RAW Fitness Gym

Waiver and Terms and Conditions


EMERGENCY CONTACT

 

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.

RAW Fitness, 
6/47 Totara Street, Mount Maunganui, 3116. Email: info@rawfitnessbop.com

All communication relating to this contract is to be sent directly to RAW Fitness.

Payments

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.

Privacy

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.

Liability

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.

Entitlement

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.

Suspensions

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.

Entire Agreement

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.

Medical Waiver

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.

WAIVER

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”)

DEFINITIONS:

In this agreement:

  •   The term “ATHLETIC ACTIVITY OR “ATHLETIC ACTIVITIES’ includes but is not limited to personal training, fitness classes, online training, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Weightlifting, powerlifting, strongman training or competitions, gymnastics, strength condition, metabolic conditioning, plyometric, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports and programs, clinics, seminars and services provided to the athlete by RAW FITNESS.
  •   The term :”INJURY” shall refer to all forms of physical, mental  and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks,. Strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, hypothermia, heat illness, dehydration, trauma, anxiety and fears.

DISCLAIMER:

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:

  •   Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, and so forth;
  •   All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping running, walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment:
  •   Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyo boxes:
  •   Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others:
  1. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses; And, I do hereby further acknowledge and agree:

(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:

  1. i)   TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against RAW FITNESS and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns(all of whom are hereinafter referred to as the “RELEASES”) and TO RELEASE THE RELEASES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES:
  2. ii)  TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities:

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:

  1. iv) That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  2. v)  This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand and no other jurisdiction; and
  3. vi) Any litigation involving the parties to this Agreement shall be brought solely within New Zealand and shall be within the exclusive jurisdiction of the Courts of New Zealand. 

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.

Regards,

RAW Fitness Bay of Plenty

6/47 Totara Street

Mount Maunganui, 3116

info@rawfitnessbop.com

 

Leave this empty:

Signature arrow
RAW Fitness Gym https://rawfitness.nz
Signature Certificate
Document name: Waiver and Terms and Conditions
lock iconUnique Document ID: e978ea769571ca8f081124024586fc4783d8bc0d
Timestamp Audit
May 5, 2020 4:16 am NZDTWaiver and Terms and Conditions Uploaded by Keepa Mewett - info@rawfitnessbop.com IP 122.61.248.159