TERMS AND CONDITIONS

In respect to The Gallery Gym (Referred to as “The Gallery”) effective 26th August 2018 until further notice and unless or until alternative terms are advised and agreed between us (last updated on 11th August 2024).

This agreement commences:

1. “The Gallery” reserves the right to reject membership application, or renewal of the membership to any individual without providing an explanation or reasoning.

2. If you are on the “The Gallery” premises and have indicated your acceptance in the Declaration section of this web sign-up process. OR if you are not on The Gallery premises, after you have indicated your acceptance in the Declaration section of this web sign-up process before subsequently entering The Gallery premises or after a period of 7 days has elapsed – whichever is earlier.

3. Membership commences immediately and you will be entitled to all rights and privileges exercisable for the type or membership chosen.

4. You, or the person for whom the membership is intended is 13 or more years old and all following terms and conditions apply to the member/user.

FEES AND CHARGES

1. The total first payment amount is due from you to us and is payable upon the first specified Direct Debit date. This amount is not refundable in any circumstances whatsoever.

2. By opting for a ‘pay in advance’ membership plan, you acknowledge and agree to the non-refundable nature of the payment. Once the payment for the membership plan has been made, it is considered final and cannot be refunded or transferred to any other individual under any circumstances. The membership benefits, services, or access granted under such plans are exclusively for the use of the individual who made the payment and cannot be shared, sold, or otherwise transferred. This policy is in place to ensure the fair and consistent application of membership benefits and to maintain the integrity of the membership program.

3. You are obligated to make the minimum number of Direct Debit payments stipulated, each and every week thereafter. For the avoidance or doubt, you obligated to make every Direct Debit payment, regardless of non-attendance unless your Direct Debit has been put on hold.

4. If a Direct Debit is returned unpaid on the due date, “The Gallery” will charge a late payment fee of $12 to your account in accordance with their Fees and Charges.

5. If you fail to pay any monies due under this agreement for a period of more than 30 days, with no notice of cancellation (clause 4), we may pass the debt to a third-party company for collection. All reasonable costs incurred in employing such a third-party company will be borne by you, including costs in tracing you should you have changed your address without advising us.

6. Should we advise in our absolute discretion, take no further action or allow an additional short period of time to pay and / comply, it will not preclude us from strictly enforcing the terms of this agreement at a future date.

7. If a card used for payments was lost or stolen, it is your responsibility to contact ‘The Gallery’ and update your payment details to avoid late payment fee!

TERMINATION

1. If you are currently under a contract and have more than 30 days remaining on it, a $150 contract breach fee will be charged if you cancel. Otherwise, you may terminate this agreement at any time by providing a written notice via email info@the-gallery-gym.co.nz to the gym of your termination at least 30 days before the date your last payment is due. Your termination will take effect from that date.

2. Termination by breach: Either party may terminate this agreement by written notice to the other where there has been a material breach of this agreement where the breaching party does not remedy the breach within seven days of receiving notice of the breach. Any breach of the gym policies of procedures or non-payment of fees due for a period of more than fourteen days will constitute a material breach. Furthermore, please be aware that in cases of non-payment, we reserve the right to take additional actions, including the termination of your membership. In such circumstances, a cancellation fee equal to 2 fortnightly membership fee payments will be applied in addition to any outstanding fees.

MEMBERSHIP HOLD

1.Each member is entitled to place their membership on hold for one period of time up to 90 days  annually at no additional cost. This can be facilitated by notifying us of the intent to do so via email info@the-gallery-gym.co.nz, with a stipulated advance notice of at least five working days before the intended commencement of the hold period.

During the duration of a membership hold, the time elapsed will not be considered as part of any notice period required for the eventual termination of the membership, nor will it contribute towards the fulfillment of any minimum term stipulated within the membership agreement. If you place your membership on hold while under a 12-month contract, the duration of the hold period will be added to the length of your contract. For example, if your membership is on hold for 2 months, your contract end date will be extended by 2 months, making the total contract period 14 months.

Please note: When a membership is placed on hold between payment periods, the member will not receive any additional days at the end of the hold period to compensate for the hold. Payments will resume immediately after the hold ends, regardless of when the hold was initiated.

2. Should the need arise for multiple holds within a single year, we offer the option to do so for a nominal fee. For any additional holds beyond the annual free hold, a charge of $15 will be applicable for the entire duration of the hold.

MEMBERSHIP RENEWAL

1. “The Gallery” reserve the right to amend membership fees as deemed necessary by the Directors, but will give members a minimum of 30 days notice of any proposed amendment.

2. “The Gallery” will automatically continue collecting Direct Debit payment amounts on a bi weekly basis. Each payment is not refundable whatsoever.

3. This renewal Direct Debit may only be amended if we advise you in writing, giving a minimum of 30 days notice.

4. Please note: If your membership included a free period we will refrain from making collections during this period but recommence immediately thereafter. Should you decide to cancel your membership you undertake to notify The Gallery in writing or by email stating the reason for your decision.

GENERAL TERMS OF MEMBERSHIP

1. Any attempt to share your access fob with other individuals will be considered a violation of these Terms and Conditions, and appropriate actions, including the termination of membership privileges, may be taken at the sole discretion of “The Gallery”.

2. Members behaviour in “The Gallery” must not constitute a security or safety hazard to themselves or others.

3. You agree to comply with the Rules of membership which are prominently displayed within “The Gallery” premises.

4. For the benefit for all concerned, “The Gallery”, at their absolute discretion, reserve the right to make reasonable changes to these rules, at any time and to terminate membership for breach of the rules, at any time and to terminate membership for breach of the rules or for conduct by the member which, in “The Gallery” opinion, is damaging to the character or interests of “The Gallery”, or is offensive to other members of staff.

5. Whilst using “The Gallery” facilities members accept responsibility for their own state health and physical condition.

6. Members MUST advise staff of any personal current disability such as blindness, deafness, heart condition, epilepsy or other condition PRIOR to using the facilities, in order to avoid accidents, injuries or misadventures to themselves and others.

7. Entry to “The Gallery” is permitted only at The Gallery reception entrance.

8. With the exception of guide dogs, no pets will be allowed in “The Gallery” or its grounds.

9. All bags and outdoor clothing should be left in the cubby holes provided, items are left in the cubby holes solely at the members risk. “The Gallery” accept no liability for loss or damage.

10. Alcohol, recreational drugs, non legal performance enhancement drugs, are strictly forbidden on premises.

11. Do not prop open any doors!