Terms and Conditions

1. DEFINITIONS

‍1.1 In these terms, the following terms apply:

Club means a gym premises under the Flex Fitness franchise 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.

Debitsuccess means the billing system Flex Fitness uses for collecting any recurring Direct Debit membership payments.

Direct Debit means the authorised recurring payment of membership fees through Debitsuccess.

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

(b) $250.00.

Facilities refers to the facilities available at the Home Club that your membership belongs to and includes without limitation, bathroom and changing facilities, showers, sauna, supplement bar and other facilities located inside your Home Club that are available to Members of Flex Fitness.

Flex Fitness is the franchisee operating a Club pursuant to a franchise agreement with Flex Fitness New Zealand Limited and includes agents, representative, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

Foundation Member means a Member who holds a Foundation Membership.

Foundation Membership means the pre-opening membership option where the reduced instalment amount only applies while the membership remains at the Home Club a Member 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 means a person who has entered into a Flex Fitness membership agreement for the purpose of accessing the Facilities and Services provided by Flex Fitness.

Membership Agreement means the membership agreement between you and Flex Fitness.

Minimum Term means the agreed minimum term for an Agreement as set out in the payment plan clause.

Reciprocal Club refers to other Flex Fitness locations that are not a Member’s 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 other customers at Flex Fitness that may be included in a Member’s specific membership type or available as an additional service. This may include, but is 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 who has requested a temporary hold on their membership and payments for medical, health or personal reasons.

Transfer means a membership may be transferred from a Home Club to a new Club if there is an increase in a Member’s access to a Reciprocal Club, as determined by key tag access.

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1.2 In these terms, unless the context otherwise requires:

(a) References to clauses, sub-clauses and schedule are to clauses, sub-clauses, and schedules of these terms;

(b) Words in the singular include the plural, vice versa. Words of one gender include every other gender;

(c) Headings appear for ease of references and do not affect the construction of this Agreement;

(d) References to ‘including’ or similar words will include a reference to without limitation.

(e) References to ‘you’ or ‘your’ mean the person described in these terms who is applying for a Flex Fitness membership.

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2. MEMBERSHIP

2.1 Nature of membership:‍

Your membership permits you to use Flex Fitness premises, Facilities, equipment, and Services as defined by the membership type you 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 of 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.

2.2 All Club privileges:‍

Your membership entitles you to utilise any Flex Fitness facility across New Zealand as a Reciprocal Club using your 24/7 access key, provided that you are not in breach of these terms or rules posted in the Club, your Membership Agreement, or your membership is not in arrears, or unless otherwise stated in the special conditions or specific terms and conditions of a certain 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 Club privileges and are limited to such a Member’s Home Club.

2.3 Membership transfers – paid upfront:‍

Members who have paid for an upfront membership are able to transfer their membership to another Club if both departing and receiving Clubs 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 of $49.00 applies to the transfer of membership between persons.

2.4 Membership Transfers – Direct Debit:‍

Members who pay by Direct Debit may be transferred between Clubs without notice subject to the following conditions:

(a) The membership at the Home Club has been in place for a period of at least 3 months;

(b) The Direct Debit membership is not in arrears for any fees or Services;

(c) The Member utilises the Facilities and Services of a Reciprocal Club more frequently or instead of their Home Club, in accordance with the transfer policy as set out by Flex Fitness.

Members who pay by Direct Debit may transfer the balance of their membership within the Minimum Term to another person at the same Club subject to the following conditions:

(d) The $49.00 transfer fee has been paid to the Club;

(e) The membership is not in arrears;

(f) The Member has taken all required steps to arrange to transfer the balance of their membership to another person, including identifying the person who will take over the remaining balance of the membership as a new Member.

‍2.5 Foundation Membership:‍

A Foundation Member has the privilege of maintaining the value and benefit of their Foundation Membership for the life of the Membership Agreement, on the condition that the membership remains at the Foundation Member’s Home Club. Foundation Memberships that are transferred to another Club are subject to their membership fee being increased to match that of a standard membership at the Club that the membership was transferred to, and the benefit of the Foundation Membership fee may be lost.

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3. PRIVILEGES

‍3.1 24/7 Member 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. Members must sign or agree to these terms and/or their Membership Agreement before they will be issued with a key tag. All Members must have their own key tag and use it at each arrival and departure, if available. Flex Fitness has the right to deny entry to any Member or person who cannot produce a valid key tag upon entry.

Access may be revoked to any Member who is in breach of these terms and/or their Membership Agreement, is abusive (physically or verbally) towards staff or other Members, permits access to non-members outside staffed hours without written permission from the Club, or is in arrear with their membership payment.

3.2 Unauthorised guest access:

Flex Fitness only grants its Members 24/7 access to its Facilities. Any Member who brings a non-member into a 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 $250.00 non-compliance fee charged to the Member’s nominated bank account.

(d) They will be prohibited from re-joining any Club operating under the Flex Fitness brand.

‍3.3 Reciprocal access:‍

All Members must purchase a key tag upon joining a membership. Key tags assigned to a Member with a membership type that includes access to Reciprocal Clubs will grant access to all Flex Fitness locations. Such access includes normal gym access, however additional Services such as 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.

3.4 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 measurement. The services included in your specific membership type will be outlined in the special conditions or the membership description section of your Membership Agreement.

3.5 Suspension of membership:

Flex Fitness may suspend your membership if you qualify under the membership suspension conditions set out by your Home 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 such as during a national crisis or pandemic. 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.

3.6 Transferring membership to a new person:

A Member may opt-out of their membership during the Minimum 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 Home Club and the new person to process the membership transfer. The membership can only be transferred to a new person at the same Home Club.

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4. MEMBERSHIP FEES

‍4.1 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.

4.2 Membership payment:‍

You agree to make the payments outlined in your Membership Agreement as described for the Services included in your membership type. At any time, you may contact your Home 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.

‍4.3 Administration fee:

A one-off $20 administration fee is payable to Debitsuccess and will be collected with the first installment.

4.4 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.

4.5 Default:

If a direct debit payment defaults and/or there is a delay in a direct deposit payment being debited from your selected payment method, the amounts owing shall accumulate until the arrears are remedied. If the direct debit payments continue to default or if Debitsuccess are unable to access your payment method to make deductions, you will be notified in writing of the default and given fourteen (14) working days to remedy the arrears. Following this period, by signing this Agreement, you authorise Debitsuccess to notify any debt collection or credit reporting agency of the default. In the event this happens, you authorise Debitsuccess to add $25 to the outstanding debt for its fee for dealing with the default and agree to pay any and all costs incurred as a result of debt collections, including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt). Out of fairness to our other members, Flex Fitness reserves the right to exclude you from all Flex Fitness premises until arrears are recovered.

4.6 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 Term, whichever is less. The early cancellation fee can be paid over the counter at your Home Club. 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.

4.7 Transfer fee:

A Member who opts to Transfer their membership and the remaining balance of their Minimum Term may do so, at the discretion of their Home Club, and will incur a transfer fee of $49. This fee is payable at the Home Club at the time the membership is transferred from the existing Member to the new Member.

4.8 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 email 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. If you are not agreeable to the fee increase, you have 5 business from the date you received the notice to communicate this with your Home Club where normal cancellation terms will apply in accordance with these terms and/or Membership Agreement. Failure to respond to the notice will automatically be deemed that you authorise Flex Fitness and/or Debitsuccess to debit the new amount to your nominated bank account at the end of the 30-day period.

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5. CANCELLATION, TERMINATION AND REFUND

5.1

Flex Fitness reserves the right to terminate a Member’s privileges in the event of the following:

(a) A paid upfront membership is not renewed prior to its expiry date.

(b) A Direct Debit membership is in arrears for any fees or services.

(c) A Foundation Membership is transferred to another Club.

(d) A Member’s conduct is improper or harmful to the best interest of Flex Fitness and/or its Members.

(e) You fail to follow any of Flex Fitness membership policies, conditions of entry or Club rules, or violate any part of this Agreement; or

(f) A Member’s conduct directly results in damage, theft, loss of property, or loss of revenue for Flex Fitness.

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.

5.2 Basic cancellation rights and refund:

You may cancel your membership and receive a refund of any unused portion of a pre-paid 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.

5.3 Cooling Off Period:

Under the Credit Contracts and Consumer Finance Act 2003, you have the right to cancel your membership within five (5) working days of receiving a paper copy of this Agreement and all other applicable membership information, or within seven (7) working days if you receive this information electronically. Such notice of cancellation must be made in writing to your home Flex Fitness Club. If you cancel during the cooling off period, your membership with Flex Fitness will be cancelled, and you will be refunded any initial payments or direct debit fees deducted, together with any credit balance left, less the cost of any services provided to you and any reasonable fees (including administration fees).

‍5.4 Termination of Direct Debit membership - outside the Minimum Term:‍

If you have a Direct Debit membership at Flex Fitness, and you are outside of the Minimum Term of your agreement, you may terminate the membership by providing:

(a) An approved method of written notice to your Home Club - 14 days’ notice applies.

Once your Home Club 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.

Written notice for the purpose of this clause means an email to your Home Club from your registered email or signing a cancellation agreement at your Home Club.

‍5.5 Termination of a Direct Debit membership - inside Minimum Term:

If you are still within the Minimum Term of your agreement, 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 sufficient time to process your termination before the next Direct Debit is due.

‍5.6 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 5.2 (a) & (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.

5.7 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 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 for the balance.

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6. MINIMUM AGE

6.1

All Members of Flex 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.

‍6.2

Members 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 acknowledge and returned to the Home Club;

(c) a pre-exercise questionnaire is to be completed by a parent or guardian; and

(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.

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7. PANIC ALARMS

Panic alarms are available throughout the Clubs, 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 a call-out fee may be charged to the Member responsible for any non-emergency call-out.

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8. 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 a Membership Agreement.

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9. STAFFED HOURS

The staffed hours for a Club are displayed at the entrance to that 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.

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10. PRIVACY POLICY

By agreeing to be a Member, visiting our Clubs, using our website or other services we offer, you will be providing your personal information and data to Flex Fitness. Our Privacy Policy sets out in more detail how we will use the personal information that you have provided to us. By becoming a Member, you are agreeing to us using your personal information in accordance with our Privacy Policy.

You can access our Privacy Policy here: https://flexfitnessgym.co.nz/privacy-policy.

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11. VIDEO SURVEILLANCE

For security purposes, Flex Fitness uses video surveillance equipment to monitor our Clubs on a 24-hour basis. By signing a Membership Agreement, you acknowledge that by accessing our Clubs, you will be subject to video surveillance and recording that will be used for security purposes. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas. Flex Fitness acknowledges that they will not use any surveillance obtained pursuant to this clause for any purpose other than for the purposes of this Agreement.

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12. PHOTOGRAPHY AND FILMING

‍12.1

For privacy reasons, photography and filming are not allowed anywhere in a Club without written permission from the Club. Members must not take photos or videos of other Members at a Club without their permission. This includes social media.

‍12.2

Flex Fitness holds the right to film and photograph in the club for the purpose of promotional material. Should this take place whilst you are in the club you will be notified.

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13. ORIENTATION

All new Members are entitled to a free orientation to focus on the safe and correct use of the equipment provided at a Club. It is the Member’s responsibility to request this orientation.

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14. WI-FI (IF APPLICABLE)

Complimentary access to a 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.

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15. EQUIPMENT

You understand and acknowledge that Flex Fitness purchases or leases its equipment from a third party/parties and therefore does not manufacture any of the fitness or other equipment used in its Clubs. You understand and acknowledge that Flex Fitness is providing recreational services and may not be held liable for defective products or equipment.

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16. PHYSICAL CONDITIONS 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 a Club. You acknowledge that Flex Fitness did not give you any medical advice before you use any 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 a 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.

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17. DRUGS AND ALCOHOL

Use of drugs and alcohol on Flex Fitness grounds or accessing a Club while under the influence of drugs or alcohol, is strictly prohibited. Any Member found or suspected to be using a 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.

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18. LIABILITY FOR PROPERTY

Flex Fitness is not liable to you for any personal property that is damaged, lost, or stolen while in or around a Club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to a Club or any equipment, you are liable to Flex Fitness for its cost of repair or replacement.

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19. 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.

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20. ENTIRE AGREEMENT AND ENFORCEMENT

You acknowledge that neither Flex Fitness nor any other related party has made any representations or promises upon which you have relied when entering the Membership Agreement. This document contains the entire agreement between you and Flex Fitness and replaces any oral or other written agreement unless otherwise agreed between the parties. If a court declares any part of these terms and/or Membership Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Flex Fitness does not enforce any rights in these terms or the Membership Agreement for any reason, Flex Fitness does not waive its right to enforce it later.

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RELEASE AND INDEMNITY:

By agreeing to be a Flex Fitness Member, 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 (”Releasees”) 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 a Membership Agreement.

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DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT

This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR Authorisation Form.

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INITIAL TERMS

I/We authorise Debitsuccess Limited (NZBN: 9429038729041) (Debitsuccess) Authorisation Code 0132745 to make periodic debits on behalf of the “Business” as indicated on DDR Authorisation Form (“Business”).

I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the DDR as instructed by the Business.

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RELATIONSHIP

I/we acknowledge that Debitsuccess has been contracted by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made to Debitsuccess.

I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to make periodic debits as set out in the DDR Authorisation Form.

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CLEARED FUNDS

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Business.

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VARIATIONS TO DEBIT TERMS

I/We authorise Debitsuccess to vary the amount of the payments upon instructions from the Business, and where such instructions from the Business are received by Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to the debit amount.

I/We acknowledge that Debitsuccess or the Business is to provide 14 days’ notice if varying the terms of the debit arrangements otherwise than as provided for herein.

I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Business.

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CANCELLING THESE DEBIT TERMS

I/We understand that I/we are able to cancel this DDR by requesting this of the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.

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NON WORKING DAY

When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next working day.

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DISHONOURED PAYMENTS

I/We acknowledge that:

(a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Business as a result, in addition to any Financial Institution charges and collection fees ; and

(b) Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.

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ACCURACY OF INFORMATION

I/We acknowledge that it is my/our responsibility to ensure that the details entered on the DDR Authorisation Form are correct and that Debitsuccess is not liable to the extent that any such details are wrong and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the DDR Authorisation Form, I/we agree that Debitsuccess may continue to debit from the credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Debitsuccess via the Business.

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DISPUTES

I/We acknowledge that any disputes regarding debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.

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OTHER AUTHORISATIONS

I/We authorise:

(a) Debitsuccess to verify details of my/our account with my/our Financial Institution; and

(b) The Financial Institution to release information allowing Debitsuccess to verify my/our account details.

(c) Any notices to be given to me/us by electronic mail to the email address on the DDR Authorisation Form (or any other email address notified in writing by me/us).

I/we acknowledge that:

(a) This Authority will remain in force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this Authority until actual notice of such event is received by the bank.

(b) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the Direct Debit has not been paid in accordance with this Authority. Any other dispute lies between me/us and the Business.

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INFORMATION SECURITY

We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information contained in the DDR (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. You may request access to, and correction of, any personal information held by Debitsuccess by writing to Debitsuccess at the address below.

Debitsuccess will only disclose information that we have about you:

(a) to the extent specifically required by law; or

(b) for the purposes of this Agreement (including disclosing information in connection with any query or claim).