TERMS, CONDITIONS & SERVICES

Membership Terms
1. OC Health Clubs reserves the right to change conditions of membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the member. Any such changes will be notified to you through either our website, and/or email to your last known email address.

2. You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this agreement and that no verbal agreements or understandings have been made with OC Health Clubs unless as set out in this agreement.

3. You must keep OC Health Clubs informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your membership.

4. On joining, a photograph of you is required to allow OC Health Clubs to verify your identity each time you enter the club. You agree that you may be photographed or videoed from time to time for purposes of celebrating you, sharing our training methods and advertising with the wider community.

6. You agree to receive marketing correspondence via electronic transmission on a regular basis which may include (but are not limited to) emails and promotional material.

7. Where you have entered into an agreement for a minimum membership term, there is a seven (7) day cooling-off period, commencing from the date your membership starts at OC Health Clubs. You may terminate your membership at OC Health Clubs in the seven (7) day cooling-off period by writing to membercare@ochealthclubs.co.nz with your intentions. If a written cancellation request is not received within the seven (7) day period, the membership will continue for the agreed minimum term and beyond.

You acknowledge that the following will apply;
a) You will pay for the cost of services provided by OC Health Clubs to you during this seven (7) day period.
b) Our joining fee is unable to be refunded

Minimum Age
8. Membership is limited to persons who are at least sixteen (16) years of age.

9. Members less than sixteen (16) years of age must be supervised by an adult or personal trainer when using the clubs facilities.

Time Freeze
10. Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks up to a maximum of twelve (12) weeks. The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the freeze request. For all other reasons, time freeze is granted on a written application for a minimum of two (2) consecutive weeks up to a maximum of twelve (12) weeks.
Requests for Time Freeze must be submitted to OC Health Clubs at https://ochealthclubs.co.nz/freezerequest no less than seven (7) days prior to the commencement of the time freeze.
Members are able to request a time freeze for reasons other than medical two (2) times per twelve (12) month period.
Members may not train in the club during the period of their requested time freeze.
A Time Freeze Fee of five $5 per week will be charged during any such freeze period. The minimum term agreement will be extended by the same amount of time as the granted time freeze, therefore the member will be obliged to pay the minimum term agreement amount in addition to the time freeze period.

Cancellation of Membership
11. You agree that your membership may be canceled by OC Health Clubs if you do not adhere to the guidelines, or your behavior at OC Health Clubs is not acceptable or for any other reason that the management of OC Health Clubs decides is appropriate. OC Health Clubs reserves the right to refuse future membership to you in these circumstances.

12. Except where set out elsewhere in this agreement, cancellation within the minimum membership term is only permitted by payment of a departure fee which is 50% of your remaining membership dues.

13. Your next debit automatically continues after the end of the minimum membership term, unless your membership is cancelled two (2) debits prior to the end of your minimum membership term or anytime thereafter by notifying OC Health Clubs of your intention to cancel in writing at membercare@ochealthclubs.co.nz
Memberships will then be canceled after two (2) weekly debits.

Sickness or Incapacity
14. If you become unable to use the club facilities by reason of permanent physical/medical incapacity, your membership will be canceled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner.
Any cancellation will include the following charges;
(a) The cost of services already provided by the Club, and;
(b) An Administration Fee of $65.00.

15. If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to freeze your membership for a minimum period of two (2) weeks up to a maximum period of twelve (12) weeks. However, you may not freeze your membership for a longer period than set out in the medical certificate. Your membership will automatically recommence after the date you have specified in your freeze request, with no remaining freeze facility available for any cause.

Personal Training and Therapist Services
17. From time to time, OC Health Clubs may promote licensees who offer services such as personal training, nutrition consultation and/or physio/massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.

You hereby release, indemnify and keep indemnified OC Health Clubs for any claim by you as a result of an act or omission by a licensee. You must notify OC Health Clubs immediately if you have a claim against a licensee. OC Health Clubs will at all times assist, where possible, to resolve any conflict or issues with licensees.

18. You acknowledge that personal trainers and therapists are available at OC Health Clubs and their services shall be taken up at your sole discretion.

Session Cancellations and Commitment Fee Policy
19. Sessions can be canceled up until eight (8) hours prior to the session begins. Not turning up for a session (which is known as a No Show) or canceling within the 8 hour cut off period (which is know as a Late Cancel) will incur a fee for certain session times (outlined below).

The Commitment Fee policy is currently only active in our most popular sessions which are currently 5:45am and 6:45am weekday, and Saturday sessions. Any future sessions that are added to the Commitment Fee policy will be communicated to you via email, website and/or in person. The Commitment Fee is $10 per activation.

Charges are processed via our payment software using your payment method on file. It is the responsibility of the member to ensure they have appropriate funds in their account on the date of fee activated.

Physical Condition
20. You acknowledge that any advice and/or recommendation given to you by an OC Health Clubs staff member or contractor is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular individual. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.

21. You must not use any OC Health Clubs facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.

Member’s Assumption of Risk
22. You are aware that the use of the premises and its facilities and your participation in sessions and programs conducted by OC Health Clubs may involve strenuous activity and special risks.

23. You warrant that you are physically able to participate in any session/fitness program or use any club facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any session/fitness program.

You understand that you will be engaging in activities that may involve the risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to OC Health Clubs or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by OC Health Clubs and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

Limitation of Liability
24. In consideration of the grant of membership to you, you hereby release and forever discharge OC Health Clubs from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your membership and/or use of OC Health Clubs facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of OC Health Clubs and its respective owners, directors, officers, employees or agents.

25. In consideration of the grant of membership to you, you agree that OC Health Clubs will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of OC Health Clubs. Further, OC Health Clubs will not be liable for any death, personal injury or illness occurring on club premises or as a result of the use of facilities or equipment, except to the extent that it arises from the gross negligence of OC Health Clubs and its respective owners, directors, officers, employees or agents.

Payment Terms
26. A weekly membership debit may be paid by a nominated bank account or credit card. Payments made by credit card may attract a credit card processing fee.

27. On each occasion that a scheduled weekly/fortnightly payment is declined for any reason via direct debit, the member gives permission to the payment processing company Ezi-Debit to charge a dishonor fee. The current dishonor fee is $14.95 per time and may change without prior notice.

28. Should any payments, fees or other debts remain due but unpaid from any source, the member acknowledges that OC Health Clubs may suspend the member’s use of the membership services until all payments, fees and other debts are paid in full. If payment is not received the membership may be cancelled. OC Health Clubs may engage the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable administration fee on overdue accounts. A member's credit rating may be affected.

SPECIFIC ACKNOWLEDGMENTS
29. All members undertaking weekly membership payments must acknowledge and agree to the following.
a) Your nominated bank account or credit/debit card is debited on a weekly basis. The number of debits and amounts is determined by your minimum term at the club.
b) Your membership will continue after the minimum term until you cancel your membership by providing OC Health Clubs with two (2) debits written notice. Membership will then be canceled after two (2) debits.

PT Entry Membership
30. This gives non-members access to the club to train with their Personal Trainer and our MOBILITY and YOGA sessions. PT Entry memberships roll week to week and can be cancelled after one (1) debit with 7 days notice. These memberships can also be frozen from two (2) weeks up to twelve (12) weeks with seven (7) days notice at no cost.

Code of Conduct
The mandatory Code of Conduct must be adhered to by members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the club premises and must comply with the occupational health and safety requirements of the club. Any internal signage displayed around the club forms part of the membership rules and regulations and should be treated as part of the code of conduct. If a member is seen to be in breach of the code of conduct or rules and regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.

Damage to Property
Any member who causes damage to equipment or any property of OC Health Clubs will be held liable for damages.

Dress Code
Members must wear covered training shoes in any weight training area of the club and be suitably clothed at all times for safety and hygiene reasons. If a member chooses not to wear covered training shoes in these areas, then the member assumes all risk and OC Health Clubs is not liable to any damages they may sustain.

Hygiene and Cleanliness
A clean sweat towel must be used at all times while training at the club. Members must wipe down all equipment after use and use sanitising spray on equipment where necessary.

Privacy
During or immediately prior to your membership, we may obtain certain personal information (such as about your health and your financial position). OC Health Clubs will only use, disclose or deal with such information in accordance with its privacy policy.