must always take responsibility for your own belongings. Neither we nor our employees, or contractors are liable for any stolen, lost, or damaged property (unless such theft, loss or damage is caused deliberately or due to gross negligence by us, our employees, or contractors (as applicable)). 




Clean and appropriate workout clothing (as decided upon by us in our sole and absolute discretion) must be always used. Please do not wear anything offensive or intimidating to others. 




Wear appropriate footwear. No open-toe footwear. Bare feet only in classes that allow it. 




Stay away from the gym if you are sick. 




Use a clean towel on all equipment including exercise mats.




Clean the equipment after use with the spray and paper towel provided.




All rules and conditions established by us regarding access and use of the gym facility are to be abided by.




After Hours House Rules

If your membership type allows, you have the privilege of accessing our facilities 24/7. In the best interests of yours and other members’ safety and security you agree to follow these additional After Hours Rules. 




Please be aware that any breaches of After Hours Rules may result in termination of your Membership Agreement and you may also be prevented from rejoining at later date. We may also seek compensation for any costs incurred, including legal costs on a solicitor-client basis. 




The After Hours Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




It is understood and acknowledged that training at our gym facility after hours involves risks of personal injury, damage, death or loss of property.




You are required to complete our safety induction before they can access the gym outside of staffed hours. 




Members that are 15 years old are only allowed access during staffed hours.




The gym may be subject to reduced or no staffing after hours. This means staff may not be able to assist you immediately if you have any issues. You acknowledge and agree that staff may not be able to assist you immediately if you are injured, feel unsafe or require assistance.




You must not deliberately use the emergency lever inappropriately. Please see the General Terms for the consequences if you do.




You acknowledge and agree that there are areas of the gym facility and equipment that may be closed or unavailable to you. Areas will be clearly marked where access is restricted.




In the event of an emergency outside of staffed hours you must:




Call 111 in all events where there is a fire or natural emergency, or serious physical harm to any person (actual or threatened); and




Push the fire alarm if there is a fire or another event that the fire department  responds to; or




Contact our security monitoring service if there is serious physical harm to any person (actual or threatened) or persons looking to break into the gym.




In the event of a natural disaster take precautions as required and advise other members.




In the event of a fault to equipment or damage at the premises, which is not a threat to health or safety, please email reception  info@Tonymartins.co.nz with the issue and with photos if possible. 




Only you (as the key fob holder) may access the premises during unstaffed hours and transferring your key fob to another person (member or non-member) is strictly prohibited, this also includes but not limited to tailgating. Members caught doing this will be subject to having their membership suspended or cancelled and will incur a fee of $150 to get this released.

Member Contract Terms & Conditions

Please take a moment to review our terms and conditions carefully. Your agreement signifies your understanding of the rules and responsibilities involved in becoming a member of Tony Martins Gym.




Your membership will have a minimum term, as specified in the Membership Agreement. After the end of the minimum term, your membership will continue until we or you end it in accordance with these Terms. 




You must pay your Membership Fees (as well as any applicable joining fee and/or administrative fee and/or credit card payment fee) via Debit Success.




You must complete the membership application process in person at the gym.

Fixed Term Membership 

Your membership will continue for a fixed term, as specified in the Membership Agreement. At the end of the fixed term your membership will continue on the then current Terms until you cancel in accordance with the Terms. 




To activate a change to your membership contact us via our email info@tonymartins.co.nz.

Membership Fees (as well as any applicable joining fee and/or administrative fee) must be paid in full on the day you activate your Membership Agreement (in accordance with Activating Your Membership) by cash, EFTPOS or credit card directly to us. 




Registration

You must complete your registration through the in-club registration portal. 




Upon completion of the registration process, you will be provided with your Membership Agreement by email. 




Any personal information that you provide to us will be held and used by us in accordance with our Privacy Policy - https://tonymartins.co.nz/privacy-policy/




We may accept or decline any application for membership as we see fit in our sole and absolute discretion.




Activating Your Membership 

If your application is accepted, your membership starts and is activated when you have completed the following steps;

Completed the Registration Process.

Completed and submitted the DebitSuccess Agreements.

Paid the key fob fee.

Paid the Debit Success administration fee.




Please note, you will need to complete an orientation before you first begin training at the gym. 




You will receive your key fob on your first visit during staffed hours. Key fobs will remain our property and must be returned to us at the end or earlier termination of your membership.  A fee will be charged for lost key fobs.  Currently this is $15 but this may change from time to time in the future.




Members are required to tag in and out on their own key fob when entering the premises even if doors or gates are open, this will be used as a register in the event of a fire or any other emergency. 




Cooling Off




You can cancel your Membership Agreement during your Cooling-Off Period.




If you cancel during the Cooling-Off Period, we will then cancel your Membership Agreement.  No refund will be provided.




Any gift or incentive we have provided you with to join must be returned within this period if you choose to cancel your membership within this period.




Early Cancellation

If you wish to cancel your membership, you must provide written notice at least 3 business days’ prior to this intention. You can request to terminate your membership by emailing us at Membership@tonymartins.co.nz. 




Once you have made your request, we will be in touch with you to finalise the process.




Cancelling a Minimum Term Membership inside the minimum term will incur any fees charged by Debit Success and our maximum cancellation fee of $150 or the proportional fee for the remaining balance of the minimum term, whichever is greater. The early cancellation fee is to be paid directly to us or to Debit Success by cash, EFTPOS or credit card.




Your membership will remain active, and all due payments will continue until the early cancellation fee and/or any amounts owing have been paid in full.




Fixed Term Memberships can be cancelled or transferred (subject to Transfers) but you will not be entitled to a refund of any amounts paid.  




Transfer Fee

Provided that we consent (such consent to be at our absolute discretion), you may transfer your membership and the remaining balance of the Minimum Term Membership or Fixed Term Membership. Any transfer will incur a transfer fee of $39 to be paid by cash, EFTPOS or credit card, directly to us.




Service Fee

Membership will be suspended immediately if the Membership Fee is not received on the due date, every attempt will be made to notify the member regarding any issues with payments. 




You will be subject to pay a $14.95 service fee if a direct debit membership payment is dishonoured by your financial institution. 




This will be debited from your account, and you authorise DebitSuccess to do this.




Outstanding Debts

If you have outstanding debts, DebitSuccess will continue to debit your nominated account without notice, until the total amount you owe is received. We will make reasonable efforts to contact you and discuss this with you beforehand.




If any outstanding debt remains unpaid for seven (7) working days, we may at our discretion cancel your membership or suspend your access.   




You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we may (without limitation) record your payment default with a credit agency and /or use a collection agency for recovery of funds and their costs and expenses incurred in attempting  recovery of the debt is also payable by you. 




This may affect your credit rating.




Voluntary Suspension 




You are entitled to suspend your membership for a maximum of two months in a calendar year. Any extension to the permitted suspension period will require our consent (such consent not to be unreasonably withheld) and any requirements of DebitSuccess.




A suspension request must be received by us at least one (1) week in advance by email to memberships@Tonymartins.co.nz.




Before requesting a suspension, you must make sure your Membership Fees are up to date and there are no outstanding Membership Fees. 

Your membership will automatically re-activate at the end of the agreed suspension period, and you must make sure that you have sufficient funds in your account to meet the next direct debit payment.

During the suspension period, your secure access tag will be de-activated.




For Minimum Term Memberships, the expiry end date will be extended by the suspension period.   




Termination by Us

If at any time we reasonably believe you to be in breach of the Terms, we reserve the right to cancel your membership, effective immediately, by giving you notice in writing.  Term breaches include but is not limited to:




Account arrears of more than 7 days




Breaching any House Rules or Policies




Any exercise of our rights to terminate your Terms is without prejudice to any other rights and remedies available to us under these Terms or at law.




Minors

Any Membership agreements for minors must also be co-signed by a parent or legal guardian.




The parent or legal guardian is responsible for all fees and costs associated with the membership.




The minimum age for membership is 15. 




Children aged 15 may only use the facilities during staffed hours. 




An adult member may bring a child or their children (maximum of two) into the gym who are under the age of 15 years of age strictly on the basis that:




Those children are to be under the sole supervision of that adult member;

The children are not permitted to use any equipment.

The adult member (1) is solely and exclusively responsible for the health and wellbeing of that child or children, (2) releases us from all responsibility and liability in connection with that child or children’s presence within the premises and (3) will promptly and fully indemnify us for all damage, loss or expenses we suffer or incur in connection with any damage to equipment, the premises or other people’s property caused by that child or children.




Access

During the term of your Membership Agreement, you shall be entitled to access to the gym and use of the equipment and attend all classes. 




If the membership type is daytime entry only and not 24/7 you will only be allowed to attend classes and use the gym equipment from 8am to 4pm Monday to Sunday. 




Opening hours and classes are subject to change and or cancellation at our discretion. We will endeavour to notify you of such changes but cannot guarantee that you will be made aware. 




The emergency lever and emergency style bars drop are located at the reception area, this will be shown to members on their induction. This is to be pulled in emergencies only, if it is activated when there are no issues there will be a fee of $150 charged (as well as any other loss or damage incurred because of inappropriate use including costs associated with callouts).




You will pay the full cost charged by the Fire Service in connection with any false fire alarm activation caused by you.




Unplanned Closure

There may be occasions when we are required to close all, or part of the gym and stop the provision of services. In such circumstances, you may be entitled to pause your membership for the period of closure. We will endeavour to advise you in advance of such situations, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum to avoid any disruption.




Safe Workouts and Our Responsibility




It is your responsibility to make sure you work out safely at our gym. 




Before you use any equipment, you must ensure that you are aware of how to use that equipment properly and ask our staff if you have any questions and guidance before using it.  




In using any piece of equipment, you are deemed to have acknowledged that you know how to use it properly, as a result you are solely liable and responsible for any misuse of equipment and release us from and all liability from the use of the equipment by you.




In no event will we be liable for any direct, indirect, or consequential loss or damage of any kind, whether to you or your property. 




If you have concerns about your ability to train safely at the gym, or if you have a medical condition that may affect your safety, we strongly recommend that you consult a doctor before you enter our gym.




Changes to Membership Agreement

We may need to make changes to our Terms (including adjustments to Membership Fees).




If any changes are required, they will not apply retrospectively. Generally, we will endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. 




Updated Terms will be emailed to you at the email address you have advised, and you consent to receive updates at that email address.  At our discretion we may direct you to the update terms by publishing them on our website.




You must always maintain that email address during your membership and updates to the Terms will take effect from the time that an email leaves our system on the condition that it is correctly addressed to the email address we hold for you.




If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 




Except where we are required by law to make the change, if you find a modified term unacceptable you may terminate your Membership Agreement by giving us the standard advance notice, even if you are within your minimum period. If you terminate your membership on this basis, then you must still pay to us a termination fee being the greater amount of $150 and the outstanding contractual obligation 




Limitation of Liability

Your contract is with us and not any of our directors, staff or contractors.  As such, you agree that you may not bring any legal action against our staff, contractors or directors.




If you have any complaint or claim against us, you must bring it strictly within 6 months of the event arising that you are basing your claim on.  If you do not, then you waive the right to bring such a claim.




Definitions

Cooling-Off Period means three (3) days period from the date you activate your Membership Agreement in accordance with clause 5 above. 




DebitSuccess means DebitSuccess Limited. 

DebitSuccess Agreements means the Direct Debit Services Agreement and the Direct Debit Mandate. 

Direct Debit Mandate means the authority completed by you authorising DebitSuccess to take payment from your bank account.

Direct Debit Services Agreements means the Direct Debit Services Agreement issued to you by DebitSuccess authorising DebitSuccess to take payments from your bank account.

Fixed Term Membership means the Adult Memberships (12 months) and Student Memberships (High School 6 months, Tertiary 6 months and 12 months), membership fees to be paid as one lump sum. 

House Rules means the General House Rules and/or the After Hours House Rules.

Membership Agreement means the membership agreement between you and us, generated following your completion of the Registration Process. 

Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.

Minimum Term Membership means the Adult Memberships (12 months and 24 months) and Student Memberships (12 months and 24 months), membership fees to be paid weekly. 

Minor means a person between 15 and 18 years of age.

Privacy Policy means our privacy policy which is available at [insert hyperlink].  

Policies means any policies we introduce from time to time which will be available on our website. 

Registration Process means the registration process completed by you through the in-club registration portal.

Terms means these terms and conditions, the House Rules and the Policies.

‘we’ or ‘us’ refers to Tony Martins Gym Limited [8438524] or our assigns or successors in title.




Part B 

Privacy Policy




These General Terms should be read in conjunction with our Privacy Policy which you can find here [insert hyperlink].




Part C




House Rules

General House Rules




The House Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of the House Rules may result in termination of your Membership Agreement, and you may also be prevented from rejoining at a later date. We are entitled to recover from you compensation for any losses or damages, costs fees and/or expenses suffered or incurred, including legal costs on a solicitor-client basis. 




The House Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




Adhere to all reasonable and lawful instructions, policies and processes issued by us.




Act in good faith and always be courteous to staff and fellow members. 




You will not threaten or harm our staff and fellow members in anyway. Bullying, harassment and discrimination of any kind is not tolerated by us, and any concerns reported will be taken seriously. 




Do not photograph or video anyone in the gym without our express prior consent as well as the express prior consent of the person who may be in the image.




Do not carry out any offensive or illegal activities on our premises. 




Adhere to all health and safety policies and procedures issued by us and updated from time to time. 




Take reasonable care of your own health and safety, and not adversely affect the health and safety of others.




You are responsible for updating the gym staff of any medical conditions you suffer. 




You acknowledge and agree to abide by any other relevant Policies provided by us from time to time.




You declare yourself to be physically sound, mentally capable and not suffering from any condition, impairment, disease or infirmity or other illness that would prevent your access and use of the gym facility or the equipment. If any such condition exists, you are required to notify us before use. 




If you have any medical concerns, you must ensure that emergency services can be called by you on short notice and your continued access to the gym is at your sole risk. 




Report any incidents or near misses to our staff to assist us improve our processes and to assist us prevent further incidents.




Do not undertake any activity in which you are not adequately trained if you believe there is risk to yours or anyone else’s health and safety. 




It is prohibited to cause damage to the gym, equipment, the building including but not limited to the floor, ceiling, walls, or fixed assets.




Alcohol and illicit substances are strictly prohibited within the gym and within the grounds, including the carpark and any adjoining area to the gym.




You must always take responsibility for your own belongings. Neither we nor our employees, or contractors are liable for any stolen, lost, or damaged property (unless such theft, loss or damage is caused deliberately or due to gross negligence by us, our employees, or contractors (as applicable)). 




Clean and appropriate workout clothing (as decided upon by us in our sole and absolute discretion) must be always used. Please do not wear anything offensive or intimidating to others. 




Wear appropriate footwear. No open-toe footwear. Bare feet only in classes that allow it. 




Stay away from the gym if you are sick. 




Use a clean towel on all equipment including exercise mats.




Clean the equipment after use with the spray and paper towel provided.




All rules and conditions established by us regarding access and use of the gym facility are to be abided by.




After Hours House Rules

If your membership type allows, you have the privilege of accessing our facilities 24/7. In the best interests of yours and other members’ safety and security you agree to follow these additional After Hours Rules. 




Please be aware that any breaches of After Hours Rules may result in termination of your Membership Agreement and you may also be prevented from rejoining at later date. We may also seek compensation for any costs incurred, including legal costs on a solicitor-client basis. 




The After Hours Rules may be updated from time to time. Please make sure that you familiarise yourself with them. 




It is understood and acknowledged that training at our gym facility after hours involves risks of personal injury, damage, death or loss of property.




You are required to complete our safety induction before they can access the gym outside of staffed hours. 




Members that are 15 years old are only allowed access during staffed hours.




The gym may be subject to reduced or no staffing after hours. This means staff may not be able to assist you immediately if you have any issues. You acknowledge and agree that staff may not be able to assist you immediately if you are injured, feel unsafe or require assistance.




You must not deliberately use the emergency lever inappropriately. Please see the General Terms for the consequences if you do. 




You acknowledge and agree that there are areas of the gym facility and equipment that may be closed or unavailable to you. Areas will be clearly marked where access is restricted.




In the event of an emergency outside of staffed hours you must:




Call 111 in all events where there is a fire or natural emergency, or serious physical harm to any person (actual or threatened); and




Push the fire alarm if there is a fire or another event that the fire department  responds to; or




Contact our security monitoring service if there is serious physical harm to any person (actual or threatened) or persons looking to break into the gym.




In the event of a natural disaster take precautions as required and advise other members.




In the event of a fault to equipment or damage at the premises, which is not a threat to health or safety, please email reception info@Tonymartins.co.nz  with the issue and with photos if possible. 




Only you (as the key fob holder) may access the premises during unstaffed hours and transferring your key fob to another person (member or non-member) is strictly prohibited, this also includes but not limited to tailgating. Members caught doing this will be subject to having their membership suspended or cancelled and will incur a fee of $150 to get this released.




You will be required to pay ongoing Debit Success costs.