Membership Terms & Conditions
PLEASE READ CAREFULLY
NOTE: We may need to make changes to this membership agreement from time to time and we will give you one month’s notice of any changes which may be by email. Where you are still in the Initial Term (see below) and we reasonably believe that a change will be detrimental to you (unless it is required by law) we will offer you the right to cancel the contract (see “How to Cancel” below). You may have other rights under the Consumer Guarantees Act, the Fair-Trading Act, or other consumer law. This Membership Agreement is between the member whose details are on the front page of the Membership Questionnaire and the Guarantor (if applicable) and Forge Fitness Limited trading as Forge Fitness (we, us, club).
1.1 USE OF THE CLUB:
Your membership gives you the right to use the club facilities during normal opening hours and on the terms of this Agreement. It does not cover additional costs like food or drink, special classes, or personal training, which you must pay for separately. We will take reasonable care to ensure that facilities are available, but sometimes demand from other members or circumstances beyond our control such as equipment failure may mean that the equipment you want to use may not be available. The gym may also be closed due to occurrences such as natural disasters (such as fire, flood, earthquake, etc) or otherwise (such as power failure). We do not guarantee that the class schedule or timetable at the time of joining will be available throughout your term as classes may change and/or be cancelled. Class sizes are limited so you may also have to book classes in advance. Failure to attend after a confirmed booking may result in a fee and/or a temporary suspension of booking privileges.
2.1 CLUB RULES AND PROCEDURES:
You must comply with club rules and procedures at all times while using the facility. These rules and procedures are designed to allow all members to get the maximum benefit from their membership and may change from time to time. Copies of the Gym Rules & Etiquette are available at the front desk. You must not carry out any illegal acts on Club premises and you must comply with our health and safety requirements. You must look after your own property, respect staff and other members, and you must not take photographs in the club without our permission and the permission of every person in the photograph. You must not engage in any training inside the club from any Personal Trainer, Fitness Instructor, or another person who is not employed or approved by Forge Fitness.
3.1 TERMINATION BY US:
We may terminate your membership immediately if you (or the person you are acting as Guarantor for) carry out any activity which is illegal, offensive, dangerous to other people, or to you, or if you act in serious breach of club rules & etiquette. If we terminate this agreement because of your actions, we will not be liable to you. The final amount to be paid will be calculated as per the 7.3 ‘Termination By You/Us’ clause.
Should you (or the person you are acting as guarantor for) cause any damage to the fitness facilities or to our services that is deemed deliberate or negligent or a direct breach of these terms you will be liable to Forge Fitness Ltd for the cost of repair or replacement.
4.1 YOUR PRIVACY:
You understand that Forge Fitness Ltd will keep a photograph of you and/or a record of your photo identification for administration purposes, also that there will be CCTV and audio recording in the club for security and safety purposes. You understand that if you do not give Forge Fitness Ltd the information needed your membership may be terminated, and that Forge Fitness Ltd will only use your personal information for administration, credit, and marketing purposes in accordance with the 1993 Privacy Act.
It is your responsibility to use this club safely, to take care of your own health, and to take care of your own property. Personal injury by accident in New Zealand is covered by the Accident Compensation Act or other personal insurance.
5.1 PAYMENT BY DIRECT DEBIT:
During the initial (minimum) period of time (referred to as the ‘Initial Term’) you may not cancel your membership except as set out in these Terms & Conditions (see “Termination by You/Us” below). After the Initial Term, your payments will continue until you advise us of your cancellation of this agreement (see “How to Cancel” below). You will not be informed when your Initial Term has been met. You must continue paying even if you do not use the club. The membership rate quoted is a weekly rate and must be paid either in full or by direct debit which may be processed on or after the date due, but not before. If paying by direct debit it is your responsibility to make sure that there are sufficient funds in your account. Your account will be debited on a Thursday unless it is a public holiday, whereupon it will be debited the following day.
Your payments will not increase during the Initial Term unless required by law. After the Initial Term, we may increase the rate. If your rate is to be increased, we will give you at least one month’s notice in writing which may be by email. If you do not wish to accept that increase after your Initial Term has been met then you may cancel your membership (see ‘How To Cancel’), but you must inform us before the first Direct Debit at the new rate (see “How to Cancel) below.
When payment(s) are missed, any overdue amount will be added to your next Direct Debit. All costs associated with the recovery of any missed payments will be added to any amounts due, including all collection agency costs (if any). We may terminate your membership at any time if two or more payments are overdue, and we will not be liable to you.
6.1 UNFORSEEN CIRCUMSTANCES:
If any of the Forge Fitness Ltd facilities are closed for reasons beyond our control (such as a pandemic, power failure, or natural disaster), we reserve the right to continue to charge membership fees. We will endeavour to reduce the fees or consider extending memberships should the closure extend longer than 14 days. Any members who are in financial hardship can contact Forge Fitness to discuss their options – Contact Us.
7.1 HOW TO CANCEL YOUR MEMBERSHIP:
You may only cancel your membership with Forge Fitness by completing a Membership Cancellation Form on our website: www.forgefitness.co.nz/membership-cancellation/
Cancellation will only take effect 30 calendar days after we receive a completed Membership Cancellation Form, whether you are paying by Direct Debit or have paid in full.
7.2 HOW TO TRANSFER YOUR MEMBERSHIP:
Alternatively, you can ask us to transfer your membership to another person (providing that person meets and complies with our usual membership requirements) for the remainder of your Initial Term. There will be a transfer fee of $30 plus the then-current Joining Fee.
7.3 TERMINATION BY YOU/US:
Regardless of the membership you have signed for, if the contract is terminated before the end of the Initial Term we reserve the right to charge you a cancellation fee of $150, plus the required period of 30 calendar days as outlined in Clause 7.1.
You can suspend your membership for medical or travel reasons only by telling contacting us in writing prior to commencement. Each freeze must be for a minimum of at least 14 days and/or totalling a maximum of 30 days per 12 calendar month period. Your Initial Term will be extended by the length of the freeze. After your Initial Term, you can suspend your membership for a minimum of 30 Days and totalling a maximum of 30 days in any period of 12 months of club use after the anniversary date of your joining. If you use the club during a freeze period, your membership will restart immediately. Freezes cannot be claimed retroactively.