TERMS & CONDITIONS
The following Terms and Conditions apply to all members of the Hawke's Bay Blades.
An electronic copy of these terms and conditions will be sent upon you signing for your records.
Important: In the event that you are under 18 years of age your legal guardian must sign this on your behalf.
- Administration Fee means any reasonable administrative costs incurred by us in relation to a Membership.
- Agreement means this agreement, comprising of the Details and the Terms.
- Biller means Hawke’s Bay Blades or any other entity appointed for and on behalf of the Club.
- Cancellation Fee means an amount equal to 50% of the balance of your Fees for remainder of the term of your agreement.
- Class or Classes means an exercise class conducted at a Salle.
- Details means the details of your Membership, as set out in the Online Booking System and Register.
- Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third party Biller for periodic billing services.
- Fees means the fees payable for a Membership.
- FENZ means Fencing New Zealand Inc (CON 223294), its related body corporates and affiliates and includes any successor or assignee.
- Guest means any person who attends a Salle who is not a Member.
- HBB means Hawke’s Bay Blades, its related body corporates and affiliates and includes any successor or assignee.
- Instructor means any person who is instructing, or assisting with the instruction of, a Class.
- Member means a person who holds a Membership for a Salle.
- Membership include an annual membership, half year membership, month to month membership and a multi pass membership.
- Online Booking System means the online booking system whereby Members can view and select a Class or Event to attend and purchase a Membership.
- Pre-Exercise Questionnaire means the questionnaire or other screening we may require you to answer before using the Salle or participating in a Class.
- Salle means any Fencing Training Venue and any legal entity associated with the same.
- Salle Rules means the rules referred to in clause 5.3.
- Terms means these terms and conditions.
- “us” or “we” means the Salle to which you have agreed to become a Member.
- “you” means the Member the subject of these Agreement.
2. FEES & TERM
2.1. The Fees you have to pay and the term of this Agreement are set out in the Details.
2.2. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to a Salle until all outstanding amounts have been paid.
2.3. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
2.4. If you pay any Fees, by direct debit, then this will be through Hawke’s Bay Blades. You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services.
2.5. By nominating a credit or debit account, you authorise the Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.
2.6. Late payment: If payment of any fees has not be made within three days following the relevant due date, in addition to the fees, the following amounts shall become payable by you on demand:
(a) a late payment administration fee;
(b) an amount equal to all costs of collection (both prior to and after any legal action) incurred in connection with collection of your late or unpaid fees (including but not limited to collection agency costs, court costs, and solicitor’s fees),
(c) default interest at the rate of 1% per month (12% p.a.) on all outstanding amounts between the relevant due date of such amount and the date on which such amount is paid in full.
2.7. Your payment responsibilities: You are responsible for:
(a) making sure your nominated account is set up to accept the Biller’s direct debit;
(b) making sure there is enough money in your nominated account on the payment day; If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the Biller, which may be added to your next debit amount, and
(c) ensuring you let us know if you decide to change your bank and/or nominated account prior to any change being made.
2.8 Membership fees include GST:
(a) our membership fees include goods & services tax (GST) any increase in GST will increase your membership fees.
3. MEDICAL & HEALTH ACKNOWLEDGEMENT & CONSENT
3.1. When you become a Member and each time you use a Salle or participate in a Class, you confirm that:
(a) you are in good physical condition and know of no medical or other reason why you should not exercise.
(b) you have been advised to consult a doctor before taking part in any exercise programme, and that you will follow any instructions and advice given by them.
(c) you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
(i) active or passive exercise; or
(ii) participating in a Class.
If you are unsure about any of the matters set out above, you should not use the Salle or participate in a Class until you have sought appropriate medical guidance and been given the go ahead.
3.2. You must not participate in a Class if:
(a) you have an infection, contagious illness or physical ailment, such as an open cut or sore
(b) there is any other risk, however small, to yourself, other Members and/or Guests.
3.3. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.
3.4. You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
3.5. You promise that information you give us will be true and accurate and not misleading in any way.
3.6. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause 3.
4.1. When you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:
(a) transferred to and stored out of New Zealand, including to a country that does not have the same level of privacy protection as New Zealand;
(b) disclosed to and used by FENZ and Fencing Central; and
(c) disclosed to and used by Hawkes Bay Blades, the rights holder in relation the Hawkes Bay Blades brand, marks and training programs.
4.4. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
4.5. You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us, FENZ or Fencing Central.
5. YOUR RESPONSIBILITIES TO US & OTHER MEMBERS
5.1. You must use the Salle and equipment correctly according to their property use.
5.2. For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.
5.3. Salle Rules apply to everyone attending the Salle or participating in a Class. They are usually displayed in the Salle. Salle Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. If you break any of the Studio Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Salle Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
5.4. You promise to take care to use the Salle and all exercise & training equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor or another staff member before you use it.
5.5. You agree to pay for any loss or damage to the Salle and its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this Agreement.
5.6. You agree to follow any reasonable direction of a member of Salle staff relating to health, safety or security or related matters.
5.7. You are responsible for any personal property that you bring into the Salle premises. Any personal property that you bring with you is at your own risk.
6. COMMERCIAL ACTIVITY
6.1. You acknowledge that engaging in any commercial or business activities in the Salle, such as offering training services or selling goods in the Salle is prohibited unless the Salle grants you written permission to do so. If the Salle gives you written permission, it can be revoke this at any time.
7. SUSPENDING YOUR MEMBERSHIP
7.1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12-month period you may freeze your Membership 2 times for up to 3 months for both periods combined.
7.2. We may agree to freeze your Membership for more than the period noted in clause 7.1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.
8. CANCELLING YOUR MEMBERSHIP
8.1. You can cancel your Membership at any time by telling us in writing if you cannot use the Salle or participate in a Class because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
8.2. If you cancel under clause 8.1, we can charge you the Administration Fee. You will also be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis).
8.3. A Cancellation Fee is payable if you want to cancel your Membership for your convenience during the term of your agreement. It is an amount equal to 50% of the balance of your Fees for remainder of the fixed term of your Agreement.
8.4. If your Agreement is for a fixed term, it will continue after the end of that term unless you tell us in writing at any time (but at least 30 days) before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term but it is less than 30 days before, your Membership will continue for another 30 days before it ends.
9.1. In addition to our other rights under this Agreement, we may terminate your Membership if you breach any obligation under this Agreement.
9.2. If we terminate your Membership under this clause 9, you will be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
9.3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may terminate your Membership if you become bankrupt or insolvent.
9.4. We have the right to terminate your membership immediately if you behave in a way that we consider is inappropriate or carries a serious risk of injury or damage to you, other members or the Salle facilities, such as by way of example only:
(a) threatening or harassing other members.
(b) damage to the Salle or equipment.
(c) using illegal substances.
(d) engage in a commercial activity without our consent.
10. OUR LIABILITY
10.1. We undertake to you to provide our services with all due competence, skill and care.
10.2. Where we have met our undertakings to you, no claim may be made against us:
(a) if you do not honour your undertaking as set out in clause 3.
(b) for any loss or damage of any kind whatsoever to your personal property which you bring into the club at your own risk despite the terms of this agreement.
(c) for any loss or damage of any kind whatsoever to you or your personal property which has been caused by a third party who is not connected with our services and facilities.
(d) for any loss or damage of any kind whatsoever to you or your personal property which has been caused by events that are beyond our control and that could not have been foreseen and prevented even if we had used all due competence, skill and care.
10.2 Risk of injuries and release of liability
(a) We warn you that, while on our premises, you may be exposed to certain risks. By entering into this Agreement and on every occasion you use our facilities and participate in an exercise or fitness programme, or any other activity, you acknowledge and accept our warning of risk of injuries set out above and that your membership is subject to the risk of injury to you, and release us from all liability.
10.3 To the extent permitted by law, neither we (nor any of our employees, contractors, agents or representatives) nor you will be liable for any loss of profits, or any consequential, indirect or special damage or damage or injury of any kind suffered by the other party to this agreement
10.4 Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
11.1. Each Guest agrees to and must otherwise comply with this agreement as if a reference to a Member was a reference to a Guest.
12. GENERAL LEGAL MATTERS
12.1. We are not responsible if Members cannot use our Salle because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
12.2. If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
12.3. If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
12.4. You agree that we have not made any representations or promises that you have relied that are not in this Agreement.