NRG Health and Fitness Terms and Conditions
1. Use of the Gym
1.1 You have the right to use the Gym facilities 24 hours a day 7 days a week, as or per your membership conditions, and providing you have your membership access key.
1.2 Your membership does not cover additional costs like food or drink, special classes or personal training, which you must pay for separately.
1.3 You agree and acknowledge that we will take all reasonable care to ensure that the building is accessible and our facilities offered to you during unmanned hours are available, but sometimes demand from other members or circumstances beyond our control, such as equipment failure, may mean that the equipment you want to use may not be available.
2. Memberships
2.1Lump Sum (i) You acknowledge that the lump sum payment option is at a discounted rate in comparison to the direct debit payment plan. By paying a lump sum you acknowledge you are not entitled to a refund upon cancellation of your membership.
2.2 During the Minimum period of your membership you cannot cancel your membership except as set out herein. After the Minimum Period has been met, your payments (if you have chosen a payment method) will continue until you advise us of your wish to cancel the agreement. You must continue paying even if you do not use the Gym.
2.3 Payments are guaranteed not to increase during the Minimum Period unless required by law. After the Initial Period the rate may be increased by NRG Health and Fitness giving you at least 30 days’ notice in writing, which may be by email. If you do not wish to accept that increase, you may cancel your membership pursuant to clause 6, but must do so in any event before the first direct debit at the new rate.
2.4 Failed Payments.
(i) If you do not fully pay your membership fees on the due date, we may suspend your club access immediately until your payments are up to date. We will also charge you a late payment fee of $15.00 for a failed payment to cover administration costs. This will be debited from your account, and you authorise us to do this. You may also be charged failed payment fees from your bank and our Payment Provider.
2.5 All failed payments must be paid by Direct Debit, debit card, credit card or online (Visa or MasterCard only). You will be notified by our nominated Payment Provider of a failed payment and either provided with the details of how to pay or advised that a further payment will be deducted by direct debit. You can make payments in club.
2.6 All failed payments must be repaid within 5 business days of the due date or your membership may be terminated.
2.7 Paying your outstanding debts
(i) If you have outstanding debts, we will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make reasonable efforts to contact you and discuss this with you beforehand.
(ii) For your membership, you must make sure that the payment method you choose continues for the length of your Membership Agreement. . If the details you give us fail, you are liable for all resulting fees.
(iii) You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we or our payment services provider may use a collection agency for recovery of funds plus reasonable expenses incurred in the recovery of the debt. This may affect your credit rating.
3. Club Rules and Procedures
3.1 You must comply with NRG Health and Fitness rules and procedures at all times while using the Gym which may change from time to time. These rules and procedures are designed to allow all members to get maximum benefit from their membership. Copies are available at the front desk and on our website www.nrggym.co.nz.
3.2 You must not carry out any illegal actions on the Gym premises and you must comply with our Health and Safety requirements, which are outlined in our Health and Safety Declaration Form. These requirements may alter in relation to the impact and requirements related to the COVID-19 pandemic, and members are required to comply with these at all times.
3.3 You must respect staff and other members, and you must not take photographs in the Gym without our permission and the permission of every person in the photograph.
3.4 From time to time we will use images or video taken at the gym for use in our marketing and social media. You approve the use of these images in relation to use within our website or Social Media accounts. You have the right to remove this approval at any time, and NRG Health and Fitness also acknowledge that the use of any images will not portray the member in any offensive or inappropriate manner.
4. Termination by You
4.1 If you choose to pay by a single lump sum payment, you are entitled to terminate your membership pursuant to clause 6.1, however you are not entitled to a refund for the remainder of your membership.
4.2 There is no cancellation fees payable for any of the lump sum membership agreements, including the student membership, lump sum membership and the senior citizen membership.
5. Termination by Us
5.1 We may terminate your membership immediately if you carry out any activity which is illegal, offensive, dangerous to other people or to you, or if you act in serious breach of the Gym rules and/or the Terms and Conditions contained herein, or if at any time four or more payments are overdue. If we terminate because of your actions, we will not be liable to you in any way.
6. Cancellation
6.1 After the Initial Period, you may cancel your membership by informing NRG Health and Fitness in writing, which may be by email. Confirmation emails will be sent within seven (7) days of receiving a cancellation request. Cancellation will take effect 14 days after the date we receive your request
6.2 A cancellation fee may be payable
6.3 There are the following cancellation payments that may be payable:
- For the 3 month fixed contract: (a) Cancellation fee inside minimum term of $100 or 50% of the remainder of the membership, whichever is the lesser amount
- For the 6 month fixed contract: (a) Cancellation fee inside minimum term of $150 or 50% of the remainder of the membership, whichever is the lesser amount
- For the 12 month fixed contract: Cancellation fee inside minimum term of $300 or 50% of the remainder of the membership, whichever is the lesser amount
- For the 24 month fixed contract: Cancellation fee inside minimum term of $500 or 50% of the remainder of the membership, whichever is the lesser amount
6.4 You can only cancel your membership if all your payments and fees are paid up to date. If there are outstanding amounts owing you authorise us to deduct the balance owing by direct debit prior to cancellation.
7. Putting your Membership on Hold
7.1 You are able to suspend your membership for a minimum of one (2) week period, during which time your access pass will also be suspended. After the minimum term, you can suspend your membership for a further two (2½ ) months (maximum 3 months in total), within a 12 month period, or as agreed with the Gym. Medical Holds may be longer by agreement with NRG Health and Fitness and on presentation of a relevant medical certificate.
7.2 If your on hold period is during the Initial Period then the Initial Period will be extended by the length of your on hold period.
7.3 An on hold administration fee of $3 per week will apply and will come out of your account fortnightly or monthly by direct debit, and you authorise us to deduct the same, until your on hold period ends.
7.4 If you use the Gym during your suspension period, you acknowledge your membership payments will restart immediately.
7.5 Before you request your membership is placed on hold you must ensure that your membership fees are paid up to date and there are no outstanding fees owing to the Gym.
7.6 We have the right to refuse a request to put a membership on hold.
7.7 At the end of the on hold period your membership will automatically start again, and you must ensure there are sufficient funds in your bank account to meet your fees and payments.
7.8 If at any time you fail to maintain the agreed membership payment schedule, and fall into arrears, we reserve the right to place you membership on hold until such time as any outstanding balances have been paid.
8. General
8.1 It is your responsibility to use this Gym safely, to take care of your own health and to take care of your property.
8.2 If any changes are made to these Terms and Conditions or membership options, we will give you one month’s notice in writing of any changes (via email/text).
9. Additional Membership Conditions
9.1. The minimum age for joining the Gym is 14 years old.
9.2 Students 14-17 years. If you are between the ages of 14-17 years your parent or guardian must acknowledge and accept the terms and conditions outlined in our Under 18 member agreement.
9.3 You may only access the Gym between 6am – 9pm 7 days Monday to Sunday.
9.4 If we determine (at our sole discretion) that you are jeopardising your safety or the safety of other Gym users, have breached any other Gym rules or access the Gym outside of your permitted hours we have the right to terminate your membership immediately.
10. Non-assignment
10.1 The Member is not entitled to assign, sell or in any other way transfer this agreement unless with the written consent of the Gym.
11. Other
11.1 We may send you promotional or informative emails from time to time. You may opt out of these emails by request.
