Agreements of Club:
Trainyard is a gym independently owned and operated. (hereafter referred to as the Club). Upon acceptance of the members application for membership, the Club agrees to extend the privileges of the Club membership including the use of the Club facilities, pursuant to the terms and conditions of this agreement and the Club rules and regulations.
Agreements of Member:
1) At the effective date of their membership, the initial fees and all dues paid will be non-refundable, unless otherwise provided in this agreement.
2) Member will be bound by the terms and conditions of this agreement and by the club rules and regulations as they may be amended from time to time, including the right of the Club of terminate this agreement according to the rules and regulations and the terms provided herein.
3) Member agrees that they have not defaulted on any other agreement with the Club. If member has, the Club may apply any and all amounts paid on this agreement to members unpaid obligations before processing their new agreement.
4) Membership cards are for the exclusive use of the member only. Unauthorised use or lending of a card to another or letting a member in whose access card is not working will result in a fine of $112 and deemed theft of service. It will be at the Clubs discretion whether charges are laid.
5) If a member has a term membership, the membership will renew after the term ends and will be continued to be billed accordingly to their regular billing schedule, unless the member provides a notice of cancellation in writing via a confirmed email to our email inbox address, tom@thetrainyard.co.nz .
6) A term membership has an early cancellation fee of 50% of the outstanding membership owing if the member chooses to exit their membership before the scheduled finish date.
7) The member is responsible for updating contact and billing information through your login details at www.thetrainyard.co.nz.
8) All membership holders of the Club must be minimum 13 years of age. All minors under the age of 16 are restricted to staff hours, alternatively they can be accompanied by a parent, legal guardian or adult over 21. A parent or legal guardian must sign the membership agreement of a member under 18.
Agreements of risks by Member:
1) Member acknowledges that participation in a sport or physical exercise may result in an accident or injury. Member assumes the risk connected with the participation in a sport or physical exercise, and represents a) S/He is in good health and b) S/He has no known physical or medical condition that would affect or limit Members use of the facilities.
2) Member acknowledges that the Club has not and will not render any medical services including medical diagnosis of Members physical condition, and that the Member has the consent of his/her physician to undertake physical exercise. Member specifically agrees to assume the risk of injury, accident, death, loss cost or damage to their person or property which might arise from use of the Club and agrees to hold harmless and release the Club, it’s owners, directors, employees, representatives and all others from any and all liability. Member also releases all of those mentioned or others acting on their behalf from any responsibility or liability for any damage to member including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with members participation in any activities of the use of any equipment at the Club.
3) Member understands and agrees that as a member of the Club, they will have access to the Club as per the Membership Agreement. The Member agrees and understands that there will be no supervision or assistance except during staffed hours. Staffed hours are currently Mon-Fri 7:30am – 7:30pm, though staffed hours may change at the sole discretion of the Club. Member is aware that should they get injured, becomes unconscious, suffers a stroke or heart attack or any other medical emergency or event there will likely be no one to respond to the members emergency and that the Club has no duty to provide assistance while they are at the Club. Members understand that even though the Club is equipped with surveillance cameras, help will not be available during non-staffed hours.
4) The Member agrees the Club is not liable for any personal property that is damaged, lost or stolen while on or around Club premises; including but not limited to a vehicle or it’s contents, or property left at the Club, the Club will not be responsible.
5) Fob Key access. The member agrees to the Club charging an admin fee of $29.00 per membership for activation of a fob access key & to cover the cost of the key fob. This is a one off fee payable at time of membership set-up and is non-refundable or transferable should members choose to re-join at a later date.
Initial:
Agreements of Cooling off Period: Transfer; Freeze; Cancellation; Renewal:
Cooling off period: The membership can be cancelled if within 7 days, given written notice of the membership agreement date. The Club will refund the amount, less the amount you have already used the gym at the gym’s current one day pass rate and/or any start up fees.
Transfer: The membership use is subject to the terms and conditions of the Club and if I transfer the terms of the agreement will be automatically transferred and enforced by the Club.
Freeze: Membership freeze of a minimum one month per year during which time you will not be charged. From week 5 onwards you will be charged a weekly admin fee of $5.00 per week to keep your account on hold. This is to be paid in full prior to your membership freeze, at the time you make the request. The Club will email you directly with details on how to complete this task. A membership can be cancelled during a freeze period should you not return to the Club as a member. We will seek reparations as required.
Cancellation: Membership cancellation to be done by written notice by email to tom@thetrainyard.co.nz giving 10 days notice of cancellation or subject to discretion of the Club. Any outstanding fees and/or collection of unpaid amounts are to be the responsibility of the Member. If the person dies or becomes permanently disabled upon written notice of the Club, with proof of death or disability, cancellation of the Club and a prorated refund of unused portion of Membership fees incurred.
Renewal: If a member allows their membership to lapse reinstatement to the Club will require approval of a new Agreement and payment of any applicable enrolment or administration fees.
Non Payment Clause:
The member is fully responsible to make necessary monies in their chosen accounts when payments are made to keep their membership in good standing. Failure to do so will cause the Member to be responsible for all charges, late fees or other costs incurred through a third party debt collection agency.
Termination of Membership:
In the event the member violates any of the Club rules and regulations regarding conduct in, or use of, the facilities, or in the event the member fails to make any payment when due under agreement. The Club may terminate member’s rights under this agreement. No part of the members fees or dues will be refunded in this agreement.
Annual Increases:
Rates are not guaranteed beyond the term of the initial Agreement.
Non-Discrimination:
Membership is open to all individuals of good character and responsible background and shall not be based or limited to gender; race; colour; ethnicity; religion; disability or any other protected classification nor shall ever be a condition of membership. All applications for membership are subject to approval by the Club, which has sole discretion to approve or reject applications.
entire Agreement:
This agreement shall constitute the complete agreement between Club and member. No modification or addition to this agreement shall be valid unless in writing and signed by the member and Club.
