Terms and conditions for Massey University Gym in Wellington , Ngā heipūtanga mo te whaka hākinakina ki Pukeahu

1. Your membership gives you the right to use the Facilities during normal operating hours.
2. Massey reserves the right to make reasonable changes to the operating hours from time to time, these will be notified to members.
3. In the event, due to circumstances beyond the reasonable control of Massey, the Facilities are temporarily closed, or the services are temporarily reduced, no refund for any part of membership fees will be payable.
4. Each of the Facilities has an age requirement for those persons permitted to use the facility. Refer to the specific rules of the Facility you are using for details.
5. Access to the Facilities is only granted to individuals with a valid membership or pass. Members are strictly prohibited from loaning their membership card to others. Violation of this rule may result in suspension or termination of membership. Guests must pay the casual entry fee, which is valid only for the day it is issued and cannot be transferred to another person.
6. Personal training sessions may only be conducted by trainers contracted with Massey and approved by Facility management. Unauthorized personal training activities are strictly prohibited.
7. Photography and filming by members is not allowed anywhere in a Facility without written permission from the relevant Contact above. Members must not take photos or videos of other members at a Facility without their permission.
8. Massey reserves the right to film and photograph at the Facilities for the purpose of promotional material. Should this take place whilst you are in the Facilities you will be notified.
9. For security purposes, Massey uses video surveillance equipment to monitor our Facilities. Video surveillance is limited to the floor area and entrances only and is not within the bathrooms or any changing areas.
10. Use of illegal drugs and alcohol at the Facilities or accessing the Facilities while under the influence of drugs or alcohol, is strictly prohibited. Any member found or suspected to be using the Facilities while under the influence of drugs or alcohol may be asked to leave the premises and have their membership terminated effective immediately and/or authorities notified.

1. In signing the membership form you confirm that to the best of your knowledge you suffer from no physical, medical or mental condition which may be significantly aggravated by your proper and reasonable use of the Facilities.
2. You acknowledge that Facilities staff and contractors are not medically trained and cannot assess whether you can exercise without risking your health and safety.
3. You understand that you should consult a doctor before taking part in any exercise programme, and that you will follow any instructions or advice given to you by them.
4. You consent to receive medical treatment in the case of injury or illness which you may suffer connected with your use of the Facilities and indemnify to the extent permitted at law Massey (including its contractors) against any claims or expenses howsoever in respect of such treatment.

1. You acknowledge that use of the Facilities involves risk of injury and/or illness and/or damage to or loss of personal property and you agree, to the extent permitted at law, that by using the Facilities you personally assume those risks. Massey shall not be liable to you 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 is liable under applicable law for losses caused by Massey or any of its staff member's gross negligence, breach of these Terms and Conditions, or breach of any applicable law. Nothing in this clause is intended to have the effect of contracting out of the Health and Safety at Work Act 2015 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. You indemnify Massey against all liability to any person or persons howsoever arising from your use of the Facilities, except to the extent such liability is caused by Massey or any of its staff member's gross negligence, breach of these Terms and Conditions, or breach of any applicable law.
3. You agree that Massey is not liable to me for the acts or omissions of any personal trainer engaged by you whether that personal trainer was recommended by Massey or not.
4. Massey is not liable to you for any personal property that is damaged, lost, or stolen while in or around a Facility including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to a Facility or any equipment, you are liable to Massey for its cost of repair or replacement. Any instances of theft or vandalism will be reported to authorities and may result in legal action.

1. You understand that Massey will collect and process personal information about you for the purposes of delivering recreation and sports services, in the ways set out below.
2. Massey will collect the following information about you:
   1. name and contact details (including email address and phone number)
   2. demographic information (including age, gender and ethnicity)
   3. health information (including height, weight, blood pressure and, where relevant, medical history)
   4. health and wellness information you choose to provide in surveys, questionnaires or apps (including health problems, medications, body measurements and training goals)
   5. exercise plans or other information generated as you use the services and apps Massey provides
   6. study programme information (where you are also a student)
   7. evidence that you meet the conditions of your membership affiliation (such as proof of enrolment or employment)
   8. financial information relating to payment for services (including credit card or direct debit details), and
   9. audio and video footage where CCTV systems are used at the Facilities.
3. Massey will use your personal information to:
   1. create and maintain your member profile
   2. correspond with me about your use of recreation and sports services
   3. deliver the recreation and sports services you request
   4. manage entry to Facilities
   5. manage marketing and other campaigns, including corresponding with you about recreation and sports services, or other offerings, that Massey believes you might be interested in
   6. ensure safe and accurate advice is provided to you
   7. meet Massey’s health and safety obligations
   8. benchmark member health information and track progress alongside fitness programming provided
   9. analyse aggregated (not individual) membership trends for internal reporting purposes, and
   10. understand and improve the services Massey provides.
4. Only Facility members staff with a legitimate need to access your personal information can do so. However, the Facilites may need to share member personal information in some circumstances in order to deliver recreation and sports services, including with:
   1. contracted service providers which Massey uses to perform services on its behalf (such as IT service providers), within and outside New Zealand
   2. Massey's legal advisers, other professional advisers, or insurers, and
   3. in the event of an emergency, police, medical or hospital personnel, civil emergency services, your legal representative or nominated emergency contact person, or any other person assessed as necessary to respond to the emergency.
5. More information about privacy, including how to access or correct personal information, is available in the Massey Privacy Notice.

Privacy at Massey University

1. You accept that Massey may, acting reasonably, and by providing you with reasonable notice, close (either temporarily or permanently), relocate or redevelop the Facilities and that your membership may be terminated or suspended. In such circumstances, if the change made by Massey causes me detriment, you may, by providing at least 10 days' written notice to the contact details listed above, terminate your membership, in which case clauses 5.4 and 5.5 will apply.
2. You agree that Massey may, acting reasonably, and by providing you with reasonable notice, suspend and/or terminate your membership and ban you from the Facilities, in which case clauses 5.4 and 5.5 will apply. To clarify, situations in which suspension or termination are considered reasonable include, but are not limited to where:
   1. You are in material breach of the Code of Conduct or any Facilities rules; or
   2. You engage in offensive or disorderly behaviour while using the Facilities, including but not limited to, bringing non-members into the Facilities.
3. You can terminate your membership by written notice to Massey at the relevant Contact above due to the following reasons:
   1. medical reasons (evidenced with a valid medical certificate from a licenced medical practitioner); or
   2. You relocate more than 30km away from any of the Facilities; or
   3. You are paying your fees through direct debit and have paid your minimum term, or
   4. under clauses 5.1 or 6.1.
4. If you terminate your membership for the reasons listed in this clause 5.3, and provide the necessary supporting documentation, then no cancellation fee will apply.
5. If your membership is terminated under clause 5.1 or 5.2 by either you or Massey, other than because of your breach of these Terms and Conditions, then Massey will refund to you any part of your membership fee paid in advance for the period remaining of your membership. If your membership is terminated or suspended due to your breach of these Terms and Conditions, you agree that your membership fee is non-refundable.
6. If your membership is suspended by Massey under clauses 5.1 or 5.2, other than because of your breach of these Terms and Conditions, Massey will refund to you any part of your membership fee paid in advance for the period for which you do not have access to the Facilities.
7. Membership holds are available up to a maximum of 12 weeks, every 12 months, starting on the anniversary of the date you started your memberships. Memberships may be suspended for a minimum of two weeks (four weeks for Manawatū Recreation Centre) up to a maximum of 12 weeks at no charge for travel or injury/illness. Fixed-term Massey Student direct debit memberships, concessions passes, and memberships of less than 12 months are not eligible for suspension. To request a suspension to your membership, please complete the Membership On-Hold form and email it with evidence to support your request to the relevant Contact above.

1. You undertake to comply at all times with the rules of the Facilities as amended from time to time. If any change of the Facilities rules materially reduces the value of the Facilities to you, you may terminate your membership by providing 10 days' written notice using the contact details above, in which case clause 5.4 will apply.
2. Should a public health order be made by the New Zealand government both parties agree that they will do everything possible to comply with that order in relation to these Terms and Conditions and the use of the Facilities. For the purpose of clarity, such an order will be deemed a government direction under clause 10.1.
3. If you are a Massey staff member then in addition to these Terms and Conditions you are subject to your Employment Agreement while you are at the Facilities.
4. If you are a Massey student then in addition to these Terms and Conditions you are subject to the Massey student contract and the rules and regulations of the University while you are at the Facilities.

1. Your membership is personal to you and it is not transferable on an ad-hoc basis. However, 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. You agree that allowing another person to use your membership prior to being officially transferred, is a breach of these Terms and Conditions.

1. If you have chosen to pay the membership fees by lump sum, you agree to pay the membership fee for the full term of your membership immediately.
2. If you have chosen to pay by instalment arrangements (whether using the services of a direct debit provider or by any other arrangement with Massey), then you will ensure that the fees under these Terms and Conditions are paid in accordance with the instalment arrangements. You acknowledge that it is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of the deduction or payment of any instalment. If you 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 direct debit contract, Massey (and/or the direct debit provider 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. For the purposes of clarity, administration costs include, but are not limited to, any bank charges Massey and/or Massey's "Payment Services Provider" may incur due to a payment instruction being dishonoured. A default fee of $14.95 will be charged for each dishonoured payment.
3. At any time when your membership fee has not been paid up to date, Massey may in its discretion, refuse you entry to the Facilities or require you to pay casual fees over and above your membership fees for your use.
4. Your membership is for the term as stated on your membership. If you have contracted with a direct debit provider the term may be extended or automatically renewed in accordance with the new terms agreed. If automatically renewed, the membership fees for any future terms will be at the rates then charged by the Facilities.
5. Massey reserves the right to change the fees charged to members for use of the Facilities. Massey agrees to use reasonable endeavours to provide you with written notice of the changes at the most current email address you have supplied. The changes will take effect no less than 30 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. If you are not agreeable to the fee increase, you have 5 business from the date you received the notice to communicate this with your Facility where normal cancellation terms will apply in accordance with these Terms and Conditions.

1. You agree that all information given by you to Massey is truthful, complete and accurate.

1. Neither party is liable for any failure or delay in performing its obligations under these Terms and Conditions by reason of strike, lockouts, industrial action, fire, storm, government direction, or other cause beyond its control, provided that this does not include a lack of funds for any reason.
2. Massey may be prevented from meeting its obligations under these Terms and Conditions as a consequence of a cause beyond the reasonable control of Massey. These causes include those identified in clause 10.1. In these circumstances, Massey may need to suspend your access to the Facilities or your membership generally and your membership fees may be suspended until your membership is restored.

1. Massey reserves the right to update these Terms and Conditions from time to time. Massey agrees to use reasonable endeavours to provide you with written notice of the changes at the most current email address you have supplied. The changes will take effect no less than 30 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. If you are not agreeable to the new Terms and Conditions, you may terminate your membership by providing 10 days' written notice using the contact details above, in which case clause 5.4 will apply.

1. You agree that these Terms and Conditions (together with any applicable terms contained in any agreement you enter into with the direct debit provider in relation to payments under these Terms and Conditions, the rules of the Facilities and Massey University Code of Conduct) are the entire agreement between me and Massey and supersedes and cancels all previous agreements, understandings and arrangements (whether implied or made expressly).

1. If any part of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, these Terms and Conditions 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 these Terms and Conditions to the maximum extent permissible under applicable law.

lf you are under 18 years of age you may be asked for your parent or legal guardian sign the below consent and indemnity before your membership will be accepted.