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Membership Terms & Conditions

1. Membership Period

You agree to join Hypha for the Minimum Period specified on your Membership Agreement and agree to make regular payments on time for the duration of this period (even if you are not attending).

 

After any specified Minimum Period ends, regular payments will continue until your Membership Agreement is terminated in accordance with section 11 (see below) 'Termination of this Contract’. 


Please note: You may cancel your Membership Agreement by emailing us at admin@hypha.fit within 5 working days of your Membership Agreement being accepted. If you cancel within this time, we will refund any credit balance to you once any goods you have received are returned (unless you have paid for them separately) and any additional services provided, such as gym usage, specialist classes and personal training sessions, have been paid for.

2. Membership Entitlements

Your membership entitles you to attend Hypha Gym, 2/13 School Road, Kaiwaharawhara, Wellington 6035.

3. Membership Notes

Please note that your membership does not include food or drink, the cost of specialist classes (where applicable), or personal training services. Unfortunately, we cannot  guarantee that the equipment you want to use will always be available.

4. Fitness Contractors

Some Hypha Coaches and other specialists operate from our Gym as independent contractors, not Hypha employees or agents. When you use an independent contractor’s services, you are entering into a contract directly with them and must pay them separately from any Hypha Regular Payment amount. Hypha is not liable or responsible for any fees paid to a personal trainer or other third party. If your membership is part of a package that includes personal training, we may arrange that personal training on your behalf, but the personal trainer will supply that service directly to you.

5. Fees

You agree to pay all fees set out in your Membership Agreement by the due date specified for payment. Depending on your Membership Agreement, these fees may include:

  • A 'partial payment’ calculated between the day you join and your next billing date.

  • A payment in advance covering your Regular Payment amount due before your direct debit is activated on a standard payment date.

  • A Special Rate in accordance with any Promotion. 

  • Further Regular Payment Amount, to be made in advance by direct debit from your designated account or by credit card, beginning on the date specified in your Membership Agreement.

It is a condition of your membership that you sign up for direct debit authority with our provider GoCardless before we accept this agreement and you begin attending Hypha. If you change your account, you also agree to notify us and complete a replacement direct debit form.

 

From time to time, there will be necessary adjustments to membership fees. After the end of your Minimum Period, we may adjust the amount of your Regular Payment Amount. However, we will give you at least four weeks’ prior written notice of any fee increase.

 

We want you to make the most of your membership and we encourage you to come to a maximum of one class per day. However, we cannot provide any refunds for unused time.


If your Membership Agreement includes a Special Rate as part of a Promotion, it is for a set period of time only. The Promotion period runs from the day you join Hypha through to the date on your Membership Agreement that Regular Payment Amount start. After the Promotion period ends, your membership fee will revert to the Regular Payment Amount shown on your Membership Agreement.

6. What happens if my payment doesn’t go through?

If we attempt to retrieve a payment of your membership fees on the due date and there is insufficient funds, we will reattempt payment within five working days of the original direct debit. Each reattempt will include an additional Transaction fee of $1.08. 


If your membership remains unpaid, you will be politely asked to settle your account before working out.

7. Overdue Payments

It is your responsibility to keep your account in funds and to pay your own bank fees – including any fees your bank charges if your account is overdrawn because of a direct debit being processed. If your direct debit fails, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We may apply reasonable administration costs to undertake this.


If your account with us is more than four weeks in arrears, please understand that your details will be sent to a collection agency and that you agree to pay all our reasonable collection costs, including actual legal fees.

8. Hypha Gym Rules

We have Hypha Gym Rules which you agree to comply with. These rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of Hypha Gym Rules may result in termination of your Membership Agreement and may also prevent you from re-joining later. 


As well, we may seek compensation for any costs incurred, including legal costs on a solicitor-client basis.


A hard copy is also up at our gym. 


Please note: Gym Rules may be updated from time-to-time, please make sure you familiarise yourself with them. If you have any questions about what you can and cannot do, please ask any of our coaches or email us at admin@hypha.fit.


Where we reasonably believe a serious breach of our Hypha Gym Rules has occurred, we may cancel your Membership Agreement.

9. Safe workouts and our responsibility

It is your responsibility to make sure you work out safely in Hypha. We acknowledge your rights as a consumer under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, but provided we have acted with reasonable care and skill, we will not be held liable for any direct, indirect or consequential loss or damage of any kind, whether to you or your property. Compensation for personal injury by accident in New Zealand is covered by the Accident Compensation Act 2001.


If you have any doubts about your fitness and capability to exercise, or if you have a medical condition that may affect your safety or wellbeing, we strongly recommend that you get advice from a doctor before attending Hypha. For the safety of all, each member is responsible for correctly using Hypha facilities, reading signs and notices, and

following Coach instructions. Always ask a Coach if you are unsure about how to use any equipment.

10. Pausing your membership

You may pause your membership at any time. You can request a membership by emailing us at admin@hypha.fit. Please note, you may not pause your membership for less than two weeks. 


We are not able to backdate a membership pause request. Pause requests must be made at least one week prior to your direct debit being deducted from your account. All requests must be made in writing by emailing us at admin@hypha.fit.  You are not able to request a membership hold by speaking to one of our Coaches or staff. This needs to come by email. 


All pause requests will be confirmed by us by email. If you do not receive an email confirmation within two working days please contact us at admin@hypha.fit. 


Your membership fee will automatically be reinstated after the end of the “on-hold” period and you must make sure that you have sufficient funds in your account to meet the next direct debit payment.  


If you Pause within the Minimum Period, the length of the Minimum Period will be extended by the length of any pause you take.


If your Membership Agreement is for a special promotional price period, and you want to Pause your membership during that period, the date for the end of the special promotional price payments will not be extended by the length of the Pause.


There is no fee for each pause. Hypha reserves the right to change a pause fee at any time in accordance with section 14, below. There is no maximum number of times you can pause your membership.

11. Termination of this contract

Termination by you

If you wish to terminate your membership, you must provide at least five working days’ prior written notice of this intention. You can request to terminate your membership by emailing admin@hypha.fit.

 

Once you have made your request, we will be in touch with you promptly to finalise the

process. Direct debits of your Regular Payment Amount will be stopped after the end of your notice period.

 

Please note: If relevant, you are contracting to remain a member for the Minimum Period. The monthly fee that you pay reflects your contracted Minimum Period.

 

If you choose to terminate your Membership Agreement before the end of your Minimum Period, you must pay a termination fee of 33% of the balance of the membership fees you are contracted to pay for your full minimum term (Termination Fee).

 

We may debit any applicable Termination Fee from your bank account. If any prepayment for your membership is greater than the Termination Fee, we will arrange a refund. Termination will be effective from the start of your next billing period. No Termination Fee will apply if you choose to terminate after the end of any Minimum Period, if relevant. 

 

If you are considering terminating because of illness, injury or financial hardship, please talk to us first. We may be able to consider your specific situation. Please email us at admin@hypha.fit if this is the case. 

 

Termination by Hypha

If at any time we reasonably believe you to be in breach of your Membership Agreement terms, we reserve the right to cancel your membership, effective immediately, by giving you notice in writing. 

Membership Agreement breaches include:

  • account arrears of more than four weeks

  • breaching any Hypha Gym Rules

  • carrying out any illegal, offensive or unsafe activity on Hypha premises

  • any exercise of our rights to terminate your Membership Agreement is without prejudice to any other rights

  • remedies available to Hypha under these General Terms or at law.

12. Force Majeure

We will not be liable for or responsible for any failure to perform any of our obligations under these General Terms that is caused or contributed to by any event that is outside our reasonable control, including without limitation acts of God, riots, acts of war, terrorism, epidemics, governmental action, fire, power failures, earthquakes or other disasters.

13. Unplanned Closure

There may be occasions when we are required to close our Gym’s operations and services. In such circumstances, you may be entitled to a partial or full refund or pause your membership for the period of closure. We will endeavour to advise you in advance of such a situation, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum.

14. Changes to your Membership Agreement

From time to time we may need to make changes to our General Terms or your Specific Membership Terms (including adjustments to membership fees). If any changes are required, they will not apply retrospectively. 


Generally, we endeavour to provide at least four weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. 


Except where we are required by law to make the change, if you find a modified term unacceptable you may terminate your Membership Agreement by giving us the standard advance notice, even if you are within your Minimum Period. Please ensure you are referring to the latest General Terms by referring to the date at the top of this document.

15. Privacy

These General Terms should be read in conjunction with our Privacy Policy. Our Privacy Policy governs how we may process and use any personal information we may collect from you during the course of your membership.

16. Exclusion of liability for property

We are not liable to you or any personal property that you have lost or had stolen or damaged while in or around Hypha Gym, including your vehicle and contents or any property left in the open lockers unless it has been due to the actions of a Hypha Staff Member or Contractor. You are liable for all costs of repair or replacement, if you cause any deliberate damage to the club or equipment.

17. Applicable Law

Your agreement is subject to New Zealand law. If a court decides that any section of the agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

18. Definitions

In these General Terms, capitalised terms have the meanings given to them in your Specific Membership Terms and:

  1. General Terms means these General Terms available on this page, as updated from time to time.

  2. Hypha means Lifelong Wellness Limited, trading as Hypha. 

  3. Membership Agreement means your Specific Membership Terms together with these General Terms.

  4. Minimum Period means the minimum period during which you must acquire the service. The minimum period commences on the Start Date.

  5. Privacy policy means the Hypha Privacy policy which governs how we may process and use any personal information we may collect from you during the course of your membership.

  6. Promotion means any special promotion specific to this Membership Agreement as outlined on page one of the Membership Agreement and in section 5.

  7. Regular Payment Amount means your regular membership fee as set out in page one of this Membership Agreement. 

  8. Special rate means a non-standard membership fee that is charged in accordance with any promotion. This is noted on page one of this Membership Agreement.

  9. Specific Membership Terms means the specific terms setting out the commercial terms of your membership as agreed by the parties and emailed to you upon joining.

  10. Start Date means the date specified on page one of this Membership Agreement whereby the named athlete can begin attending Hypha.

  11. Termination fee means the fee charged when you terminate your Membership Agreement within the Minimum Period.

  12. Transaction fee means the fee charged for processing your member fees. This is included in your Regular Payment Amount unless we attempt to retrieve a payment of your membership fees on the due date and the amount is unable to be processed due to insufficient funds.

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