TERMS AND CONDITIONS

TERMS AND CONDITIONS

In respect of The Gallery Fitness LTD (hereinafter referred to as The Gallery) affective 26th August 2018 until further notice and unless or until alternative terms are advised and agreed between us.

1. This agreement commences:

if you are on the The Gallery premises and have indicated your acceptance in the Declaration section of this web sign-up process.

OR

if you are not on The Gallery premises, after you have indicated your acceptance in the Declaration section of this web sign-up process before subsequently entering The Gallery's premises or after a period of 7 days has elapsed - whichever is earlier.

2. Membership commences immediately and you will be entitled to all rights and privileges exercisable for the type or membership chosen.

3. You, or the person for whom the membership is intended is 16 or more years old and all following terms and conditions apply to the member/user.

5. The Gallery reserves the right to reject any application for or renewal of membership without ascribing any reason for doing so.

FEES AND CHARGES

1. The total first payment amount is due from you to us and is payable upon the first specified Direct Debit date.This amount is not refundable in any circumstances whatsoever.

2. You are obligated to make the minimum number of Direct Debit payments stipulated, each and every week thereafter. For the avoidance or doubt, you obligated to make every Direct debit payment, regardless of non-attendance unless your Direct debit has been put on hold.

3. If a direct debit is returned unpaid on the due date, Ezidebit (NZ) LTD will charge a dishonour fee to your account in accordance with their Fees and Charges.

4. If you fail to pay any monies due under this agreement for a period of more than 30 days, we may pass the debt to a third-party company for collection. All reasonable costs incurred in employing such a third-party company will be borne by you, including costs in tracing you should you have changed your address without advising us.

5. Should we advise in our absolute discretion, take no further action or allow an additional short period of time to pay and / comply, it will not preclude us from strictly enforcing the terms of this agreement at a future date.

MEMBERSHIP RENEWAL

1. The Gallery reserve the right to amend membership fees as deemed necessary by the Directors, but will give members a minimum of 30 days notice of any proposed amendment.

2. In order to extend membership after completion of the minimum number of Direct Debit payments, we will automatically continue collecting the Direct Debit payment amount     every month and your membership will consequently be extended by one month in respect of each payment. Each payment is not refundable whatsoever.

3. This renewal Direct Debit may only be amended if we advise you in writing, giving a minimum of 30 days notice.

4. Please note: If your membership included a free period we will refrain from making collections during this period but recommence immediately thereafter. Should you decide to cancel your membership you undertake to notify The Gallery in writing or by email stating the reason for your decision.

TERMINATION

1. Fixed: You have contracted to remain a member for the term. If you do not wish to renew your membership for a further term you must provide us written notice two weeks prior to the expiry of the term that you do not wish to renew. If we receive written notice that you do not wish to renew your term, this agreement will terminate at the end of the term. This right of termination is in addition to any other rights of termination you may have in this agreement.

2. Casual: You may terminate this agreement at any time by providing written notice to the gym of your termination at least five banking days before the date your next payment     is due. Your termination will take effect from that next payment date. This right of termination os addition to any other rights of termination you may have in this agreement.

3. Termination for medical reasons: You may terminate this agreement by providing written notice to the gym from a qualified medical practitioner that certifies that you are permanently sick or unable to undertake any exercise regime for a period of three months.

4. Termination by breach: Either party may terminate this agreement by written notice to the other where there has been a material breach of this agreement where the breaching party does not remedy the breach within seven days of receiving notice of the breach. Any breach of the gym's policies of procedures or non-payment of fees due for a period of more than seven days will constitute a material breach.

5. Membership hold: If you know in advance that you will not be able to attend the gym for a period, you may put your membership on hold for a minimum period two weeks by providing us with notice of your intention to do so at least five working days before placing your membership on hold, no more than once every six months. On hold periods will not be counted in any notice period required for termination of your membership, or any minimum term.

GENERAL TERMS OF MEMBERSHIP

1. Members behaviour in The Gallery must not constitute a security or safety hazard to themselves or others.

2. You agree to comply with the 'Rules of membership' which are prominently displayed within The Gallery premises.

3. For the benefit for all concerned, The Gallery, at their absolute discretion, reserve the right to make reasonable changes to these rules, at any time and to terminate membership for breach of the rules, at any time and to terminate membership for breach of the rules or for conduct by the member which, in The Gallery's opinion, is damaging to the character or interests of The Gallery, or is offensive to other members of staff.

4. Whilst using The Gallery facilities members accept responsibility for their own state health and physical condition.

5. Members MUST advise staff of any personal current disability such as blindness, deafness, heart condition, epilepsy or other condition PRIOR to using the facilities, in order to avoid accidents, injuries or misadventures to themselves and others.

6. Entry to The Gallery is permitted only at The Gallery reception entrance.

7. With the exception of guide dogs, no pets will be allowed in The Gallery or its grounds.

8. All bags and outdoor clothing should be left in the cubby holes provided, items are left in the cubby holes solely at the members risk. The Gallery accept no liability for loss or damage.

I have read, understand and accept all the above terms and conditions