Terms and Conditions Agreement
The Lion Pit Limited ('TLP', 'we', 'us', or 'our') own and operate a boxing gym on levels 1-2 of 6 Vivian Street, Te Aro, Wellington (the Club). This Membership Terms and Conditions Agreement (the Agreement) sets out the terms on which you will accept either a Black or Flexible Membership with us (as specified on the Membership Form) or a 10 trip class pass. This Agreement, together with the Membership Form and Club Rules, constitutes the entire agreement, understanding and arrangement between you (the 'Member') and TLP and replaces all earlier negotiations, representations, warranties, understandings and agreements between the Member and TLP (whether oral or written) relating to its subject matter.
1. Conditions of membership
By applying for a membership at our Club, you:
confirm that you are over the age of 16 (and if you are either 16 or 17, provide us with parental consent); and
agree to comply with:
the terms of this Agreement:
the Club Rules; and
any reasonable instructions of TLP employees.
2. Membership Entitlements
As a holder of a Black Membership, you are entitled to access the Club twenty four (24) hours per day seven (7) days per week and attend standard classes.
As a holder of a Flexible Membership, you are entitled to access the Club either during its standard staffed hours (as specified on the website) or twenty four (24) hours per day (as specified on the Membership Form) and attend standard classes.
You can also purchase single and ten trip class passes to be used within 12 months of purchase. There will be no refunds for unused passes. These class passes are governed by these terms and conditions where relevant.
All Memberships do not include personal training services or specialist classes such as Fighters Fitness, Fight Camps, or any other specialist classes we add to our schedule. Details of specialist classes will be available on our website.
We are unable to guarantee availability of equipment or spaces in classes, particularly during peak hours (between 5:45-8PM).
Personal trainers and other specialists may operate from our Club. They are not our employees or agents, but operate independent businesses from our Club by arrangement with us. If you choose to use their services, you must enter in to a contract with and pay them directly.
From time to time we may need to close the Club or reduce the Club's services for maintenance, events, public holidays or any other reason. In the event of closure or reduced services, TLP will notify Members either via email or the website.
3. Membership Period
The Membership Form specifies the details of your membership. It will indicate the type of membership to the Club you have agreed to sign up for, the start date and the Minimum Period, which will be either 12 months (Black Memberships) or a month by month open term (Flexible Memberships).
During the Minimum Period you agree to pay the fees (specified in the Membership Form) in the manner set out in this Agreement, even if you do not attend the Club or use any of your Membership Entitlements.
You may cancel this Agreement by notifying us in writing of your intention to cancel within 5 working days from the date TLP has accepted this contract. If you cancel within this period, you must pay for any services provided to you, including use of the gym and attendance at any of our classes. We will refund any credit balance to you. The terms of this paragraph applies to Memberships only and not class passes.
Expiry of Minimum Period
If you choose a Black Membership and the Minimum Period expires, we will contact you and ask you if you want to continue your membership at the current rate, subject to any CPI fee increases under clause 4, for a further Minimum Period of 12 months or if you want to change to a Flexible Membership at the then current Flexible Membership rate. You will need to respond in order for your membership with TLP to continue.
4. Fees and Payment
By accepting the terms of this Agreement, you agree to pay:
a one-off joining fee (set out in the Membership Form and included in your first direct debit payment), which covers your introduction to the Club, a beginners class (which is compulsory for those new to combat sports) including an initial ability assessment, your swipe tag which will give you entry to the Club* and health and safety assessment/briefing;
monthly fees, specified in the Membership Form ('Membership Fees');
any late payment fees under clause 5 of this Agreement; and
any Termination Fees under clause 8 of this Agreement.
*Your swipe tag is our property for your personal use. You must not lend it to any other person to use. If you lose or damage your swipe tag, we will charge you [$50] for a replacement. On termination or expiry of your membership you must return your swipe tag to the club. If you have been charged for a replacement swipe tag you will not be entitled to a refund.
We collect Membership Fees from you by direct debit via a third party direct debit collector. As part of signing up as a Member, you must also agree to our third party direct debit collector's terms and conditions. Joining fees and monthly fees are paid in advance.
We will increase the Membership Fees and Termination Fees each year on 1 July consistent with the New Zealand Consumers Price Index increase for the year and notify you by email. If you have a Black Membership with us, your fees will not increase for the Minimum Period but will increase to the new rate on its expiry if you choose to continue your Black Membership.
All fees include GST.
5. Overdue payments
If any payments are missed you will be charged a late payment fee of by us and any late payment fees you have agreed with our third party direct debit collector. You will not be able to access the Club until you visit and pay what is owing. If you don't pay before the next due date, you will have two monthly payments due and two late payments fees, one for each missed payment. This pattern will continue each month until you pay what is owed to TLP.
6. Suspension of membership
Whether you have a Secondary or Tertiary Student membership, Black or Flexible Membership, you have the option, by agreeing with us in writing, to suspend your membership for a total period of up to 2 months each year. This means you won't be able to access the Club, but you also won't be charged fees for the agreed period. You will be liable to pay any fees associated with suspending your membership that are set out in our third party direct debit collector's terms and conditions.
7. Termination by TLP
We may terminate this Agreement at any time with immediate effect if you:
breach any term of this contract (including breaching Club Rules or missing fee payments); or
carry out any illegal, offensive or unsafe activity on Club premises, as reasonably determined by us.
We may terminate this Agreement at any time without cause with 14 days written notice to you.
8. Termination by you
You may terminate this Agreement at any time without cause by giving us 30 days prior written notice.
If we make any changes to this Agreement as per clause 12, you may terminate this Agreement with immediate effect without paying any Termination Fee (if applicable).
For Black Memberships, if you choose to terminate this Agreement before the end of your Minimum Term, you agree to pay a Termination Fee - the lesser of: the remaining balance owed for the rest of the term of this agreement; and $150.
Alternatively, you may transfer your membership to another person by receiving our prior written consent to do so (not to be unreasonably withheld) and paying a one-off fee of $50.
9. Force Majeure
A Force Majeure Event occurs when, in relation to either party (the 'Non-Performing Party') an event or circumstance which is beyond the reasonable control of the Non-Performing Party, including (but not limited to):
a) an earthquake, flood, volcanic eruption, fire, lightening, tempest, fog, bad weather or other act of God;
b) an act of public enemy, or declared or undeclared war or threat of war;
c) a terrorist act, blockade, revolution, riot, insurrection, civil commotion, strike or public demonstration (other than one caused by the Non-Performing Party);
d) the act of any government or authority (including refusal or revocation of any licence or consent);
e) or power failure, failure of telecommunications lines, theft or malicious damage,
but does not include any event or circumstance which could have been avoided, prevented or circumvented by the exercise, by the Non-Performing Party, of best industry practice.
Where either TLP or the Member are unable, wholly or in part by reason of a Force Majeure Event, to carry out any of its obligations under this Agreement then that obligation is suspended for so long as, and to the extent that, it is affected by a Force Majeure Event.
If by reason of a Force Majeure Event the delay or non-performance of all or part of the Non-Performing Party's obligations under this Agreement continues for more than 30 days, the other party may terminate this Agreement by giving 5 days written notice to the Non-Performing Party. For the avoidance of doubt, if you were to terminate this Agreement under this clause 9, you would not be liable for any further Termination Fees.
10. Your rights
You have rights under the Consumer Guarantees Act 1993. Subject to those rights and the rights under any contract between us, and to the extent permitted by law, you agree that we will not be:
a) liable to you for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property, however it arises. Compensation for personal injury by accident in New Zealand is covered by Accident Compensation Act 2001;
b)obliged to give you any refund if you fail to use your membership or if you terminate your contract within its term.
10. Maximum liability
To the extent permitted by law, we limit our liability to you to the Membership Fees paid by you in the twelve months prior to the date on which our liability to you arose.
12. Changes to this Agreement
TLP may change the terms of this Agreement at any time. If TLP changes the terms of this Agreement during the Minimum Period and you believe that change will be detrimental to you, please contact us. We will either let you remain on the existing terms of the Agreement or let you terminate the Agreement without paying any Termination Fees.