T&C

Membership Terms and Conditions

Upon becoming a member or casual user of Attain Health & Wellbeing, you agree to abide by the following terms and conditions of your membership.

Attain Health & Wellbeing: Facility rules

  • Suitable clothing and footwear is to be worn at all times while working out.
  • Weights are to be placed back on the correct place after use.
  • You must use a swet towel to cover the equipment you are working out on, or spray and wipe contact points after use.
  • No spectators or non-members are allowed in the workout area, including children under the age of 15 (unless given express permission.)
  • No food or open cups are allowed in the workout area.
  • Harassment of any kind will not be tolerated, please be considerate of other members and staff.

If you fail to abide by any of these gym rules or any other requests at the reasonable discretion of a Attain Health & Wellbeing staff member, you will be formally warned. 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, Attain Health & Wellbeing staff will maintain high standards of safety for all Attain Health & Wellbeing Gym users.

Formal Terms and Conditions of Membership Agreement

This agreement is for Membership giving access to the Attain Health & Wellbeing (‘Facilities’) at Unit 4/69 Kaiwharawhara Road, Ngaio, Wellington 6035 being a trading name of a business owned and operated by Attain Health & Wellbeing (‘Attain Health & Wellbeing’)

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 Attain Health & Wellbeing (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.  Attain Health & Wellbeing 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 Attain Health & Wellbeing is liable under applicable law for losses caused by Attain Health & Wellbeing 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 Attain Health & Wellbeing 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 Attain Health & Wellbeing or any of its personnel's gross negligence, breach of this Agreement, or breach of any applicable law. 
2.3 I agree that Attain Health & Wellbeing is not liable to me for the acts or omissions of any personal trainer engaged by me whether that personal trainer was recommended by Attain Health & Wellbeing or not.

3. Collection & Use of Personal Information and Privacy Act: 
I agree to Attain Health & Wellbeing 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 Attain Health & Wellbeing in relation to me. 

4. Termination and/or Suspension of Membership:  
4.1 I accept that Attain Health & Wellbeing 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 Attain Health & Wellbeing causes me detriment, I may, by providing at least 10 days' written notice to Attain Health & Wellbeing, terminate my membership, in which case clauses 4.4 and 4.5 will apply. 
4.2 I agree that Attain Health & Wellbeing may, acting reasonably, and by providing me with reasonable notice, suspend and/or terminate my membership of Attain Health & Wellbeing 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 Attain Health & Wellbeing 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 Attain Health & Wellbeing, other than because of my breach of this Agreement, then Attain Health & Wellbeing 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 Attain Health & Wellbeing under clauses 4.1 or 4.2, other than because of my breach of this Agreement, Attain Health & Wellbeing 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 Attain Health & Wellbeing Gym as amended from time to time.  Attain Health & Wellbeing 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 Attain Health & Wellbeing, in which case clause 4.4 will apply.  
5.2 If I am a Attain Health & Wellbeing staff member then in addition to this Agreement I am subject to my Employment Agreement 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 Attain Health & Wellbeing 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 direct debit or by any other arrangement with Attain Health & Wellbeing), 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 direct debit contract, Attain Health & Wellbeing (and/or your bank 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 Attain Health & Wellbeing is truthful, complete and accurate. I also agree to answer any questions asked by Attain Health & Wellbeing that Attain Health & Wellbeing 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 Attain Health & Wellbeing 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 Attain Health & Wellbeing can charge me the amount of any reasonable expenses Attain Health & Wellbeing 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 Attain Health & Wellbeing is being unreasonable in any way, I understand that I should seek legal advice immediately. 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 Attain Health & Wellbeing 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.

Age guidelines

Persons fourteen years of age, and younger are given no admission.

Persons fifteen years of age

  • are given consideration to join the facility by management who must speak to the persons parent/legal guardian in the first instance,
  • are required to be supervised by a parent or nominated supervisor (i.e coach/teacher/trainer) at all times when using the gym, whom must be a current member,
  • are to begin with a free week trial to give staff a good indication of physical and social maturity to use the facility,
  • must use their own cash/eftpos only if wishing to purchase a membership (no direct debit).

Persons sixteen years of age

  • are given consideration to join the facility by management who must speak to the persons parent/legal guardian in the first instance,
  • do not have to be supervised when using the gym, but must begin with a free week trial to give staff a good indication of physical and social maturity to use the facility,
  • must use their own cash/eftpos to pay for membership, or if direct debit is a preferred option, the direct debit form must be authorised by a parent or legal guardian. In this case, the parent/legal guardian must complete the direct debit form on behalf of the member and indicate the member’s name under the Member Information heading on the direct debit form.

Persons seventeen years of age

  • are given standard gym usage entitlements,
  • must use their own cash/eftpos to pay for membership, or if direct debit is a preferred option, the direct debit form must be authorised by a parent or legal guardian. In this case, the parent/legal guardian must complete the direct debit form on behalf of the member and indicate the member’s name under the Member Information heading on the direct debit form