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Upon becoming a member or casual user of Massey University Gym, you agree to abide by the following membership terms and conditions.
If you fail to abide by any of these rules or any other requests at the reasonable discretion of a Massey University Gym staff member, campus security will be contacted. Members found to be repeat offenders may have their memberships suspended or cancelled. Management will not be held responsible for any accident of injury suffered, or any loss or damage sustained to members or their personal property while using the facilities. However, Massey University Gym staff will maintain high standards of safety for all Massey University Gym users.
Persons 14 years of age and younger are given no admission.
Persons 15 years of age:
Persons 16 years of age:
Persons 17 years of age:
This agreement is for Membership giving access to the Massey University Gym (‘Facilities’) at the Wellington Campus, being a trading name of a business owned and operated by Massey University (‘Massey University’)
1. Medical and Health Acknowledgements and Consents:
1.1 In signing this form I confirm that to the best of my knowledge I suffer from no physical, medical or mental condition which may be significantly aggravated by my proper and reasonable use of the Facilities.
1.2 I acknowledge that I have been advised to consult a doctor before taking part in any exercise programme, and that I will follow any instructions or advice given to me by them.
1.3 I consent to receive medical treatment in the case of injury or illness which I may suffer connected with my use of the Facilities and indemnify to the extent permitted at law Massey University (including its contractors) against any claims or expenses howsoever in respect of such treatment.
2. Acceptance of Risks, Exclusions of Liability and Indemnity:
2.1 I acknowledge that use of the Facilities involves risk of injury and/or illness and/or damage to or loss of personal property and I agree, to the extent permitted at law, that by using the Facilities I personally assume those risks. Massey University shall not be liable to me for any direct, indirect or consequential liability, claims, losses, damages, or expenses whatsoever and howsoever arising ("losses") in relation to the risks set out above, except to the extent Massey University is liable under applicable law for losses caused by Massey University or any of its personnel's gross negligence, breach of this Agreement, or breach of any applicable law. Nothing in this clause is intended to have the effect of contracting out of the Health and Safety in Employment Act 1992 or the Consumer Guarantees Act 1993 except to the extent permitted by either of those Acts, and this clause only applies to the extent permitted by law.
2.2 I indemnify Massey University against all liability to any person or persons howsoever arising from my use of the Facilities, except to the extent such liability is caused by Massey University or any of its personnel's gross negligence, breach of this Agreement, or breach of any applicable law.
2.3 I agree that Massey University is not liable to me for the acts or omissions of any personal trainer engaged by me whether that personal trainer was recommended by Massey University or not.
3. Collection & Use of Personal Information and Privacy Act:
I agree to Massey University collecting, holding, using and disclosing my personal information for the purposes of this Agreement (including, without limitation, disclosing to DebitSuccess). I acknowledge that I have a right under the Privacy Act 1993 to access and request correction of any personal information held by Massey University in relation to me.
4. Termination and/or Suspension of Membership:
4.1 I accept that Massey University may, acting reasonably, and by providing me with reasonable notice, close (either temporarily or permanently), relocate or redevelop the Facilities and that my membership may be terminated or suspended. In such circumstances, if the change made by Massey University causes me detriment, I may, by providing at least 10 days' written notice to Massey University, terminate my membership, in which case clauses 4.4 and 4.5 will apply.
4.2 I agree that Massey University may, acting reasonably, and by providing me with reasonable notice, suspend and/or terminate my membership of Massey University and ban me from the Facilities, in which case clauses 4.4 and 4.5 will apply.
4.3 I agree that I can only terminate this Agreement by written notice to Massey University under clauses 4.1, 4.2 or 5.1 or if my continued use of the Facilities would be detrimental to my medical, physical or mental condition and I provide evidence of that by way of a valid medical certificate completed by a registered medical practitioner.
4.4 If my membership is terminated under clause 4.1 or 4.2 by either myself or Massey University, other than because of my breach of this Agreement, then Massey University will refund to me any part of my membership fee paid in advance for the period remaining of my membership. If my membership is terminated due to my breach of this Agreement, I agree that my membership fee is non-refundable.
4.5 If my membership is suspended by Massey University under clauses 4.1 or 4.2, other than because of my breach of this Agreement, Massey University will refund to me any part of my membership fee paid in advance for the period for which I do not have access to the Facilities. If my membership is suspended due to my breach of this Agreement, I agree that my membership fee is non-refundable.
5. Compliance With All Applicable Rules, Terms and Regulations:
5.1 I undertake to comply at all times with the rules of Massey University Gym as amended from time to time. Massey University Gym agrees that, if any change of the rules materially reduces the value of the Facilities to me, I may terminate my membership by providing 10 days' written notice to Massey University, in which case clause 4.4 will apply.
5.2 If I am a Massey University staff member then in addition to this Agreement I am subject to my Employment Agreement while I am at the Facilities.
5.3 If I am a Massey University student then in addition to this Agreement I am subject to the Massey University student contract and the rules and regulations of the University while I am at the Facilities.
6. Transfer: I agree that transfers are available subject to the terms and conditions of the particular membership I have purchased. These terms and conditions are available on request at Massey University Gym.
7. Payment of Membership Fees:
7.1 If I have chosen to pay the Membership Fees by lump sum, I agree to pay the membership fee for the full term of my membership immediately.
7.2 If I have chosen to pay by instalment arrangements (whether using the services of DebitSuccess or by any other arrangement with Massey University), then I will ensure that the fees under this Agreement are paid in accordance with the instalment arrangements. I acknowledge that it is my responsibility to keep my account in funds and to pay all my own bank fees, including any fees which my bank charges if my account is overdrawn because of the deduction or payment of any instalment. If I fail to pay any instalments for any reason (including the failure of any direct debit deductions or credit card payments), in addition to any rights under any applicable DebitSuccess contract, Massey University (and/or DebitSuccess as applicable) may either add the outstanding sum to the next instalment or make additional direct debits or take additional credit card payments to recover the overdue amount, and may also charge their reasonable administration and collection costs.
7.3 I understand that I will not be entitled to enter or use the Facilities and will be required to pay casual fees for use of the Facilities at any time when my membership fee has not been paid up to date.
8. Complete and Accurate Disclosure: I agree that all information given by me to Massey University is truthful, complete and accurate. I also agree to answer any questions asked by Massey University that Massey University deems necessary in relation to my use of the Facilities.
9. Force majeure: Neither party is liable for any failure or delay in performing its obligations under this Agreement by reason of strike, lockouts, industrial action, fire, storm, or other cause beyond its control, provided that this does not include a lack of funds for any reason.
10. Right to Cancel: If I have chosen to pay by instalments, the Credit Contracts and Consumer Finance Act 2003 (“CCCFA”) will apply to this contract and give me a right for a short time after the terms of this contract have been disclosed to me to cancel the contract. How to cancel: If the CCCFA applies and I want to cancel this contract I must give written notice to Massey University Gym. I must also pay the cash price of any contracted services that have already been performed within 15 working days of the day I give notice. Time limits for cancellation: If the disclosure documents are handed to me directly I must give any notice that I intend to cancel within 3 working days after I receive the documents. If the disclosure documents are sent to me by electronic means (for example, e-mail) I must give any notice that I intend to cancel within 5 working days after the electronic communication is sent. If the documents are mailed to me, I must give the notice within 7 working days after they were posted. Saturdays, Sundays, and national public holidays are not counted as working days. What I may have to pay if I cancel: If I cancel the contract Massey University can charge me the amount of any reasonable expenses Massey University had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, etc). This statement in clause 10 only contains a summary of my rights and obligations in connection with the right to cancel. If there is anything about my rights or obligations under the Credit Contracts and Consumer Finance Act 2003 that I do not understand, if there is a dispute about my rights, or if I think that Massey University is being unreasonable in any way, I understand that I should seek legal advice immediately. Membership cancellations on fix term Direct Debit memberships may be considered under these circumstances: 1. Early cancellation and associated fee - Early cancellation of a fixed term Direct Debit Membership is $150 or 25% of the remaining contract value, whichever is the lessor amount. 2. Cancellation due to illness or injury - Client must provide evidence that the client cannot exercise for a period of 12 months or more due to illness or injury. 3. Unforeseen hardship - Where a client suffers illness, injury, loss of employment, the end of a relationship or any other “like” cause, that results in he or she being unable to reasonably keep up with payments, the client may apply to change the terms of the Contract by extending the term and reducing the amount of each payment, postponing payments for an agreed period, or extending the term and postponing payments for an agreed period.
11. Entire Agreement: I agree that this Agreement (together with any applicable terms contained in any agreement I enter into with DebitSuccess in relation to payments under this Agreement) is the entire agreement between me and Massey University Gym and supersedes and cancels all previous agreements, understandings and arrangements (whether implied or made expressly).
12 Invalid clauses: If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this Agreement to the maximum extent permissible under applicable law.
Page authorised by Wellington Regional Registrar
Last updated on Thursday 11 April 2019