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Terms and Conditions

Terms and Conditions for 312 Fortitude Membership

Introduction
Welcome to 312 Fortitude! By signing up for a membership, you agree to abide by the following Terms and Conditions. These terms are designed to ensure a safe, respectful, and enjoyable environment for all members. If you do not agree to these Terms and Conditions, please refrain from using our services.

Membership Eligibility

  1. Age: There is no minimum age for membership, but individuals under 18 must have parental or guardian consent to participate in our programs.
  2. Types of Membership: Membership options include unlimited sessions, part-time access, casual passes, and trial memberships. Each option has different fees and access rights, which are specified at the time of sign-up.

Membership Fees and Payments

  1. Payment: Membership fees are prorated based on the date of joining and are due monthly or annually, depending on your chosen plan.
  2. Changes to Membership: Members will be notified of any changes to membership terms or fees at least 7 days before their current membership cycle expires.
  3. Late Payments: Services are not automatically suspended for late payments, but consistent non-payment may result in the termination of membership.
  4. Cancellation: Members may cancel their membership at any time. However, cancellations must be requested at least 7 days before the next billing cycle to avoid additional charges.

Use of Facilities

  1. Respect for Equipment: Members are expected to treat gym equipment with care and return all gear to its designated place after use. Any damage to equipment beyond reasonable wear and tear may result in fees.
  2. Cleanliness: Members are encouraged to maintain cleanliness in the gym by wiping down equipment after use and cleaning up personal belongings. Pet owners are responsible for cleaning up after their pets.
  3. 24-Hour Access: Members who opt for 24-hour access must adhere to gym rules and respect the shared space. Misuse of the gym outside of staffed hours may result in termination of 24-hour access privileges.

Health and Safety

  1. Inclusive Environment: 312 Fortitude is an inclusive gym that welcomes individuals of all abilities and fitness levels. Our workouts are scalable to meet each member's needs.
  2. Medical Conditions: Members should inform coaches of any medical conditions, injuries, or physical limitations prior to participating in activities. Coaches will provide appropriate modifications when necessary.
  3. Personal Responsibility: Members participate in physical activities at their own risk. It is recommended that members consult with a healthcare provider before beginning a new exercise routine if they have any concerns.

Media Consent
By participating in 312 Fortitude activities, members grant permission to use any photographs or video footage taken of them for marketing, promotional, or media purposes. Members who do not wish to appear in such materials must notify the gym in writing.

Liability Waiver
By joining 312 Fortitude, members acknowledge that physical activities carry inherent risks of injury. Members agree to assume all responsibility for these risks and release 312 Fortitude, its owners, staff, and affiliates from any liability for injury, illness, or property damage that may occur on the premises. Members also agree to inform coaches of any pre-existing medical conditions or injuries before participating in workouts.

For minors, a parent or guardian must sign a separate waiver acknowledging these risks and releasing 312 Fortitude from liability on behalf of the child.

Termination of Membership

  1. Member-Initiated Termination: Members may terminate their membership at any time. However, cancellations must be requested at least 7 days before the next billing cycle.
  2. Gym-Initiated Termination: 312 Fortitude reserves the right to terminate or suspend memberships for any reason, including but not limited to, failure to comply with these Terms and Conditions, disruptive behavior, or damage to equipment.

Amendments to Terms and Conditions
312 Fortitude reserves the right to modify these Terms and Conditions at any time. Changes will be communicated via email and will take effect after a 7-day notice period. Continued use of our services following any changes constitutes acceptance of the revised terms.

Contact Information
For any questions or concerns about these Terms and Conditions, please contact us at 312fortitude@gmail.com.

New Member Liability Waiver

Waiver for 312 Fortitude

Liability Waiver

While every reasonable precaution is taken to ensure a safe training environment, members acknowledge that participation in physical activity carries inherent risks, including but not limited to injury, illness, death, or property damage arising from physical exertion, equipment use, or facility conditions.

By participating in any activities at 312 Fortitude, members voluntarily assume full responsibility for these risks and agree to waive, release, and discharge 312 Fortitude, its owners, staff, contractors, and affiliates from any and all claims, demands, or causes of action arising from participation in gym activities or use of the premises, including claims arising from negligence.


Minors and Parental Consent

Members under the age of 18 may only participate in activities at 312 Fortitude with the written consent of a parent or legal guardian.

By signing this waiver on behalf of a minor, the parent or guardian acknowledges and assumes all risks associated with the minor’s participation and agrees to release, indemnify, and hold harmless 312 Fortitude from any claims, including those arising from negligence, related to the minor’s participation in gym activities.


Medical Release

Members, and parents or guardians of minors, agree to disclose any relevant medical conditions, injuries, or limitations to 312 Fortitude staff prior to participation.

Members confirm that they are medically fit to engage in physical activity and acknowledge that they are responsible for seeking medical advice where necessary before participating in gym activities.


Assumption of Risk

Members acknowledge that physical training, fitness classes, open gym use, and the use of gym equipment involve inherent risks, including but not limited to slips, falls, sprains, strains, muscle tears, cardiovascular events, and other serious injuries.

By signing this waiver, members and their guardians knowingly and voluntarily assume all such risks.


Waiver of Liability

312 Fortitude, its owners, staff, and affiliates shall not be held liable for any personal injury, illness, death, or property damage sustained during participation in gym activities or while on the premises.

By signing this waiver, members and their guardians release and discharge 312 Fortitude from any and all liability, claims, or causes of action of any kind, whether known or unknown, including claims arising from negligence.


24-Hour Access & Unsupervised Training

Members granted 24-hour access acknowledge and agree that access may occur outside of staffed hours and that training during these times is unsupervised. Members understand that no staff will be present to provide instruction, supervision, or immediate emergency assistance during unstaffed hours.

By using the gym during unstaffed hours, members voluntarily assume all risks associated with unsupervised or solo training, including but not limited to injury, illness, equipment failure, or medical emergencies.

Members agree that:

  • They will exercise within their own physical limits
  • They will not attempt lifts or movements beyond their capability or without appropriate safety measures
  • They will carry a mobile phone or means of communication at all times
  • They will follow all posted safety rules, gym guidelines, and access policies

Members acknowledge that security cameras are installed for safety and monitoring purposes only and do not constitute supervision or emergency response.

Access credentials (including keycodes or electronic access systems) are personal and non-transferable. Members agree not to share access with any other person. Breach of this condition may result in immediate suspension or termination of 24-hour access without refund.

312 Fortitude is not responsible for any injury, illness, death, or property damage occurring during unstaffed hours or while members are training alone.


Scope of Waiver

This waiver applies to all participation at 312 Fortitude, including but not limited to:

  • Group classes
  • Open gym
  • 24-hour access use
  • Staffed and unstaffed hours


Governing Law

These Terms and Conditions and this waiver shall be governed by and construed in accordance with the laws of New Zealand.


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