1. INTRODUCTION
    1. This Contract governs your right to use the SERVICES, other rights you have and payment terms including how DEBIT SUCCESS will debit your nominated bank account or credit card on behalf of AUT Sport & Fitness Centres for any instalments or payments due by you under this Contract.
    2. All queries regarding payment terms and the provision of the SERVICES should be directed to the FACILITY.
    3. In the event of any inconsistency between the terms of this CONTRACT and any terms, conditions and Contractual agreements made between the FACILITY and you the terms of this Contract shall prevail.
  2. NOTICES
    1. You may contact the FACILITY via the following methods:

      Email: gym@aut.ac.nz
      Via website: www.gym.aut.ac.nz

    2. You may contact DEBIT SUCCESS via the following methods:
    3. Telephone: 09 481 0400
    4. Via website: www.DEBITSUCCESS.com
  3. DEFINITIONS
    1. In this Contract, the following words mean:
      1. “ADMINISTRATION FEE” means the one-off fee of the amount set out in the PAYMENT PLAN SECTION;
      2. “COMMENCEMENT DATE” means First Payment Date (unless otherwise agreed);
      3. “CONTRACT” means this Contract (which includes, without limitation, the membership details section, CUSTOMER details section, PAYMENT PLAN SECTION, direct debit section, declaration section, these terms and conditions and conditions of instruction to accept direct debits);
      4. “CUSTOMER” or “you” means the person entering into this Contract;
      5. “DEBIT SUCCESS” means DEBIT SUCCESS Limited, a company incorporated in New Zealand;
      6. “FACILITY” means the entity providing the SERVICES to you, and/or the entity’s franchisees (as applicable);
      7. “PAYMENT PLAN SECTION” means the terms set out in the box headed “PAYMENT PLAN”;
      8. “PERSONAL INFORMATION” means any information that can or may be used to identify you including Your name, address, e-mail address and payment information;
      9. “SERVICES” means the right to use the SERVICES provided by the FACILITY to you and includes any reasonable changes made to such SERVICES following the COMMENCEMENT DATE to the extent that such changes do not materially disadvantage you;
      10. “WORKING DAYS” means any day other than a Saturday, Sunday or public holiday including anniversary day in Auckland New Zealand.
  4. TERM
    1. This Contract will start on the COMMENCEMENT DATE and will continue until terminated in accordance with clause 5 or otherwise in accordance with this Contract.
  5. TERMINATION
    1. If you wish to terminate this CONTRACT, then you may do so in accordance with this clause:
      1. Under the Credit Contracts and Consumer Finance Act 2003, you have the right to cancel your membership within five (5) working days of receiving a paper copy of this Agreement and all other applicable membership information, or within seven (7) working days if you receive this information electronically. Such notice of cancellation must be made in writing to the FACILITY. If you cancel during the cooling off period, your membership with the FACILITY will end, and you will be refunded any initial payments or direct debit fees deducted, together with any credit balance left, less the cost of any services provided to you and any reasonable fees (including administration fees). The cooling-off period starts once you provide all the information that the law requires. If you haven’t provided all the necessary information, the FACILITY can cancel the contract at any time.
      2. If you wish to terminate this Contract, you must give 10 days’ written notice of termination to the FACILITY. All payments that fall due within the 10-day notice period is payable in full on or before expiry of the termination notice.
    2. The FACILITY may terminate this Contract immediately by giving notice in writing to you if you are in breach of this Contract (including failure to make payment) and the breach has not been remedied 10 WORKING DAYS after notice has been given to you requiring the breach to be remedied.
    3. you may terminate this Contract immediately by giving notice in writing to DEBIT SUCCESS or the FACILITY if the FACILITY is in material breach of this Contract and the breach has not been remedied 10 WORKING DAYS after notice has been given to the FACILITY requiring the breach to be remedied.
    4. Termination of this Contract will also terminate the instruction to accept direct debits.
  6. FURTHER CUSTOMER AGREEMENTS
    1. You agree that:
      1. Change in FACILITY details – Neither a reasonable relocation of the premises where the SERVICES are ordinarily provided (to the extent that such relocation is within a 4km radius), nor changes in the ownership of the FACILITY, or the name of the FACILITY, affects Your obligations under this Contract except to the extent that such change disadvantages you.
      2. You shall:
        1. comply with any reasonable rules and conditions of the FACILITY relating to the SERVICES; and
        2. make any payments required under this Contract when due.
      3. Electronic communications – you agree that DEBIT SUCCESS and/or the FACILITY may communicate with you electronically (including via email) in relation to this Contract, understanding that at times these communications will contain confidential and or commercially sensitive information. DEBIT SUCCESS and/or the FACILITY will ensure there are safeguards in place that are reasonable in the circumstances to prevent loss, misuse or disclosure of Personal Information.
    2. You must inform the FACILITY of any changes in name, address, contact details or payment details. You agree that DEBIT SUCCESS is entitled to take payment from the account set out in the direct debit section of this Contract until you provide the FACILITY with any new account details that should apply, even after the payment card has expired.
  7. PAYMENTS
    1. At the date of this Contract the ADMINISTRATION FEE is the total amount payable by you under this Contract. This is stated under the Total Value of Contract set out in the PAYMENT PLAN SECTION.
    2. You shall pay the instalments in the amounts and at the frequency set out in the PAYMENT PLAN SECTION for the term of this Contract.
    3. You may alter the day to debit by requesting a change with the FACILITY. However, any changes shall not affect the total amount you would otherwise be required to pay. The FACILITY will provide you a summary of the changes that are made prior to the changes taking effect.
    4. Should there be any payments in arrears, you authorise the FACILITY to debit the outstanding balance in order to bring the account up to date. Where the day to debit does not fall on a working day, the payment will be processed on the next working day.
    5. You or the FACILITY may suspend (freeze) your membership if you qualify under the membership suspension conditions set out by your Membership. Suspension fees may apply. To be eligible for a membership Suspension you must be in good standing with all processing and enrolment fees paid and you must be current on your membership fees. Suspensions must be requested two (2) working days in advance and may be applied for a maximum of 120 days and must have an end date. Suspensions longer than 120 days require evidence of a medical certificate and will be at the Managers discretion. Memberships may be automatically suspended during a government mandated shutdown such as during a national crisis or pandemic. Suspension fees will not apply to suspensions that occur as a result of such suspensions.
  8. FEES
    1. The ADMINISTRATION FEE is payable by you on signing this Contract for administrative costs associated with Your membership. YOU acknowledge that some of the ADMINISTRATION FEE may be paid by DEBIT SUCCESS to the FACILITY.
    2. A reversal fee of an amount set out in the PAYMENT PLAN SECTION of the Contract is payable by you to the FACILITY for each reversal of a payment initiated in accordance with this Contract.
    3. If you default in making any payment when it is due you shall also pay the fees stated in clause 9 (Debt Collection Action).
    4. You authorise the FACILITY to take any fees owing under this clause by direct debit and to add any late fees owing under this Contract to any instalments paid by you (as a separate payment or otherwise).
    5. If you fail to pay any amounts according to the PAYMENT PLAN SECTION, late fees will apply on each payment that is due but not received.
    6. We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any late fee. If late fees are or may be incurred as a result of a DEBIT SUCCESS and/or FACILITY error, please let us know, and we will waive or refund such fees, as relevant.
  9. DEBT COLLECTION ACTION
    1. Where you default in making any payment when it is due under this Contract you:
      1. authorise the FACILITY to notify any debt collection or credit reporting agency of the default.
      2. where the FACILITY refers the debt to a debt collection agency, you authorise the FACILITY to add a default handling fee to the outstanding debt; and
      3. agree to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).
  10. PRIVACY
    1. The FACILITY will collect, use, store, and disclose personal information relating to members and visitors of the FACIITY in accordance with the provisions of the Privacy Act 2020. Where practicable all such personal information is obtained directly from the individual, or from their nominated agent(s). Additionally, information may be obtained or verified through relevant government or education agencies, including AUT. This privacy statement operates in conjunction with AUT’s Privacy Policy.
    2. The Type of personal information the FACILITY will normally collect from individuals and maintain for its purposes include
      1. Full name
      2. Date of birth
      3. Gender
      4. Contact details (address, phone and email address/es)
      5. Emergency contact details
      6. Ethnic identification*
      7. Nationality
      8. Health status/medical history
      9. Photograph/s (for identification purposes)
      10. AUT ID Card barcode for gate entry
      11. Records of messages to FACILITY staff
      12. CCTV footage
      13. Normally represents statistical information and to inform best practice in the University equal opportunity policy development and implementation. As per the Human Rights Act 1993 (New Zealand Legislation website), sensitive personal information will not be used to discriminate.
    3. Security and Unique ID Information will be controlled by the FACILITY and all reasonable security measures will be maintained in accordance with the Privacy Act 2020 and AUT’s cyber security requirements. A unique identifier will be assigned to each member or visitor, which will be used in conjunction with a secondary means of identification or password/PIN.
    4. Staff members and other personnel within the FACILITY or within agencies under contract to the FACILITY will have access to members’ personal information for purposes relevant to normal FACILITY operations including but not limited to:
      1. Creating and maintaining membership records
      2. Entry to and use of facilities
      3. Attendance and participation in services
      4. Events and activities
      5. Facilities and/or services requiring a booking
      6. Providing IT services (i.e. AUT App)
      7. Supplying members with PerfectMind accounts for use with the FACILITY
      8. Fees, charges, invoicing and debt reconciliation
      9. Assigning client identification numbers
      10. Providing general assistance to members
      11. Establishing and maintaining reports
      12. Confirmation of identity
      13. Strategic reporting
      14. Budgeting and forecasting
      15. Marketing/public relations
      16. Contacting emergency contacts in case of incident or emergency
      17. Administering security
      18. Health and safety practices
      19. Discipline
      20. Managing and improving the quality of services provided by the FACILITY
    5. Where collection, provision or disclosure of information is voluntary or falls outside the scope of information, the FACILITY is permitted to collect, store, use and disclose under the Privacy Act 2020. Members will be advised, and their consent will be obtained prior to the collection, provision, or disclosure of information.
    6. The FACILITY will make information held about members available to them upon request and in accordance with the Privacy Act 2020. Members have the right to request correction of personal information held in accordance with the provisions of the Privacy Act 2020. You can request access to, or the correction of, any information we may hold on you at any time by contacting us directly. If a member withholds information or provides incomplete, false, or misleading information the FACILITY may decline or cancel the membership, entry to and use of its facilities and/or services.
    7. DEBIT SUCCESS acknowledges that:
      1. it is responsible for the security of your PERSONAL INFORMATION that it possesses or otherwise stores, processes, or transmits on Your behalf; and
      2. t will maintain all applicable Payment Card Industry Data Security Standard requirements to the extent that it handles, has access to, or otherwise stores, processes or transmits Your cardholder data or sensitive authentication data.
  11. LIABILITY
    1. You agree that under no circumstances will DEBIT SUCCESS be liable to you or in any way responsible for the provision of the SERVICES by the FACILITY or for the use by you of the FACILITY’s premises.
    2. The parties agree that neither you, the FACILITY, DEBIT SUCCESS (or any of their related companies, directors or employees) will be liable for any injury, loss or damage that is not reasonably foreseeable, that arises out of or in relation to this Contract.
  12. CONTRACTUAL PRIVITY
    1. You acknowledge that DEBIT SUCCESS has been Contracted by the FACILITY to collect the instalments due under this Contract and, for the purposes of part 2, subpart 1 of the Contract and Commercial Law Act 2017 you acknowledge that all rights of the FACILITY pursuant to this Contract are able to be enforced by DEBIT SUCCESS as if it were the FACILITY, without any involvement on the part of the FACILITY or Your further consent.
  13. SEVERABILITY
    1. If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
  14. DISCLOSURE
    1. The FACILITY provides you with initial disclosure of the key terms of this Contract. You acknowledge that this is provided by this Contract being sent to Your e-mail address.
  15. DISPUTE RESOLUTION
    1. If you have any dispute or complaint regarding the terms of this Contract you should contact the FACILITY directly.
  1. INTERPRETATION
    1. Any reference in this Contract to legislation is to legislation in force and includes any subordinate legislation, by-law, regulation, order, statutory instrument or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.
  2. MEMBERSHIP
    1. Your membership permits you to use THE FACILITY premises, Facilities, equipment, and Services as defined by the membership type you selected upon joining.
    2. Your membership is non-transferable by you unless deemed appropriate by FACILITY management.
    3. All Members must have their own membership card and use it at each arrival. The FACILITY has the right to deny entry to any Member or person who cannot produce a valid membership or ID upon entry.
    4. Access may be revoked to any Member who is in breach of these terms and/or their Membership Agreement
    5. Community members will be issued with a membership card - replacement cards incur a charge of $6 per card
    6. Management and AUT Security reserve the right to refuse entry to any person at any time or to remove persons guilty of disruptive or disorderly conduct – including, but not limited to; verbally or physically threatening staff or other persons, swearing aloud, and gaining unauthorised and/or wrongful access.
    7. Failure to comply with these rules will result in a verbal warning, written warning, and/or removal from the gym.
    8. Continued abuse of the rules may result in suspension or cancellation of membership.
    9. The centre is not open on public holidays and the opening hours will be reduced over the Christmas and New Year period.
    10. In the case of an unforeseeable event whereby the FACILITY became unusable or inaccessible the AUT SFC reserves the right to provide an alternative venue if at all possible.
    11. From time to time, the FACILITY will, acting reasonably and considering the ethics of the situation, be forced to utilise the venue on behalf of the interests of the greater university, region or nation. In this case, a service or the FACILITY may be cancelled or closed with minimum notice. The FACILITY may be forced to act on behalf of AUT on any of the following: Civil Defence, AUT Educational Services, AUT Vice-Chancellors Office, Orientation, National Sport, Government representatives or other official representatives.
    12. Our North & South Centres are primarily a learning & teaching centre, at times the Weights Room, Group Exercise Studios, or Stadium are booked exclusively and closed for member’s use
    13. Parking at the Sport & Fitness Centre North Campus (Carpark 3) is for community gym members only. All carparks are monitored by Parking Enforcement Services, parking in any other carpark or failing to display a parking permit during the hours of 6am to 6pm Monday to Friday may result in a parking infringement.
  3. HEALTH & SAFETY
    1. Use a towel during workouts; a "no towel, no workout" policy applies in the gym area.
    2. All equipment must be wiped down after use with wet wipes or cleaning sprays provided.
    3. In the interest of safety, fully enclosed footwear and appropriate training attire (no jeans, jandals, work boots, muddy shoes or ripped clothing) must be worn in all gym areas at all times. You must always wear a shirt or crop top in all gym areas. 21.4 Each Member is asked to be considerate towards other gym users including allowing others the use of equipment between sets.
    4. No persons under the age of 15 are allowed into the Weights Room unless supervised by an approved trainer.
    5. Do not drop free weights or machine weight stacks.
    6. In consideration of others, all weights, dumbbells and bars must be returned to storage racks after use.
    7. No food is allowed in the Weights Room.
    8. Water/sport drinks in enclosed bottles only
    9. Use of drugs and alcohol on University grounds or accessing a Centre while under the influence of drugs or alcohol, is strictly prohibited. Any Member found or suspected to be using a Centre while under the influence of drugs or alcohol may be asked to leave the premises and/or have their membership terminated effective immediately and/or authorities notified.
  4. VIDEO SURVEILLANCE
    1. For security purposes, AUT Sport & Fitness Centres use video surveillance equipment to monitor our Centres on a 24-hour basis. By signing a Membership Agreement, you acknowledge that by accessing our Centres, YOU will be subject to video surveillance and recording that will be used for security purposes. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas. The FACILITY acknowledges that they will not use any surveillance obtained pursuant to this clause for any purpose other than for the purposes of this Agreement.
  5. PHOTOGRAPHY & FILMING
    1. For privacy reasons, Members must not take photos or videos of other Members at a Centre without their permission. This includes social media. The use of cellphones, photography and filming are strictly prohibited inside the changing facilities.
    2. The FACILITY holds the right to film and photograph in the club for the purpose of promotional material. Should this take place whilst you are in the Centre you will be notified.
  6. WIFI
    1. Complimentary access to a Centre’s Wi-Fi is available for Members to make responsible use of. All Members must abide by all laws relating to safe and legal internet use. No illegal downloads, streaming or viewing of material deemed to be inappropriate by the FACILITY is allowed. The FACILITY reserves the right to change and update passwords regularly.
  7. RELEASE & INDEMNITY
    1. You agree to abide by the AUT Sport & Fitness Centre’s Rules, safe use and the user courtesy guidelines established by the management of this FACILITY. It is expected that all members will familiarise themselves with these guidelines (including parking rules at the North Campus Fitness Centre).
    2. You acknowledge that the use of these facilities involves the possible risk of injury / and or damage and subject to any rights you may have pursuant to the Consumer Guarantees Act 1993. You agree that by using these facilities you personally assume that risk and release AUT University and its officers and employees from any liability, claims, losses, damages or expenses caused by or arising out of or in connection with my use of the facilities including, but not limited to:
      1. Personal injury or death
      2. Property loss, theft or damage
      3. Any other loss, damage, suffering, emotional or nervous shock or disorder
    3. In signing this form you confirm that you suffer from no physical or medical condition which may be aggravated by your use of the facilities, unless specified and cleared by a medical professional.
    4. You consent to receive medical treatment in the case of injury, accident or illness which you may suffer in the course of or connected with your use of the facilities at the centre and agree to indemnify AUT University and its officers and employees against any claims in respect of such treatment.
    5. Each person expressly acknowledges that the decision to enter the Centre premises and surrounds, participate in a programme, utilise equipment and/or take advantage of the services offered therein is at his or her own risk.