Terms and Conditions

Terms & Conditions

ALL ACCESS MEMBERSHIP STANDARD TERMS AND CONDITIONS

1. PARTIES TO THIS CONTRACT

This contract is between the Applicant (“you” or “the member”) and AUT Millennium Ownership Trust (referred to as “AUTM”, “we” or “our”)

2. MEMBERSHIP PERIOD

You agree that you will join our centre for the minimum Period as specified in the Membership Agreement, subject to the member’s right to suspend the membership. During the whole of that time you will pay Regular Payment Fees. The Regular Payment Fees are set out in our Fee Schedule (as amended from time to time).

 3. FITNESS CENTRE MEMBERSHIP ENTITLEMENTS

Your membership entitles you to make full use of centre fitness facilities, including most classes, on a first come first served basis.  Included in your membership is use of the AUT Millennium Gym equipment, two 50M Olympic Pools (subject to availability when major events are scheduled), outdoor running track, group fitness classes and free health and fitness assessment with a personal programme giving four free sessions with qualified gym instructors.  We cannot guarantee that the equipment you want to use will always be available to you, particularly at popular times.  AUTM will endeavour to ensure equipment is regularly maintained and in workable order.

Personal Trainers and other specialists may operate from centre premises. They are not employees or agents of ours but operate as independent businesses. Where you choose to make use of their services, you enter  into a contract directly with them, and pay them separately. You agree that AUTM has no liability for any acts or omissions of any personal trainer you engaged, whether that personal trainer was recommended by AUTM or not.                                

4. DIRECT DEBIT

You agree to pay:

a) A payment in advance covering all Membership Regular Payments which fall due before your direct debit can be activated. This payment will be adjusted on a pro rata basis to bring your membership up to standard payments date;

b) Further Regular Payments, to be made in advance by direct debit to us from your designated bank account or credit card at the beginning on the date specified in the Membership Agreement. You must enter a valid direct debit payment source before we will accept this contract. You agree to notify us and enter a new payment source if you change your bank account or credit card. After the end of the Minimum Period, your regular payments will continue until you advise us otherwise with 30 days’ notice in writing. Members can give notice 30 days before the Minimum Period expiry date, so that their membership will terminate when the Minimum Period expires.

We undertake not to increase the Regular Payment Fee during the Minimum Period. If we increase the Regular Payment Fee after the end of the Minimum Period, we will give you two months’ notice in writing. This two-month notice period allows the member reasonable time to consider the fee change and then give 30 days’ notice of termination under Clause 8.

5. FACILITY RULES

You agree to be bound by our rules and Code of Conduct. We may amend our rules and/or Code of Conduct from time to time at our discretion. The member may terminate the contract without penalty if AUTM changes the Code of Conduct.  You must not carry out any illegal acts on centre premises and you must comply with our health and safety requirements, including those directed to your own health and safety. If you carry out any activity which we consider is offensive or a danger to you or any person, we reserve the right to require you to leave the centre immediately and AUTM is entitled to cancel your agreement with us.

6. SUSPENSION OF MEMBERSHIP

You are entitled to suspend your membership for a nominal $10 fee for a total of 90 days per calendar year. You may suspend up to six times per calendar year for a minimum of 14 days per suspension at a $10 fee per request. A suspended membership is not deemed to be part of a termination/notice period. If you are on a fixed term contract suspended days will be added to the end of your contract.                 

7. TRANSFERS

Flexible memberships are not transferrable.  

Fixed term memberships are transferrable for a nominal fee of $120. If the Membership Agreement has special terms the new contract holder must also meet these terms.

8. TERMINATION OF THIS AGREEMENT

By AUTM

AUTM may at its sole discretion, terminate this agreement and your entitlement to use our facility if you:

  1. Fail to comply with our “Code of Conduct”.
  2. Fail to make a payment to us when due
  3. Assist any unauthorised person with entry into our facility.

AUTM may, at its sole discretion, without giving any reason suspend and/or terminate your membership and ban you from its facilities.

By you:

Flexible memberships: After the end of the Minimum Period you can terminate this contract without penalty. It is your responsibility to provide us 30 days notice in writing of your intention to terminate. Termination is effective once you receive confirmation from AUTM. A membership must be “active” (i.e. not on suspension) for the 30 days notice to be valid. We will be entitled to continue to regularly debit your fees on the agreed basis until we receive your written notice.

Fixed Term memberships: You must complete the agreed membership Period outlined in your Membership Agreement. If you wish to cancel before the term ends you must pay the fees for remainder of the contract term. 

9. EMAIL COMMUNICATION

You agree to allow AUTM  to send you relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.

10. OVERDUE PAYMENTS

It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit.

If any of your direct debits fails, you will incur a $5 rejection fee to your membership payment for that payment missed or subsequent missed regular payments. We will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. If your account with us is more than 4 weeks in arrears, we reserve the right to terminate your membership. In the event you are still within a minimum period, you will remain liable for the payments until the end of that period. If the payments are not made, we can send it to a collection agency. If we so, you must pay all reasonable collection costs including actual solicitor’s fees.                          

11. OUR LIABILITY TO YOU

You have rights under the Consumer Guarantees Act 1993. Subject to those rights you agree that:

a) We will not be liable for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property whatsoever and howsoever arising.

b) We will not be obliged to give your any refund if you fail to use your membership or if you terminate your contract within the Minimum period for any reason.

12. HEALTH

You agree that:

a) You have been advised to consult a doctor before using any of the centre facilities and will follow any instructions or advice given by them;

b) You do not suffer from any physical, medical or mental condition that may be aggravated by your use of the centre facilities;

c) You consent to receive medical treatment in the case of illness or injury connected with your use of the centre facilities, and that AUTM will not be liable for any claims or expenses howsoever in respect of that treatment or treatment thereafter.

13. PERSONAL INFORMATION

You authorise AUTM to collect, retain and use personal information about you for the purpose of providing services to you, assessing your creditworthiness, statistical analysis, enforcement of any legal or other rights the AUTM  may have against you in any manner it sees fit and, subject to the Unsolicited Electronic Messages Act 2007 sending you any advertising promotional material about AUTM  and to enable AUTM to communicate with you for any purpose.

You have the right under the Privacy Act 1993 to obtain access to and request correction to any personal information concerning the you held by AUTM.

14. VARIATION OF TERMS AND CONDITIONS

AUTM reserves the right to vary these terms and conditions.  Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by posting to the member’s last known address or notices at AUTM ’s facility.                                                                                                       

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