TERMS & CONDITIONS
(last updated 02/03/2019)
THIS POLICY IS INTENDED TO MEET THE REQUIREMENTS OF ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE AND APPLIES TO THE PROVISION OF GOODS AND SERVICES TO THE PUBLIC OR OTHER THIRD PARTIES, NOT TO THE GOODS THEMSELVES.
Hamilton Health & Fitness Limited ("Ringside Health & Fitness Gym") will strive to provide services in a manner consistent with the principles of dignity, independence, integration and equal opportunity.
THE PROVISION OF GOODS AND SERVICES TO PERSONS WITH DISABILITIES
Ringside Health & Fitness Gym will make every reasonable effort to ensure that its policies, practices and procedures are consistent with the principles of dignity, independence, integration and equal opportunity by:
Ensuring that all Members receive the same value and quality;
Allowing Members with disabilities to do things in their own ways, at their own pace when accessing goods and services as long as this does not present a safety risk;
Using alternative methods when possible to ensure that Members with disabilities have access to the same services, in the same place and in a similar manner;
Taking into account individual needs when providing goods and services; and
Communicating in a manner that takes into account the Member's disability.
Persons with disabilities may use their own assistive devices as required when accessing goods or services provided by Ringside Health & Fitness. The provision, use and safety of personal assistive devices are the responsibility of the person with a disability.
In cases where the assistive device presents a safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure that Members are able to access our services.
GUIDE DOGS, SERVICE ANIMALS AND SERVICE DOGS
Member with a disability that is accompanied by guide dog, service animal or service dog will be allowed access to Ringside Health & Fitness premises that are open to the public unless otherwise excluded by law. "No pet" policies do not apply to guide dogs, service animals and/or service dogs.
If a guide dog, service animal or service dog is excluded by law (see applicable laws below) Ringside Health & Fitness will offer alternative methods to enable the person with a disability to access goods and services, when possible (for example, securing the animal in a safe location and offering the guidance of the Staff).
There may be rare circumstances where, for reasons of health and safety of another person, allowing a person with a disability to enter a premises accompanied by a service animal needs to be considered. An example of such a situation may include where a person is allergic to animals and adversely affected if they are in close proximity to a service animal. If deemed necessary, a risk assessment will be conducted by Ringside's Staff. The risk assessment will include identifying the risks inherent with the service animal being in the area of concern and identify alternate measures available to enable the person with a disability to access Ringside's services.
CARE AND CONTROL OF THE ANIMAL:
The Member that is accompanied by a guide dog, service dog and/or service animal is responsible for maintaining care and control of the animal at all time. The safety and clean up of the service animal is also the responsibility of the person with a disability.
If a Member with a disability is accompanied by a support person, Ringside will ensure that both persons are allowed to enter the premises together and that the Member is not prevented from having access to the support person.
Support persons will be required to sign the Guest Sign-in Sheet which includes a liability waiver. In addition, support persons are permitted to enter Ringside for the purposes of providing assistance to Members with a disability only. They are not permitted to provide services that otherwise could be provided by Ringside Staff, for example Personal Training services.
There may be rare circumstances where, for reasons of health and safety, Ringside may require a person with a disability to be accompanied by a support person when accessing services at Ringside's premises. For example, a Member with a brain injury or mental disorder may be prone to confusion, outbursts or agitation that are best handled by individuals who are properly trained or familiar with the person with a disability.
Where it is necessary to discuss confidential information with a Member, the Member's consent will be obtained prior to discussing such information with the support worker present.
Support persons will not be required to pay any guest fees to enter our locations when they are attending exclusively to provide support to a Member with a disability. The support person will however be required to fill out any applicable Guest liability waiver.
NOTICE OF DISRUPTIONS IN SERVICE
Service disruptions may occur due to reasons that may or may not be within the control or knowledge of Ringside Health & Fitness. In the event of any temporary disruptions to facilities or services that Member's with disabilities rely on to access or use Ringside's goods or services, reasonable efforts will be made to provide advance notice. In some circumstances such as in the situation of unplanned temporary disruptions, advance notice may not be possible.
Notifications will include:
In the event that a notification needs to be posted the following information will be included unless it is not readily available or known:
Goods or services that are disrupted or unavailable;
Reason for the disruption;
Anticipated duration; and
A description of any alternative services or options.
When disruptions occur Ringside Health & Fitness will provide notice by:
Posting notices in conspicuous places including at the point of disruption, at the main entrance and the nearest accessible entrance to the service disruption;
Contacting Members with appointments, whenever possible;
Verbally notifying Members when they are making appointments, whenever possible;
Posting information through various social media outlets: Ringside website, as well as Facebook accounts;
Any other methods that we may determine are reasonable in the circumstances.
Ringside Health & Fitness will provide Members with the opportunity to give feedback on our delivery of services to Members with disabilities. Information about the feedback process will be readily available in all of our facilities, or by contacting a club by telephone. Feedback forms along with alternate methods of providing feedback such as verbally (in person or by telephone) or written (hand written, delivered, website or email), will be available upon request.
Members can submit feedback to:
Any staff within the gym,
Via mail to 16 Bandon Street, Frankton, Hamilton, 3204
By email to email@example.com
By visiting our website, specifically: http://www.ringsidegym.co.nz/contact
Members that provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.
Where possible, feedback will be addressed immediately. Some feedback may, however, require more effort to address and may need to be reviewed before an action is taken. Ringside Health & Fitness will respond as soon as possible in such circumstances.
PROCEDURE / PROCESS:
If you have questions or concerns about the above policy or its related procedures please contact:
CONDITIONS OF MEMBERSHIP
Commonly used terms: Commonly used terms are explained at
the end of these conditions of membership.
1. Facilities: We agree to make the fitness and health facilities
at the local Club identified in the membership form available
to you. These facilities are
available to you throughout the term of this agreement for
so long as we shall operate them, except where the Club is
unable to make the facilities available as a consequence of
any circumstance (including a significant disruption) beyond
the reasonable control of the Club.
2. Under 18 access: If you are under 18 years of age your
access to the Club is strictly limited to use during those hours
in which the Club is staffed (which may vary by Club
4. Rules and conduct: You agree to abide by all rules posted in
and around the Club or otherwise notified to you which
relate to use of equipment, health and safety (including
hygiene), parking and the day to day operation of the Club
and surrounding areas (Rules). In using the Club, you
(a) to make sure you know how to exercise safely, and if
you are not sure, that you ask for our assistance;
(b) to exercise in a way that is safe to you and others
using the Club; and
(c) to act in a considerate and respectful manner
towards the Club's staff and other members of the
If we find you conducting yourself in a way that jeopardizes
the health and safety of you or others in the Club, or you
breach any of the Rules (or other requirements in this clause
4) and that breach has a detrimental effect on the Club or
any of its staff or other members (for example, you act in an
offensive or disrespectful manner towards a staff member
or persistently interfere with other members enjoyment of
the facilities), we may (acting in good faith) expel you from
the Club and/or terminate your membership in accordance
with clause 18.
5. Health and other risks: Our staff and contractors are not
medically trained and cannot assess whether you can
exercise without risking your health, safety or comfort. You
(a) notify us in writing if you have any risk injury, illness,
disability or other condition that means you
shouldn't be using the Club's facilities, and this
includes any infections, or contagious illness; and
(b) not use the Club's facilities if you suffer from any
injury, illness, disability or other condition which
might cause additional injury or exacerbate your
condition or pose a health risk to staff or others in
You specifically acknowledge that it would be prudent for
you to undertake a medical examination prior to joining to
avoid inadvertent injuries or pressure on your body, but we
leave this entirely at your discretion to do so.
6. Term: The term of your membership will commence on the
commencement date set out in your membership form and
will continue until terminated in accordance with this
agreement. Without taking away any termination rights in
this agreement, your membership will automatically
continue on past expiry of any Minimum Term unless you
give us notice in writing prior to the end of your Minimum
Term that you want the terms to end on expiry of the
Minimum Term. Where you do give us such a notice, you
will no longer be able to access the Club after the date it
comes to an end and, if you wish to access the Club again,
you will need to sign up for a new membership (to which
another minimum term and upfront fees may apply)
7. Termination: Either party may terminate this agreement
without reason by giving the other at least 4 weeks written
notice of termination to the other (and, in the case of
termination by you, on the prescribed form available from
the Club. Where a Minimum Term applies and you
terminate during the Minimum Term under this clause 7 an
Early Termination Fee may apply (see clause 8). This right of
termination is in addition to any other rights of termination
you may have in this agreement (see clauses 16, 17 and 18).
8. Early Termination Fee: If you have agreed to a Minimum
Term and you terminate this agreement prior to the end of
that Minimum Term under clause 7 or we terminate this
agreement due to your default (see clause 18), you must
pay to the Club (in one lump sum), liquidated damages (in
the form of an early termination fee) equal to amount being
the lesser of:
(a) an amount determined in accordance with the
"early cancellation and default fee table" provided
to you together with this agreement and
otherwise available on our website at
www.ringsidegym.co.nz/terms-conditions with such liquidated
damages being based on a number of factors such
as the number of months between the date of
termination and the end of the Minimum Term
and the type of membership; and
(b) amount that you would have paid for the
remainder of the Minimum Term had you not
terminated this agreement,
(the Early Termination Fee). 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.
9. Administration and/or Joining Fee: If the membership form
specifies an administration and/or a joining fee (Upfront
Fees) then you must pay those fee(s) at the commencement
of the term at the same time as your first payment of
10. Membership Fee changes: Your Membership Fees may
change from time to time during the Term to include:
(a) an annual CPI increase (of an amount equal to the
increase in CPI during the most recent 12 month
period for which figures are published and available),
which increase shall (if applied by the Club) take
effect on 1 January each year during the term of
your membership; and
(b) any increases required to reflect changes in the law,
including any change in the taxes applicable to your
Membership Fees (for example, a change in the rate
These Membership Fee changes shall not limit the Club's
ability to exercise its rights to amend Membership Fees
under clause 16.
11. Payment: You agree to pay the Club in cleared funds:
(c) the Membership Fees in advance for each Payment
Cycle on and from the commencement date set out
in the membership form; however adjustment shall
be made by the Club to the first and last payments
to allow for broken periods in those Payment Cycles;
(d) any other payments incurred by you under or in
connection with this agreement when specified in
this agreement and after demand for payment by
the Club, and these payments may include, but are
not limited to, any Upfront Fees, Early Termination
Fee, late payment fees or charges, and default
interest together with any GST on them.
12. Fee collection: The administration of this agreement
(including the collection of payments) is conducted by the
Billing Agent on the Club's behalf. You accept that the
Billing Agent collects your payments to the Club. The
services provided by the Billing Agent are administrative and
do not affect the status of any membership receipts issued
by the Club. If you have any queries regarding payments,
please direct them to us and we will promptly respond.
13. Direct debit: If you have elected to pay by direct debit you
irrevocably authorise the Billing Agent to debit, from your
nominated bank account, payment of all Membership Fees
owing under this agreement up to the effective date of
termination of your membership, and if applicable, Upfront
Fees, late payment fees, on-hold fees and Early Termination
Fees. You may change your nominated bank account at any
time by completing a new direct debit authority in favour of
the Billing Agent. If there are other payments (beyond those
listed above) owing under this agreement, we will notify you
in writing of such payments due and, within 7 days of such
notification, notify the Billing Agent to deduct all such other
payments from your nominated bank account, unless there
is a genuine dispute relating to the payment and you notify
us of that dispute in writing (including the full details of the
dispute) within that 7 day period. If you do notify of a
dispute in writing within the time required, we shall hold off
on notifying the Billing Agent to deduct such amount until
the dispute has been resolved between us or pursuant to
14. Late payment: If payment of any fees has not be made
then, in addition to the late fees, the following amounts shall
become payable by you on demand from the Billing Agent:
(a) a late payment administration fee specified in the
"early termination and default fee table" included
with this agreement and otherwise contained on our
website at www.ringsidegym.co.nz/terms-conditions;
(b) an amount equal to all costs of collection (both prior
to and after any legal action) incurred by the Billing
Agent in connection with collection of your late or
unpaid fees (including collection agency costs, court
costs, and solicitor's fees), all of which may be paid
or incurred by the Billing Agent; and/or
(c) default interest at the rate of 1% per month (12%
p.a.) on all outstanding amounts between the
relevant due date of such amount and the date on
which such amount is paid in full.
The obligation to make payment of amounts under this
clause 14 shall not detract from your obligation to make
payment of any Early Termination Fees payable by you
under this agreement or any amounts you become liable for
under clause 20 (if applicable).
15. Freezing your membership: If you know in advance that
you will not be able to attend the Club for a period, you may
put your membership on-hold at a $0.00 fee for a
minimum period of two weeks through to a maximum
period of two months (although this shall not apply to any
personal training services). To place your membership on hold,
you must complete the on-hold request form
(available on our website at www.ringsidegym.co.nz) and
provide the completed form to the Club at least 5 days
before placing your membership on-hold. On-hold periods
will not be counted by the Club in any notice period
required for the termination of your membership, nor will
they count towards the Minimum Term.
16. Amendments to your membership terms: In order to run
the Club efficiently we reserve the right to amend this agreement,
the Club rules, club operating hours (including hours that our clubs are staffed),
and our policies (including the on-hold policy). Our ability to
amend extends to Membership Fees (outside of the
Minimum Term). We will provide at least 14 days' notice to
you of any such amendment (unless a change is needed for
health and safety reasons, in which case such change may
have immediate effect). Where a notified amendment will
have a material negative effect on your membership rights
or your Membership Fee is to be amended (other than as a
result of any Membership Fee change under clause 10), you
may terminate this agreement by providing us with written
notice of your wish to terminate. Any termination by you
under this clause 16:
(a) must be notified to us within 7 days of us giving you
notice of an amendment and the effective date of
such termination will be the date of the relevant
(b) will not be effective if we decide not to go ahead
with the amendment and let you know this before
(c) if not accepted by us must be resolved under the
dispute resolution procedures.
If you do not exercise your right to terminate within the
required 7 day period, the amendment notified by us will
apply to your agreement (and in the case of a change to
your Membership Fee, we will notify the Billing Agent of the
fee change and instruct the Billing Agent to change the
Membership Fees direct debited to your bank account).
17. Termination for medical reasons: If You become medically
incapacitated, provided you supply the Club with supporting
documentation to the Club's reasonable satisfaction (from a
qualified medical practitioner certifying that you are
permanently sick or incapacitated from undertaking any
exercise regime for a period of three months or the
remaining term of your membership, whichever is shorter.
You must give us at least 2 days' notice.
18. Event of default: Either party (Terminating Party) may
terminate this agreement by written notice to the other
(Defaulting Party) where the Defaulting Party materially
breaches this agreement and does not remedy that breach
after being given 7 days' notice in writing by the Terminating
Party (setting out the material breach and how the
Defaulting Party must remedy the breach). If the material
breach of the Defaulting party is one that cannot be
remedied, the Terminating Party does not have to give time
to the Defaulting Party to remedy that breach. Any breach
any of the Club's policies and procedures or non-payment of
fees due for a period of more than 7 days or more will
constitute a material breach and the Club will be entitled to
terminate this agreement.
19. Disputed termination: If a party has a genuine dispute of
whether a termination notice given under clause 18 is
effective, the relevant party may seek to resolve that
dispute directly with the other party or pursuant to clause
20. Liability and indemnity:
(a) You shall be responsible for loss or damage which is
caused by your use of the Club. You understand the
possibility of injury or other dangers connected with
any form of physical activity including the activity
usually included in your membership, and your use
of any of the Club's equipment or machinery or
facilities is entirely at your own risk unless the Club is
negligent or at fault.
(b) Without limiting (a) above, neither we (nor any of
our employees, contractors, agents or
representatives) will be responsible for any damage
caused by you failing to follow any rules or
reasonable directions given in relation to use of the
(c) To the extent we do become liable to you in
connection with this agreement or your use of the
Club, our liability to you shall be limited to an
amount equal to your Membership Fees for a 12
month period (in total in respect of all claims).
(d) You are solely responsible for your property
(including any property you bring into the Club or
onto its premises) and the security of that property.
You should not take any valuables into the Club,
even if you plan to store them in a locker as the Club
will not be responsible for any loss or damage to
valuables brought into the Club or onto its premises.
(e) To the extent permitted by law, neither we (nor any
of our employees, contractors, agents or
representatives) nor you will be liable for any loss of
profits, or any consequential, indirect or special
damage or damage or injury of any kind suffered by
the other party to this agreement.
(f) Nothing in this agreement is intended to have the
effect of limiting or reducing your rights against us
under the Consumer Guarantees Act 1993 (CGA). As
a consumer, you are entitled to certain guarantees
under the CGA. If we breach any of these
guarantees, your rights of redress are set out in the
21. Provision of Information:
(a) It is your responsibility to ensure that you update (by
way of written notice to the Club) all personal
information held by the Club about you, including
any contact details the Club may hold for you.
(b) You must ensure that all personal information you
provide to the Club (as part of the application
process or otherwise) is true and accurate and you
must not knowingly provide any false information to
(c) You authorise any person or company to provide the
Club or the Billing Agent with such information as
the Club or Billing Agent may require in response to
its credit and/or membership enquiries.
(d) You also authorise the Club and Billing Agent to use
information for any subsequent dealings that you
may have with the Club or Billing Agent as a result of
your application being accepted, including the
provision of information to third parties regarding
any failure to make any payment when due.
(e) By executing this agreement you consent to the
agreement and otherwise available on our website
(a) If written notice is required to be provided to either
party under this agreement, it may be provided by
post, SMS or email at the addresses given on the
membership form or as otherwise updated by you
by way of written notice to the Club.
(b) The Club may be prevented from meeting its
obligations under this agreement as a consequence
of any cause or circumstance, including significant
disruption, beyond the reasonable control of the
Club. In these circumstances, the Club can suspend
your use of the facilities and your Membership Fees
will be suspended until the facilities are restored.
(c) All clauses which should, by their nature, survive the
termination or expiry of this agreement, shall survive
the termination or expiry of this agreement
(including clauses 8, 11, 14, 19 and 20). Termination
of this agreement by either party does not relieve
you from making all payments due up to the date of
(d) This agreement is exclusive to you. The Club shall be
entitled to assign this agreement, in circumstances
where the Club's business is being sold or
restructured. If an assignment by us has a material
negative effect on your membership rights, notice of
the assignment may be treated as an amendment
and clause 16 will apply.
(e) This agreement shall be interpreted and enforced
pursuant to the laws of New Zealand.
(f) If a dispute arises between the parties under or in
connection with this agreement, the parties must
follow the dispute resolution process set out below:
The parties will use their best endeavours to
promptly resolve any dispute or difference
between them by way of good faith
If the dispute is not resolved by negotiation
within 14 days of either party notifying the
other of the dispute (or such longer period
agree by the parties), either party may
require the other to submit to mediation
with assistance of a qualified mediator.
If the dispute is not resolved by way of
negotiation or mediation within 21 days of
notification of the dispute, either party may
take steps to seek relief before an appropriate
(g) The failure of a party to enforce any provision of this
agreement shall not be treated as a waiver of that
provision, nor shall it affect that party's future right
to enforce that provision.
(h) If any provision of this agreement is or becomes
unenforceable, illegal or invalid for any reason it
shall be deemed to be severed from this agreement
without affecting the validity of the remainder of the
agreement and shall not affect the enforceability,
legality or application of any other provision of this
(i) Pursuant to the provision of the Contracts (Privity)
Act 1982, the parties acknowledge that the terms
and provisions of this agreement confer a benefit on
and shall be enforceable by, the Billing Agent, and
each of our and the Billing Agent's employees
contractors, agent and representatives as if such
persons or entities were a party to this agreement.
23. Commonly used terms:
agreement means your agreement with the Club, consisting
of your executed membership form, these conditions of
membership and any other forms, policies and/or rules of
the Club (including the Rules) referred to in these conditions
Billing Agent means Hamilton Health & Fitness Ltd,
or any other third party appointed by us to
collect fees payable to us under this agreement, as notified
to you in writing from time to time;
Club, us, our and we means Hamilton Health & Fitness Limited
and its fitness and health facilities. To avoid any
misunderstanding, Club does not construe an association of
like interests and no concept of equity participation is
implied nor are any voting rights implied*;
CPI means the Consumer Price Index (All Groups) as
published by Statistics New Zealand (or any
equivalent index in the event the Consumer Price
Index (All Groups) ceases to exist).
Early Termination Fee has the meaning given to it in clause
8 of this agreement;
Member, you and your means the member named on your
Membership Fees means the membership fees specified in
your membership form and includes GST, if any;
Minimum Term means the minimum length of time you
have committed to, for being a member in your membership
form (if any); and
Payment Cycle means the frequency of payment of
Membership Fees as specified on your membership form.
Upfront Fees has the meaning given to it in clause 9.
*any references in this agreement to a party include that
party's successors and permitted assigns.
24. Members under 18: lf you are under 18 years of age you
must have your parent or legal guardian sign
consent and indemnity before your membership will be
accepted. If this is an on-line application, online acceptance
by your parent or legal guardian will not suffice. You will
need to come into the Club with your parent or legal
guardian and have them sign a consent and
indemnity as part of the application process.