CONSUMER GUARANTEES ACT: Nothing in this agreement shall restrict, negate, modify, or limit any of your rights under the Consumer Guarantees Act 1993 unless you are in trade and you are acquiring our goods or services in trade in which case you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

FAIR TRADING ACT: Nothing in this agreement shall restrict, negate, modify, or limit any of your rights under the Fair Trading Act 1986 unless you are in trade and you are acquiring our goods or services in trade and we have included terms of the type set out in section 5D of the Fair Trading Act 1986 (being so called “entire agreement” clauses and “own due diligence” or “no reliance” clause).

MEMBERS RIGHT TO CANCEL: I can cancel my membership without penalty by delivering or mailing written notice to The Rec Room within five (5) working days of the date I signed this agreement. The notice must state that I do not wish to be bound by this agreement and be signed by the holder of the membership or an appropriate guardian. However, if during the five (5) working day period I chose to engage in services that would normally incur a charge to non-members, including but not limited to personal training services and use of gym facilities, then upon cancelling my membership at any time I will be responsible for paying the costs of those services at the price of a non-member.

CANCELLATION NOTICE: To terminate your membership, a cancellation form must be signed, dated, and returned to the manager during staffed hours. You can access the cancellation form at the facility or request one via email from info@therecroom.co.nz. If your form is returned outside of business hours it will be processed from the next available staffed business day. Once it is received, I agree my membership will remain active for another 30 (thirty) days before the membership is cancelled. Notice of cancellation is required for all membership types, including Fixed Term memberships. When a Fixed Term Membership ends, the membership will continue as a month-by-month membership, until such time as the notice of termination is handed to the gym manager, and then the membership remains active for another 30 (thirty) days before the membership is cancelled.

GYM UNAVAILABILITY: If the entire gym is unavailable and as a result I am not able to access the gym to receive the services under this Agreement, I understand that I am not required to pay for my membership during the period of time that the gym is unavailable. If my membership is paid in advance, I will be entitled to a refund on a pro rata basis for the time period that the services or facilities are unavailable. The refund may be made by cheque or credit card or direct debit into a nominated bank account. There will be no cash refunds. If the gym location discontinues operating, the Club Owner will, where it is possible and reasonable to do so, give three (3) months notice of the gym location ceasing to operate. My membership will be refunded in full as at the date the gym ceases to operate.

LIMITED USE: I understand I will be responsible to pay my membership in full even if my physical condition or physical limitations, now or in the future, limit my use of the facilities, unless I cancel or freeze my membership under these terms and conditions.

MINIMUM TERM: For month-to-month memberships this term is 30 days. For Prepaid memberships or Minimum Term memberships, this period is the period specified in the membership i.e. three months, six months, 12 months.

MONTH TO MONTH MEMBERSHIP: If I elect to have a month to month membership, I acknowledge that this agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay my membership fee or any other outstanding amount required when payment is due, I must immediately pay the entire amount owing.

PREPAID MEMBERSHIP: If I elect to have a prepaid membership, I acknowledge my membership fees must be paid in advance. If I am a Club member for a period of time in excess of any prepaid period of my membership, and my membership is not brought up to date in a timely fashion (after being advised by the Club) so as to be in advance, I acknowledge I will become a month-to-month member and my payment method for my prepaid membership will become my month-to-month payment for every month thereafter.

MEMBERSHIP FREEZE: I have the right to freeze my membership for up to three (3) months annually, during which time I will incur no membership fees. The minimum term for freezing my membership is 30 days. Once the period of which I have frozen my membership is up, my membership will continue as normal.

DEFAULT AND CONSEQUENCES OF DEFAULT: I agree to pay interest on any overdue and outstanding amounts. Interest will, accrue daily from the date when payment becomes due, until the date of payment, at a rate of 15% per annum compounding monthly, including before and after any judgment. Further to any rights or remedies of the Club may have under this contract, If I have made a payment by direct debit, and the transaction is subsequently reversed, I shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Club hereunder, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to my obligations under this contract. If I owe the Club any money I shall indemnify them from and against all costs and disbursements incurred thereby in recovering the debt (including but not limited to internal administration, legal costs, collection agency costs, and bank dishonor fees).

TERMINATION FOR CAUSE BY CLUB OWNER (MEMBER BREACH): The Club Owner or Manager may, at their option, terminate my membership if (1) I fail to make payments when due or any payments or fees are late, (2) The monthly EFT payments or membership fees are interrupted or discontinued for any reason and my cosigner or I do not provide an acceptable alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, (4) my conduct is improper and harmful to the best interest of the Club or its members, (5) I fail to provide doctors approval for exercising if so requested. Termination is effective on the date a written notice is sent to my last known address or email. I am liable for all financial obligations until that date. Notwithstanding the foregoing, where it is possible and reasonable, in the Club’s Owner or Managers reasonable opinion to do so, the Club’s owner will endeavor to consult me before terminating this agreement (and may in some cases allow me an opportunity to remedy any breach reasonably capable of remedy).

EARLY TERMINATION CHARGES: I acknowledge that where my membership is terminated due to member breach then the Club is entitled to charge a termination fee. That termination fee is intended to cover administrations costs and any out of pocket expenses the club may suffer or incur as a result of the termination of my membership. The termination fee shall be the sum of $50.00, plus an amount equivalent to 30 (thirty) days of membership fees, plus any other costs or expenses incurred by the Club for damage or loss caused by the member as a result of a breach of this Agreement. For the avoidance of doubt this termination fee is without limitation to the Club’s rights and remedies in connection with any breach by me of this agreement prior to termination.

PHYSICAL CONDITION AND MEDICAL ADVICE: I represent that I am in good physical condition and have no medical reason for impairment that might prevent me from my intended use of the Club facilities. I acknowledge that I have been informed that the Club offers a consultation, which includes a brief interview regarding my medical history. However, I understand and acknowledge that the Club Owner/Manager and the Club itself will not and cannot provide me any medical advice. If I have any health or medical concerns now or after I join the Club, I will discuss them with my doctor before using the Club facilities.

DAMAGED, LOST OR STOLEN PROPERTY: This clause is subject to the Consumer Guarantees Act 1993 if it applies. I acknowledge I am responsible for my personal belongings and property while at the Club. The Club Owner and the Club itself are responsible only to the minimum extent, which is imposed by law. To the minimum extent permitted by law, the Club Owner and the Club itself exclude responsibility and liability for any of my personal property that is damaged, lost or stolen while in or around the Club location or any other Club location, unless and to the extent that the Club and the Club Owner have caused or contributed to the damage or loss.

GUESTS: I may bring a guest during staffed hours and only after arranging for a pass with club staff or signing them in at the guest register at reception. I will immediately be charged $150.00 per-visit fee for any unauthorized guests I allow into the Club, and I agree to pay this fee. Guests must sign the Guest Waiver before using the Club facility. I understand the club reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining. I will not allow any non-member to use my membership access tag, and I understand that if I do, the access tag may be deactivated and a fee will be charged to re-activate the card.

ASSUMPTION OF RISK OR INJURY AND WAIVER OF CLAIMS: I understand and agree that the Club location is an unsupervised fitness centre and there may be no employee on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is a possible danger connected with any physical activity (including dangers of physical injury and death) – and I assume the risk of such danger. This clause is subject to the Consumer Guarantees Act 1993, if it applies.

MEMBERSHIP INDEMNIFICATION: A member must be at least 16 years old to use the Club alone. A member between the ages of 12 and 15 can use the Club only under the supervision of an adult member 16 years or older. A parent or guardian must sign their membership.

ACKNOWLEDGEMENT OF MEMBER LIABILITY: Where it is proven that I, my family, or any of my guests cause any damage to the equipment or physical infrastructure of the Club, I acknowledge I am liable for that damage, and will reimburse the Club for the reasonable costs of putting right the damage via the payment method used to pay my membership fees.

PRIVACY ACT 2020: The authorities under this clause are authorities or consents for the purposes of the Privacy Act 2020.

I authorize the Club, or their agent to:

Access, collect, retain and use my information about me: (i) (including any overdue fines balance information held by the Ministry of Justice) for the purposes of assessing my creditworthiness; or (ii) For the purpose of marketing products and services to me.

Disclose information about me, whether collected by the Club from me directly, or obtained thereby from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by me.

I acknowledge that I have the right to request the Club for a copy of the information about me and retained by the Club, and the right to request the Club to correct any incorrect information about me held by the Club.

PERSONAL EMAIL AND CONTACT DETAILS: I must provide my personal email address in order to receive occasional emails with updates of my membership and increasing benefits. I agree to being sent these electronic communications and acknowledge that I have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed. I am obligated to ensure all my contact details are kept up to date.

RIGHT TO AMEND TERMS AND NOTIFY BY WEBSITE: The Club has the right to amend or vary these terms and conditions at any time. Updated terms and conditions will be available on the website.

CONDITIONS OF THIS AUTHORITY TO ACCEPT DIRECT DEBITS:

1.The Initiator a) 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 be provided either: (i). in writing; or (ii). by any other means which provides a verifiable record of the initiated transaction and where the Customer has provided prior 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. This notice must be provided either: (i) In writing; or(ii) by electronic mail where the Customer has provided prior written consent to the Initiator. 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. c) May, upon receiving an “authority transfer form” (dated after the day of this authority) signed by me/us and addressed to a bank to which I/we have transferred my/our bank account, initiate Direct Debits in reliance of that transfer form and this Authority for the account identified in the authority transfer form.

2. The Customer may: a) At any time, terminate this Authority as to future payments by giving 30 days written notice of termination to the Bank and to the Initiator. b) Stop payment of any direct debit to be initiated under this authority by the Initiator by giving written notice to the Bank and the Initiator 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 30 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 full force and effect in respect of all direct debits made from 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 with this authority. Any other disputes lie between me/us and the Initiator. I agree to pay any fees associated with and between Ezidebit and myself. This may include but is not limited to administration fees and on-going transaction fees. You can find the full terms and conditions by following this link Ezidebit_Terms_and_Conditions_en_NZ.pdf or alternatively, terms and conditions will be placed on the front desk for you. Currently, the initiator covers all administrative costs, however a $1.20 fee applies to each member per transaction from a bank account. If the customer chooses to use a Visa or MasterCard instead, only a fee of up to 5% and a $0.50 fee applies. A dishonour fee of $21.90 applies to all failed transactions and I agree to pay this fee. 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 Direct Debits. e) The Bank is not responsible for, or under any liability in respect of the Initiator’s 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(a) to the debtor responsible for the payment 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 or 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 its current fees for this service in force from time-to-time.