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TERMS & CONDITIONS

(last updated 02/03/2019)
 

ACCESSIBILITY POLICY

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.

ASSISTIVE DEVICES

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.

 

EXCLUSION GUIDELINES:

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.

 

SUPPORT PERSONS

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.

 

GUEST FEES:

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.

NOTIFICATIONS 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.

FEEDBACK PROCESS

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.

 

SUBMITTING FEEDBACK:

Members can submit feedback to:

 

Any staff within the gym,

Via mail to 16 Bandon Street, Frankton, Hamilton, 3204

By email to info@ringsidegym.co.nz

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:

Administration

 

If you have questions or concerns about the above policy or its related procedures please contact:

Robyn Pengelly

info@ringsidegym.co.nz



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

location).

 

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

promise:

(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

Club.

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

promise to:

(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

the Club.

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

Membership Fees).

 

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

of GST).

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;

and

(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

clause 22(f).

 

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

variation;

(b) will not be effective if we decide not to go ahead

with the amendment and let you know this before

termination; and

(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(f).

 

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

Club's facilities.

(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

CGA.

 

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

the Club.

(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

Club's privacy policy provided together with this

agreement and otherwise available on our website

at www.ringsidegym.co.nz

 

22. General:

(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

termination.

(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 
    negotiations.

  • 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 
    court.

(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

agreement.

(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

of membership;

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 form*;

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.