Gym membership terms and conditions

Make sure you have read the terms and conditions below before buying your gym membership for the Manawatū Recreation Centre and/or the Sport and Rugby Institute (SRI).

Terms and Conditions

I understand and agree to the following:

  1. Medical and Health Acknowledgements and Consents
    1. Massey Sport and Recreation staff and contractors are not medically trained and cannot assess whether you can exercise without risking your health and safety.
    2. 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. I agree to notify Massey Sport and Recreation in writing if I have any injury, illness or other condition that means I should not be using the facilities.
    3. I acknowledge that it is my responsibility to undertake a medical examination prior to joining Massey Sport and Recreation.
  2. Collection and Use of Personal Information and Privacy Act
    1. I understand that Massey Sport and Recreation will collect, store, hold and use personal information about me in the course of conducting its proper business. I understand and acknowledge that I have a right under the Privacy Act 1993 to access and request correction of any personal information held by Massey Sport and Recreation in relation to me.
  3. Termination and/or Suspension of Membership
    1. Inappropriate behaviour, while using the facilities, may result in cancellation of membership. Such conduct includes but is not limited to: bringing non-members into the facility, demeaning or offensive conduct.
    2. If, due to medical reasons, you choose to terminate your membership, you must supply Massey Sport and Recreation with notice of your intention to suspend or terminate in writing, together with supporting documentation from a qualified medical practitioner. Massey Sport and Recreation will review the notice and any supporting documentation provided by you and, acting reasonably, will accept or decline the suspension or termination offer provided.
    3. I may apply for termination if I move 30km or more away from the facilities. Massey Sport and Recreation will consider my application, with supporting evidence, and respond within a reasonable period of time.
    4. If my membership is suspended and/or terminated, other than in accordance with clause 3.2 or 3.3 above, I will not be entitled to a refund of any membership fees paid except at Massey Sport and Recreation sole discretion.
    5. If I cancel the contract Massey Sport and Recreation can charge me $150 or 25% of remaining sum owed (but not more than $150). The charge represents the amount of any reasonable expenses paid in connection with the contract and its cancellation.
  4. Transfer
    1. My membership is personal to me and it is not transferable. It is a breach of these terms and conditions to allow another individual to use my membership card.
    2. The Massey Sport and Recreation staff will consider applications to transfer membership where the member seeking to transfer has an eligible person willing to take over the remainder of the membership term.
  5. Payment of Membership Fees
    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.
    2. If I have chosen to pay by instalment arrangements, then I will ensure that the fees under this agreement are paid in accordance with the instalment arrangements in advance.
    3. If I have chosen to pay through Massey Sport and Recreation’s contractor Debitsuccess, I will make any payments in accordance with the terms agreed with Debitsuccess.
    4. Overdue payments of 30 days will result in a suspension of membership.
    5. At any time when my membership fee has not been paid up to date, I will not be able to enter or use the facilities OR I will be required to pay casual fees over and above my membership fees for their use.
    6. 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.
    7. All members will be given notice when their membership is due for renewal.
  6. Use of Membership
    1. The membership fee paid is for the entitlement to access and use the facilities, rather than the actual amount of usage.
    2. Children under the age of 15 years are not permitted in the Massey Sport and Recreation facilities.
    3. Members over 15 but under the age of 18 must have a parent/legal guardian co-sign the membership and terms and conditions from before any membership will be accepted. Members over 15 but under 18 years of age may only access the Massey Sport and Recreation facilities or use the facilities during the hours for which the Massey Sport and Recreation facilities is staffed.
    4. Massey Sport and Recreation will not close the Massey Sport and Recreation facilities arbitrarily or make changes to the hours of operation. In the event, due to circumstances beyond the reasonable control of Massey Sport and Recreation, the Massey Sport and Recreation facilities are temporarily closed, no refund for any part of membership fees will be payable.
    5. I acknowledge that the use of the facilities could involve risk of injury and/or illness and/or damage to or loss of personal property and I agree, to the extent permitted by law, that by using the facilities I personally assume those risks and Massey Sport and Recreation shall not be liable to me for any direct, indirect or consequential liability, claims, losses, damages or expenses whatsoever and howsoever arising. 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.
    6. I indemnify Massey Sport and Recreation against all liability to any person or persons howsoever arising from my use of the facilities.
  7. Compliance with all applicable rules, terms and regulations
    1. I undertake to comply at all times with the rules of Massey Sport and Recreation, including but not limited to the Code of Conduct, as amended from time to time and communicated to me. A copy of the Code of Conduct is available at pnrecreation.massey.ac.nz.
    2. 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 Massey Sport and Recreation facilities or accessing the facilities.
    3. 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 Massey Sport and Recreation facilities or using the facilities.
  8. General
    1. If written notice is required to be provided to either party under this agreement, it may be provided by post, SMS or email to the address or phone number set out on the membership form or as otherwise updated by way of written notice to Massey Sport and Recreation.
    2. Massey Sport and Recreation may be prevented from meeting its obligations under this agreement as a consequence of a cause beyond the reasonable control of Massey Sport and Recreation. In these circumstances, Massey Sport and Recreation 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.

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