Terms & Conditions

Terms and Conditions Version 1.4

Parties

  • The "Business": The organization providing the service for which the Customer is paying.

  • The "Customer": The person or party signing this Payment Contract.

  • "Payment Contract": The Agreement in which the Customer has agreed to pay for the service provided by the Business, hereafter referred to as the Agreement.

  • "Ezidebit": Ezidebit NZ Ltd, PO Box 5587, Wellington 6145, New Zealand. Phone 0800 394 332, Fax 04 473 6511, www.ezidebit.com/nz. Also referred to as the "Initiator".

The Customer acknowledges that Ezidebit has been contracted by the Business to collect the payments due under the Agreement. Nothing contained in the Payment Contract shall render Ezidebit the agent of the Business for any purpose other than the collection of payments due and payable under the Agreement. The Customer acknowledges that Ezidebit shall not be liable to them for the provision of Services. For the purposes of the Contract and Commercial Law Act 2017, the Customer acknowledges that all rights of the Business pursuant to this Agreement may be enforced by Ezidebit as if it were the Business, without requiring the Customer's consent or any involvement on the part of the Business.

Payments and Fees

Ezidebit shall administer the collection of payments due by the Customer to the Business. All payments due shall be made directly to Ezidebit in the manner specified in the Agreement. It can take up to three (3) days for payments to be processed from the Customer's account. The Customer's obligation under this Agreement is to ensure sufficient funds remain available to cover the instalment amount specified for at least three (3) days after the nominated instalment date.

Ezidebit will charge a one-off administration fee in addition to the first debit. Ezidebit will charge a transaction fee per direct debit payment deducted from the Customer's account. If a debit is returned by the financial institution as unpaid, a failed payment fee will be payable by the Customer to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Request. Ezidebit may debit an SMS fee directly from the Customer's account for any SMS sent.

Conditions of This Authority to Accept Recurring Card Payments

  1. The Initiator agrees:

    • To give advance written notice (including by electronic means and SMS where the Customer has provided prior written consent to communicate electronically) to the Customer in the form of a schedule of the payment dates and the net amounts to be debited to the Nominated Card.

    • In the event of any subsequent change to the frequency or amount of the debits to the Nominated Card, the Initiator will give advance written notice of at least 30 days to the Customer before the changes come into effect.

  2. The Customer may:

    • At any time, terminate this Authority by giving written notice of termination to the Initiator.

  3. The Customer acknowledges that:

    • This Authority will remain in full force and effect in respect of all amounts to be debited to the Nominated Card in good faith notwithstanding the Customer's death, bankruptcy, or other revocation of this authority until actual notice of such event is received by the Initiator.

Conditions of This Authority to Accept Direct Debits

  1. The Initiator:

    • Undertakes to give notice to the Acceptor of the commencement date, frequency, and amount at least 10 calendar days before the first Direct Debit is drawn (but no more than 2 calendar months). This notice will be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (by electronic means including SMS) to communicate electronically).

    • May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice, the Bank may terminate this Authority as to future payments by notice in writing to the Customer.

  2. The Customer may:

    • At any time, terminate this Authority as to future payments by giving notice of termination to the Bank and to the Initiator by means agreed by the Customer, Bank, and Initiator.

    • Stop payment of any Direct Debit to be initiated under this authority by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.

    • Where a variation to the amount agreed between the Initiator and the Customer from time to time to be Direct Debited has been made without notice being given in terms of clause 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the Initiator through the Initiator's Bank, provided such request is made not more than 120 days from the date when the Direct Debit was debited to the Customer's account.

  3. The Customer acknowledges that:

    • This authority will remain in full force and effect in respect of all Direct Debits passed to the Customer's account in good faith notwithstanding the Customer's death, bankruptcy, or other revocation of this authority until actual notice of such event is received by the Bank.

    • In any event, this authority is subject to any arrangement now or hereafter existing between the Customer and the Bank in relation to the Customer's account.

    • Any dispute as to the correctness or validity of an amount debited to the Customer's account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this authority. Any other dispute lies between the Customer and the Initiator.

    • Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:

      • The accuracy of information about Direct Debits on Bank statements.

      • Any variations between notices given by the Initiator and the amounts of Direct Debits.

    • The Bank is not responsible for, or under any liability in respect of, the Initiator's failure to give notice in accordance with 1(a) nor for the non-receipt or late receipt of notice by the Customer for any reason whatsoever. In any such situation, the dispute lies between the Customer and the Initiator.

    • Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than the Customer is a matter between the Customer and the debtor concerned.

  4. The Bank may:

    • In its absolute discretion, conclusively determine the order of priority of payment by it of any monies pursuant to this or any other authority, cheque, or draft properly signed by the Customer and given to or drawn on the Bank.

    • At any time, terminate this authority as to future payments by notice in writing to the Customer.

    • Charge its current fees for this service in force from time to time.

24-hour Membership Assumption of Risk and Release

Release and Indemnity

I understand that the risk of injury from an activity carried out at Fit Nation or any fitness club is significant, including permanent paralysis and death, and I knowingly and freely assume all such risks, both known and unknown. I acknowledge that this is an unsupervised fitness club and assume all risks associated with using exercise equipment in Fit Nation without the aid and supervision of staff members on the premises.

I understand that Fit Nation is a privately owned fitness club and hereby release, indemnify, and hold harmless the Club and proprietors, and their respective owners, officers, managers, affiliates, agents, and employees ("Releases") with respect to any claim or demand which may arise in respect of any injury, disability, death, or loss or damage to any person or property, whether arising from the negligence of the Releases or otherwise, that may arise out of or in connection with my use of the equipment or the facilities at the club premises or any incident that occurs while using the club's facilities or engaging in club activities, or off the club premises or otherwise related to my club membership.

I will keep the Releases indemnified against all claims, actions, losses, and expenses of any nature which the Releases may suffer or incur or for which the Releases may become liable in respect of or arising out of:

  • The neglect or careless use or misuse by myself or any guest under my control of the club facilities or equipment.

  • Any accident or damage to property or persons arising from any occurrence in or near the Club's facilities, wholly or in part by reason of any act or omission by myself or any guest under my control.

I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and, in the case of a family membership, to any minor included in my membership and on whose behalf I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into this Agreement.

Terms and Conditions

Definitions

In this agreement, the following terms apply:

  • Agreement: This membership agreement made between you and Fit Nation.

  • Club: The Fit Nation 24/7 gym where you applied for your membership as described in this Agreement.

  • Fit Nation: The franchisee operating the Club pursuant to a franchise agreement with Fit Nation Gym Ltd and includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, and employees.

  • You: The person described in this Agreement who is applying for the Fit

    Policy Updated: 17 July 2024