Founding Membership Terms and Conditions

MEMBER DECLARATION

I have read and understood the details of the founding membership and agree to be bound by them. I understand that I am to fill and sign an agreement form before the start of my first class at the studio, and that the details in this Agreement Form are correct. I understand that if I do not provide complete information, my application may be declined. I understand that this membership entitles me to up to two classes a week, as well as unlimited open training session, under the condition that I am deemed able to safely attend these sessions.

I acknowledge and understand that payment for this membership will be processed monthly through ezypay, and that I have read and understood ezypay's terms and conditions.


I acknowledge that it is my responsibility to look after myself while I am in the studio, and I confirm that to the best of my knowledge I do not have any injuries or medical conditions which make it dangerous for me to exercise.

I have read and understood the studio rules and member's waiver


I understand that Aerial 3 will collect my personal information in order to process my membership declaration, account administration and marketing purposes. I have the right to see and ask for correction of any personal information about me.


I understand that this is a legally binding agreement between me and Aerial 3 Limited.


MEMBERSHIP PERIOD


No Minimum Period applies for the A3 founding membership. However once cancelled, the founding membership will not be available anymore. For the whole of the time that you are signed up to the A3 founding membership you will pay the Regular Payment Fees on time, even if you don’t attend the Studio.


Termination conditions are set out in the ‘Termination of this Contract’ clause below. However, you may cancel this contract by advising us in writing within 5 working days after the date it is accepted by Aerial 3. If you cancel within this time, then unless you have paid for them you must return any goods that you have received, and must pay for services provided to you, including any studio usage, classes and personal training sessions you have received, and we will refund any credit balance to you.


MEMBERSHIP ENTITLEMENTS


Your membership entitles you to attend up to two classes weekly that the Aerial 3 instructors deem safe for you to participate in. It also entitles you to unlimited open studio sessions, under the condition that you are deemed able to safely attend these sessions. Unlimited open studio sessions are at no extra cost as long as you hold the membership, or until the 24th of August 2021, whichever comes first. As with all exercise, aerial activity carries an element of risk and you may experience some bruising or friction burn and feel slightly achy for a few days afterwards. Classes and our pre-requisite system has been designed to minimize those risks and with continued practice your body will become conditioned to the movements involved. If during the session you feel excessive pain or discomfort, please notify the instructor immediately.

You are entitle


FEES

You agree to pay regular monthly payments, to be made in advance by direct debit to us from your designated account beginning on the 24th of August 2020. It is a requirement of your membership that you must sign up to a direct debit through ezypay before the 24th of August 2020. You agree to notify us and complete a replacement direct debit form if you change your account.


It is your sole responsibility to make contact with Aerial 3 via your registered email or in person if you wish to cancel your membership.


After the 24th of August 2021, we may increase your regular payment fee. If we do, we will give you at least 4 weeks’ written notice before the increase takes effect.


Aerial 3 will not issue refunds on direct debit or prepaid membership fees.


Your membership does not cover food, drink, the cost of specialist classes, workshops or personal training services.


Instructors and other specialists may operate from Studio premises and provide personal coaching and other services. They are not our employees or agents but operate independent businesses. Where you choose to make use of their services, you must enter into a contract directly with them and pay them separately.


STUDIO RULES


Aerial 3 has a set of rules to enable members to get the most out of their membership and to work out safely. You agree to comply with all current rules for members. If you breach any Studio Rules we may terminate your membership and not let you re-join, and we may seek compensation for any costs you have caused us to incur.


Studio rules may change from time to time. It is your responsibility to check them out – please ask at reception or follow this link.


Some important rules which apply:

a) Do not carry out any offensive or illegal activities on Studio premises

b) You must comply with our health and safety requirements, including those directed to your own health and safety

c) If you carry out any activity which we reasonably consider is illegal, offensive or a danger to you or any other person, we reserve the right to require you to leave the Studio immediately and where we reasonably believe it is a serious breach we may cancel your contract

d) Under no circumstances may you take a photograph of others within Studio premises without their consent.


AGE RESTRICTIONS


Any person under the age of 18 must get approval by an Aerial 3 instructor to join. They will also need a parent or guardian sign the Agreement to join Aerial 3.



OVERDUE PAYMENTS


If your Direct Debit payment hasnʼt been processed. You will be asked nicely to settle your account so you can continue attending classes. An Ezypay failed payment fee of $9.90 applies.


It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit. If any of your direct debits fail, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We can charge you our reasonable administration costs. If your account with us is more than 6 weeks in arrears, we can send it to a collection agency. If we do, you must pay all our reasonable collection costs, including actual legal fees.


SAFE WORKOUT

It is your responsibility to make sure you work out safely at Aerial 3. Consumers have rights under the Fair Trading Act 1986 and Consumer Guarantees Act 1993, but provided we have acted with reasonable care and skill, we will not be liable to you 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.


PAUSING YOUR MEMBERSHIP


If you have been an A3 founding member for a Minimum Period of more than 3 months, then you may Pause your membership. You may Pause your membership up to twice each membership year, for a period not less than 7 days and not longer than 90 days in total Pause time across the Membership Year.

For the purpose of this clause, a membership year commences on the anniversary of the day when you commenced your membership. You are not entitled to accumulate unused Pause entitlements from one membership year to another.


This agreement is for a special promotional price period, if 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. The special promotional price period will end  on the 24th of August 2021 of this contract no matter how often you have attended or if you have paused your membership during that period.


TERMINATION

We will not be obliged to give you any refund of fees paid for your membership up to the end of your notice period if you fail to use your membership.


Termination by you:

How to terminate:

You must give us 5 business days’ written notice of your intention to terminate. We will stop direct debits of your regular fees after the end of that notice period, and refund any pre-paid fees.

Note that once cancelled, you won't be able to obtain a founding membership anymore.

*Please note: if you are considering terminating because of illness, injury or financial hardship, please talk to us first.

Termination by Aerial 3:

At any time, we can terminate your membership immediately by giving you notice in writing, if we reasonably believe you have seriously breached an important term of this contract, including:

(a) if your account with us is more than 4 weeks in arrears;

(b) breaching any Studio rules;

(c) carrying out any illegal, offensive or unsafe activity on Studio premises.


If we do terminate your membership under this clause because of your serious breach of this contract, we are still entitled to recover our costs and losses under this contract.


CHANGES TO THE CONTRACT

We may need to make changes to the Contract from time to time. If we do, we will give you at least 4 weeks’ notice in writing, by email and by posting the changes on our website. Except where we are required by law to make the change, if we reasonably believe that the change may be seriously detrimental to you and you are still within your Minimum Period, we will offer you the right to terminate this Agreement during the notice period.