Waiver and Terms and Conditions
ACCEPTANCE: I have read and understand the Terms and Conditions of this form outlined below.
MEMBERSHIP TERMS & CONDITIONS
Parties to the Contract:
The "Gym" means RAW Fitness and The "Member" means the person or party signing this Contract.
6/47 Totara Street, Mount Maunganui, 3116. Email: firstname.lastname@example.org
All communication relating to this contract is to be sent directly to RAW Fitness.
The member agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated. Membership and payments will automatically continue following the minimum term if notice is not given to cancel the membership as per below.
Cancellation of Membership – AFTER the member’s minimum term
The member may request cancellation of this Contract to take effect at the completion of or after the expiry of minimum term and after all instalments and fees up until the date of termination are paid in full.
To cancel this Contract the Member must contact RAW Fitness and give 30 days’ notice for HQ memberships (or 7 day’s notice in the case of a Month to Month membership) in writing (email) of the termination request. Online memberships require 7 day’s notice in writing. Any payments that fall due within this notice period shall be payable in full and the member shall be entitled to full use of their membership at the gym for any time paid for during this notice period.
The Member shall not consider that this membership has been terminated until such time as this is confirmed to the Member by RAW Fitness. Early termination will still require full payment of your total remaining membership term.
The Member acknowledges that personal information collected by or held by RAW Fitness may be used by third parties approved by the gym for admin/membership services.
The member also acknowledges any photo or video footage taken by staff of RAW Fitness may be used for marketing material and can also be re-used by the member for personal use.
To the extent permitted by law, RAW Fitness shall not be liable or responsible to the member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatsoever and howsoever arisen.
Ezidebit NZ Ltd and Stripe
RAW Fitness has authorised Ezidebit NZ Ltd and Stripe to administer the collection of payments due to the gym.
All payments due by the member are made directly to Ezidebit NZ Ltd or Stripe, as if it were the gym owner, without requiring your consent or any involvement on the part of the gym.
Baycorp New Zealand
RAW Fitness has authorised and nominated Baycorp Limited as our debt collection service. Failure to meet contractual obligations regarding payments will be forwarded to Baycorp to follow up if required.
The Member acknowledges that provision of services provided by the gym may change and for the purposes of this Contract is based on "entitlement" to use and not on actual use.
HQ Members agree to be bound by the rules of the Gym.
RAW HQ may remove entitlement of use of the Facility if the Member fails to comply with the rules of the facility or fails to make payment of any fee on the due date.
Increase in Fees
At any time after the end of the minimum term upon sending written notice (mail or email) to the Member's last known address the instalment amount may be increased.
RAW Online memberships can not be suspended.
HQ memberships may (at the discretion of RAW Fitness) suspend their membership and payments due to either serious illness/injury, working away and holidays. A minimum of 7 days’ notice in writing (email) is required.
All suspensions of HQ memberships are a minimum of 2 weeks at a time and will require a $25 a week maintenance fee unless a medical certificate for injury is supplied, then the fee will be waived. If the member wishes to cancel after the suspension, the standard cancellation policies apply as per the guidelines above.
This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between the Member, and RAW Fitness relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
The member takes full responsibility when using the Gym, using the training programme and/or attending classes.
The gym advises that any person undertaking physical activity should seek medical advice first.
Release of Liability, Waiver of Claims, Assumption of Risk,
Indemnity Agreement and Jurisdiction Agreement
By signing this document you will waive certain legal rights, including the right to sue.
WAIVER TERMS & CONDITIONS
TO: RAW Fitness owners, volunteers, directors, officers, employees, trainers, instructors, agent’s officials, independent contractors, servants, representatives, successors and assignees (hereinafter referred to as “RAW FITNESS”)
In this agreement:
RAW FITNESS and their owners, volunteers, directors, officers, employees, trainers, instructors, agents officials, independent contractors, servants, representatives, successors and assignees (hereinafter referred to as “RAW FITNESS”) are not responsible for any death, injury loss, or damage of any kind suffered by any person while using RAW FITNESS facilities, participating in or watching RAW FITNESS activities, caused in any manner whatsoever including, but not limited to, the negligence of RAW FITNESS. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any RAW FITNESS athletic activities or any condition of the facilities or equipment of RAW FITNESS, some of which include:
(a) That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy:
(b) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history and current physical, mental and medical condition to RAW FITNESS:
(c) That although RAW FITNESS takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for RAW Fitness to make these athletic activities completely safe:
(d) That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities and for my post activity rest and recovery
(e) That I will learn and obey the rules and regulations of RAW FITNESS, and that I will follow the instructions and directions of RAW FITNESS during athletic activities:
(f) That I will inform RAW FITNESS immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities
(g) That I may stop participating at any time and that I may be directed to stop by RAW FITNESS should I display noticeable signs of distress
(h) That I consent to receive first aid and medical treatment by the RAW FITNESS in the event of an accident, injury or illness during athletic activity
(i) That RAW FITNESS may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND JURISDICTION AGREEMENT
In consideration of RAW FITNESS, allowing me to participate in RAW FITNESS Athletic Activities, and for other good and valuable consideration, the receipt of sufficiency of which is acknowledged, I hereby agree as follows:
iii) TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities:
In entering into this agreement I am not relying on any oral or written representations or statements made by RAW FITNESS with respect to the safety of athletic activities other than what is set forth in this Agreement.
This agreement must be completed in full, initialled where indicated, dated and signed prior to participating in any RAW FITNESS athletic activities.
RAW Fitness Bay of Plenty
6/47 Totara Street
Mount Maunganui, 3116
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Document Name: Waiver and Terms and Conditions
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