Class Series and Membership
1. You must complete the Consent, Waiver of Liability and Indemnity (Consent). You will not be permitted access to our premises unless you have completed the consent.
2. Class series or Membership allow you access to our Premises subject to the terms of this Agreement, our Rules or any other rules or policies pertaining to your Membership that we may introduce from time to time. We reserve the right to change, alter, withdraw or adapt any facilities, equipment, timetables, services, Rules and policies within the studio at any time.
3. Your Class Series or Membership applies to you personally. You cannot allow any other person to use your Membership. You must not bring, invite or aid a non-paying person to access our Premises. Class Series or Memberships are not transferable unless you obtain written consent from us. We are entitled to charge you a transfer fee to complete any transfer of your Class Series or Membership to another person.
4. We reserve the right to review your Class Series or Membership to ensure compliance with our policies prior to acceptance of your Membership.
5. We reserve the right to change Fees at any time. In the event that Fees are to be changed, we will make reasonable attempts to provide you with written notice of change to Fees to your nominated email address. The notice period for the change of Fees will be no less than 1 calendar month from the date you receive notice. Notice of the change to any Fees is deemed to have been received by you 2 working days after we have sent written notice to you by email.
Membership cancellation, suspension and restriction
6. If you hold a Membership, your Membership will be automatically renewed at the conclusion of the Membership duration. You are free to cancel your Membership online at any time. No refunds are payable on any Fees which have been paid by you for your Membership.
7. We may cancel your Membership immediately and at any time by giving you written notice where you breach a fundamental term of this Agreement.
8. We reserve the right to restrict or suspend your Membership if we have reasonable grounds to conclude that that your access to our Premises should be restricted or suspended having regard to your health and/or safety or the health and/or safety of another member, or for non-compliance with our Rules, or for a breach of the terms of this Agreement. If your Membership is restricted or suspended on the grounds that you are physically unfit or unable to use our Premises, your Membership will not be reinstated until you provide us with a medical certificate confirming that you are medically fit or able to use our Premises.
9. If you cause damage to our Premises or other property as a result of an intentional, dangerous, reckless or negligent act as reasonably determined by us or as a result of the breach of this Agreement or our Rules, then you agree that you shall be liable to us for the reasonable cost of the repair or replacement of our Premises or other property.
10. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or otherwise) whether arising in contract, tort or otherwise, which may arise as a result of your use of our Premises or other services. This limitation does not limit or affect any rights a domestic consumer may have under the Consumer Guarantees Act 1993. Compensation for personal injury by accident in New Zealand may be covered by the Accident Compensation Act 2001 (as amended or reenacted).
11. By accessing our Premises and/or using our Premises, you are deemed to have understood and accepted both this Agreement and our Rules. By completing the Consent, you warrant to us that you have no known condition (medical or other), disability or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects. Every time you access our Premises, you warrant and represent to us that you have no known medical conditions that would mean that you are not capable of physical exercise and that such exercise will not be detrimental to your health. If you are in any doubt, it is your sole responsibility to consult with your medical practitioner.
12. You acknowledge that exercise or health specialists (for example personal trainers) may operate from our Premises, but may not be our employees or agents. Where you choose to make use of an exercise or health specialist, you must enter into an agreement with them, and pay them separately.
13. If you have a complaint or dispute or difference arising out of or in connection with this Agreement, then we invite you to raise the matter with us in the first instance. If we cannot resolve your complaint or dispute, then you must raise the complaint or dispute by giving us written notice which sets out the particulars of the complaint or dispute and the outcome you seek. Both parties must endeavor in good faith to resolve the complaint or dispute including by meeting on a without prejudice basis within 20 working days of the notice of the dispute. You agree that you will not commence any legal proceedings for any reason until you have first complied with this clause.
14. This Agreement constitutes the entire agreement between the parties, and it replaces all in the negotiations, representations, warranties, understanding and agreements, whether oral or written. The Agreement shall not be varied unless it varied in writing, and signed by both parties. This Agreement and any rights, duties and obligation as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand.
15. The following definitions apply to this Agreement:
a. “We”/”us”/”our” means Sala Studio.
b. “You”/”your” means the member who has entered into this Agreement with us.
c. “Agreement” means this agreement made between Sala Studio and you as member including these terms and conditions and any annexures to the terms and conditions.
d. “Premises” means our studio, our facilities and our equipment or property, and includes any locations outside of our studio or facilities where training and/or events take place from time to time, including without limitation locations for member nights, member social events, external club events, open days or family days.
e. “Rules” means Sala Studio’s rules as amended by us from time to time. A copy of the Rules are able to be reviewed at Sala Studio’s Premises upon request.
k. “Fees” means the fees associated with the Class Series or Memberships indicated by this Agreement.