DNA FITNESS MEMBERSHIP – CONDITIONS AND GUIDELINES CONTRACT

Please read and understand these conditions before joining.

General Conditions and rules of use:
This membership gives access to use DNA Fitness facilities including restricted access to the lap pool located at 714 Great South Rd, Penrose till the expiry of the minimum term and notice period (12 months, 6 months or 1 month). Your membership gives you the right to use the club facilities during normal operating hours on the terms of this Agreement. It does not include additional costs like food or drink, special classes or personal training, which you may pay for separately. We will take all reasonable care to ensure the facilities are available during normal opening hours, but sometimes demand from other members or circumstances beyond our control such as equipment failure may mean that the equipment you want to use may not be available.

The DNA Fitness (DNA) Center is a “no smoking” and “no alcohol” area. Food is not permitted in the pools, aerobics or fitness areas. Only individuals 16 years and over are entitled to memberships to the Fitness Centre. Please note our emergency evacuation procedure, exits and fire equipment. Please respond to the alarms if sounded and follow staff instructions. If you have a medical condition (e.g. Hypertension, pregnancy, diabetes), please seek medical advice before using these facilities. Please note aggressive, violent or disruptive behavior will not be tolerated. Should aggressive, violent or disruptive behavior be displayed toward other members, staff or management, the member or members involved will be asked to leave immediately and indefinitely. The member will not be entitled to any refunds and forego any membership owed to them. X initial

Membership card:
This MUST be swiped upon every entry and for the sole use of the signing member.
In the event of loss or damage the card must be replaced. A fee (subject to change) of $25.00 may be charged to replace your card.
Anyone caught using another member’s card will be charged in full for their visit.
Entry may be refused if a member consistently fails to produce their membership card for entry.

Workout Gear:
Appropriate closed shoes and clothing must be worn (No Jeans, jean shorts, dirty clothing, or clothing likely to damage
upholstery or equipment). Training footwear (no work boots) must be worn in the fitness area(s) at all times.

Hygiene:
You must shower before using the swimming pool.
A workout towel is compulsory in fitness areas to clean and protect equipment from damage caused by perspiration. Please ensure you are clean and use deodorant before entering the gym. Offensive body odours will not be tolerated within the facility.
Spray down stations are also provided and must be used on every piece of equipment after use.

Medication/Conditions:
Any Medication (e.g. Ventolin, Insulin) etc. must be kept on you at all times. For your safety, please notify staff of any medications you require and any medical conditions which may affect your safety whilst using this facility. Please seek the advice of a trained medical professional if you have any concerns.

Hours:
DNA Fitness operational hours and pool access hours are subject to change without notice. Any such change shall constitute the customers entitlement under this contract. Please note that hours will change over public holidays, school holidays and two weeks over the Christmas and New Year periods. These changes will include both a reduction in opening hours and days of closure. X initial

Suspensions:
DNA Fitness (DNA), at its sole discretion and upon application from 12 month minimum term Customers, may suspend the membership and any payments due within the suspension period under this contract for a minimum of 1 month and a maximum of 2 months every 12 months.
There may be a fee (subject to change) of $25 for the suspension. This is payable before the suspension date at DNA reception. A minimum of 7 days prior notice is required (in writing) to implement the suspension. Suspension does not reduce the minimum term or value of the agreement and any time suspended is added on to the minimum term. DNA Fitness has no obligation to allow a suspension.

Privacy/personal information:
The Customer authorizes DNA Fitness (DNA) to contact the customer for any purpose. The customer has the right under the Privacy Act 1993 to obtain access to and request correction to any personal information\ concerning the customer held by DNA. The customer is solely responsible for providing either in writing or by email any change of contact details. Details that are essential to DNA services include; postal and email addresses, contact phone numbers, and emergency contact phone number/details. DNA is not responsible for any discrepancy in fee payments, or any loss whatsoever arising from an inability to contact the customer due to outdated contact information.

Liability:
To the extent permitted by law, DNA Fitness Ltd shall not be liable or responsible to the customer for any direct, indirect, or consequential injury, loss or damage to the customer or the property of the customer what-so-ever and howsoever arising. This includes use of all machinery/equipment and unsupervised lap pool use and unsupervised gym use. Nothing in this clause is intended to have the effect of contracting out of the Consumer Guarantees Act 1993, except to the extent permitted by the Act. Please note that our lap pool is for members only and has no lifeguard supervision. Any use of the lap pool is at the members own risk. Various gym hours may not be supervised and use of the facility is at the members own risk. X _ initial

Entitlement:
The Customer acknowledges that the provision of service provided by DNA may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. The Customer agrees to be bound by the rules and conditions of the facility. DNA may remove the entitlement of use of the Facility without refund if the Customer fails to comply with general conditions and Rules of Use of the Facility or fails to make payment of any fee due on its due
date.

Notice of Disclosure:
Any member who has any dispute over services offered, must disclose and inform DNA Fitness in writing, within seven days.

Provision of Service:
Change of location inside of a 5km radius or ownership or the name of the Facility does not absolve the customer of the responsibilities, including minimum terms under this Contract.

Payment:
The customer agrees to pay the installment amount at the agreed payment frequency as well as the agreed payment method until this contract is terminated in accordance with the termination clause below. You must continue paying even if you do not use the club. It is also the customer’s responsibility to return Direct Debit forms back to DNA Fitness five (5) days before the customers first Direct Debit is due. Failure to do so may incur penalty fees as detailed below under Penalty Fee clause. Failure to observe these procedures may result in incurrence of penalty fees.
The membership rate is quoted as a weekly rate and must be paid by direct debits. It’s your responsibility to make sure there are sufficient funds in your account.

Missed Payments:
For all and any individual payment missed through oversight, insufficient funds or failure to observe the outlined conditions of this contract the amount will be added to the next direct debit. Should the payment still not be received the amount will be added to the next direct debit and or the direct debit will be run two (2) days later. This amount
will include a $5.00 administration charge and all collection agency costs.

Termination of Direct Debit Contracts:
The Customer may cancel this membership after the expiry of the minimum term and 14-day cancellation notice period has been met, and after all installments and fees due have been paid in full. This membership contract is perpetual membership and shall continue indefinitely until such time as the Customer requests via email, after the expiry of the minimum term for it to terminate. Any installments/fees due at the date of termination (including installments/fees which fall due during the notice period) will remain a debt owed to and recoverable by DNA Fitness (DNA).

The 14-day cancellation period cannot commence until the minimum term has been met, during which any payments that fall due must still be paid in full (no part month payments). This notice period will be effective, once received from the day after the customers next scheduled payment. The customer shall not consider that this contract has been terminated until such time as this is confirmed electronically, or in writing by HBF.

It remains the responsibility of the customer to cancel any Direct Debit instruction at their bank at the appropriate time of termination to ensure no further membership payments are taken out. Should the member fail to do this and incur bank fees such as overdraft fees DNA Fitness will not be liable for them.

Should the Customer choose to terminate this contract before the minimum term is met the Customer will be charged a higher rate for a shorter initial term. The Customer will need to pay the difference between the fees already paid and the fees of the higher rate. The higher rate will be that of our open term membership fees, that being $19.95 per week.

Cancellation:
The Credit Contracts and Consumer Finance Act 2003 give the customer the right to cancel this contract for a short time after the terms of this contract have been disclosed.
Whether this is handed directly, by electronic means, or via post, HBF must receive written notice of intention to cancel within 3 working days after having been issued this contract. Saturdays, Sundays and national public holidays are not counted as working days.
The member shall not consider that this contract has been terminated until such time as this is confirmed electronically, or in writing by HBF.

Debt Collection Action:
The customer authorizes DNA Fitness to notify any debt collection/credit reporting agency including Debit Success LTD, upon default by the customer in regard to any obligation under this contract. Should this occur the full outstanding balance of the remainder of the minimum term including any current arrears and arrears penalty fees may be immediately due in full.
The Customer agrees to pay any and all costs incurred as a result of debt collection including and not limited to, the commission charged by the debt collection agency and or Debit Success.

Entire Agreement:
Joining now this membership agreement contract supersedes and cancels any previous contract, agreement, or understanding relating to membership terms and conditions, whether written or verbal.