Membership Terms and Conditions
24 Hour Membership of assumption or risk and release of liability
RELEASE AND INDEMNIFY
I understand that the risk from injury from activities carried out at Flex Fitness or any fitness club is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an unsupervised fitness club and assume all risks associated with using exercise equipment in Flex Fitness without the aid and supervision of staff members on the premises.
I understand that Flex Fitness is a privately owned fitness club and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers and affiliates, agents and employees (”releases”) WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES or otherwise, that may arise out of or in connection with my use of the equipment or the facilities at the club premises or any incident that occurs while using the club’s facilities or engaging in club activities, or off the club premises or, otherwise related to my club membership.
I will keep the Releasees indemnified against all claims, actions, losses and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:
a) The neglect or careless use or misuse by myself or any guest under my control of the club facilities or equipment.
b) Any accident or damage to property or persons arising from any occurrence in or near the Club’s facilities, solely or in part by reason of any act of omission by myself or any guest under my control.
I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into this Agreement.
MEMBERSHIP TERMS AND CONDITIONS
In this agreement, the following terms apply:
● Agreement: the Membership Agreement made between you and Flex Fitness.
● Club: means the Flex Fitness club where you applied for your membership as described in this Agreement.
● Cancellation: a Member must provide written notice to their Club or to Debitsuccess of their intention to cancel the membership.
● Early termination: means a cancellation inside the minimum contract term of the Membership.
● Early termination fee: means the lesser of;
(a) 25% of the remaining instalments due from the date of termination to the expiry of the Minimum Term; or
● Facilities: refers to the facilities available at the Club that your membership belongs to and includes, but is not limited to, bathroom and changing facilities, showers, sauna, supplement bar and other facilities located inside your Club that are available to members of Flex Fitness.
● Flex Fitness: the Franchisee operating the Club pursuant to a franchise agreement with Flex Fitness New Zealand Limited and includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
● Foundation membership: means the pre-opening membership option where the reduced instalment amount only applies while the membership remains at the Club you signed up with for the Foundation Membership initially and is subject to change if the membership is transferred to another location during the Minimum Term as a result of increased access to a Reciprocal Club.
● Home Club: refers to the Club that a member joins initially as their primary Club.
● Member: the person entering into this Agreement for the purpose of accessing the Facilities and Services at Flex Fitness.
● Minimum term: means the agreed minimum term for this Contract as set out in the Payment Plan Section.
● Reciprocal Club: refers to other Flex Fitness locations that are not the members' home club that a member, who has a membership which includes reciprocal access as a benefit, may access using their 24/7 access key.
● Services: refers to the services available to members or customers at Flex Fitness that may be included in your specific membership type or available as a service that is additional to your membership. Services may include, but are not limited to, strength and resistance training equipment, cardio equipment, free weights and accessories, group fitness classes, small or large group training sessions, personal training sessions, body composition scanning, nutritional and exercise advice and expertise.
● Suspension: means a member may request a temporary hold on their membership and payments for medical, health or personal reasons.
● Transfer: means a membership may be transferred from the Home Club to a new Club if there is an increase in a member’s access to a Reciprocal Flex Fitness club, as determined by mandatory key tag access.
● You: the person described in this agreement who is applying for the Flex Fitness membership.
1.1. Nature of membership:
Your membership permits you to use Flex Fitness premises, facilities, equipment and services as defined by the membership type selected upon joining. Your membership is non-transferable by you unless deemed appropriate by Flex Fitness management. Flex Fitness reserves the right to sell memberships at different rates and terms within different regions across the country. Membership fees and rates are determined by average regional operating expenses for the business and consider the local market within a particular region.
1.2. All club privileges:
Your membership entitles you to utilise any Flex Fitness facility across New Zealand using your 24/7 access key, provided that you are not in breach of any part of this agreement or rules posted in the club, or your membership is not in arrears, or unless otherwise stated in the Special Conditions or terms and conditions of a specific membership type. An overdue membership may only be used at the member’s home club until all arrears have been paid in full or a payment catch-up plan is in place. Complimentary and concession membership types do not include Reciprocal Access and are limited to single club access only at the location they were issued.
1.3. Membership transfers – Paid Upfront:
Members who have paid for an upfront membership are able to transfer their membership to another Flex Fitness Club if both the departing and receiving Club agree, and the departing club agrees to pay the receiving Club the balance of the pre-paid membership.
Alternatively, a member may be permitted to transfer the remaining term of their upfront membership to a new person at the same club. A transfer fee applies to the transfer of membership between persons.
1.4. Membership transfers – Direct Debit:
Members who pay by Direct Debit may be transferred between Flex Fitness facilities without notice subject to the following conditions:
a) a Foundation Membership has remained at the Home Club for a period of at least 3 months
b) The membership is not in arrears for any fees or services
c) The Member utilises the services and facilities of a Reciprocal Club more frequently or instead of their Home Club in accordance with the Transfer Policy as set out by the Flex Fitness franchise.
Members who pay by Direct Debit may transfer the balance of their membership within the minimum term to another person at the same Flex Fitness facility subject to the following conditions:
● The transfer fee has been paid at the Club
● The membership is not in arrears
● The member has taken all required steps to arrange to transfer the balance of their membership to another person, including identifying the new member who will take over the remaining balance of the membership.
1.5. Foundation membership:
Members who register and complete a Flex Fitness Membership Agreement form prior to the Club's opening date are defined as a Foundation or Pre-Opening Member. A Foundation Member has the privilege of maintaining the value and benefit of their membership for the life of the agreement on the condition that the membership remains at the member’s Home Club. Foundation memberships that are transferred to another location are subject to their rate being increased to match that of a standard membership at the Club that the membership was transferred to, and the benefit of the pre-opening rate may be lost.
2.1. 24-hour access
Flex Fitness is a 24-hour franchise and all members, except those under the age of 16 or on an off-peak membership type, are permitted to access Flex Fitness 24/7, provided an access key is used to scan into the Club on arrival. All members must have their own key tag and use it at each arrival and departure, if available. Members may not share or swap key tags or loan them to any other person. Flex Fitness has the right to deny entry to any person who cannot produce a valid key tag upon entry. Access may be revoked to any member who is in breach of the Membership Agreement, is abusive, physically, or verbally, towards staff or members, permits access to non-members outside staffed hours without written permission from the Club, or is in arrears with their membership payments.
2.2. Unauthorised guest access
Flex Fitness only grants its members 24-hour access to its Facilities. Any member who brings a non-member into the Club during unstaffed hours acknowledges that:
a) They accept responsibility and liability on their personal behalf for any injury, loss, damage, or theft attributed to the non-member whether or not caused through the negligence of Flex Fitness.
b) They may be charged for any costs associated with any injury, loss, damage, or theft that occurs as a result of the unauthorised guest entry.
c) Their membership may be terminated effective immediately with a $250 non-compliance fee charged to the members nominated bank account, and
d) They will be prohibited from re-joining any Club operating under the Flex Fitness brand.
2.3. Reciprocal access
All members must purchase a key tag upon joining. Key tags assigned to a member with a membership type that includes Reciprocal access will grant access to all Flex Fitness locations. Reciprocal access includes normal gym use but access to additional services, including group fitness or small group training, needs to be pre-arranged with the Reciprocal Club and normal visitor fees may apply. Members should inquire with the Reciprocal Club if they wish to access services outside those offered at their Home Club.
2.4. Additional services
All memberships include unrestricted access to all cardio and pin or plate-loaded strength equipment, free weights and accessories. Some Clubs may offer group fitness classes as a complimentary service to their members, however, there may be costs associated with additional services including, but not limited to, group fitness classes, small group training, personal training, nutritional advice and meal plans, body scans or measurements. The services included in your specific membership type will be outlined in the Special Conditions or the membership description section of your membership agreement.
2.5. Suspension of membership
Flex Fitness may suspend your membership if you qualify under the membership suspension conditions set out by the Club. To be eligible for a membership suspension you must be in good standing with all processing and enrolment fees paid and you must be current on your membership fees. Suspensions may be applied for a maximum of 3 months and must have an end date. Suspensions longer than 3 months require evidence of a medical certificate. Suspension fees may apply. Memberships may be automatically suspended during a government mandated shutdown. Suspension fees will not apply to suspensions that occur as a result of such suspensions, but the member may opt-in for voluntary payments to support their Club during these times if they choose.
2.6. Transferring membership to a new person
A member may opt-out of their membership during the minimum contract term by transferring the remaining balance to a new person. It is the responsibility of the member to find a person to take over the membership and arrange an appointment with their Club and the new person to process the membership transfer. The membership can only be transferred to a new person at the same club.
3. Membership fees
You agree to pay the fees as set out in the Membership Agreement and agree to be bound by the direct debit terms and conditions as defined by Debitsuccess.
3.1. Membership payment
You agree to make the payments outlined in this Membership Agreement as described for the services included in your membership type. At any time, you may contact your Club or Debitsuccess to update your payment day, frequency or payment method to suit you and to ensure that all payments due are received on time.
3.2. Early cancellation fee
Cancellation within the minimum term of the membership will incur a maximum cancellation fee of $250 or 25% of the remaining balance of the minimum contract term, whichever is less. The early cancellation fee can be paid over the counter at your Club or via Debitsuccess. The membership will remain active, and all due payments will continue until the early cancellation fee and/or any amounts owing have been paid in full.
3.3. Transfer fee
A member who opts to transfer their membership and the remaining balance of their minimum contract term may do so, at the discretion of their Club, and will incur a transfer fee of $49. This fee is payable at the Club at the time the membership is transferred from the existing member to the new member.
3.4. Suspension fee
A member may request to suspend their membership at the Club at a weekly rate of $5 for no longer than 3 consecutive months. Any extension to the suspension will be at the discretion of the Club and evidence of a medical certificate may be required. A request to suspend must be made in writing to the Club via email or by completing a suspension form online with your Club.
3.5. Membership fee increase
Flex Fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. Flex Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect no less than 30 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. At the end of the 30-day period, you authorise Flex Fitness and/or Debitsuccess to debit the new amount to your nominated bank account.
3.6. Administration fee
A one-off $20 administration fee is payable to Debitsuccess and will be collected with the first instalment.
3.7. Dishonour fee
A member is subject to a $10.00 administration fee collected by Debitsuccess in the event that a direct debit membership payment is dishonoured by their financial institution. A payment may be dishonoured as a result of insufficient funds, an expired, unauthorised or invalid payment method or due to a payment stop applied by the member at their financial institution.
4. Cancellation, termination and refund
Flex Fitness reserves the right to terminate the Member’s privileges in the event of the following:
● A paid upfront membership is not renewed prior to its expiry date.
● A direct debit membership is in arrears for any fees or services.
● A Foundation membership is transferred to another Flex Fitness club.
● A member’s conduct is improper or harmful to the best interest of Flex Fitness and/or its members.
● A member’s conduct directly results in damage, theft, loss of property, or loss of revenue.
4.1. Basic cancellation rights and refund
You may cancel your membership and receive a refund of any unused portion of a prepaid membership if you qualify as follows:
a) Permanent Sickness or Physical Incapacity: Your disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing.
b) In case of death, your estate must provide written evidence. In either case, Flex Fitness will refund any unused portion of prepaid membership.
4.2. Termination of direct debit membership - outside the minimum term
If you have a direct debit membership at Flex Fitness, and you are outside of your minimum contract term, you may terminate the membership by providing:
a) An approved method of written notice to your Club - 14 days’ notice applies, or
b) Notice to Debitsuccess - 14 days’ notice applies, and
c) The member returns their access key when the membership ends.
Once your Club or Debitsuccess has received your notice to cancel, your membership will be set to expire within 14 days. The membership will close after all payments due within the 14 days have been received, provided the account does not become overdue in that time.
4.3. Termination of a direct debit membership - inside minimum term
If you are still within the minimum contract term you may cancel your membership with immediate effect by paying the early cancellation fee of $250 or 25% of the remaining balance, whichever is less. Notice of effective immediate termination must be received at least two (2) days before your next projected debit date to allow Flex Fitness and/or Debitsuccess sufficient time to process your termination before the next debit is due.
4.4. Termination of prepaid membership
If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), except for the reasons stated above in sections 4.1 (a) & (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
4.5. Termination for cause by Flex Fitness:
Flex Fitness may, at its discretion, terminate your membership effective immediately if;
a) you fail to make timely payments under any payment plan,
b) any direct debit payments or fees are late,
c) you fail to follow any of Flex Fitness membership policies, conditions of entry or Club rules, or violate any part of this Agreement; or
d) your conduct is improper or harmful to the best interest of Flex Fitness or its members.
Termination is effective on the date Flex Fitness sends written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, Flex Fitness will not refund any unused portion, and you must immediately return your membership access key.
4.6. Effect of termination and financial obligation:
Upon cancellation or termination, your right to use the Facilities ends and Flex Fitness can deny you access to any Flex Fitness club. Any money owing to Flex Fitness when your membership ends remains immediately due and payable and Flex Fitness will deduct the amount outstanding from any refund for which you may be eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.
5. Minimum age
All Members of Flex Fitness must be a minimum of 14 years of age. All minors under the age of 18 must have a parent or guardian co-sign a Parent Consent form. Minors under the age of 16 must comply with the following restrictions:
a) access during staffed hours only - their access key will automatically have these restrictions applied by reading the Members date of birth,
b) a parent consent form was signed or acknowledged and returned to the Club,
c) a pre-exercise questionnaire is to be completed by a parent or guardian,
d) a qualified Personal Trainer to undertake a pre-exercise assessment and then provide an exercise program for the minor prior to commencement of the exercise.
6. Panic alarms
Panic alarms are available throughout the Club, located on the walls and inside each changing room and bathroom. There are also panic pendants available to be worn around the neck. Panic alarms are for emergency use only and do not unlock or open doors. Misuse or deliberate tampering of panic alarms will result in a security call-out, and the call-out fee may be charged to the member responsible for any non-emergency call-out.
7. Unstaffed hours
Flex Fitness operates on a 24-hour basis and is accessible by Members outside of staffed hours using their access key. As a member utilising the Facilities you acknowledge that you enter and use the Facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
8. Staffed hours
The staffed hours for the Club are displayed at the entrance to the Club and located on each Club’s individual website and Facebook pages. Flex Fitness reserves the right to make amendments to staffed hours at any time without notice.
9. Video surveillance
For security purposes, Flex Fitness uses video surveillance equipment to monitor the Club on a 24-hour basis. By signing this Agreement, you acknowledge that by accessing the Facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas.
10. Photography and filming
For privacy reasons, photography and filming are not allowed anywhere in the club without written permission from the Club. Members must not take photos or videos of other members at the Club without their permission. This includes social media.
All new Members are entitled to a free orientation to focus on the safe and correct use of the equipment provided at the Club. It is the Member’s responsibility to request this orientation.
12. Wi-Fi (if applicable)
Complimentary access to the Club’s Wi-Fi is available for Members to make responsible use of. All Members must abide by all laws relating to safe and legal internet use. No illegal downloads, streaming or viewing of material deemed to be inappropriate by Flex Fitness is allowed. Flex Fitness reserves the right to change and update passwords regularly.
You understand and acknowledge that Flex Fitness purchases or leases the equipment from a third party/parties and therefore does not manufacture any of the fitness or other equipment used in the Club. You understand and acknowledge that Flex Fitness is providing recreational services and may not be held liable for defective products or equipment.
14. Physical condition and no medical advice
You represent that you are in good physical condition and have no medical condition or impairment that might prevent you from safely using the equipment at the Club. You acknowledge that Flex Fitness did not give you any medical advice before you used the equipment and cannot give you any medical advice after you use the equipment. If you have any health or medical concerns now, or at any time after you join as a Member of the Club, you must discuss them with your doctor before using the equipment. If your physical condition changes during the term of your membership and you develop a health or medical issue that may pose an increased risk to your personal health and safety, or the health and safety of others, you acknowledge that you will advise Flex Fitness immediately.
15. Drugs and alcohol
Use of drugs and alcohol on Flex Fitness grounds or accessing a Flex Fitness Club while under the influence of drugs or alcohol, is strictly prohibited. Any Member found or suspected to be using a Flex Fitness Club while under the influence of drugs or alcohol may be asked to leave the premises and have their membership terminated effective immediately and/or authorities notified.
16. Liability for property
Flex Fitness is not liable to you for any personal property that is damaged, lost, or stolen while in or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to the Club or any equipment, you are liable to Flex Fitness for its cost of repair or replacement.
17. Change of details
You must provide Flex Fitness with any changes to your details that are relevant to your membership, including address, contact number, bank account details and email address. Flex Fitness and its agents will attempt to contact you, if required, at your last known address or contact number. Flex Fitness takes no responsibility for information not received by you if your contact details change and you fail to update them.
18. Entire agreement and enforcement
You acknowledge that neither Flex Fitness nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and Flex Fitness and replaces any oral or other written agreement. Any manual or handwritten changes to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Flex Fitness does not enforce any rights in this agreement for any reason, Flex Fitness does not waive its right to enforce it later.