Membership Full Terms & Conditions

Full Membership Terms & Gym Rules

1. Agreement Definitions
• "Affinity" means Affinity Fitness Limited.
• "Agreement" or "Contract" means these Terms and Conditions of Membership, the Membership Registration Form, the Club Rules and your completed Debiting Form (if applicable).
• "Business Hours" means the hours in which the gym is open. The Business Hours are subject to change at Affinity's discretion.
• "Club Rules" means the rules pertaining to the use of the facilities that are included in the Agreement at Schedule A. This includes any subsequent amendments to the Club Rules.
• "Debiting Company" or "Debiting System" means Worldpay/Payrix or such other payment systems provider that Affinity uses to process membership payments by bank account direct debit of credit/debit card.
• "Dishonour Fee" means the amount charged by the Debiting Company if you fail to make a payment which is due and owing. The Dishonour Fee is subject to change by the Debiting Company's Terms and Conditions.
• "Joining Fee" means $29.00 unless stated or advised otherwise.
• "Membership Fee" or "Weekly Membership" means the fee stated on this Online Membership Registration Form.
• "Member" means the person named on the Membership Registration Form and any reference in the Agreement to "you" or "your" is a reference to the Member.
• "Minimum Term" means the minimum period in which you may not cancel your membership without being charged a cancellation fee.
• "Premises" means the part of the building at 107 Blenheim Road, Riccarton, Christchurch that is occupied by Affinity or any other facility owned by Affinity.
• "Security Key" means the physical or digital access key given to you upon becoming a Member that allows you access to the Premises during Business Hours.
• "Term" means the period of time specified on the Membership Application Form which commences on the date of the Agreement or on a specific start date.
"Transaction Fee" means the fee relating to the direct debit or credit card charge of your Membership Fee. This by default is debited weekly which forms part of this Agreement. The Transaction Fee is subject to change by the Debiting Company.
• "Us" means Affinity and "we" and "our" have the same meaning.

 

2. Cancellation, Duration, and Transfer
2.1 Cooling-Off Period
This Agreement is subject to a five (5) working day "cooling-off" period. If you choose to exit this Agreement within five (5) working days, you may do so. The Joining Fee and any applicable Membership Fees for this period are non-refundable.
2.2 Commencement of Term
The Term shall commence on the date you sign this Agreement or on a specific start date selected by you.
2.3 Membership Cancellation
To cancel your membership, you must fill in a Membership Cancellation Form. Membership Cancellation Forms can be found at Affinity Reception, or you can email info@affinityfitness.co.nz to receive a a cancellation submission link. Notice cannot be given over the phone for privacy reasons.
2.4 Member's Responsibility
It is your sole responsibility to make contact with Affinity via your registered email or in person if you wish to cancel your membership. Affinity will not contact you first.
2.5 Cancellation Fee
Option A: The standard cancellation fee is 80% of the remaining balance of your membership up until your minimum term.
Option B: The cancellation fee is based on the number of weeks you've completed in your membership. You'll be charged the current advertised weekly rate for the minimum term you most recently completed (These being; Month-to-Month, 3, 12, or 36 months), minus what you've paid to date.
Option A is advisable for members who have completed the majority of their membership term, whereas Option B is more suitable for those still in the early stages of their term.
For example: If you sign up for a 12-month minimum term and cancel after completing only 4 months, you will be charged the difference between the amount you have already paid and the total cost of a 3-month membership at the current advertised weekly rate (since 3 months is the minimum term you most recently completed).
2.6 Minimum-Term Contracts - Paid Weekly
All weekly memberships are minimum-term contracts and will not end until written notice of 28 days is given by way of submission through the online cancellation form.
2.7 Minimum-Term Contracts - Paid Month-to-Month & VIP Memberships
Month-to-month & VIP Memberships memberships have a one-month minimum term with a 14-day cancellation notice period, These memberships will not end until written is given by way of submission through the online cancellation form.
2.8 Paid in Full (PIF) Memberships
PIF memberships are pre-paid and non-refundable, however they are transferable.PIF memberships will end on the final day of the term stated.
2.10. No Refund Policy
Our "no refund" policy exists no matter how far through your term you are or how often you use your membership
2.11. Membership Transfers
Membership transfers may be made at Affinity's discretion for a fee of $30. All membership benefits and costs will then be transferred to the new member. The new member will be required to complete a new membership registration at reception.
2.12. Ultimate Add-On
If an Ultimate Add-On is purchased as part of a packaged membership, it will follow the same minimum term and cancellation conditions as that membership.
If an Ultimate Add-On is purchased separately (not as part of a packaged membership), it may be cancelled after completing a 4-week minimum term, with a minimum of 4 weeks' notice.

 

3. Membership Fees - Transaction, Dishonour & Set-up Fees
3.1. You agree to pay the Membership Fee either as an upfront payment or by direct debit/credit card through the Debiting System as nominated by you when you sign up.
3.2. If paying through the Debiting System, you acknowledge and consent to the Debiting Company charging you the Transaction Fee, Setup Fee, Standard Membership Fee and Dishonour Fee (if applicable) from your nominated bank account or credit/debit card.
3.3. Should you default on your membership fee, the Debiting Company will charge a dishonour fee. If a payment is continually missed the debiting company will recharge the outstanding amount weekly until the default is remedied. If the default is not remedied within twenty-one (21) days, your membership access will be paused. You will have a total of 8 weeks from the initial default to clear all outstanding debts or your membership will be deemed terminated and all outstanding debt including any cancellation fee will be passed to a debt collection agency for collection.
3.4. You will be legally liable to pay all outstanding fees, including any Dishonour Fees, Cancellation fees and Collection Fees charged by the debt collection agency.
3.5. Affinity will not issue refunds on direct debit, credit cards, prepaid or Paid-In-Full (PIF) membership fees.
3.6. The current Direct Debit/Credit card fees are as follows:
3.6.1. Bank Account Transaction Fee: $0.92 for direct debit
3.6.2. Direct Debit or Credit Card: 2.58% or $0.92
3.6.3. Account Setup Fee: $2.30 (charged once only)
3.6.4. Dishonour Fee: $4.60 (charged on each payment missed)

 

4. Termination of Agreement by Affinity
4.1. Without prejudice to any other rights or remedies which the parties may have, Affinity may terminate this Agreement immediately on giving written notice to you if:
4.1.1. You fail to pay any amount due under the Agreement on the due date for payment and such sum remains in default for a period of eight weeks (56 Days) from the initial default; or
4.1.2. You breach any term or condition of the Agreement, the Club Rules, or you carry out any offensive, threatening, inappropriate, dangerous or illegal activity or behaviour in, or in the vicinity of, the Premises.
4.1.3. You are charged or convicted of a criminal offence that, in the opinion of Affinity, brings the gym into disrepute or is inconsistent with the values, safety, or environment of Affinity Fitness.
4.2. On the termination of this Agreement for any reason, you shall immediately pay to Affinity all outstanding Membership Fees and Cancellation Fees.

 

5. Age Restrictions
5.1. Any person age 16 or 17 must have a parent or guardian co-sign the Agreement to join Affinity if you intend to join on a Weekly contract.
5.2 Paid-in-full (PIF) Memberships do not require a guardian's signature.
5.3 To use the gym, Members must be aged 16 years or over for safety reasons.
5.4 Members under the age of 16 years who have signed up without consent from a parent or guardian will have their non-refundable membership terminated.

 

6. Affinity's Obligations
6.1. We agree to use all reasonable endeavours to provide the services contracted for you in the Agreement. However, you acknowledge that our ability to provide those services may be affected by circumstances beyond our control which, without limiting the scope, may include:
6.1.1. The closure of parts or all of the Premises in an emergency;
6.1.2. The closure of parts or all of the Premises in order to carry out refurbishments or repairs.
6.2. Affinity takes health and safety seriously. Many of our office staff are qualified in First Aid. During our office hours, our staff will be there to assist with any minor injury you may have and can supply you with access to a first aid kit.
6.3. In the event of a cardiac arrest emergency call 111 immediately. Affinity has an AED (automated external defibrillator) located in the gym lounge. Please follow the automated instructions when using this machine.

 

7. Freezing Your Membership
7.1. You may freeze your membership once annually by giving us notice in writing or applying at Reception.
7.2. You can freeze your membership for a minimum of two (2) weeks and a maximum of three (3) months.
7.3. A freezing fee of $25.00 will be payable if you wish to freeze your membership, regardless of how long you freeze your membership. This fee can be charged to your account, or paid at Reception.
7.4. The duration of your membership will be extended by the period that you freeze your membership.
7.5. You cannot freeze your membership retrospectively.
7.6. Your membership will be automatically reactivated if access the Premises before your nominated freezing period ends.

 

8. Security
8.1. You must keep your Security Key safe at all times.
8.2. You must not give or lend your security key to any other person.
8.3. If you lose your Security Key, you may purchase a new Security Key at reception.
8.4. If Affinity discovers that you have allowed any other person to use the Premises with your Security Key, you may be instantly fined $150 (which will be charged to your account). If you fail to pay the fine, or you are caught repeating the offence, Affinity may terminate your membership without notice and with immediate effect. You will be liable to pay all outstanding Membership Fees and any Cancellation fees.

 

9. Additional Fees
9.1. Any fees or charges that may be payable for additional services and facilities will be set out online or on the price list available at Reception.
9.2. You agree to pay any such charges and fees in addition to your Membership Fee and acknowledge that all fees in this Agreement may change from time to time at the sole discretion of Affinity.

 

10. Data Protection and Privacy
10.1. By completing this Agreement you are providing personal information about yourself to Affinity. We take the privacy of our members seriously.
10.2. We will endeavour to use the method of communication that we deem appropriate to notify you of information. We will require you to confirm your preferred method of communication when registering as a member of Affinity.
10.3. You agree that we may use your personal information to:
10.3.1. Manage your membership;
10.3.2. Update and maintain our records;
10.3.3. Provide you with information about events and specials;
10.3.4. Recover outstanding debts, including Membership Fees and fines (which may include providing your personal information to a debt collection agency); and
10.3.5. personalise our products and services, and provide information to you about similar products or services that we believe may be of interest to you.
10.4. You may request access to your personal information at any stage and ask for changes or updates to be made.

 

11. Rules of Membership
11.1. As a member, guest or visitor, your use of the Premises is governed by the Club Rules. You agree to comply with the Club Rules at all times.
11.2. Affinity reserves the right to update the Club Rules as and when it is considered necessary.

 

12. Use of the Gym and Facilities
12.1. Your use of the gym and other facilities on the Premises is at your own risk.
12.2. By signing this Agreement, you confirm that to the best of your knowledge, you are fit and healthy and have not been advised by a medical practitioner or any other health professional that exercise is dangerous to your health.
12.3. Affinity and its contracted personal trainers are not responsible or liable for any injury or death caused on the Premises (during exercise or otherwise).

 

13. General
13.1. Affinity reserves the right to make changes to this Agreement at any time. Any future changes to this agreement will apply to you. Please contact reception to receive the current and most up-to-date terms and conditions of this agreement.
13.2. The rights given to you under this Agreement are personal to you, and cannot be assigned or transferred to any other person.
13.3. This Agreement is governed by New Zealand law.
13.4. The Terms and Conditions and the Club Rules are applicable to any facility owned and operated by Affinity Fitness.
13.5. Affinity is not obliged to offer a refund on any membership, personal training or other products sold by Affinity. Exchanges will not be accepted.
13.6. In the event that Affinity relocates to new premises, all membership contracts and the Terms and Conditions will be carried over and valid at the new premises.

 

14. Notices
14.1. The address for service for Affinity is 107 Blenheim Road, Riccarton, Christchurch 8024. If the address for service changes in the future Affinity will notify you.
14.2. Your address for service is either:
14.2.1. The postal address set out in the Membership Registration Form; or
14.2.2. Your email address set out in the Membership Registration Form.

 

15. Costs
15.1. All costs, claims, damages, losses and liabilities incurred by the enforcement of this Agreement, including solicitor-client costs and debt collection agency fees, will be payable by you.

 

SCHEDULE A GENERAL FITNESS CLUB RULES
• All Affinity members and those that are using the gym on a trial basis are expected to abide by the Club Rules and membership Terms and Conditions. Failure to do so may result in instant termination of that person's membership or fines of up to $150 being debited from that person's account.

 

Behaviour
• Any member or user of the facilities provided who conducts themselves in an improper manner, or knowingly violates any Club Rules may be refused access and have their membership terminated (refer to Terms and Conditions). Affinity reserves its right to amend the Club Rules at any time without notice.
• Use of abusive, discriminative or provocative language will not be tolerated and may result in termination of membership.
• Affinity reserves the right to terminate the membership of any person that is deemed (at the sole discretion of Affinity) to be threatening, rude or intimidating to other members or staff. This includes, but is not limited to, past or current behaviour, convictions, offensive tattoos, gang patches/colours.
• Any reports relating to the conduct of others, care of the facility or gym staff should be reported directly to the Affinity Reception or management.

 

Correct Apparel
• Affinity requires all clients to wear the correct apparel a shirt, singlet or other top worn with pants or shorts and covered gym shoes. Bare feet are not permitted on the gym floor at any time.
• All clothing changes must be done in the changing rooms.
Property Belonging to Members and Other Users of the Premises
• Affinity members and other users of the Premises may use the cubbyholes provided on the Premises for personal possessions. All property must be removed immediately following your workout.
• Affinity will not be responsible for any loss or damage to property belonging to members, those undertaking a trial at the Premises, or any person in or around the Premises.
• If loss or damage does occur, Affinity will take appropriate steps to assist. This includes looking into security footage and providing necessary resources to the Police.
• All members and those undertaking a trial at the Premises may be asked to pay reparations in full for loss or damage to equipment or property belonging to other members.
• Any misplaced or lost property belonging to members or other users of the Premises, once handed in, will be located at Reception and can be collected during office hours. Affinity reserves the right to dispose of the property without notice if not collected within one (1) month.

 

Property Belonging to Affinity
• No property belonging to Affinity may be taken off the Premises at any time.
• All members and those undertaking a trial at the Premises may be asked to pay reparations in full for loss or damage to equipment or property belonging to Affinity.

 

Security and Access
• All Affinity members using the Premises must have their current and valid Security Key on their person for access and identification.
• If you use the Premises outside of staffed hours and need assistance, please contact security via one of the options posted on the front "Members" door.

 

Bring a Friend
• Members who have the “Bring a Friend” option may bring one guest to train with them.
• Guests aged 17+ may train 24/7 and must be accompanied by the member at all times while on the premises.
• Guests aged 14–16 may only train between 7:00 am and 7:30 pm and must be accompanied by their parent or legal guardian at all times while on the premises.
• Affinity reserves the right to refuse guest entry at its discretion for safety, capacity, or behavioural reasons.

 

Safety
• Members and those undertaking a trial at Affinity are not permitted to offer any personal training assistance or exercise advice to others. Affinity will not accept any responsibility for consequences that may occur when members or those undertaking a trial at Affinity give instructions to others on how to use the equipment.
• All members and those using the facilities on the Premises are doing so at their own risk.
• For personalised assistance contact Reception and arrange a qualified Affinity Personal Trainer.
• Affinity members or other users of the Premises should be aware of their own fitness and exercise limits and should not exceed those limits. Please inform your trainer of your exercise limits.
• Spotting fellow gym users while they are lifting is recommended when working out on gym equipment that is likely to require you to exert yourself to your physical limit.
• There may be areas off-limits to members and other uses of the Premises. We ask that you abide by the signs provided and do not enter or access these areas at any time.

 

Food and Drink
• Food is not permitted on the Premises at any time.
• Drinks consumed during workouts must be in a container with a lid.
• Members and other users of the Premises must clean up after themselves.
• No alcohol or smoking of any kind is permitted in or around the Premises.

 

Parking Rules
• Members and other users of the Premises must abide by traffic and parking signs posted around the Premises and must be courteous to other drivers.
• If you park in a reserved, restricted or no parking area, Affinity reserves the right to have your car clamped or towed at your expense.

 

Injuries and Emergencies
• We take the health and safety of our members seriously. If an injury has occurred on the Premises, an incident report must be filed at Reception at the time of injury. If injury occurs outside of staffed hours, an incident report must be filed within 48 hours of the injury occurring. If you discover or witness an injury on the Premises, please notify staff immediately after taking appropriate action to ensure the injured member's safety as well as your own.
• A phone is available for use at Reception during office hours in case of a personal grievance or emergency. Please call 111 for all serious emergencies.
• If an emergency occurs that requires an evacuation from the Premises, please follow our evacuation plan and fire exit signs posted within the Premises leading you to the nearest exit.

 

Use of Equipment
• Members and other users of the Premises must not misuse, move or alter any of the equipment or property on the Premises.
• Please do not 'reserve' equipment by leaving a personal belonging over it.
• Please only use one machine or piece of equipment at a time.
• Equipment must be handled with care at all times. Any intentional abuse may result in automatic termination of your membership.
• Equipment should be returned to its proper place after use and machines should be wiped down with the towels and spray provided.
• Please refrain from dropping weights.

 

Other Rules
• Doors should not be propped open at any time.
• Showers are restricted to 5 minutes per person. You can turn the warm water on through the button located on the outside of the bathroom door. The 5 minutes begins when the button is pushed, not once the tap is turned on.
• A drinking fountain and bottle filler is provided on the Premises.
• Finally, train safe, respect others and have fun doing so.