Terms & Conditions

MEMBERSHIP AGREEMENT:

Please review these terms and conditions carefully. In order to be a member and user of our gym, you are required to confirm and agree that you understand, and will honour, these terms and conditions.

1. USE OF SUNNY GYMZ

1.1 You agree that the minimum term applies.

1.2 You agree to swipe your membership/entry card every time upon entry to Sunny Gymz facility including during non-staffed hours if you have 24hr access. If you misplace, lose or damage your card, a $5.00 fee will be charged to issue a replacement card. You must not give your membership card to anybody else to use and understand that card sharing is strictly prohibited. Card sharing is viewed by ownership as stealing services from Sunny Gymz members.

1.3 You understand that Sunny Gymz reserves the right to change the aerobics class timetable at any time without notice, and opening hours are subject to change at any time including on public holidays and during the festive season.

1.4 You agree it is your responsibility to use Sunny Gymz safely and to take care of your own health and property. Personal injury by accident in New Zealand is covered by the Accident Compensation Act or other personal insurance. We will make all reasonable efforts to ensure our gym is safe for use by you and other members, but personal responsibility to use Sunny Gymz safely is a joint responsibility of all members.

2. MEDICAL

2.1 You understand that you must be fit and healthy enough to undertake any chosen activities. Where you suffer from any medical condition (including any heart condition or injury) or are pregnant, you agree to seek your own medical advice from your doctor/GP.

2.2 You recognise that Sunny Gymz is not qualified or able to provide medical advice with regard to your medical fitness, and any information you have provided to us about your health and medical history is used by us as a guideline to attempt to protect you from injury. You agree you have answered the PAR-Q pre-exercise questionnaire honestly and correctly and that in the event you suffer any injury, illness or condition in the future, you will inform Sunny Gymz.

3. OUR LIABILITY

3.1 Use of the facilities is entirely at your own risk, and you are responsible for your property when you use the facilities. Without limiting your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, none of Sunny Gymz staff, employees or contractors are liable for any loss or damage; or physical or mental injury arising out of, or in connection with, your use of the facilities, except to the extent that we have caused or contributed to such loss or damage.

4. YOUR LIABILITY

4.1 You are responsible for any damage you cause to the Sunny Gymz equipment and our facilities and agree to compensate us against any loss, damage or injury we suffer or incur from your actions in the facility.

5. SUNNY GYMZ RULES AND PROCEDURES

5.1 You must comply with Sunny Gymz’s rules, policies and procedures at all times while using the facility. These rules, policies and procedures are designed to allow all members to get the maximum benefit from their memberships and may change from time to time.

5.2 You must not carry out any illegal acts on Sunny Gymz premises, and you must comply with our health and safety requirements. You must respect staff and other members, and you must not take photographs in Sunny Gymz’s premises without our permission and the permission of every person in the photograph. You must not engage in any training inside Sunny Gymz’s premises from any Personal Trainer, Fitness Instructor or another person who is not employed or approved by the club.

5.3 You understand and agree to the following gym rules and etiquette:

(a) To wear appropriate footwear for a safe workout and use of facilities. No Jandals or “Open” type shoes.

(b) To use a towel on the equipment you use and to wipe down equipment after use.

(c) To show courtesy to other members.

(d) Not consume any foods in the training areas of the gym.

(e) Put away weights/equipment after use.

(f) (To use assisted spotting safety racks when on the bench press, incline bench, squatting and other machines that may drop or fall on to you; and also use collars on all free weights.

6. TERMINATION BY US

6.1 You understand and agree that Sunny Gymz reserves the right to terminate your membership at any time if you fail to respond to requests for manual payments following failure to obtain payment for membership.

6.2 Sunny Gymz may also terminate your membership immediately if you carry out any activity which is illegal, offensive, dangerous to other people or to yourself, or if you act in serious breach of our gym’s rules. If we terminate because of your actions, we will not be liable to you in any way.

7. DAMAGE

7.1 You will take care of the facility and pay for any damage that is deemed deliberate or negligent or a direct breach of these terms and you will be liable to the club for the cost of repair or replacement.

8. PRIVACY https://sunnygymz.rocketspark.co.nz/privacy-policy/

8.1 Your safety and privacy are important, as well as other members and staff. You understand that we will keep a photograph of you and/or a record of your personal identification for administration purposes, and that there is CCTV and audio recording devices in Sunny Gymz for security and safety purposes. You understand that if you do not give us the information we need, your membership may be terminated. You understand that we will also retain and store any other personal information and data you provide us. We will use this personal information for administration, credit and marketing purposes in accordance with the Privacy Act 2020. You agree to comply with our Privacy Policy.

9. DIRECT DEBIT MEMBERSHIPS

9.1 Where you have entered into a Direct Debit Membership Agreement with us, you acknowledge and agree that if you wish to end your membership before the initial term expires, you agree to pay an early cancellation fee of $150 or 25% of the remainder of the membership, whichever is the lesser amount.

9.2 You understand and agree that dishonoured payments incur additional charges at a rate of $10 per failed transaction. In the event of a dishonoured payment we will try charging you the following week – this amount will be 2 weeks membership and a failed transaction charge.

9.3 You agree that if any items or drinks are purchased on your account, payment to charge by way of Direct Debit to clear the account.

12-Month Direct Debit

9.4 Where you have entered into a 12-month Direct Debit Membership Agreement with us, you acknowledge and agree that if you wish to end your membership before the initial term expires, you agree to pay an early cancellation fee of $150 or 25% of the remainder of the membership, whichever is the lesser amount.

9.5 You agree that after the initial term expires, payments will continue until you advise Sunny Gymz of your cancellation of this agreement. This can be done by giving 10 days’ notice by informing Sunny Gymz in writing by completing a request to cancel membership form or by email. Confirmation letters/emails/texts will be sent by Sunny Gymz within 7 days of receiving a cancellation request.

Flexi Direct Debit

9.6 You agree that the contracted minimum term of 1 month applies and your payments will continue on after this date until you have provided 30 days notice to Sunny Gymz of your cancellation of this agreement in writing by completing a request to cancel membership form or by email. Confirmation letters/emails/texts will be sent by Sunny Gymz within 7 days of receiving a cancellation request.

10. MEMBERSHIP HOLD

10.1 Your membership can be put on hold for a minimum continuous period of 4 weeks, and up to a maximum of 12 weeks.  The length of the hold will be added to the term of your membership.   A membership hold can only be implemented once within a 12-month period.

10.2 Membership holds are not available to our Flexi Direct Debit memberships that are within the contracted minimum 1 month term.

11. NON-USE OF GYM

11.1 Non-use of the gym facilities does not mean non-payment, time credit, refund or cancellation without incurring a cancellation fee if you are on our Direct Debit membership.

12. NO TRANSFERS

12.1 You agree and acknowledge that your membership is personal to you and you cannot transfer your membership to another person.

13. CONDITIONS OF ENTRY

13.1 You agree to the conditions of entry to Sunny Gymz. Please note that these conditions may change from time to time due to situations outside our control. The current conditions will be on display at the entrance. We will endeavour to provide updates on our website, social media pages and/or email to you. We are not liable for any closures or limitation in services caused by events beyond our reasonable control.