Membership terms and conditions – Massey Sport and Recreation Centre, Palmerston North , Ngā heipūtanga mema – Manawatū

1. Use of membership

1.1. Your membership gives you the right to use the facilities of the Massey Sport and Recreation Centre (the Centre) during normal operating hours on the terms and conditions of this Agreement.

1.2. Massey will not arbitrarily close the Centre’s facilities. In the event, due to circumstances beyond the reasonable control of Massey, the Centre’s facilities are temporarily closed, no refund for any part of membership fees will be payable.

1.3. Massey reserves the right to make reasonable changes to the operating hours from time to time.

2. Medical and health acknowledgements and consents

2.1. Centre staff and contractors are not medically trained and cannot assess whether you can exercise without risking your health and safety.

2.2. I confirm that to the best of my knowledge I do not suffer from any physical, medical, or mental condition which may be significantly aggravated by my proper and reasonable use of the facilities. I agree that I will not use facilities at the Centre if use could aggravate any injury, illness or other condition.

3. Compliance with all applicable rules, terms and regulations

3.1. I agree to comply with the Centre’s Code of Conduct and any rules of the Centre notified to me in writing or displayed at the Centre. Massey may change the Code of Conduct and any other applicable rules at its discretion.

3.2. I understand that I will be required[1] to present a valid My Vaccine Pass to use the Centre and its facilities and I will bring this with me on each visit.

3.3. I give consent to Massey and the Centre to record that they have verified My Vaccine Pass and its expiry date in its membership database.

3.4. If I am a Massey University staff member then, in addition to these terms and conditions, I am subject to my Employment Agreement while I am at the Centre or using its facilities.

3.5. If I am a Massey University student then, in addition to these terms and conditions, I am subject to the Massey University student contract while I am at the Centre or using its facilities.

[1] COVID-19 Public Health Response (Protection Framework) Order 2021, cl 27.

4. Collection and use of personal information and Privacy Act

4.1. I understand that Massey will collect, store, hold and use personal information about me in accordance with its Privacy Policy. I understand that I have a right under the Privacy Act 2020 to access and request correction of any personal information held by Massey Sport and Recreation in relation to me.

5. Termination and/or suspension of membership

5.1. Massey may terminate my membership and this Agreement if:

(a) I am in material breach of the Code of Conduct or any Centre rules; or

(b) I engage in offensive or disorderly behaviour while using the Centre’s facilities, including but not limited to, bringing non-members into the Centre.

5.2. If my membership is suspended and/or terminated, in accordance with clause 5.1, I will not be entitled to a refund of any membership fees paid except at Massey’s sole discretion.

5.3. If I wish to suspend or terminate my membership, I must supply Massey (at the Centre) with notice of my request in writing, together with supporting documentation.

5.4. Massey will review the notice and, acting reasonably, will accept or decline the suspension or termination request within a reasonable period of time.

5.5. If Massey accepts my request for termination, Massey may charge me either 25% of the fees for the remainder of the term of my membership or $150, whichever is the lesser amount.

5.6. If I wish to terminate my membership due to medical reasons, or due to a move 30km or more away from the Centre, or if I am paying my fees through Debitsuccess and have paid my minimum term, and Massey accepts my request for termination due to one of these reasons, then no cancellation fee will apply.

Note: A membership may be suspended for a period of one to three months at no charge for travel or injury/illness. Student memberships, 10-entry passes and memberships of less than 12 months are not eligible for suspension. To request for a suspension to your membership, please complete the Membership On-Hold form and email it with evidence to support your request to the Team Leader Client Services.

For more information about cancelling your membership, please contact the Team Leader Client Services.

6. Transfer

6.1 My membership is personal to me and it is not transferable. It is a breach of this Agreement to allow another individual to use my membership card.

6.2 Massey will consider requests to transfer membership where the member seeking to transfer has an eligible person willing to take over the remainder of the membership term.

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 on being invoiced.

7.2 If I have chosen to pay through Massey’s contractor Debitsuccess, I will make any payments in accordance with the terms agreed with Debitsuccess.

7.3 If Overdue payments of 30 days will result in a suspension of membership.

7.4 At any time when my membership fee has not been paid up to date, Massey may in its discretion, refuse me entry to the Centre or require me to pay casual fees over and above my membership fees for their use.

7.5 My membership is for the term as stated on my membership. If I have contracted with Debitsuccess the term may be extended or automatically renewed in accordance with the terms agreed. If automatically renewed, the membership fees for any future terms will be at the rates then charged by the Centre.

7.6 All members will be given notice when their membership is due for renewal.

8. Liability

8.1 I acknowledge that my use of the Centre’s facilities is at my own risk.

8.2 To the extent permitted by law, Massey will not have any liability to you for any direct, indirect or consequential liability, claims, losses, damages or expenses under or in relation to this Agreement or your use of the Centre’s facilities.

8.3 If Massey is found to be liable to you regardless of clause 8.2, Massey’s maximum aggregate liability to you under or in relation to this Agreement and your use of the Services, whether under contract, tort (including negligence), equity, legislation or otherwise, is limited to the amount paid by you to Massey under this Agreement.

8.4 I indemnify Massey against liability to any person arising from my use of the facilities.

9. General

9.1 If written notice is required to be provided to either party under this Agreement, it may be provided by post or email to the address set out on the membership form or as otherwise updated by way of written notice to Massey Sport and Recreation.

9.2 Massey may be prevented from meeting its obligations under this Agreement as a consequence of a cause beyond the reasonable control of Massey. In these circumstances, Massey may need to suspend your access to the facilities or your membership generally and your membership fees will be suspended until your membership is restored.

9.3 This Agreement replaces any earlier representations, warranties, understandings, and agreements (whether oral or written) between the parties and sets out the entire agreement between them relating to its subject matter.

9.4 Any unlawful or voidable provision in this Agreement will be severed from this Agreement without affecting the validity, legality or enforceability of the remaining provisions.