TERMS OF SERVICE.

1. ALLFIT
   1. ALLFIT is owned and managed by ALLFIT Ltd. Registered address: 12/42 Kouka Road, Beachlands, Auckland, 2018.
2. MEMBERSHIP PERIOD
   1. You agree to join ALLFIT for the Minimum Term specified on your Membership Agreement. For the whole of that Minimum Term, you will pay all annual or monthly membership fees irrespective of actual usage of ALLFIT facilities.
   2. This Membership Agreement starts on the date specified in your Membership Agreement, once you have accepted the terms during the online joining process. By accepting the terms you are agreeing to pay any applicable Joining Fee and annual or monthly membership amounts. These are shown at the start of the joining process and also before you confirm your payment instruction.
   3. You may choose during the online joining process to start your membership either immediately or up to one month from the date that you accept the terms.
   4. You are entitled to access and use the ALLFIT premises, facilities, equipment and services for the full duration of the membership provided you continue to pay your monthly direct debit membership fees. It does not however cover food or drink or the cost of 1U classes or personal training services.
3. ACCEPTANCE OF MEMBERSHIP
   1. The decision to accept the application of a potential member shall be at the sole discretion of ALLFIT. ALLFIT reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to ALLFIT. If the membership application is accepted by ALLFIT, membership of ALLFIT by the applicant shall commence as stated on the Membership Agreement. Upon acceptance of the member by ALLFIT, a membership access card shall be issued by ALLFIT. The membership access card entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
   2. The acceptance of an application for membership of ALLFIT shall constitute a legally binding agreement between the member and ALLFIT. The member hereby agrees also to be bound by the Club Rules, a copy of which can be provided by asking at Reception or via www.allfit.co.nz/club-rules/.
   3. Membership access cards are issued to all current members and must be used at the Reception gate at all times to gain membership rights every time a visit is made to ALLFIT.
4. PHYSICAL HEALTH OF MEMBER
   1. It is a condition of membership with ALLFIT that each member completes a Health Questionnaire prior to the completion of the sign up process at the club as part of their Gym Induction. You will not be permitted to use ALLFIT’s facilities until you have completed the Health Questionnaire.
   2. ALLFIT reserves the right to restrict, suspend or terminate your membership if ALLFIT is of the reasonable opinion that you are unfit to utilise ALLFIT on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide ALLFIT with a medical certificate confirming that you are fit to train.
   3. By completing the questionnaire, the member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition. The member acknowledges that they understand that they are responsible for their own well-being and safety during the unmanned hours and in the event of an emergency they will use the emergency help phone numbers to contact the out of hours’ staff member and/or emergency services.A Gym Induction is available free as part of the membership for all new members, the member has the choice to opt out of the induction at their own risk. In the event the member does not organise and attend an induction with the club, this will be deemed to be their confirmation that they have opted out of having an induction and are fully confident about using the equipment safely and as the manufacturer designed the equipment for. In the event that a member opts out of a gym induction they agree that they have done so following reading and agreeing to the following Induction Waiver:Induction Waiver: It is formally noted that you have opted out of our Gym Induction training and will undertake to consult staff on an ongoing basis in manned hours in relation to the safe use of our facilities and equipment and that you accept responsibility for your own wellbeing during unmanned hours. ALLFIT recognises the importance of every new member undergoing our Gym Induction training. This is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. We strongly recommend each new member to undergo our Gym Induction training. It is hereby noted that notwithstanding our clear advice, you are a confident and experienced gym user and have made an informed decision not to undertake our Gym Induction training. In these circumstances ALLFIT will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.
5. COOLING OFF PERIOD
   1. All new memberships are subject to a cooling off period of 5 days.
   2. A request for termination of membership during the cooling off period must be made by Written Notice and will be deemed as received on the date that is was received by ALLFIT. ALLFIT will provide Written Notice of confirmation within 1 business day. In the event that you do not receive written confirmation from ALLFIT within the required response time, it will be deemed that your Written Notice was not received and it is your responsibility to contact ALLFIT directly.
   3. If you cancel within this time, then unless you have paid for them you must return any goods that you have received, and must pay for services provided to you, including any gym usage and personal training sessions you have received, and we will refund any credit balance to you.
6. MINIMUM AGE
   1. All members of ALLFIT must be a minimum of 14 years of age. All Minors must have a parent or guardian co-sign this Agreement at ALLFIT to confirm the acceptance of the Terms & Conditions of membership on behalf of the Minor.
   2. Minors aged 14 years of age must comply with the following restrictions:
      (a) Access to ALLFIT can only be during Staffed Hours;
      (b) A pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
      (c) A Gym Induction with our Fitness Consultant must be completed and then provide an exercise program for the Minor prior to the commencement of exercise.
   3. Minors aged between 15-17 years of age must comply with the following restrictions:
      (a) A pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
      (b) A Gym Induction with our Fitness Consultant must be completed and then provide an exercise program for the Minor prior to the commencement of exercise.
7. MEMBERSHIP CHARGES & PAYMENT OPTIONS
   1. Members may elect to pay their membership fees in monthly instalments (Direct Debit) or in full.
   2. You agree to pay:
      (a) The joining fee, any transfer fee, the membership type and the associated lump-sum or monthly direct debit membership fees, minimum payment term and payment dates are set out in the Membership Agreement on the application form on accepting the terms during the online joining process (the Minimum Term is the first period of membership). A Joining fee covers introductory services provided to you including your 24/7 access card, a gym induction which assesses your training needs, an initial training programme, and health and safety requirements;
      (b) A payment in advance covering all Regular Payments which fall due before your direct debit will be activated on a standard payment date;
      (c) Further Regular Payments, to be made in advance by direct debit to us from your designated account beginning on the date specified in the Membership Agreement. You agree to notify us and update your billing details online through our members portal ‘My ALLFIT’ if you change your account.
   3. ALLFIT reserves the right to increase Membership fees on a yearly basis once the Minimum Term is completed.
   4. A member will be charged a $25.00 fee if their Access Card is damaged or lost and requires replacement.
   5. A member will be charged a $10.00 Dishonour Fee in the event that a monthly direct debit payment is dishonoured by their financial institution.
   6. Additional fees, being bank charges or administrative charges incurred by the Direct Debit provider Ezidebit will apply for any overdue or late payments.
   7. ALLFIT will not be liable for any additional fees, being bank charges or administrative charges incurred by the member from the members’ financial institution in the event that a monthly direct debit payment is dishonoured.
   8. If you fall behind with your membership fees and this is not caused by a bank error, we may choose to suspend or cancel your membership and may result in a debt collection agency being engaged to recover any outstanding payments owed, plus any additional fees at your expense.
8. CLUB RULES
   1. You agree to comply with the Club Rules which are available at www.allfit.co.nz/club-rules/. If you carry out any activity which we consider is offensive or a danger to you or any other person, we reserve the right to require you to leave the club immediately.
9. MONITORING
   1. ALLFIT is monitored by cameras 24hr per day for your safety, the safety of the club and its members. Please be aware of your surroundings and exercise caution when working out during unmanned hours. Please be aware that video records will be kept for up to 30 days and may be viewed by management and/or emergency personal or police in the case of emergency or misdemeanour.
   2. Your personal details will be held securely in accordance with the Privacy Act 1994.
10. TAIL-GATING AND ALLOWING ACCESS TO NON-MEMBERS
    1. The ALLFIT membership access card may only be used by the registered member of ALLFIT. No member is permitted to bring a non-member into ALLFIT outside of staffed hours.
    2. In the event that a member brings a non-member into the club during staffed hours to utilise a complimentary free guest pass, the member must advise the ALLFIT staff immediately upon entering the club. The non-member will be required to complete a temporary Membership Agreement and will be subject to the terms and conditions of the Agreement. The non-member must also work out with the member they arrived with during staffed hours and will be requested to leave in the event that the non-member is still in the club on completion of these hours.
    3. If a member breaches clause 10.1 of this Agreement, the member acknowledges that:
       (a)they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member;
       (b)the act of bringing a non-member into ALLFIT constitutes automatic breach of our club rules and will result in an instant fine of $150. In addition, your gym membership will be suspended until the fine has been paid
       (c)You will be notified and failure to pay your fine within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense.
       (d)ALLFIT reserves the right to terminate the membership of the member who brings a non-member into the club with no refund being made by ALLFIT.
    4. Allowing another person, especially non-members into the gym poses a safety risk to you, other members, the person themselves and the club, and as such we will take all measures to enforce this rule.
11. LOANING YOUR ACCESS CARD 
    1. Loaning your Access Card to another person is strictly forbidden. Doing so will result in $150 fine. In addition, your gym membership will be suspended until the fine has been paid.
    2. You will be notified and failure to pay your fine within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense.
    3. ALLFIT reserves the right to terminate the membership of the member who loans their Access Card to another person with no refund being made by ALLFIT.
    4. Allowing another person, especially non-members into the gym poses a safety risk to you, other members, the person themselves and the club, and as such we will take all measures to enforce this rule.
12. PANIC BUTTONS
    1. For your safety we have installed several fixed panic buttons in the gym and changing rooms. In addition, we have provided 2 wireless panic buttons. You may take one wireless panic button while you work out at the club. Buttons must only be pushed in times of emergency. If you or another member need emergency attention (not being able to find your towel…is not an emergency) please press the button to call security. A security guard will attend when a panic button is pushed.
    2. Pressing panic buttons by accident, as a ‘joke’ or due to malicious intent in times when no emergency is occurring will result in $150 fine plus any and all security call-out fees. In addition, your gym membership will be suspended until the fine and call out fees have been paid.
    3. You will be notified and failure to pay your fine and the security guard call out fee within 30 days of notification and/or failure to pay any other membership or program fees due will result in a debt collection agency being engaged to recover the costs at your expense
13. WHEN TO USE PANIC BUTTONS
    1. Situations Where Use of Panic Buttons is Acceptable
       (a) Severe accident or injury requiring medical attention to yourself or another member (please remain in the building until help arrives)
       (b) A fire (please leave the building, but remain on site until help arrives)
       (c) The presence of a malicious or threatening intruder inside the building (in addition please use your cell phone to call police if you believe you are being threatened
       (d) The presence of a threatening person in the car park or nearby (please remain in the building until help arrives)
    2. Situations Where Use of Panic Buttons is Not Acceptable
       (a) Any use of the button other than those described above
       (b) As a joke
       (c) Through malicious action intended to waste time or resources.
14. CLASS BOOKINGS AND CANCELLATIONS
    1. You must be physically present 5 minutes prior to the start of your scheduled class or your spot may be given to a waitlisted member.
    2. We currently do not have a cancellation policy in place, however, we would appreciate it if you could notify us prior to the class, but you will not be penalized if you can not make the class.  If however, a booked member repeatedly does not turn up to classes when there has been a waitlist, we reserve the right to put restrictions on their membership for classes.
    3. You can cancel a class online through your My ALLFIT Members Portal.  If you don’t cancel your bookings online, please call or email the gym during our staffed hours to cancel.
    4. Unfortunately due to the disruption it causes others, we are not able to allow entry after the start of a class.
15. CLASS TIMETABLE
    1. Information in relation to the class timetable is available from ALLFIT upon request. Classes times may be lengthened or shortened at the absolute discretion of ALLFIT with or without any prior notice being given to members. ALLFIT shall endeavour to give customers reasonable notice of change to classes times.
    2. The number of classes per week may be lengthened or shortened at the absolute discretion of ALLFIT with or without any prior notice being given to members.
16. ONLINE ACCOUNT
    1. In order to access some features of the ALLFIT website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
17. PERSONAL BELONGINGS
    1. You agree that ALLFIT is in no way responsible for the safekeeping of your personal belongings while you are present in the gym or class studio. You assume all risk of loss for any of your personal belongings.
18. FOUNDATION MEMBERSHIP
    1. Members who duly complete and sign this online Agreement prior to the Club opening date are defined as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges are effective on the date ALLFIT advises the member by written notice. ALLFIT reserves the right to terminate a Foundation Member’s privileges in the event of the following:
       (a) An Advanced or 12 month Contract Membership is not renewed prior to its expiry date;
       (b) An Advanced or 12 month Contract Membership is transferred to a non-member; or
       (c) A 12 month Contract Membership payment is in arrears; or
       (d) Any Membership is cancelled or terminated; or
       (e) A member’s conduct is improper, harmful or illegal and contrary to the best interest of ALLFIT and/or its members.
19. PLACING A HOLD ON YOUR MEMBERSHIP
    1. If you need to take a temporary break for any reason you can put a freeze on your membership for a minimum period of 2 weeks and a maximum of 3 months per membership year by paying the maximum fee of $5 per week. If you hold your membership within your Minimum Term, these ‘hold weeks’ do not count towards your minimum term contract length.
    2. As a member, you are entitled to activate a Membership Hold at any time by providing written notice to ALLFIT.
    3. Your written notice hold request must be submitted a minimum of 5 business days prior to the date that it is to start. Having submitted your membership hold request an email confirming the details will be sent to you from ALLFIT.
    4. You are responsible to ensure that sufficient funds are in your account for membership fees to be debited once the membership hold period is completed. No further advice will be sent by ALLFIT.
    5. You will have no access to ALLFIT during the period that your membership is on hold.
    6. If you need to cancel the membership hold you must advise ALLFIT by written notice or simply swipe into ALLFIT using your Access Card for the membership hold to be cancelled and your Access Card to be re-activated. You will be liable for the payment of any Membership Fees effective from the date the membership hold is cancelled.
20. TRANSFERRING YOUR ’12 MONTH’ CONTRACT MEMBERSHIP
    1. You may transfer your membership to any other person after you have been a member for at least 3 months.
    2. As long as your payments are up to date you may apply to transfer your membership to a nominated person after 3 months of membership by notifying us in writing and the nominated person paying a Transfer Fee of $70.
    3. The nominated person must complete a Membership Application Form and relevant Direct Debit authority form for a membership with at least the same conditions as this contract (including the same Minimum Term but excluding this transfer clause). Providing that the nominated person complies with our usual membership criteria and we approve of the transfer, we will release you from this contract. Until then, you will remain liable for all Regular Payment Fees (including any increases under this contract) even if only the nominated person is able to use the facilities.
    4. A membership can be transferred only once. If you are the nominated person to whom this membership has been transferred, you will not have the right to transfer that membership.
21. TERMINATION OF YOUR MEMBERSHIP
    1. By you:
       (a)Termination after Minimum Term: Your membership will automatically continue at the end of the Minimum Term unless you give us 1 month’s notice to end it. (You can give 1 month’s notice to end your contract on the last day of the Minimum Term.) If your contract rolls over after the Minimum Term, you can end your membership by giving us 1 month’s notice. You must pay your full membership rate during your notice period. You do not have to pay us any termination fee if you terminate after the end of the Minimum Term.
       (b)Termination during your Minimum Term: You can cancel at any time by giving us 1 month’s notice, plus you must pay to the Club (in one lump sum) an Early Termination Fee of $250 or the amount that you would have paid for the remainder of the Minimum Term had you not terminated this agreement, whichever is the lesser amount. The Early Termination Fee applies because we have priced your membership on the basis that you will not terminate your membership prior to the end of your agreed Minimum Term.
       We understand that life doesn’t always go to plan, so you can cancel your membership without paying the Early Termination Fee, and after the 1 month’s notice period, if you are injured, sick long-term, or pregnant. A medical certificate will be required as proof before we can terminate the membership.

       (c) How to terminate:  You can ask to cancel your membership, giving us at least 10 days’ notice prior to your next Direct Debit due date, by providing your membership details by emailing us. We will send you a confirmation once we have processed your cancellation. It is your responsibility to ensure you receive this confirmation and ALLFIT will not be held responsible if this confirmation is not received.  Please tell us if you do not receive this.  No refunds will be given if you fail to provide the 10 days’ notice required before your next billing date and you are billed for more than the 1 month notice period.

    2. By ALLFIT:  At any time, we can terminate your membership immediately by giving you notice in writing if you breach any important term of this contract, including:
       1. failing to pay any fee on the due date:
       2. breaching any Club Rules;
       3. allowing a non-member to access ALLFIT during unstaffed hours;
       4. carrying out any illegal, offensive or unsafe activity on Club premises.If we do terminate your membership under this clause because of your serious breach of this contract, we are still entitled to recover our costs and losses under this contract.
          If you fail to fulfil your contract for whatever reason, ALLFIT reserves the right to collect payment for money owed for any promotional discounts you have received as any promotional discounts will become invalid.
22. LIMITATION OF LIABILITY
    1. The member acknowledges that ALLFIT’s obligations and liabilities in respect of ALLFIT are defined in this agreement and/ or within the Regulations Applicable to all members.
    2. The member is responsible for the consequences of any use of any of the facilities of ALLFIT. ALLFIT will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
23.  CLUB FACILITIES
    1. ALLFIT reserves the right to make reasonable alterations to the type of facilities provided without notice and ALLFIT shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works. On occasions when necessary maintenance is required, ALLFIT, or parts thereof, may be closed. No refunds would be given as a result of closure.
    2. ALLFIT reserves the right to change or remove any of the facilities at ALLFIT. In such an event notice will be given.
24.  HOURS OF OPENING
    1. Information in relation to ALLFIT’s normal hours of operation (24hr) and the manned hours of the facilities are available from ALLFIT upon request. Such hours may be lengthened or shortened at the absolute discretion of ALLFIT with or without any prior notice being given to members. ALLFIT shall endeavour to give members reasonable notice of change to such hours.

ALLFIT Ltd.