Membership Rules

YOUR MEMBERSHIP AGREEMENT IS AN ONGOING AGREEMENT WITH A MINIMUM INITIAL COMMITMENT PERIOD OF AT LEAST TWELVE WEEKS. IT AUTOMATICALLY RENEWS FOR FURTHER TWELVE WEEKS COMMITMENT PERIOD UNLESS TERMINATED UNDER PARAGRAPH 8. Basically this means you contract will roll over every twelve weeks unless you tell us not to.

1. The Agreement between you and us

These Terms, together with the Club Rules and the following completed documents:

(a) your Membership Application Form; to be sorted:

(b) your Payment Authority Form; and EZIDEBIT

(c) your Health Check Questionnaire;    

make up all of the terms of a Membership Agreement (“Agreement”) between, the member(s) named above (“you”), and Mint Health and Fitness (“us”)). It is important that you have read and understood all of the terms and conditions of the Agreement before signing these Terms. If you have any questions please ask us.

2. Your type of Membership, your Home Club and other Clubs

You are becoming a member of Mint under the Membership Type as stated in Membership Application Form

3. When will your membership start?

Your membership will start on the Membership Start Date (“Membership Start Date”) set out on your Membership Application Form, provided that:

(a) you have signed these Terms, your Membership Application Form, and your Payment Authority Form;

(b) you have completed a Health Check Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and

(c) we have received your Total Upfront Payment as set out in your Membership Application Form.

(d) if you do not wish to proceed you have the right to cancel within three days

4. How long will your membership last?

4.1 Commitment Periods

Your Commitment Periods include both an Initial Commitment Period and Ongoing Commitment Periods. You are committed to a minimum initial period of membership (“Initial Commitment Period”) such that:

(a) if your Membership Start Date is the first day of a fortnightly billing period, the period of twelve weeks from your Membership Start Date; Direct debits from Bank or credit card will be on a Thursday every 2 weeks.

Your membership will automatically renew for further twelve week Commitment Periods (“Ongoing Commitment Periods”) unless your membership is terminated in accordance with paragraph 8. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.

For example, assuming a fortnightly billing period starts on 19 Sept 2011, the Initial Commitment Period for a member whose Membership Start Date is 19 Sept 2011 will begin on 19 Sept 2011 and will end on 19 Dec 2011. Their first Ongoing Commitment Period would then run from 20 Dec 2009 until 20 Mar 2009.

4.2 Can you suspend or “freeze” your membership?

If you wish to suspend or “freeze” your membership you may notify us of your request in writing or by email. You will also have to pay the non-refundable Freeze Fee set out in the price list current at the time you freeze your membership.

Your membership may be frozen for two or more consecutive whole fortnightly billing periods (i.e. a minimum of 4 weeks) but cannot be frozen for only a part of any fortnightly billing period. You can notify us at any time that you would like to freeze your membership but Mint must receive your notice at least 3 days (by close of business Sunday) prior to the start of the first fortnightly billing period you wish to freeze. You will not be able to use the Club while your membership is frozen.

If you freeze your membership during the Initial Commitment Period, the period during which your membership is frozen will not be included in calculating your Initial Commitment Period. In other words, a freeze of your membership will also freeze the calculation of your Initial Commitment Period and will resume upon expiration of the frozen membership period.

4.3 What happens if you change your mind?

You may notify us by completing a email in person or a signed letter, that you wish to cancel your membership within 3 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund your Total Upfront Payment and any Membership Dues which you have paid to us after you return your Membership Card, Locker Key (if required), gifts and any other documentation which we have provided to you upon joining. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the applicable visitor fee for each visit and a reasonable administration charge.

5. Membership dues and fees

5.1 Activation Fee

Other than as stated in paragraph 4.3 the Ignition Fee stated in your Membership Application Form is non-refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you subsequently wish to rejoin Mint you will need to pay the Ignition Fee and Membership Fees applicable to Mint at that time.

5.2 Membership Dues

As a Mint member you are personally responsible for payment to us of the Membership Dues and any other ongoing payments set out in your Membership Application Form as they fall due.

Your Membership Dues are due for the whole of each Commitment Period even if your membership is terminated during the Period (unless you have terminated under paragraph 8.2).

If your Initial Commitment Period includes a partial fortnightly billing period as provided for in paragraph 4.1(b) above, your Membership Dues for that period will be calculated on a proportional basis according to the number of days remaining in that fortnightly billing period. Membership Dues vary depending on your type of membership. You must pay the Membership Dues applicable to your Club at the relevant time.

You may only pay your Membership Dues in advance by direct debit or periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access the Club if your Membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us in accordance with the dispute procedure set out in the Payment Authority Form.

5.3 Changes to Membership Dues

We review our Membership Dues periodically and may change them from time to time. We will give you at least 14 days notice prior to any proposed change in Membership Dues by emailing or writing to you at the contact addresses we have on our records. If you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with paragraph 8.1. If you do not terminate your membership you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.

We may need to adjust the availability of certain facilities at Mint on a temporary basis including for the purposes of cleaning, refurbishments, repairs, upgrades, maintenance, special functions and holidays.

5.4 Other membership fees and charges

Any fees or charges that may be payable for additional services and facilities, such as Freeze Fees, Guest Fees, Replacement Membership Card Fees, Transfer Fees and, will be set out in the price list (as may be amended by us from time to time) available at the Reception of Mint.

6. Can you transfer your membership to another person?

No, you may not transfer your membership to another person. Your membership is personal to you.

7. Membership type.

Membership types will vary dependant on the services that you have.

7.1 Can you change your Membership Type?

Yes, you may change your membership to another Membership Type provided you complete and provide to Mint either an email or signed letter and pay the relevant Transfer Fee and Membership Dues applicable to the new Membership Type if required.

Certain Membership Types may not be available at Mint due as they may be at full capacity.

8. How can your membership be terminated?

8.1 Termination by you

You may give us notice to terminate your membership at any time by providing Mint with either an email or signed letter which we must receive at least seven days (by close of business Thursday) prior to the date you wish to stop the RENEWAL of your Ongoing Commitment Periods.

8.2 Early termination by you

You may terminate your membership immediately upon giving us a Notice of Termination within fourteen days of any of the following occurring:

(a) if we increase your Membership Dues other than in accordance with paragraph 5.3;

(b) if we change the local physical location of your Mint;

(c) if we close the whole of Mint for any reason for a period of 30 consecutive days or longer;

(d) if we make changes to these Terms or the Club Rules under paragraph 10 that materially reduce the benefits of your membership; or

(e) if we breach any terms of this Agreement and fail to rectify that breach within 14 days of you giving us notice to do so.

8.3 Termination by us:

We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records if:

(a) you commit a serious or repeated breach of these Terms or the Club Rules;

(b) you otherwise breach these Terms or the Club Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so;

(c) any part of your Membership Dues remains unpaid 28 days after falling due; or

(d) you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership.

If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current Commitment Period.

8.4 Collection of fees

We will collect any Membership Dues and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

9. What are the Club Rules?

The Club Rules govern your use of Mint. In becoming a member you agree to comply with the Mint Club Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are using the Club. Up-to-date Club Rules will be published at mintfit.co.nz and displayed Mint.

10. Changes to these Terms or the Club Rules

We reserve the right to make reasonable amendments to these Terms or the Club Rules at any time. We will give you at least 14 days notice by emailing or writing to you to tell you that changes are being made and that you may see the amended Terms or Club Rules at our website or at the Club. If any amendment to these Terms or the Club Rules materially reduces the benefits of your membership you have the right to terminate your membership under paragraph 8.2.

11. How you should contact us?

Any written notice or completed form provided to Mint must be sent by post, fax or email, or given in person at Reception; with exception of a termination by you (see 8.1). Full contact details are available at Mints Club Reception.

12. Risk and your health

Exercising and using Club facilities may involve the risk of injury and you exercise and use the Club facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.

12.1 Recreational Activities

In the course of exercising or engaging in any Recreational Activities while using any Club facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:

• gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission; and

• recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.

13. Other bits

You must keep us up to date with your contact details by completing it online if your contact details change.

We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us you may terminate your membership upon giving Notice of Termination under paragraph 8.2.

All undefined terms used in this document have the meaning set out in the Membership Application form.

14. Accounts

All accounts must be paid within seven days of purchase unless prior arrangement has been made.

Mint has the ability for payment online and as such will allow for members to pay for purchases up to 7 days after being invoiced. If the account is not settled an invoice will be sent and payment will be direct debited from your account.

Monthly accounts are required to be finalised on the 20^th each month unless prior arrangement has been made with the owners. If an outstanding account is still held at then an invoice will be sent out payment will be taken by direct debit.

15. Your personal data

We take the privacy of our members seriously and our Privacy Policy (available at Mintfit.co.nz) explains the ways in which we use and protect your personal information.

We will collect personal information from you that may relate to your physical health or condition, including through your Membership Application Form, a Change of Circumstances Form and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information please contact your Mint.

16. Car parking:

As there are residents in the complex car please refrain from parking within the Business park car parking area. There are plenty of parks available on Durham and Peterbourgh Streets, and ask the staff if you are unsure.