Membership Agreement

(a) We are constructing a new Recreation and Wellness Centre at 17 Symonds Street, Auckland (the Centre). Until we open the new Centre for public use, the temporary facilities described below will together comprise the Centre for the purpose of this Agreement:·      

• the Recreation Centre at 70 Stanley Street, Auckland
• the Sports Centre at 7 Wynyard Street, Auckland

(b) When we have opened the new Centre for public use, the temporary facilities will be permanently closed. We will give you at least 1 month's notice in writing of the opening of the new Centre and the closure of the temporary facilities.

(c) You acknowledge and agree that the changes described in this clause will not change the terms and conditions of this Agreement or your obligations under this Agreement.

(a) A standard membership gives you the right to use the Centre on the terms and conditions in this Agreement and the Conditions of Entry which form part of this Agreement.

(b) A standard membership includes use of the facilities, services, and equipment at the Centre described on our website. Subject to clause 15, we may changethese facilities, services, and equipment at any time.

(c) A standard membership does not cover additional items and services including food or drink (except water), sports equipment hire, premium classes, or personal training services. You must purchase and pay for these items and services separately.

(d) While at the Centre you must not provide personal training services or assist or train any other individual or group. If you are training with more than one other person you must stop if requested to do so by staff. Such requests may be made for the safety and wellbeing of other members, or if the training could negatively impact the enjoyment of the facilities by other members.

(a) A premium membership gives you the right to use the Centre on the terms and conditions of a standard membership set out in clause 2.

(b) Premium membership also gives you the right to attend unlimited premium classes as described on our website. However, you must register for premium classes and your place in premium classes is subject to availability.

(c) Subject to clause 15, we may change the types of premium classes provided and the timetable of premium classes at any time. The timetable of premium classes will be reduced during semester breaks (including mid-semester and inter-semester breaks). 

(a) The Centre is open during the opening hours published on our website and is closed on public holidays, Easter Tuesday, and the day before Christmas Eve.

(b) We will take reasonable care to ensure that the Centre’s facilities, services, and equipment are available for your use during opening hours. However, we do not guarantee that the Centre’s facilities, services, or equipment will be available or free of faults as demand from other members or circumstances beyond our reasonable control (such as equipment failure) may mean that the facilities, services, or equipment you want to use are not available.

(c) Subject to clause 15, we may change the Centre’s opening hours at any time.

(a) We may need to close the Centre (or a facility or service at the Centre) during opening hours or change the location of the Centre (or a facility or service usually provided at the Centre) for reasons including health and safety, cleaning, maintenance, refurbishment, or upgrade. If possible, we will give you advance notice of planned closures and try to ensure that such closures are in off peak hours (unless an issue or problem must be resolved urgently or there is an emergency).

(b) We may need to close the Centre (or a facility or service at the Centre) or change the location of the Centre (or a facility or service usually provided at the Centre) without advance notice to you in an emergency or for other events or circumstances beyond our reasonable control such as acts of God, riots, acts of war or terrorism, epidemics, governmental action, power failures, fire, flood, earthquakes, tornadoes, weather-related damage, or other natural disasters.

(c) In the event of a closure or relocation under this clause that affects your use of the Centre, please contact us to discuss your membership options.

(a) You must be at least 15 years old to be a member of the Centre. If you are under 18 years old, this Agreement must be signed on your behalf by your parent or guardian.

(b) Your membership will be a community membership unless you meet and continue to meet the conditions of an affiliation set out in the table below.

(a) You must give us written notice of any change in your circumstances which means that you no longer meet the conditions of your membership affiliation within 14 days of the change. 

(b) We may ask for evidence that you continue to meet the conditions of your affiliation at any time. If you cannot provide adequate evidence within a reasonable time when asked, your membership will revert to a community membership.

Memberships can be paid either:

(a) upfront on the terms and conditions in clause 8; or

(b) by recurring monthly payments on the terms and conditions in clause 9.

(a) An upfront membership is purchased for a specific term (the membership term) and you must pay the full membership fee as a lump sum upfront.

(b) We will not increase the membership fee during the membership term. When the membership term ends, the membership fee for any new or renewed membership may be different and will be the membership fee published on our website at the time the new or renewed membership
is purchased.

(c) You cannot suspend or pause an upfront membership. You can cancel an upfront membership at any time by giving us written notice but no refund of the membership fee will be given except:

• if required under the Consumer Guarantees Act 1993 or otherwise required by law;
• if this Agreement is terminated under clause 15(b); or
• otherwise at the discretion of the Customer Service Coordinator in exceptional circumstances.

(d) You can transfer an upfront membership with our consent (which will not be unreasonably withheld) to another person with the same affiliation for the remainder of the membership term. You must request an upfront membership transfer in writing and pay a transfer fee of $50. We will notify you within 7 days of our decision on your transfer request.

(a) A recurring payment membership is for a minimum term of 8 weeks (the minimum term).

(b) When the minimum term ends, your membership will automatically continue on a recurring monthly basis unless you give us written notice at least 3 working days before the end of the minimum term that you do not wish this Agreement to continue. After the minimum term ends, you can cancel your membership in accordance with clause 9(f).

(c) The membership fee is an amount paid monthly in advance by credit or debit card. The payment is due on the first day of each month and we may process that payment on or after the due date.

(d) You must make a partial payment calculated between the day you join as a member and the next monthly payment due date and must continue paying the monthly payment even if you do not use the Centre.

(e) We may increase the membership fee at any time after the minimum term ends by giving you at least one months’ notice. If you do not accept a notified membership fee increase, you can cancel your membership in accordance with clause 9(f) before the fee increase takes effect.

(f) You cannot suspend or pause a recurring payment membership. You can request to cancel the membership after the minimum term ends by giving us written notice at any time. Cancellation will take effect from the due date of your next monthly payment that is more than 3 working days after we receive your notice of cancellation. 

(a) Recurring payment memberships will generally not be able to be cancelled or refunded during the minimum term, unless: 

• if required under the Consumer Guarantees Act 1993 or otherwise required by law;
• if this Agreement is terminated under clause 15(b); or
• otherwise at the discretion of the Customer Service Coordinator in exceptional circumstances.

(g) You must:

• have a valid credit or debit card authority in place at all times and that authority must be established before your membership will start; and
• make sure there are sufficient funds to fund each payment and any other fees or charges imposed by your card provider when we process your payment.

(h) If a monthly payment fails, we will add the outstanding sum to the next monthly payment or try to process additional payments to recover the overdue amount.

(i) We may charge you for our reasonable administrative and other costs associated with the recovery of all outstanding amounts (including reasonable collection costs and legal fees) and these costs will be added to the outstanding amount.

(a) Payments for membership fees made by credit card or online by debit card are subject to an additional convenience fee of 1.9%. This fee is added automatically when the payment is made.

No convenience fee is charged for payments for upfront memberships made in person at the Centre by cash or EFTPOS card.

(a) As a member you must produce your University Campus Card or Sport and Recreation mobile application (mobile app) each timeyou wish to enter the Centre.

(b) You must not allow:

• your Campus Card or mobile app to be used by another person to enter (or attempt to enter) the Centre; or
• another person to enter at the Centre at same time as you using your Campus Card or mobile app (tailgating).

(c)   If your Campus Card or mobile app is used by another person to enter (or attempt to enter) the Centre with your knowledge then we may terminate your membership in accordance with clause 13.

(a) We acknowledge that you have rights as a consumer under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. For more information see the Commerce Commission’s guidance on Your rights as a consumer. These rights are not affected by clause 12(b).

(b) We are not liable for any loss or damage of any kind to you or your property while at a facility unless your property is damaged, lost, or stolen by a staff member, contractor, or agent of the University, or we have liability under the Consumer Guarantees Act.  

(c) If you deliberately or carelessly cause damage to the Centre, or facilities or equipment at the Centre, we may require you to pay for the cost of repairing the damage.

(a) If we consider, acting reasonably, that you have materially breached a term of this Agreement (including the Conditions of Entry) and, if such breach is capable of remedy, have failed to remedy that breach within 10 working days after receipt of our notice requiring the breach to be remedied, we can:

• immediately terminate this Agreement and cancel your membership by giving you notice in writing; or
• suspend your access to the Centre or specific facilities or services for a specified period of time by giving you notice in writing.

(b) You acknowledge that a material breach of this Agreement includes:

• carrying out an illegal, offensive, or unsafe activity at the Centre;
• allowing your Campus Card or mobile app to be used by another person to enter (or attempt to enter) the Centre with your knowledge; and
• at least two recurring monthly payments are overdue. 

(c) We may terminate this Agreement by giving at least one month's notice for any legitimate business, legal or regulatory reason (for example, if we decide to close our facilities permanently or for an extended period).  If we terminate this Agreement under this paragraph (c), you will be refunded the amount of your membership fee that has been paid in advance and remains unused as at the date of termination.

(d) Any exercise of our rights to terminate this Agreement is without prejudice to any other rights and remedies available to us at law.

This Agreement should be read together with our Privacy Notice which sets out how we may hold, use, and disclose any personal information we collect from you when you join as a member and during the course of your membership.

(a) We may change the terms of this Agreement at any time, by providing you with at least two months’ notice of that change.  We may also need to change the facilities, services, and equipment, premium classes provided and class timetable, and opening hours as outlined in this Agreement.

(b) If we change this Agreement (or the facilities, services, and equipment, premium classes provided and class timetable, or opening hours) in a material way that is detrimental to you and you were not aware of the change when you signed up, you are entitled to terminate this Agreement at no cost by giving us written notice before the change takes effect.

(c) If you terminate this Agreement under this clause, you will be refunded the amount of your membership fee that has been paid in advance and remains unused as at the date of termination.

Last updated 16 October 2023