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Terms and Conditions

TERMS & CONDITIONS

  1. USE OF THE GYM
    1. You have the right to use the gym facilities 24 hours a day 7 days a week, as per your membership conditions, and provided you have your access key.
    2. You agree and acknowledge that we will take all reasonable care to ensure that the building is accessible and our facilities offered to you during unmanned hours are available, but sometimes member social events, demand from other members or circumstances beyond our control, such as equipment failure or natural disaster may mean that the gym or equipment you want to use may not be available.
  2. PAYMENT PROCESSING FEES
    1. Your Fused Fitness direct debit membership fees are administered by our billing provider Ezidebit. Ezydebit will appear on your bank statement / credit card statement, debiting your fees on behalf of Fused Fitness. When your weekly membership rolls over all credit card transactions incur a 2.3% fee and bank accounts incur a $1.15 fee charged by Ezidebit - the payment processing facility.
    2. There is a one-off administration, set up fee (once only) up to $5.50.  We do not process or charge these fees - Ezidebit does.  
  3. FAILED PAYMENTS
    1. If you do not pay your full membership fees on the due date, we may suspend your club access immediately until your payments are up to date.
    2. Failed payment fees are $11.50 and charged by Ezidebit - the payment processing facility - we do not process or charge these fees - Ezidebit does - and as such, we are unable to refund any failed payment fees incurred at the time of processing.
    3. All failed payments must be paid by direct debit, credit card or online. You will be notified by our nominated payment provider of a failed payment and either provided with the details of how to pay or advised that a further payment will be deducted by direct debit.
    4. All failed payments must be repaid within 5 business days of the due date or your membership may be terminated.
    5. If you have outstanding debts, we will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make reasonable efforts to contact you and discuss this with you beforehand.
    6. If the details you give us fail, you are liable for all resulting fees.
    7. You understand and acknowledge that if you fail to make payment of your outstanding debts within a reasonable time, we or our payment services provider may use a collection agency for recovery of funds plus reasonable expenses incurred in the recovery of debt.
  4. CLUB RULES & PROCEDURES
    1. Our class cancellation policy is very simple and we believe it is very fair. This policy allows other members to take your spot in a class. If you need to cancel a class for any reason, we understand, but require at least 8-hours notice. To cancel a class please open your Gym Mate App and cancel your booking online. If you book a spot in a class and don't attend, or cancel within 8-hours notice of the class start time, a late penalty / fee of $10 will be applied to your account.
    2. As a member of Fused Fitness you have access anytime to the gym 24 hours 7 days a week with your access key. There is no limit to how often you use the gym. Be sure to look after your access key at all times - There is an access key fee of $30 to replace all lost or damaged keys.
    3. Be a tidy kiwi and put equipment back where it belongs after using it. During busy times in the gym, please share equipment with your fellow Fused Fitness members.
    4. Treat the showers / toilets like your own at home, in a cleansly state. We only provide basic soap, so you may want to bring your own towel, shampoo and conditioner.
    5. Please use a towel for equipment / mats and wipe down with spray / wipes provided.
    6. You must not take videos / photographs in the gym without our permission and the permission of every person in the video / photograph.
    7. From time to time we will use videos / photographs / images at the gym for use in our social media and marketing. You approve the use of these videos / photographs / images in relation to use within our website or social media accounts. We acknowledge that the use of any images will not portray the member in any offensive or inappropriate manner.
  5. GUEST POLICY
    1. If you want to bring a guest along to Fused Fitness, simply let the staff know. Guests are welcome during staffed hours but require permission from the staff beforehand. Please remember that providing access to non-members without notifying the staff will result in a $150 fine and may affect your membership.
    2. Due to liability reasons, children under the age of 18 are not permitted in Fused Fitness without the permission of the club owner. Providing access to children under the age of 18 without notifying the staff will result in a $150 fine and may affect your membership.
  6. TERMINATION BY US
    1. We may terminate your membership immediately if you carry out any activity which is illegal, offensive, dangerous to other people or to you, or if you act in serious breach of the Fused Fitness rules and/or the Terms and Conditions contained herein, or if at any time four or more payments are overdue. If we terminate because of your actions, we will not be liable in any way.
  7. CANCELLATION
    1. You may cancel your membership by informing Fused Fitness in writing, which may be by email. Confirmation emails will be sent within seven (7) days of receiving a cancellation request. Cancellation will take effect 30 days after the date we receive your request.
    2. You can only cancel your membership if all your payments and fees are up to date. If there are outstanding amounts owing you authorise us to deduct the amount owing by direct debit prior to cancellation.
  8. PUTTING YOUR MEMBERSHIP ON HOLD
    1. You are able to suspend your membership for a minimum of one (1) week and for a total of four (4) weeks per year during which time your access pass will also be suspended. Medical holds may be longer by agreement with Fused Fitness and on presentation of a medical certificate or something similar.
    2. There is a one-off admin fee of $20 for each suspension (including medical) that will come out of your account weekly, fortnightly or monthly by direct debit. Suspensions cannot be backdated.
    3. If you use the gym during your suspension period, you acknowledge your membership payments will restart immediately.
    4. Before you request your membership be placed on hold you must ensure that your membership fees are paid up to date and there are no outstanding fees owing to Fused Fitness.
    5. We have the right to refuse a request to put a membership on hold.
    6. At the end of the on hold period your membership will automatically start again, and you must ensure there are sufficient funds in your bank account to meet your fees and payments.
    7. If at any time you fail to maintain the agreed membership payment schedule, and fall into arrears, we reserve the right to place your membership on hold until such time as any outstanding balances have been paid.
  9. PHYSICAL CONDITION
    1. It is your responsibility not to use any equipment or to participate in Fused Fitness classes if they may adversely affect any medical condition.
    2. You hereby represent Fused Fitness and their directors, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of Fused Fitness or its facilities.
    3. If you have any health or medical concerns now or after you join as a member of Fused Fitness, you must discuss them with your doctor before using Fused Fitness or its facilities.
  10. EMERGENCY PROCEDURES
    1. Safety is our main priority. We have an emergency phone. This is on the gyms safety wall, along with a first aid kit and AED should they be needed.
  11. VIDEO AND AUDIO SURVEILLANCE
    1. For security purposes, Fused Fitness uses video and audio surveillance equipment to monitor Fused Fitness on a 24 hours a day 7 days a week basis.
    2. By accepting this Agreement you acknowledge that by accessing Fused Fitness you will be subject to video and audio surveillance and recording.
    3. Video and audio surveillance is limited to inside and outside floor areas only, and is not within the walls of the toilets / showers.
  12. GENERAL
    1. It is your responsibility to use the gym area safely and to take care of your own health.
    2. Fused Fitness is not responsible for any personal property that is damaged, lost, or stolen while on or around Fused Fitness including, but not limited to, a vehicle or its contents or any property left in a locker.
    3. If you cause damage to Fused Fitness or any equipment you are liable to Fused Fitness for its cost of repair or replacement.
    4. The minimum age for joining Fused Fitness is 18 years old.
    5. If any changes are made to these terms and conditions or membership options, we will give you one months notice in writing of any changes (via email / txt).
    6. If you change your mind after joining, you have a 7 day cool off period in which to cancel your membership. Your cool off period starts on the start date indicated in your membership agreement. You must let us know in writing at any time during this 7 day period. Your written cancellation can be given to Fused Fitness personally or by email. If you cancel your membership within the cooling off period, Fused Fitness will charge you any fees for services or products already provided.
New Member Liability Waiver

NEW MEMBER LIABILITY WAIVER

The member desires to use the facilities and equipment of Fused Fitness and in consideration of the opportunity to do so, member agrees as follows:

  1. Member understands that using Fused Fitness's facilities and equipment involves certain inherent risks, including but not limited to the following specific risks:
    1. Use of equipment: Risks associated with using Fused Fitness equipment such as weights, machines and cardiovascular equipment.
    2. Physical activity: Risks associated with participating in physical activities such as classes, training sessions or personal coaching.
    3. Slips and fall accidents: Risks associated with slipping, tripping or falling while in Fused Fitness, including those resulting from spills, wet surfaces or uneven flooring.
    4. Strains and sprains: Risks associated with strains, sprains and overuse injuries from participating in physical activity or using Fused Fitness equipment.
    5. Cardiovascular conditions: Risks associated with engaging in physical activity, including heart attack, stroke and other cardiovascular events.
    6. Musculoskeletal injuries: Risks associated with musculoskeletal injuries such as torn muscles, ligaments or tendons.
    7. Heat stroke: Risks associated with overheating, dehydration or heat stroke resulting from participating in physical activity.
    8. Allergic reactions: Risks associated with allergies or adverse reactions to equipment, products or substances used in Fused Fitness.
  2. Member, for himself/herself and for his/her executors, administrators and assigns, knowingly and voluntarily assumes all risks associated with using Fused Fitness facilities and equipment, including those risks listed above.
  3. Member releases, waivers, discharges and covenants not to sue the gym, its owners, employees, agents and contractors from any liability, claims, demands, causes of action, damages or expenses arising from any injury, harm or death, however caused, to member, whether arising from the negligence of Fused Fitness, its owners, employees, agents, or contractors, or otherwise.
  4. Member agrees to indemnify and hold harmless Fused Fitness, its owners, employees, agents and contractors from any liability, responsibility, or claims for injury or harm that may occur while using Fused Fitness's facilities or equipment.
  5. Member acknowledges that he/she has read, understood and had an opportunity to ask questions about the waiver and that he/she has been given sufficient time to review the waiver before signing.
  6. This new member liability waiver shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators and assigns.

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