TERMS AND CONDITIONS OF "Pumping Iron Gym" MEMBERSHIP AGREEMENT (Updated - March 2022)
This Pumping Iron Gym membership agreement replaces any and all old membership agreements.
1. PARTIES TO AGREEMENT
The "Facility" means the organisation providing the services for which the Member is paying. The "Member" means the person or party signing this agreement. “Pumping Iron Gym " is Pumping Iron Gym Limited, All communication relating to this Agreement is to be sent directly to “Pumping Iron Gym or Debit Success".
The Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 3.
3. TERMINATION OF MEMBERSHIP
The Member may terminate this Agreement by giving 30 days written notice if all the instalments and fees due up to the date of termination are paid. This Agreement shall continue indefinitely until such time as the member requests in writing to “Debit Success", you can email your termination request to firstname.lastname@example.org after all instalments and fees due up to the date of termination have been paid, for it to terminate. The Member shall not consider that this membership has been terminated until such time as this is confirmed in writing to the Member by “Debit Success". To phone Debit Success and speak to someone regarding cancellations: 0800 481 0400
4. REFUNDS AND COVID-19 POLICY
Refunds will only be given as time in lieu where overpayment is made.
Refunds will not be issued if you have not followed our procedures, E.G Cancelling your membership with Debit Success as per our "Termination of Membership" procedure (clause 3).
Covid-19 policy: In general we do not automatically suspend/hold memberships during lockdowns. Most of our members are happy to help support us in times like this.
However if you wish to suspend/hold your membership at anytime we are happy to do so for you. Please note that there is a $25 charge for holding/suspending your membership.
To put your membership on hold you need to contact Debit Success: Email: email@example.com Phone: 0800 481 0400
5. LATE PAYMENT FEE
A late payment fee of $15.00 is payable by the Member to "Debit “Success” for each missed payment in accordance with the terms and conditions of this Agreement.
6. ADMINISTRATION FEE
A one-off loading fee of $25 is payable to “Pumping Iron Gym“ by the Member on signing of this Agreement.
7. MEMBERSHIP TRANSFERS, SUSPENSIONS AND FIXED TERM MEMBERSHIPS
Pumping Iron Gym does not do membership transfers.
Membership suspensions will incur a $25 charge. Maximum suspension time is 3 months.
Fixed term memberships are not eligible for cancellation, refunds, suspension or time extensions.
The Member acknowledges that personal information collected by or held by the Facility may be used by third parties approved by the Facility to make offers to the Member. If you prefer not to receive these third party offers please send your name and address with the appropriate direction to “Pumping Iron Gym or Debit Success” The Member also authorises the facility to contact the Member for any purpose. The Member has the right under the Privacy Act 1993 to obtain access to and to request correction to any personal information concerning the member held by the Facility.
To the extent permitted by law, the Facility shall not be liable or responsible to the Member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatsoever and howsoever arising. Nothing in this clause is intended to have the effect of Contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by that Act.
10. CREDIT/DEBT REPORTING AGENCIES
The Member authorises "Pumping Iron Gym" to notify any debt collection/credit reporting agency upon default by the Member in regard to any obligation under this Agreement. Should this occur the full outstanding balance including any current arrears shall be immediately due in full. The Member agrees to pay any and all costs incurred as a result of debt collection. “Pumping Iron Gym” will add a fee of $50.00 to the outstanding debt should the Member be referred for debt collection, this fee is to help cover the costs involved in the administration. There will also be a fee of 25% of the outstanding debit that is the commission fee for the debit collection agency.
The Member acknowledges that provision of services provided by the Facility may change and for the purposes of this Agreement is based on "entitlement" to use and not on actual use. The Member agrees to be bound by the rules and conditions of the Facility. The Facility may terminate entitlement of use of the Facility by any member if the Member fails to comply with the rules of conduct of the Facility or fails to make payment of any fee on the due date.
12. PROVISION OF SERVICES
Pumping Iron Gym may at any time change facility locations and or ownership of the facility. Change of locations or facility ownership does not affect you obligations under this membership agreement.
13. INCREASE IN FEES
The Facility may at any time upon sending written notice to the Member's last known address, increase the instalment amount, such increase to take effect immediately.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between the Member, the Facility relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
15. RULES OF CONDUCT
CCTV FOOTAGE OPERATES IN THIS FACILITY 24 HOURS A DAY 365 DAYS A YEAR AND IS USED TO IDENTIFY RULE BREACHES.
ANY MEMBER GIVING ACCESS TO A NON-MEMBER, EXPIRED MEMBER OR MEMBER WHO FORGETS TO BRING THEIR CARD
WILL AUTOMATICALLY BE CHARGED A SECURITY VIOLATION FEE AND/OR WILL FORFEIT THEIR MEMBERSHIP WITH BALANCE DUE AND PAYABLE IMMEDIATELY.
ACCESS RESTRICTION WILL APPLY TO YOUR CARD UNTIL VIOLATION FEE(S) ARE PAID IN FULL.
* ALWAYS USE COLLARS ON ALL BARS AND LEAVE COLLARS WITH BARS
* PUT WEIGHTS AWAY IN THEIR CORRECT PLACES - DO NOT MIX UP DIFFERENT PLATES ON SAME STORAGE PINS
* DUMBBELLS GO BACK ON THE CORRECT RACK IN ORDER OF WEIGHT INCREASE (not where you see a gap!)
* DO NOT REST DUMBBELLS OR BARS ON ANY BENCHES - PLACE ON FLOOR BETWEEN SETS
* UNLOAD MACHINES IMMEDIATELY AFTER USE OF THAT MACHINE
* DO NOT REMOVE EQUIPMENT FROM THE ROOM IT IS LOCATED
* DO NOT DROP DUMBBELLS OR METAL WEIGHTS - CONTROL YOUR DUMBBELLS ALWAYS!
Members must at all times follow the latest government rules and regulations within the facility.
DEBITSUCCESS PAYMENT AUTHORISATION
TERMS AND CONDITIONS
“Customer” means the person or party signing this Payment Authorisation Form.
“DEBITSUCCESS” means Debitsuccess Limited (Address: 5 The Warehouse Way, Northcote, Auckland; Phone: 0800 481 0400; Email: firstname.lastname@example.org)
“Facility” means the organisation providing the service for which the Customer is paying.
“Membership Agreement” is the agreement provided by the Facility setting out the terms and conditions on which the Facility will provide its services to the Customer. The Customer acknowledges that DEBITSUCCESS has been contracted by the Facility to collect the payments due under the Membership Agreement. The Customer acknowledges that DEBITSUCCESS may collect, retain and use the Customer’s personal information so that it can collect payments and that DEBITSUCCESS may transfer the Customer’s personal information to the Facility or another service provider after DEBITSUCCESS has ceased to collect payments on the Facility’s behalf.
Nothing contained in the Membership Agreement or the Payment Authorisation Form shall deem DEBITSUCCESS, the agent of the Facility, for any purpose other than the collection of payments due and payable under the Membership Agreement.
You acknowledge that DEBITSUCCESS shall not in any way be liable to you for the provision of services.
DEBITSUCCESS shall administer the collection of payments due by you to the Facility. All payments due by you shall be made directly to DEBITSUCCESS in the manner specified in the Membership Agreement.
It can take up to three (3) days for payments to be processed from your account. Your obligation under this agreement is to ensure sufficient funds remain available to cover the instalment amount specified in this agreement for at least three (3) days after the nominated instalment date.
Your obligations under this Payment Authorisation Form shall continue for the duration of your Membership Agreement.
3. FAILED PAYMENT FEE
Debitsuccess shall charge a failed payment fee for every payment that is dishonoured by your bank.
4. ADMINISTRATION FEE
Debitsuccess shall charge an administration fee to the Facility for establishing and administering your account. You acknowledge that the Membership Agreement permits the Facility to obtain reimbursement of this fee from you.
CONDITIONS OF THIS INSTRUCTION TO ACCEPT DIRECT DEBITS
1. The Initiator:-
1.1 Has agreed to give written advance notice of the net amount of each Direct Debit and the due date of the debiting at least two calendar days before the date that the Direct Debit will be initiated. This notice will include the following message:-
“Unless advice to the contrary is received from you by the billing start date*, the amount stated on the front of this form will be directly debited from your bank account on (initiating date).”
* this date will be at least two (2) days prior to the initiating date to allow for amendment of Direct Debits.
1.2 May, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice, the Bank may terminate this Instruction as to future payments by notice in writing to the Customer.
1.3 The Customer may:-
1.3.1 At any time, terminate this Instruction as to future payments by giving notice of termination to the Bank and to Debitsuccess.
1.3.2 Stop payment of any Direct Debit to be initiated under this Instruction by Debitsuccess by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
1.3.3 Request the Bank to reverse any Direct Debits initiated by the Debitsuccess under the Instructions by debiting the amount of the Direct Debits back to Debitsuccess through Debitsuccess’ bank, to the extent that Debitsuccess cannot produce a copy of the Instructions and/or confirmation that reasonably demonstrates the Customer’s authorisation to the Bank to accept Direct Debits from Debitsuccess against the Customer’s account, PROVIDED the request is made not more than nine months from the date when the first Direct Debit was debited to the Customer's account by Debitsuccess under the Instructions.
2. The Customer acknowledges that:-
2.1 This Instruction will remain in full force and effect in respect of all Direct Debits passed to the Customer’s account in good faith notwithstanding the Customer’s death, bankruptcy or other revocation of this Instruction until actual notice of such an event is received by the Bank.
2.2 In any event, this Instruction is subject to any arrangement now or hereafter existing between the Customer and the Bank in relation to the Customer’s account.
2.3 Any dispute as to the correctness or validity of an amount debited to the Customer’s 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 Instruction), and should be referred to Debitsuccess. Any other dispute lies between the Customer and Debitsuccess.
2.4 The Bank accepts no responsibility or liability for the accuracy of information on bank statements relating to any Direct Debits.
2.5 The Bank is not responsible for, or under any liability in respect of:-
2.5.1 any variations between notices given by Debitsuccess and the amounts of Direct Debits;
2.5.2 Debitsuccess’ failure to give written advance notice correctly, or for the non-receipt or late receipt of notice by the Customer for any reason whatsoever. In any such situation, the dispute lies between the Customer and Debitsuccess.
3. The Bank may:-
3.1 At its absolute discretion, conclusively determine the order of priority payment by it of any monies pursuant to this or any other instruction, cheque or draft properly executed by the Customer or given to or drawn on the Bank.
3.2 At any time, terminate this Instruction as to future payments by notice in writing to the Customer.
3.3 Charge its current fees for this service in force from time-to-time.