3 DAY TRIAL - RESORT TO CONDITIONS 3, 6, 7, Rules/Regulations of Fit Factory & Compliance of Free Weights.

Terms and Conditions of Fit Factory

1. Minimum Period
You agree to join Fit Factory as a member for the minimum period specified on your application form. For the whole of that Minimum Period, you will pay the Regular Payment Fees on the agreed date, even if you are do not attend the club or participate in any club activities. Conditions around the termination of this membership are outlined in clause 4.
If within the first 7 days after the membership is accepted by Fit Factory, you wish to terminate this membership, you will need to advise Fit Factory in writing and Fit Factory will refund any credit balances outstanding to you upon the return and settlement of any unrecoverable costs.

2. Membership Inactive Status/ hold
You may request to put your membership on 'Inactive Status' for no less than one month and no more than three months for personal reasons. A membership inactive status can only be exercised once per 12-month period. Notice of the inactive request requires written confirmation to do so, either via email request or a signed suspension form. It is agreed that there is a $50 fee per inactive request payable before monthly payments can be omitted.

3. Valuables and Personal Property
We urge you to lock all valuables in the lockers that are provided by Fit Factory. You agree that we will not be liable for loss, theft or damage to the personal property of members or guests. All lockers are for daily use only and operate on a first-come, first-served basis.

4. Termination of your membership after the Minimum Period

For Open Fortnightly/Monthly Memberships, you will give Fit Factory one months notice of your intention to terminate, by completing and returning the required cancellation form. Your request for cancellation will be processed from the date the required cancellation form is received back. Fit Factory will stop direct debit of your monthly fees after the end of that notice period.

If you have outstanding arrears, your membership cancellation request cannot be processed until outstanding fees have been cleared, or, a payment arrangement has been agreed upon between Fit Factory and the member.

Annual memberships will automatically terminate at the end of one year.

At any time, Fit Factory can terminate your membership immediately by giving you notice in writing (and also recover any costs or losses under this contract), if your breach any term of this contract, including:
a) Failure to pay membership fees by agreed due dates
b) Breach of any of the Fit Factory rules
c) Carrying out any illegal, offensive, or unsafe activities on Fit Factory Premises which endanger Fit Factory staff

5. Reservation of Rights
Fit Factory reserves the right at any time to close our facility for repairs and maintenance, to add, eliminate or amend the cost of any program, activity, class, or service in our sole discretion.

6. Member's Responsibility as to Use of Facilities and Services
Members are responsible for appropriate use of the equipment to ensure they do not put themselves at risk. You should consult your physician before using our facilities and services. You agree you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene before first consulting your physician. It is your responsibility to consult your physician to determine if any of these medical conditions exist, and whether such conditions pose direct threat to the health or safety of yourself or others. Fit Factory reserves the right, however, to make the final determination in this regard. Members acknowledge that they have had a general safety briefing about how to use the equipment and that any queries in regards to the use are explained.

7. Membership Rules and Regulations
You agree to follow the rules, regulations and policies now in force or in the future adopted by us, including but not limited to, rules and regulations to hours of operation, use of equipment and facilities, personal hygiene, health and safety regulations and attire. We reserve the right to revoke or suspend your membership, without refund, if you or your guest fails to follow any rules or regulations, for reasons of nuisance, disturbance of other members or employees, moral turpitude or fraud, or if we determine your actions may endanger yourself or other persons. It is prohibited for any member or guest to conduct, purchase or subscribe to any commercial business or activity or solicit competitive business with that of Fit Factory (including personal training services) without expressing written consent prior.

8. Membership Entitlements
Your membership entitles you to the use of the Fit Factory Facilities and most classes. It does not cover you for personalised training services, or special classes arranged by the Fit Factory. Members will be advised of optional classes and services which will incur addition fees.

9. Membership Drive Policy
Fit Factory is always mindful and aware of its position and commitment for ethical and selective selling. We do reserve the right to run special promotional membership drives if management feels it's necessary to maintain a level of service the members are used to, or additional revenues are necessary in order to deliver more value to members by way of new and better services, equipment or products.
I have read, understood and accept the above terms and conditions and the accompanying information contained in my membership agreement.

10. Default

You will be in default if you breach any of this contract's terms and conditions; if you fail to pay any instalment within 7 days after the date when such instalment is due; or if you repute this contract in writing. If you are in default, your membership may be cancelled, or membership privileges may be denied. If any of your direct debits fail, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount.

11. Consequences of Default

11.1" Supplier" shall mean Fitness Factory Limited its successors and assigns or any person acting on behalf of and with the authority of the Supplier.

11.2 "Customer" shall mean the person, organisation or entity referred to as the Customer or any person acting on behalf of and with the authority of the Customer.

11.3 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at the rate of 2% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

11.4 The Supplier reserves the right to refer the collection of any outstanding accounts to a debt collection agency without notice to the Customer.

11.5 The Customer agrees to be liable for any recovery costs and expenses the Supplier incurs as a result of the referral of the debt to a debt collection agency.

11.6 In the event that the collection of the debt is referred to the Supplier's lawyers, the Customer accepts liability for and indemnifies the Supplier for all of the Suppliers legal costs on a solicitor-client basis.

Rules and Regulations of Fit Factory

1. Members and paid non-members of Fit Factory must abide by the rules and regulations written for the well being and safety of all people or persons entering the gym facility.
2. Please ensure that all personal belongings are stored safely away or in the provided facilities. Neither Fit Factory nor its staff will be responsible for any loss or damage to property that is held within the premises.
3. Lost property - Fit Factory reserves the rights to dispose of any items unclaimed and non-valuable after a certain time where the gym deems fit.
4. Members are not allowed at any stage to go beyond the gym area (e.g. restricted offices, stores or staff rooms) unless authorization has been permitted by management staff.
5. Swipe cards - Our policy is that your card is to be used for yourself and no one else. Any member found to be sharing their swipe card will issued with a $50 fine and could risk having their membership cancelled.
6. Suitable attire must be worn during sessions. E.g. T-shirts and gym shoes.
7. Smoking is prohibited at all times in all areas of the building.
8. Please use suitable language whilst in the gym.
9. Photographs and videos must only be taken with the authorisation of management.
10. Any members with serious health risks need to advise the staff of any difficulties that they may experience during the session.
11. If you wish to discuss any issues or have any suggestions please feel free to approach the friendly Fit Factory staff or manager on duty.
12. All members using equipment must use own gym towel and wipe down equipment when finished with spray stations provided

Compliance with free weights includes the following:

• During unsupervised hours, members should only use free weights with assistance on another gym member to ensure members do not injure themselves. Fit Factory is not liable for any injuries caused
  by in appropriate use of free weights during unsupervised hours.
• Collars are to be used at all times to secure weights on bars.
  
• Weight plates are not to be leaned against equipment, machines or walls.
• Once finished with equipment, strip bars and return plates and dumbbells to their areas.
• Members must use safety bars when using the squat racks and Smith machine. Set the safety bars about one inch lower than your lowest movement with the bar.
• Dumbbells and weight plates cannot be dropped on floor from damaging heights for any reason.
• Fit Factory members should report all equipment malfunctions, personal injuries and specific concerns immediately to the staff.

Ezi Debit Terms and Conditions

Conditions of this Authority to Accept Direct Debits

1. The Initiator:

a) The initiator undertakes to give notice to the acceptor of the commencement date, frequency and amount at least 10 calendar days before the first Direct Debit is drawn (but not more than 2 calendar months). This notice will provided either:

(i) in writing: or (ii) by electronic mail where the customer has provided written consent to the initiator.

Where the Direct Debit system is used for the collection of payments which are regular as to frequency, but variable as to amounts, the initiator undertakes to provide the acceptor with a schedule detailing each payment amount and each payment date. In the event of any subsequent change to the frequency or amount of the Direct Debits, the initiator has agreed to give advance notice at least 30 days before the change comes into effect.

b) May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me / us.

2. The Customer may:

a) At any time, terminate this authority as to future payments by giving written notice of termination to the Bank and to the Initiator. b) Stop payment of any Direct Debit is to be initiated under this authority by the initiator by giving written notice to the bank prior to the Direct Debit being paid by the bank. c) Where a variation to the amount agreed between the initiator and the customer from time to time to be direct debited has been made without notice being given in terms of clause 1(a) above, request the bank to reverse or alter any such direct debit initiated by the initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the initiator through the initiator's bank. PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

3. The Customer acknowledges 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) In any event this Authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account. c) 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 to this authority. Any other disputes lies between me/us and the initiator. d) Where the bank has used reasonable care and skill in acting in accordance with this authority, the bank accepts no responsibility or liability in respect of: - the accuracy of information about Direct Debits on bank statements - any variations between notices given by the initiator and the amounts of the Direct Debits. e) The Bank is not responsible for, or under any liability in respect of the initiators failure to give written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the initiator. f) Notice given by the initiator in terms of clause 1(b) to the debtor responsible for the payments shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.

4. The Bank may:

a) In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other authority, cheque of draft properly executed by me/us and given to or drawn on the bank. b) At any time terminate this authority as to future payments by notice in writing to me/us. c) Charge it current fees for this service in force from time to time.

Terms and Conditions

Parties

The "Business" means the organisation providing the service for which the Customer is paying.

The "Customer" means the person or party signing this Payment Contract. "Payment Contract" means the Agreement in which the Customer has agreed to pay for the service provided by the Business. Hereafter referred to as the "Agreement" "Ezidebit NZ Ltd, PO Box 5587, Wellington 6145, New Zealand Phone 0800 394 332 Fax 04 473 6511 Email info@ezidebit.co.nz.

The Customer acknowledges that Ezidebit has been contracted by the Business to collect the payments due under the Agreement in return for having an entitlement to use the services provided by the Business.

Nothing contained in the Payment Contract shall render Ezidebit, the agent of the Business, for any purpose other than the collection of payments due and payable under the Agreement.

You acknowledge that Ezidebit shall not in any way be liable to you for the provision of Services.

For the purpose of the Contracts Privacy Act, you acknowledge that all rights of the Business pursuant to this Agreement may be enforced by Ezidebit, as if it were the Business, without requiring your consent or any involvement on the part of the Business.

Payments

Ezidebit shall administer the collection of payments due by you to the Business. All payments due by you shall be made directly to Ezidebit in the manner specified in the Agreement. It can take up to three (3) days for payments to be processed from your account. Your obligations under this agreement is to ensure sufficient funds remain available to cover the instalment amount specified in this agreement for at least three (3) days after the nominated instalment date.

Administration Fee

Ezidebit shall charge a one off administration fee in addition to your first debit.

Transaction fee

Ezidebit shall charge a transaction fee per direct debit payment deducted from your Account.

Failed Payment Fee

Ezidebit shall debit a failed payment fee of up to $21.90 direct from your account for any payment dishonoured by your bank within 14 days of the payment rejecting.

SMS Fee

Ezidebit shall debit an SMS fee direct from your account for any SMS sent.

Ezidebit Pty Ltd NZBN 9429035266310 PO Box 5587 Wellington NZ 6145 P 0800 394 332 F (4) 473 6511 E support@ezidebit.co.nz