Membership Terms & Conditions
PLEASE READ CAREFULLY
I have read and understood this document including the Terms & Conditions and understand that it is a legally binding document. I can cancel this contract within 5 working days of this agreement being signed (see Section 8 How to Cancel Your Membership).
If I do cancel, the Joining Fee will be forfeited and I will pay the casual rate of $15 per day that I have been a member, and for any goods or offers that I have received upon joining. Should I fail to inform Forge Fitness of my request for termination of this agreement, and I terminate it, I accept liability for all costs involved.
1. USE OF THE CLUB:
Your membership gives you the right to use the club facilities during normal opening hours and under the terms of this Agreement.
It does not cover additional costs like food or drink, special classes, or personal training, which you must pay for separately. We will take reasonable care to ensure that facilities are available but sometimes demand from other members or circumstances beyond our control, such as equipment under repair, may mean that the equipment you want to use may not be available. The gym may also be closed due to occurrences beyond our control, such as natural disasters (e.g., fire, flood, earthquake, etc.) or otherwise, see 12. FORCE MAJEURE.
We do not guarantee that the class schedule or timetable at the time of joining will be available throughout your term as classes may change and/or be cancelled. Class sizes are limited so you may also have to book classes in advance. Failure to attend after a confirmed booking may result in a fee and/or a temporary suspension of booking privileges.
It is your responsibility to use the club safely and to take care of your own health and property. Personal injury by accident in New Zealand is covered by the Accident Compensation Act or other personal insurance.
2. CONSENT, LIABILITY WAIVER AND INDEMNITY:
2.1 I acknowledge that by the use of the club’s premises, facilities, equipment or other services for unsupervised weight training, cardio training or any other form of fitness, strength, flexibility or weight loss training or exercise (hereafter “Training”) involves an inherent risk of injury or even death.
2.2 I acknowledge that I am voluntarily participating in any Training, including the associated use of the club’s premises, facilities, equipment or other services with the knowledge of the risks involved. I hereby assume all responsibility for my use of the premises, facilities, equipment or other services in respect of the Training.
2.3 I warrant that I am not suffering from any condition, disease, incapacity or other impairment that would prevent me from participating in any Training and have either sought medical advice about my ability to participate in Training or have decided to participate in Training without medical advice. I warrant that the information I have provided to the club regarding my medical condition(s) or other information is correct. I acknowledge that the club has not and will not provide me with medical advice.
2.4 I acknowledge that while the club will take practicable steps to reduce the risks and ensure the safety of equipment and facilities used for Training, the club can’t eliminate all risks.
2.5 I hereby waive, release and discharge the club, its officers, employees, agents, contractors, assigns and successors from and against all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer concerning personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of my presence in, upon or about the premises as a consequence of my use of the facilities and equipment for Training or otherwise to the maximum extent permitted by New Zealand law.
2.6 I agree to indemnify and hold harmless the club, its officers, employees, agents, contractors, assigns and successors from all losses, liabilities, damages, cost and expenses that they may incur, for any whatsoever, that may arise as a result of my participation in any Training and my presence in, upon or about the club’s premises.
2.7 I acknowledge that I have read this waiver and have been allowed the chance to seek legal advice if I wish and have either sought advice or decided not to seek advice. I acknowledge that I fully understand the terms of this waiver, and have signed it voluntarily. I confirm that I am over 18 years, or if under 18 years, this waiver has been signed by my legal guardian. I agree that this waiver binds my heirs, next of kin, executors, administrators and successors.
3. CLUB RULES AND PROCEDURES:
You must comply with club rules and procedures at all times while using the facility. These rules and procedures are designed to allow all members to get the maximum benefit from their membership and may change from time to time. Copies of the Gym Rules & Etiquette are available at the front desk and are posted throughout the gym. You must not carry out any illegal acts on Club premises and you must comply with our health and safety requirements. You must look after your own property, respect staff and other members, and you must not take photographs in the club without our permission and the permission of every person in the photograph. You must not engage in any training inside the club from any Personal Trainer, Fitness Instructor or another person who is not employed or approved by the club. Nor must you provide any Personal Training services to any members unless agreed to by the club.
4. TERMINATION BY US:
We may terminate your membership immediately if you (or the person you are acting as Guarantor for) carry out any activity which is illegal, offensive, dangerous to other people or you or if you act in serious breach of club rules & etiquette. If we terminate this agreement because of your actions, we will not be liable to you. The final amount to be paid will be calculated as per clause 10. TERMINATION BY YOU/US
Should you (or the person you are acting as guarantor for) cause any damage to the fitness facilities or to our services that is deemed deliberate or negligent or a direct breach of these terms you will be liable to the club for the cost of repair or replacement.
6. MY PRIVACY:
I understand that you will keep a photograph of me and/or a record of my personal identification for administration purposes and that there is CCTV and audio recording in the club for security and safety purposes. I understand that if I do not give you the information you need my membership may be terminated, and that you will only use my personal information for administration, credit and marketing purposes in accordance with the Privacy Act 2020.
7. PAYMENT BY DIRECT DEBIT:
During the initial (minimum) period of time (referred to as the ‘Initial Term’) you may not cancel your membership except as set out in these Terms & Conditions (see “Termination by You/Us” below). After the Initial Term, your payments will continue until you advise us of your cancellation of this agreement (see “How to Cancel” below). You will not be informed when your Initial Term has been met. You must continue paying even if you do not use the club. The membership rate quoted is a weekly rate and must be paid either in full or by direct debit which may be processed on or after the date due, but not before. If paying by direct debit it is your responsibility to make sure that there are sufficient funds in your account. Your account will be debited on a Thursday unless it is a public holiday, whereupon it will be debited the following day.
Your payments will not increase during the Initial Term unless required by law. After the Initial Term, we may increase the rate. If your rate is to be increased we will give you at least one month’s notice in writing by email. If you do not wish to accept that increase after your Initial Term has been met then you may cancel your membership (see ‘How To Cancel’), but you must inform us before the first Direct Debit at the new rate (see “How to Cancel) below.
When payment(s) are missed, any overdue amount will be added to your next Direct Debit. All costs associated with recovery of any missed payments will be added to any amounts due, and all reasonable collection agency costs (if any). We may terminate your membership at any time two or more payments are overdue and we will not be liable to you.
8. HOW TO CANCEL YOUR MEMBERSHIP:
You may only cancel your membership with Forge Fitness by completing a Membership Cancellation Form on our website:
Cancellation will take effect 30 calendar days after we receive a completed Membership Cancellation Form, whether you are paying by Direct Debit or have paid in full.
9. HOW TO TRANSFER YOUR MEMBERSHIP:
Alternatively, you can ask us to transfer your membership to another person (providing that person meets and complies with our standard membership requirements) for the remainder of your Initial Term. There will be a transfer fee of $30 plus the then-current Joining Fee.
10. TERMINATION BY YOU/US
Regardless of the membership type, you have signed for, if the contract is terminated before the end of the Initial Term we reserve the right to charge you a cancellation fee of $150, plus the required period of 30 calendar days as outlined in clause 8. HOW TO CANCEL YOUR MEMBERSHIP
11. MEMBERSHIP FREEZES:
You can suspend your membership for medical or travel reasons only, by contacting us in writing, prior to the period of the freeze requested. Each freeze must be for a minimum of 14 days and for a maximum of 30 days per 12 month period. Your Initial Term will be extended by the length of the freeze. After your Initial Term, you can suspend your membership for a minimum of 30 days and a maximum of 30 days in any 12 months after the anniversary date of your joining. If you use the club during a freeze period, your membership will restart immediately. Freezes cannot be claimed retroactively.
12. FORCE MAJEURE:
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
If any of the club facilities are closed for reasons beyond our control, we reserve the right to continue to charge membership fees.
We will endeavour to reduce the fees or consider extending memberships should the closure extend longer than 14 days. Any members who are in financial hardship can contact Forge Fitness to discuss their options – Contact Us.
13. CONDITIONS OF ENTRY
You agree to the conditions of entry to the gym. Please note that these conditions may change from time to time due to situations outside our control. Current conditions of entry will be on display at the entrance to the gym and we will attempt to notify members of any changes via email and/or Social Media.