Your membership agreement is an ongoing agreement with a minimum initial commitment period of at least four weeks. It automatically renews for further two week commitment periods unless terminated under paragraphs 8.
HABITAT FOR FITNESS LTD. TERMS AND CONDITIONS
1. The Agreement between you and us
These Terms, together with the Club Rules and the following completed payment authority; make up all of the terms of a Membership Agreement (“Agreement”) between the member(s) named in this account (“you”), and Habitat For Fitness Limited / HABITAT (“us”). It is important that you have read and understood all of the terms and conditions of the Agreement before agreeing to these Terms. If you have any questions please ask us.
2. Your type of Membership, your Home Club and other Clubs
2.1 Your Membership
You are becoming a member of HABITAT under the Membership Type agreed upon Membership Application. Your membership entitles you to visit the “Club” for the agreed up number of visits credits per validity period. Each entry counts as one visit credit.
2.2 Your Membership Type
Your membership type will determine the number of visit credits each fortnight that you will be allocated, your membership dues, and the term of your membership.
For membership types with limited visit credits per fortnight, e.g. Green/Basic, or Silver/Premium, you will be allocated the agreed upon amount of credits each fortnight. Credits are valid for 28 days from the date issued. Any unused credits after 28 days from issue date will expire. One credit allows for one class or gym entry. Top up credits may be purchased online or at reception. See here for PRICE LIST for current rates.
3. When will your Membership Start?
Your membership will start on the Membership Start Date (“Membership Start Date”) set out on in Membership Application, provided that:
(a) you have agreed to these Terms, your Membership Application, and your Payment Authority; (b) you have completed a Health Check Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
(c) we have received your Total Upfront Payment as set out in your Membership Application.
4. How long will your Membership Last?
4.1 Commitment Periods
Your Commitment Periods include both an Initial Commitment Period and Ongoing Commitment Periods. You are committed to a minimum initial period of membership (“Initial Commitment Period”) such that: (a) if your Membership Start Date is the first day of a fortnightly billing period, the period of four weeks from your Membership Start Date; or
(b) if your Membership Start Date is on any other day than the first day of a fortnightly billing period, the period including the rest of that fortnightly billing period plus four weeks from the first day of the next fortnightly billing period.
Your membership will automatically renew for further two week Commitment Periods (“Ongoing Commitment Periods”) unless your membership is terminated in accordance with paragraph 8. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.
4.2 Can you suspend or “freeze” your membership?
If you wish to suspend or “freeze” your membership you may notify us of your request in writing or by completing a Change Form. There is a non-refundable Freeze Fee of $5 per week.
Your membership may be frozen for one or more consecutive whole fortnightly billing periods (i.e. a minimum of 2 weeks) but cannot be frozen for only a part of any fortnightly billing period. You can notify us at any time that you would like to freeze your membership but your Club must receive your notice at least 4 days (by close of business Sunday) prior to the start of the first fortnightly billing period you wish to freeze.
If you wish to visit the Club while your membership is frozen, a Freeze Visit Fee will apply for each visit – See Price List for current rates.
You will not be able to use your online/app booking system while frozen but can contact the Club to make a booking.
If you freeze your membership during the Initial Commitment Period, the period during which your membership is frozen will not be included in calculating your Initial Commitment Period. In other words, a freeze of your membership will also freeze the calculation of your Initial Commitment Period and will resume upon expiration of the frozen membership period.
4.3 What happens if you change your mind?
You may notify us by completing a Cancellation Form at your home club, that you wish to cancel your membership within 7 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund your Total Upfront Payment and any Membership Fees which you have paid to us after you return your Membership Card, gifts and any other documentation which we have provided to you upon joining. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the applicable visitor fee for each visit and a reasonable administration charge.
5. Membership Fees and fees
5.1 Start Up Fee
Other than as stated in paragraph 4.3 the Start Up Fee stated in your Membership Application is non refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you subsequently wish to rejoin any Club you will need to pay the Start Up Fee and Membership Fees applicable to the Club at that time.
5.2 Membership Fees
EZIDEBIT (NZ) LIMITED is the registered Direct Debit initiator of Habitat For Fitness Limited under Authorization Code 0218995.
Ezidebit shall administer the collection of payments due by you to the Club. All payments due by you shall be made directly to Ezidebit in the manner specified in the Agreement (see
As a Habitat For Fitness member you are personally responsible for payment to us of the Membership Fees and any other ongoing payments set out in your Membership Application Form as they fall due. Your Membership Fees are due for the whole of each Commitment Period even if your membership is terminated during the Period (unless you have terminated under paragraph 8.2). If your Initial Commitment Period includes a partial fortnightly billing period as provided for in paragraph 4.1(b) above, your Membership Fees for that period will be calculated on a proportional basis according to the number of days remaining in that fortnightly billing period. Membership Fees vary depending on your type of membership and also vary from Club to Club. You must pay the Membership Fees applicable to your Home Club at the relevant time.
You may only pay your Membership Fees in advance by direct debit or periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access the Club if your Membership Fees remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us in accordance with the dispute procedure set out in the Payment Authority Form. See here for EZIDEBIT TERMS AND CONDITIONS.
5.3 Changes to Membership Fees
We review our Membership Fees periodically and may change them from time to time. We will give you at least 14 days notice prior to any proposed change in Membership Fees by emailing or writing to you at the contact addresses we have on our records. If you do not wish to accept an increase in your Membership Fees you may terminate your membership in accordance with paragraph 8.1. If you do not terminate your membership you will be required to pay any revised Membership Fees from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.
We may need to adjust the availability of certain facilities at your Home Club on a temporary basis including for the purposes of cleaning, refurbishments, repairs, upgrades, maintenance, special functions and holidays.
5.4 Other membership fees and charges
Any fees or charges that may be payable for additional services and facilities, such as Freeze Fees,
Class Late Cancel / No Show Fees, Guest Fees, Personal Training Fees, and Failed Payment Fees will be set out in the Home Club PRICE LIST (as may be amended by us from time to time) available here and at the Reception of your Home Club.
6. Can you transfer your membership to another person?
No, you may not transfer your membership to another person. Your membership is personal to you.
7. Can you change your Membership Type?
Yes, you may change your membership to another Membership Type provided you complete and provide to your Home Club a Change Form and pay the relevant Membership Fees applicable to the new Membership Type as current at the time of your request.
Your Home Club must receive notice of any change to your Membership Type at least 4 days prior to the start of the fortnightly billing period from which you want the change to be effective. Student membership rates are only available to full time students. If your student status changes you must notify us immediately.
8. How can your membership be terminated?
8.1 Termination by you
You may give us notice to terminate your membership at any time by completing a Cancellation Form at your Home Club which we must receive at least 14 days prior to the date you wish to stop the RENEWAL of your Ongoing Commitment Periods.
8.2 Termination by us:
We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records if:
(a) you commit a serious or repeated breach of these Terms or the Club Rules;
(b) you otherwise breach these Terms or the Club Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so;
(c) any part of your Membership Fees remains unpaid 28 days after falling due; or (d) you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership.
If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Fees for the remainder of the then current Commitment Period.
8.3 Collection of fees
We will collect any Membership Fees and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.
9. Class cancellation policy
If you have booked in for a class and cannot attend, you must cancel at least 1hr prior to the class commencing or a No Show / Late Cancellation status will be applied to that booking.
Failure to attend your booking and early cancel will result in the following:
10. What are the Club Rules?
The Club Rules govern your use of a Club. In becoming a member you agree to comply with the Club Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are using the Club. Up-to-date Club Rules will be available at your Club and here.
11. Changes to these Terms or the Club Rules
We reserve the right to make reasonable amendments to these Terms or the Club Rules at any time. We will give you at least 14 days notice by emailing or writing to you to tell you that changes are being made and that you may see the amended Terms or Club Rules at our website or at the Club. If any amendment to these Terms or the Club Rules materially reduces the benefits of your membership you have the right to terminate your membership under paragraph 8.
12. How should you contact us?
Any written notice or completed form provided to your Home Club must be sent by email or given in person at Reception; with exception of a termination by you (see 8.1). Full contact details are available at your Home Club’s Reception.
13. Risk and your health
Exercising and using Club facilities may involve the risk of injury and you exercise and use the Club facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.
14. Liability
14.1 Recreational Activities
In the course of exercising or engaging in any Recreational Activities while using any Club facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:
14.2 Parent or guardian consent
If you are under 18, a parent or guardian will need to sign on your behalf to consent to you becoming a member and will be responsible for your obligations under the Agreement, unless we waive this requirement. By agreeing to these Terms and Conditions you are acknowledging that you are not under 18. If you are under 18 and wish to join, your parent or guardian will need to complete your Membership Application in person at the Club.
15. Your personal data
We take the privacy of our members seriously and our Privacy Policy (available at www.habitatforfitness.co.nz) explains the ways in which we use and protect your personal information.
We will collect personal information from you that may relate to your physical health or condition, including through your Membership Application Form, a Change Form and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information please contact your Home Club.
16. Your personal information
You must keep us up to date with your contact details by completing a Change Form and giving it to your Home Club if your contact details change. In the event that we do not receive a Change Form from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms. We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member.
17. Covid-19 and your membership
In the event of a lockdown level with no allowances for in person fitness services, your membership will automatically be frozen free of charge and all credit expiry dates extended for the same available period post lockdown.
In the event of a lockdown level where outdoor fitness services are permitted, your membership fees will continue as per normal – this is because HABITAT will provide a 7 day per week class schedule including outdoor in-person classes and Live Stream classes with a minimum of 70% of the normal quantity of classes available.
You will be notified via email within 24hours of any lockdown announcement to notify you of HABITAT’s services and the status of your membership. If you wish to Freeze your membership during this time, you must request this via email within 4 days of receiving your membership update email. Freezes during a lockdown period will be complimentary.
Keep up to date with Covid-19 affected HABITAT operations here: www.habitatforfitness.co.nz/covid19/
By agreeing to these Terms and Conditions by completing your Membership Application, you agree to be bound by this Agreement.
Note that the Agreement between you and us will come into force upon you agreeing to these Terms and Conditions even if a Habitat For Fitness Representative is not present.
