Main Points (see below)
Set out below are the terms and conditions, including your rights and obligations, of your membership with Northern Arena. We recommend that you read them carefully.
1.0 For Your Information
1.1 Important document: This is an important document as it sets out our (yours and Northern Arena’s) rights and obligations with respect to your membership. We recommend that you keep it in a safe place for your future reference
2.0 Restrictions on Your Membership
2.1 Age restrictions: You must be at least 18 to join as a member of Northern Arena on your own without any age-related restrictions.
2.2 Members 18 years and under: If you are under 18:
a. a parent or guardian must complete your application form and any pre-joining questionnaire that we may require.
b. You must take part in a specific age-group exercise class or programme such as Teen Fit.
2.3 Medical Clearance: We may require you to provide us with a medical clearance from your doctor stating that you are fit to exercise at Northern Arena as a condition of your membership.
3.0 Your Membership
3.1 Commencement of your membership: This Agreement between you and us starts when you have signed this Agreement and your Membership Application, and an authorised Northern Arena representative has signed also.
3.2 14 Day Comfort Guarantee: Our 14 day comfort guarantee starts from the date you sign this Agreement and join (not the starting date of your membership). To cancel your membership during your 14 day comfort guarantee period, you must inform us in writing that you wish to cancel your membership. We will then cancel your Agreement and refund the unused portion of your membership fee or pro-rata fee paid during that period (if any). We are not obliged to refund the non-refundable joining fee.
3.3 Club Rules: We may set Club Rules from time to time and any such Club Rules will form part of this Agreement. By entering into this Agreement, you agree to be bound by any Club Rules also.
3.4 Changes to this Agreement and our Club Rules: This Agreement, our Club Rules, and any membership conditions including our opening and closing hours, services and facilities, and fees may change from time to time. If that happens, we will notify you in advance of such changes to the contact details advised on the front page. Subject to clause 8.5, you will be bound by the amended terms.
3.5 Difference in terms and conditions: If this Agreement differs from anything you are told at the Club or over the phone, this Agreement will apply unless you receive written confirmation from us.
4.0 Membership Fees
4.1 Payment of membership fees: The payment of your membership fees depends on whether you have chosen to pay in one lump sum or by making regular payments.
a. Regular payment option: You pay fees for the regular payment option for your Membership Term in advance each month by direct debit from a nominated bank account or credit card.
If you choose to pay by credit card, we pass on any fees charged for the transaction by your credit card provider by deducting them from your credit card at the same time as your regular payment.
If you choose the regular payment option, your membership will continue until you decide that you wish to cancel your membership after the Minimum Term or it is cancelled by us for one of the reasons set out in clause 5.0.
b. Lump sum payment option: Instead of the regular payment option, you can pay upfront in one lump sum for your chosen Membership Term.
When your membership is due to end, you can renew it by paying the current membership fees. If you renew it after the expiry date, we will also charge you a new joining fee. By renewing your membership, you agree to the current Membership Terms and Conditions applicable at that time that are available on our website www.northernarena.co.nz.
4.2 Joining fee: Our joining fee is a non-refundable fee that applies when you join or renew your membership. Our current joining fee is set out in your Membership Application.
4.3 Late payments: If you do not fully pay your fees on the due date, we will:
a. Suspend your membership: Suspend your membership with us until your payments are up to date. We may need to pass on bank fees and recovery costs associated with your late payment and you authorise us to do this.
b. Debit your account: Debit your nominated account, and you authorise us to do this, without notice, until we have received the total amount owing. We will make a reasonable effort to notify you about the direct debit but do not have to.
4.4 Debiting fees from your nominated account: We will debit your regular membership payments (if using the regular payment membership option) from your nominated account on the 21st of each month.
If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day.
4.5 Your payment responsibilities: You are responsible for:
a. making sure that your nominated account is set up to accept our direct debit;
b. making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day;
c. letting us know if you decide to change your bank and/or nominated account prior to any change being made;
d. letting us know if you decide to change your credit card or your credit card provider prior to any change being made and;
e. late payments and any associated charges in accordance with clauses 4.3 and 4.6.
4.6 Disallowed payments: If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will first ask you to pay.
If you do not pay us, we will debit the payment to your nominated account or credit card again, with any other membership fees you owe, on or before the next payment day. We will also charge you any transaction and administration fees that we may incur as a result of your non-payment.
4.7 Changes to your membership fees: We may increase your fees at any time after the minimum period of your Agreement has ended. We will notify you about any fee increases one month in advance of any such increase. Notices will be sent to the contact details advised on the front page.
If we do not receive notice from you under clause 8.5 by the end of the one month notice period above, you will be bound by the increased fee and e, you authorise us to increase any debits from your nominated account or credit card in line with the notified increase.
4.8 Membership fees include GST: Our membership fees include goods and services tax (GST). Any increase in GST will increase your membership fees.
4.9 Package and promotional deals: If you have signed up to a package or promotional deal, you must continue to meet the relevant criteria. If your circumstances change and you no longer meet that criteria, we will adjust your membership fees accordingly and may require you to pay a top-up or additional monthly fees. We will notify you in advance of any applicable top-up or additional monthly fees.
4.10 Suspension of your membership fees
a. If you join for a minimum period longer than 6 months, then during the minimum period you may suspend your membership without further cost for a maximum of 3 months during each 12 month calendar period. A year commences on the anniversary of the date when you commenced your membership. You are not entitled to accumulate suspension entitlements not take during a particular year.
The minimum duration of suspension for this category of membership is one month to a maximum of 3 months at any one time.
b. If you hold a 6 month DD or Lump Sum membership agreement, you may suspend your membership for either medical or travel reasons. Your application will need to be supported by a medical certificate or flight itinerary. The minimum duration of suspension for this category of membership is 1 month to a maximum of 2 months.
Once you have exercised the option to suspend your membership payments, the duration of your suspension period will be added to the minimum term of your membership. E.g. If you have a 12month DD membership and you suspend for 1 month, that period will be added on to the minimum term of your membership.
If you hold a 3 month membership you will not be entitled to exercise the suspension options.
Further extensions to the above periods will be looked at on a case by case basis.
You must give us one week’s written notice of your intention to suspend your membership.
5.0 Your Responsibilities to Us and Other Members
5.1 Your membership: Your membership allows you to use the Club according to this Agreement and our Club Rules. If you breach any term of this Agreement or break our Club Rules, your membership may be cancelled.
5.2 Take care of your membership card: We will give you a membership card when you join. If you visit the Club without your membership card, we may refuse you entry.
You cannot lend your membership card to anyone else or allow anyone else to use it. Your membership card is our property and you must return it to Northern Arena at the end or your Membership Term or if your membership is cancelled.
If you lose your membership card, we will replace it and may charge you a fee for the replacement membership card.
5.3 Changes to your situation: You must tell us about anything that affects your membership such as your health, and any changes to your contact details such as postal address, email address, phone numbers, and nominated bank account details.
5.4 Your promise to us: When you sign this Agreement and for the duration of your membership, you promise:
a. that you know of no medical or other reason why you cannot exercise;
b. that exercise will not damage your health, safety, comfort or physical condition;
c. that you will make sure that you know how to exercise safely and will ask a Northern Arena representative if necessary; and
d. that you will use your best efforts to exercise in a way that ensures not only your safely but also the safety of other members.
5.5 Use pool area (and other wet areas) with care: The pool area is only able to be used during the scheduled, supervised swim times.
No jumping, running, or diving is allowed in the pool area and children must be supervised by you at all times.
In accordance with clause 5.11, you must follow all rules, signs and directions from Northern Arena staff members for your own safety in the pool area and in wet areas generally.
5.6 Take care of your health: You agree that you will not use our facilities if you are suffering from:
a. an infection of any sort or kind, or
b. an illness of any sort or kind, which may be contagious and put other members at risk; or
c. a physical complaint which may put other members at risk, such as (by way of example only) an open cut or other similar wound, or
d. where there is any other risk, however small, to other members.
5.7 Take care of Club equipment: You must use our facilities and equipment correctly according to their proper use. If you are unsure of how to operate any item of equipment, please speak to a Northern Arena representative before you use it.
5.8 Damage to Club facilities: You are responsible for any damage to Club facilities caused by you through a deliberate act or failure to act, or your negligence (but excluding acts carried out/failures to act under Northern Arena’s directions).
5.9 Take care of your personal property: You are responsible for any personal property (including by way of example only any vehicle or any personal property inside any vehicle) that you bring onto Club premises. Any personal property that you bring with you is at your own risk.
5.10 Club Rules, signs and handouts: It is your responsibility to ensure that you follow our Club Rules in addition to all signs and handouts for designated areas and for the Club generally.
5.11 Refusing entry: If you break our Club Rules or act in any way that is inconsistent with this Agreement including by way of example, risking the safety of others, we may refuse you entry.
5.12 Cancellation after notice: If you breach this Agreement or break our Club Rules or act in a way that we consider to be unreasonable, we may give you notice by warning you that you risk having your membership cancelled, particularly if safety to other members is concerned. If you continue to behave in the same way, we may cancel your membership.
5.13 Instant cancellation: We have the right to cancel your membership immediately if you behave in a way that we consider is inappropriate or carries a serious risk of injury or damage to you, other members, or club facilities such as by way of example only:
a. threatening or harassing other members;
b. damaging our equipment or facilities;
c. using illegal substances; or
d. soliciting or operating a business on Club premises without our consent.
6.0 Our Responsibilities
6.1 We promise to you: When our authorised representative signs this Agreement and for the duration of your membership, we promise to provide our services with all due competence, skill and care.
6.2 No claim against us: Northern Arena will not be liable:
a. for any loss or damage of any kind whatsoever to your personal property which you bring into the Club at your own risk despite the terms of this Agreement (excluding where such loss or damage is due to Northern Arena’s negligence).
b. for any loss or damage of any kind whatsoever to you or your personal property which has been caused by a third party, such as a personal trainer, physiotherapist or another member, who is not connected with our services and facilities that we provide to you as part of this Agreement.
c. for any loss or damage of any kind whatsoever to you or your personal property which has been caused by events that are beyond our control and that could not have reasonably been foreseen or prevented.
6.3 Limitation of liability: In no event shall either party be liable to the other for any consequential or indirect losses.
6.4 Risk of injuries and release of liability: We warn you that, while on our premises, you may be exposed to certain risks.
By entering into this Agreement and on every occasion you use our facilities and participate in an exercise or fitness programme, or any other activity, you acknowledge and accept our warning of risk of injuries set out above and that your membership is subject to the risk of injury to you.
7.0 Issues with Third Parties
7.1 Third parties: We use third parties to provide some services in our club, such as personal training, group fitness classes and physiotherapy. We are not responsible for those services provided by third parties.
7.2 Claims against a third party: If you are unhappy with the service you have received from a third party and wish to make a claim, your claim should be brought against the third party, not us. We will not be liable for any claim resulting from an act or omission by a third party.
7.3 Our support: Where possible, we will help you to resolve any issue you may have with a third party at Northern Arena and should notify us first. We require that personal trainers and physiotherapists in our Club are qualified, have up-to-date training and have suitable insurance.
8.0 Cancelling Your Membership
8.1 Cancelling without further payment: You can cancel your membership during the Minimum Term if:
a. You become sick or are incapacitated. Prior to cancelling your membership we will require a medical certificate from a suitably qualified medical practitioner stating that you cannot exercise for either 12 months or the remainder of your Membership Term, whichever is longer.
b. You relocate to an area more than 50 kilometres away from the Club. Prior to cancelling your membership we will require a letter from your employer or invoice from one of your utility providers such as your electricity supplier.
c. You are judged bankrupt by a New Zealand Court. Prior to cancelling your membership we will require appropriate evidence that you have been declared bankrupt.
8.2 Refunds: No refunds will be given for any monies paid in advance on immediate cancellations.
8.3 Cancelling for other reasons during Minimum Term: If you wish to cancel for any other reason, you can do so by paying out the remainder of your contract. This is calculated by multiplying the monthly fee on your Membership Application in this Agreement by the number of months left in your Minimum Term.
8.4 Cancellation at any other time: To cancel your membership when the Minimum Term ends or at any time after that, you must give us one month’s notice in writing. You must pay any fees owed to us or we may take steps to recover them.
8.5 Negative changes: You can cancel your membership at any time if we:
a. change or add to our Membership Terms and Conditions or the Club Rules and those changes or additions affect you in a negative way; or
b. change the club services and facilities and those changes affect you in a negative way, or
c. change your membership fees in a way that you in a negative way.
We may ask you to provide us with proof that you have been negatively affected by any changes that we make.
8.6 Breach of Agreement: You can also cancel your membership if we breach this Agreement and we do not fix the breach in a reasonable time after you have told us about it in writing
8.7 Transferring your membership: You may not transfer your membership to any other person if the minimum period you have signed up for has expired. If the minimum period has not expired then you may apply in writing to us to have your membership transferred due to a change in your circumstances to another person subject to the following:
a. Your application in writing to have your membership transferred must set out your reasons for transferring your membership.
b. The person to whom you wish to transfer your membership to must not have been a member of Northern Arena within the 3 months prior to the date you wish to transfer your membership (the Transfer Date).
c. The person to whom you wish to transfer your membership must complete and sign a Membership Application.
d. Your membership fees must be up to date up to the Transfer Date.
e. If your application to transfer your membership is accepted by us, you will be required to pay a transfer fee.
f. Until we accept your application to transfer your membership, you will remain liable under this Agreement for all due and outstanding payments.
9.0 Your Privacy
a. the web: www.northernarena.co.nz
b. or by sending your request by email to: email@example.com
c. or by sending your request by post to:
The Club Manager
8 Polarity Rise
9.3 Filming and photography in Club: Sometimes we may film or photograph the Club when it is in use for promotional and marketing purposes of our business. You may appear in the background of any promotional or marketing material. By signing this contract you agree to allow us to use your image.
10.0 Meaning of Words and Phrases
Agreement: means the Membership Application and Membership Terms and Conditions. This is between Northern Arena and you, under which you will become a member of Northern Arena.
Club: means Northern Arena, 8 Polarity Rise, Silverdale North.
Club Rules: means any rules set by Northern Arena from time to time for operating equipment, use of facilities, opening hours and behaviour in the Club, specified in this Agreement, and Club signs and handouts as may be amended from time to time. Club Rules (including any amendments) are available from reception on request.
Membership Term: means the membership term specified in the Membership Application.
Minimum Term: means the very least amount of time you are contractually obliged as specified in your Membership Agreement.
Northern Arena, We, Us, Our: means Northern Arena Limited together with its successors and assigns.
You/Your: means the person identified in the Membership Application as you.
Working Day: means a day on which registered banks are open for business other than a Saturday or Sunday in Auckland.