Plus Fitness NZ

Key Terms of the agreement

Some of the key terms of this Agreement are summarised below. You should refer to the noted clause for full details.

• Cooling Off: You can cancel this Agreement within 7 days after the date you entered into this Agreement, by giving us written notice (see the Signing Date in the Schedule and clause 3 of the Terms and Conditions).
• Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 11).
• Access and Reciprocity: When you join our Club you can access any Plus Fitness 24/7 gym immediately for standard memberships (see clause 4. g).
• Tailgating: You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not. This will result in liquidated damages amount of $250 being charged for a breach of this clause 5(b).
• Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your Membership Fees, may change (see clause 9).
• Putting Your Membership On Hold: You may put your Membership on Time Hold for a minimum period of two (2) weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your Commencement Date. To place your account on Time Hold, please complete the ‘Plus Fitness Time Hold Application’. It is the members responsibility to be aware of when debits will resume after Time Hold (see clause 9).
• Termination and Cancelling your Membership:
• If your Membership is a Fixed Term Agreement (and has been paid in full upfront), your Membership will automatically end after the Term. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply.
• If your Membership is an Ongoing Agreement, your Agreement will continue until terminated by you in accordance with this Agreement.
• You may terminate this Agreement (and therefore your Membership) by completing a ‘Plus Fitness cancellation form’ providing the number of days specified in the below table notice period. This must be done at your current Plus Fitness home club if the member has been transferred due to usage. If you are unsure which is your Home Club, please contact the Club specified in the Schedule that was your original Club. A Termination Fee may apply depending on your Membership type, and we may also charge you an Unpaid Fee for any usage for which you have not been charged, which we may charge using your payment details provided:
• You may also have a right to terminate your Membership in the event of illness within the terms of clause 8.
• Club Closure: We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law. We may close our Club up to 14 days in any 30-day period under clause 12(a) and keep charging Membership Fees. If we close the Club for between 15 and 30 days under clause 12(a) in any 30-day period, clause 12(e) applies.

1. Definitions

a) “Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any recitals or annexures.

b) “Club”, “we” or “our” means the Plus Fitness 24/7 club set out in the Schedule.

c) “Commencement Date” means the date that this Agreement and your Membership commences, as set out in the Schedule.

d) “Facilities” means the gym equipment, machinery, amenities, access key and other facilities available at the Club;

e) “Fees” means the fees payable by you to join and participate in the Membership.

f) "Fixed Term Agreement" means an agreement for a set period of time, being the type and duration as specified in the Schedule.

g) “Franchisor” means Plus Fitness Pty Ltd ACN 126 140 18.

h) “Home Club”- References to the Club set out in the Schedule, if your membership is transferred as per item 9(c) your new club will be referenced as your new “Home Club”.

i) “Junior Member” means a member aged between 8 and 13 years old;

j) “Member” or “You” means the person entering into this Agreement and joining the Membership, as specified in the Schedule;

k) “Membership” means your membership with the Club, being the type specified in the Schedule;

l) “Minimum Term” the minimum term as set out in the Schedule.

m) “Parent/Guardian” means the lawful parent or guardian of a Junior, Youth Member or under 18;

n) “Ongoing Agreement” means an agreement, not being a Fixed Term Agreement, that continues on an ongoing basis until terminated under clause 8.

o) “Related Entities” means the Franchisor and any other club in the “Plus Fitness 24/7” group, including other franchisees;

p) “Schedule” means the schedule to this Agreement;

q) “Services” means classes, programs and other health and fitness services at the Club;

r) “Term” means the term of this Agreement, as set out in the Schedule;

s) "Termination Fee" means the fee payable if you terminate your Agreement as specified in clause 8(c).

t) “Terms and Conditions” means these terms and conditions;

u) “Time Hold” means your Membership is placed on temporary hold, in accordance with clause 9(a).

v) "Unpaid Fee" means a fee for a fitness service we have provided to you under this Agreement which you have not paid for in the event you have terminated this Agreement.

w) “Youth Member” means a Member between the age of 14 and 15 years old.

1. Binding Agreement

a) Subject to clause 3, you acknowledge and agree that by signing this Agreement, you have entered into a legally binding agreement with us. You further acknowledge that this written agreement is the entire agreement between us, and you and no other representation is to be relied upon.

b) As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to signing and by signing this agreement you acknowledge that you have been given the opportunity to obtain such independent advice.

1. Cooling-Off

a) You may cancel your Membership any time within 7 days after the date you entered into this Agreement, as indicated by the signing date in the Schedule.

b) Notice can be provided in person in the Club or by providing written notice to your current Home Club. You may provide your written notice electronically by emailing your Home Club on the email address specified in the Schedule. If you are unsure which is your Home Club, please contact the Club specified in the Schedule that was your original Club. For security reasons, when providing notice, you must provide your full name as stated on your Agreement, the email address associated with the Membership and your date of birth.

c) You will receive a response within 7 days of our receipt of your request to notify you of the date that termination takes effect. If you have not received a reply from your Home Club regarding your notice to cancel your Membership, please contact the Club to confirm that they have received your correspondence.

d) If you exercise your cooling-off rights under clause 3(a), termination will be effective from the date we receive your notice.

e) We will refund all Fees already paid by you excluding the Access Key Fee and any Unpaid Fees. We will pay the refund within 7 days after the date on which the termination takes effect.

1. Provision of Services

a) In consideration for payment of the Fees, we agree to provide you with access to the Facilities and the Services during the Term.

b) Some Services, such as personal training services, are excluded from the Membership and may require payment of additional fees as offered by the relevant provider. Full particulars will be provided upon request.

c) You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by way of signage displayed within the Club.

d) Your safety is important to us, and as such, we will endeavour to ensure that the Facilities and the Services are safe, hygienic, and secure.

e) If at any time you become aware of an issue with the Facilities or the Services, please notify us in writing immediately.

f) The Facilities and the Services offered by us are subject to change from time to time without notice to you (provided that such Facilities and Services will be of no less quality than provided as at the Commencement Date, subject to fair wear and tear).

g) Some membership types may have restricted access or hours of usage. It is your responsibility to check with your club what restrictions your membership has regarding access.

1. Your obligations

a) You agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place detailed in the Plus Fitness Welcome Booklet/Email and/or displayed in the Club.

b) You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not. A breach of this clause will result in the payment of a liquidated damages amount of$250, which you agree is a reasonable estimate of the damage suffered by us as a result of this breach. You will be automatically charged this amount using your payment details provided and we may immediately cancel or suspend your Membership in our absolute discretion.

c) You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. A breach of this clause will result in the payment of a liquidated damages amount of $250, which you agree is as a reasonable estimate for the damages suffered by us as a result of this breach. You will be automatically charged this amount using your payment details provided and we may immediately cancel or suspend your Membership in our absolute discretion.

d) You must notify us in writing if your contact details change.

1. Age Restrictions

a) Except as otherwise specified in this Agreement, you acknowledge and agree that under no circumstances are you permitted to bring children into the Club, nor are you permitted to leave children unattended in the Club. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this clause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause; and.

b) If you are under 18 years, you, and your Parent/Guardian both agree to sign and be bound by this Agreement and always comply with our Membership Age Policy and Children In Gym Policy, as varied from time to time.

1. Fitness Passport members

a) The Fitness Passport member to which this agreement applies agrees that the Personal Access Key issued to them can only be used to access the Plus Fitness Gyms on the Fitness Passport program as listed from time to time via the Plus Fitness website to the list of clubs: https://www.plusfitness.com.au/participating-fitness-passport-clubs/ or otherwise advised to them by Fitness Passport. It is acknowledged that any breach of the Plus Fitness terms and conditions will result in access being immediately cancelled.

b) Junior (13 years and under) are not issued with an Access Key in line with our Children in the Gym policy and therefore cannot be accepted onto the Fitness Passport program. Youth (14-15 years) will be issued with an Access Key; it is acknowledged access is only during our staffed hours. Usage outside of these staffed hours will result in immediate cancellation of the membership. All other ages (16 years plus) have 24/7 access.

1. Termination and Membership

a) If your Membership is a Fixed Term Agreement (and has been paid in full upfront), your Membership will automatically end after the Term. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply.

b) If your Membership is an Ongoing Agreement, your Agreement will continue until terminated by you in accordance with this Agreement.

c) You may terminate this Agreement (and therefore your Membership) by completing a ‘Plus Fitness’ cancellation form providing the number of days specified in the below table notice period. This must be done at your current Plus Fitness home club if the member has been transferred due to usage. If you are unsure which is your Home Club, please contact the Club specified in the Schedule that was your original Club. A Termination Fee may apply depending on your Membership type, and we may also charge you an Unpaid Fee for any usage for which you have not been charged, which we may charge using your payment details provided:

d) You may terminate this Agreement upon notice to us if you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction. Termination will take effect immediately upon receipt of notice; however, a refund will not be payable unless you terminate by giving sufficient notice as provided in the above table.

e) You may also terminate this Agreement upon notice to us at any time upon providing a medical certificate stating that you cannot use the services supplied under this Agreement due to permanent illness or physical incapacity. Termination will take effect immediately upon receipt of notice. You will be refunded the portion of the Fees paid by you for any unused part of the Agreement, less any Unpaid Fee to which we are entitled. We will pay the refund within 7 days after the date on which the termination takes effect.

f) Notice can be provided in person in the Club by completing a ‘Plus Fitness cancellation form. This must be done at your current Plus Fitness home club if the member has been transferred due to usage. If you are unsure which is your Home Club, please contact the Club specified in the Schedule that was your original Club.

g) For security reasons, when providing notice to cancel your Membership, you must provide your full name as stated on your Agreement, the email address associated with the Membership and your date of birth. You will receive a response within 7 days of our receipt of your request to notify you of the amount of the last payment due under the Agreement and the date that termination takes effect. If you have not received a reply from your Home Club regarding your notice to cancel your Membership, please contact the Club to confirm that they have received your correspondence.

h) You acknowledge and agree that your failure to use the Facilities and Services does not, in and of itself, allow for early termination of this Agreement nor does it warrant a refund of any type.

i) You further acknowledge and agree that failure to use the Facilities and Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.

j) If you terminate this Agreement in a manner that is not set out in this Agreement, you may be liable for damages for breach of contract.

k) If you breach any term of this Agreement or act in a way, we deem inappropriate, we may suspend or cancel your Membership or restrict your access to the Club upon written notice to you. Such suspension, cancellation or restriction will be effective upon your receipt of such notice. If any such breach causes us or another person costs, loss, or damage, you agree to be liable for such losses.

l) You acknowledge that the fee for the access key is non-refundable.

m) We may charge you an Unpaid Fee if you terminate this Agreement.

n) If you lose or damage your access key, you must purchase a new access key at the cost currently applicable.

1. Time Hold and Transfers

a) You may put your Membership on Time Hold for a minimum period of two (2) weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your Commencement Date. To place your account on Time Hold, please complete the ‘Plus Fitness Time Hold Application’. It is the members responsibility to be aware of when debits will resume after Time Hold.

b) You may transfer your Membership to another person for the balance of the Term with our prior consent. This must be done in-person at the Club.

c) If your Membership permits the use of any other Plus Fitness club and your visits exceed 60% at any other club in any given month, or any other period, your Membership may be transferred to that club. If your Membership is transferred to another club, your Fees may be varied to reflect those which are applicable at the other club. In this instance the club your Membership is transferred to will be known as your ‘home club’.

d) If our Club closes for any reason, whether temporarily or permanently, your Membership will be automatically transferred to the other nearest Plus Fitness 24/7 club (but only for the period of the closure if the closure is temporary). Should you wish to cancel your Membership because of the relocation, please let us know in-person at the Club.

e) If your Membership is not our standard Membership, such as Junior, Youth, FIFO or Off-Peak membership, or any other Membership type, and your circumstances change so that you are no longer eligible for this Membership type, then your Membership will be changed to our standard Membership and the Fees payable under this Membership will become applicable. You will be notified of any change to your Membership via SMS or email using the details provided by you.

1. Security Surveillance

a) You acknowledge that the Club uses CCTV surveillance (in most cases, 24 hours a day) at the Club premises (except in bathrooms) and may have remote video or other guarding services.

b) This system is used for security purposes but does not guarantee against harm.

1. Limitation of Liability

a) You acknowledge and recognize the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.

b) To the extent permitted by law, you agree to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage, or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct.

c) You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.

d) As a member of Plus Fitness, you are entitled to a complimentary Fitness assessment and program. During this session we will teach you how to use all the equipment in a safe and effective way.

1. Club Closures

(a) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.

(b) We may close our Club up to 14 days in any 30-day period under clause 12(a) and keep charging Membership Fees.

(c) If we close the Club for between 15 and 30 days under clause 12(a) in any 30-day period, clause 12(e) applies.

(d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.

(e) If we close the Club under clause 12(c) or 12(d), we may keep charging Membership Fees if you are able and willing to use another Club. If you are not able or willing to use another Club, we will put your Membership on hold at no cost to you and extend your Agreement for a time equal to the closed period.

(f) We will try, but cannot promise we will be able, to tell you about any Club closures in advance.

1. Privacy

a) We take your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, SMS, or mail correspondence from us regarding your Membership, special offers or promotions then please send us an email or letter confirming that you wish to unsubscribe from such methods of communication.

b) Please contact us for a copy of our privacy policy.

1. Direct Debit Request Service Agreement

a) You acknowledge and agree that direct debit payments are managed and debited on behalf of us by a third-party billing agent, PaySmart NZ LTD NZBN: 9429041742402 Authorisation Code 0331584 (PaySmart NZ).

b) You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by way of signage displayed within the Club.

c) It is your responsibility to ensure cleared funds are available in your nominated bank account or credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.90 for return fees and administrative costs incurred by PaySmart. If PaySmart has not received instruction to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.

d) You acknowledge and agree that:

• PaySmart is entitled to store your personal information (whether received by you, the Club or otherwise on its systems) and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services.
• you have rights of access to, and correction of, your personal information under the Privacy Act 1993; and
• PaySmart (or the Club) may contact you for any purpose related to the provision of its products and services.

e) You authorise PaySmart to notify any debt collection or credit reporting agency upon default by you in meeting your payment obligations under this Agreement.

f) You agree to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Agreement and your direct debits terminating.

g) You may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following: legal fees, interest, and mercantile agency collection cost.

h) When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the immediately preceding business day. If unsure, you should contact PaySmart.

i) This authority shall stand pursuant to the terms and conditions of this Agreement with the Club. The administration only of this authority is conducted by PaySmart, acting as a billing agent for us. The services provided by PaySmart are administrative only and do not extend to the provision of any services or benefits provided by us.

j) Direct debit may not be available on all bank accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain you should check with your financial institution before completing the Direct Debit Authority.

k) All enquiries in relation to refunds must be directed to the Club.

l) PaySmart will communicate with you from time to time. To ensure communication reaches you, it is important PaySmart is supplied with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent PaySmart from contacting you regarding important information concerning your account.

“March 4 DaySale” Promotion -Terms and Conditions

1. New members may join a participating Plus Fitness 24/7 gym (“Participating Location”) for $0 Joining Fee (usually $99). A new member means an individual who does not have an existing membership with any Plus Fitness 24/7 gym.

2. Further standard fees may be payable on joining, which vary according to Participating Locations. For a full list of applicable fees, please contact the Participating Location.

3. The Offer is only available to new members who pay ongoing fees by direct debit or contract option.

4. The Offer is conditional on the new member entering into the standard Plus Fitness Membership Agreement.

5. The Offer is not to be used in conjunction with any other offer, unless otherwise specified.

6. The Offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products.

7. One Offer only per new member.

8. Subject to applicable laws, the Offer may be varied, updated or terminated at any time.

9. See www.plusfitness.com.au for a list of Participating Locations or contact your local Plus Fitness to determine whether they are participating.

10. Offer commences on 20th March 2023 and ends on 23rd March 2023.