TERMS AND CONDITIONS OF "Pumping Iron Gym" MEMBERSHIP AGREEMENT
1. PARTIES TO AGREEMENT
The "Facility" means the organization providing the service for which the Member is paying. The "Member" means the person or party signing this agreement. " Pumping Iron Gym " is Pumping Iron Gym Limited, All communication relating to this Agreement is to be sent directly to " Pumping Iron Gym ".
2. PAYMENTS
The Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 3.
3. TERMINATION OF MEMBERSHIP
The Member may terminate this Agreement by giving 30 days written notice if all the instalments and fees due up to the date of termination are paid. This Agreement shall continue indefinitely until such time as the member requests in writing to " Pumping Iron Gym ", you can email your termination request to info@pumpingiron.co.nz after all instalments and fees due up to the date of termination have been paid, for it to terminate. The Member shall not consider that this membership has been terminated until such time as this is confirmed in writing to the Member by " Pumping Iron Gym ".
4. REFUNDS
Refunds will only be given as time in lieu where overpayment is made.
5. LATE PAYMENT FEE
A late payment fee of $15.00 is payable by the Member to " Pumping Iron Gym " for each missed payment in accordance with the terms and conditions of this Agreement.
6. ADMINISTRATION FEE
A one-off loading fee of $15 is payable to " Pumping Iron Gym " by the Member on signing of this Agreement.
7. PRIVACY
The Member acknowledges that personal information collected by or held by the Facility may be used by third parties approved by the Facility to make offers to the Member. If you prefer not to receive these third party offers please send your name and address with the appropriate direction to " Pumping Iron Gym ". The Member also authorises the Facility to contact the Member for any purpose. The Member has the right under the Privacy Act 1993 to obtain access to and to request correction to any personal information concerning the member held by the Facility.
8. LIABILITY
To the extent permitted by law, the Facility shall not be liable or responsible to the Member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatsoever and howsoever arising. Nothing in this clause is intended to have the effect of Contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by that Act.
9. CREDIT/DEBT REPORTING AGENCIES
The Member authorises "Pumping Iron Gym" to notify any debt collection/credit reporting agency upon default by the Member in regard to any obligation under this Agreement. Should this occur the full outstanding balance including any current arrears shall be immediately due in full. The Member agrees to pay any and all costs incurred as a result of debt collection. " Pumping Iron Gym " will add a fee of $50.00 to the outstanding debt should the Member be referred for debt collection.
10. ENTITLEMENT
The Member acknowledges that provision of services provided by the Facility may change and for the purposes of this Agreement is based on "entitlement" to use and not on actual use. The Member agrees to be bound by the rules and conditions of the Facility. The Facility may terminate entitlement of use of the Facility by any member if the Member fails to comply with the rules of conduct of the Facility or fails to make payment of any fee on the due date.
11. PROVISION OF SERVICES
Change of location or ownership or the name of the Facility does not absolve the Member of his/her responsibilities under this Agreement.
12. INCREASE IN FEES
The Facility may at any time upon sending written notice to the Member's last known address, increase the instalment amount, such increase to take effect immediately.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between the Member, the Facility relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
14. RULES OF CONDUCT
CCTV FOOTAGE OPERATES IN THIS FACILITY 24 HOURS A DAY
365 DAYS A YEAR AND IS USED TO IDENTIFY RULE BREACHES.
ANY MEMBER GIVING ACCESS TO A NON-MEMBER, EXPIRED
MEMBER OR MEMBER WHO FORGETS TO BRING THEIR CARD
WILL AUTOMATICALLY BE CHARGED A SECURITY VIOLATION
FEE AND/OR WILL FORFEIT THEIR MEMBERSHIP WITH BALANCE
DUE AND PAYABLE IMMEDIATELY.
ACCESS RESTRICTION WILL APPLY TO YOUR CARD UNTIL VIOLATION FEE(S) ARE PAID
IN FULL.
* ALWAYS USE COLLARS ON ALL BARS AND LEAVE COLLARS WITH BARS
* PUT WEIGHTS AWAY IN THEIR CORRECT PLACES - DO NOT MIX UP DIFFERENT PLATES ON SAME
STORAGE PINS
* DUMBBELLS GO BACK ON THE CORRECT RACK IN ORDER OF WEIGHT INCREASE
(not where you see a gap!)
* DO NOT REST DUMBBELLS OR BARS ON ANY BENCHES - PLACE ON FLOOR BETWEEN SETS
* UNLOAD MACHINES IMMEDIATELY AFTER USE OF THAT MACHINE
* DO NOT REMOVE EQUIPMENT FROM THE ROOM IT IS LOCATED
* DO NOT DROP DUMBBELLS OR METAL WEIGHTS - CONTROL YOUR DUMBBELLS ALWAYS!