Membership Terms and Conditions
I have read and understood the details of the 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 given to you 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 agreement form entitles me to the number of weekly classes specified on the membership I selected, for the fee specified on the website. I understand that a one off joining fee of $5.00 applies to my first payment.
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 acknowledge that I have read and understood the Studio Rules and the 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.
You agree to join Aerial 3 for the Minimum Period of 3 months (unless you are signing up to a founding membership, in which case there is no Minimum Period). For the whole of that Minimum Period 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.
Your membership entitles you to attend classes that the Aerial 3 instructors deem safe for you to participate in. You are entitled to the number of weekly classes as set out in the agreement form, you may sign up to additional classes at a casual rate, you also may upgrade your membership at any time. 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 agree to pay:
a) any Joining fee, Transfer fee or Lump Sum Fee. A Joining fee covers introductory services provided to you including assessing your training needs and health and safety requirements and direct debit setup costs.
b) a payment in advance covering all Regular Payments which fall due before your direct debit will be activated on a standard payment date
c) further Regular Payments, to be made in advance by direct debit to us from your designated account beginning the day after you sign up. It is a requirement of your membership that you must sign a direct debit form before you first use the Studio or on request from us. You agree to notify us and complete a replacement direct debit form if you change your account.
After the end of the Minimum Period, your Regular Payments will continue, and your contract will renew, for the Minimum Period set out in the agreement form, unless you terminate it. 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 period shown on the agreement form as the end of the Minimum Period, 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.
If this agreement includes a special promotional price it is for a set period of time only. The special promotional price fees start the day that you join the studio through to the date noted on the agreement form that Regular payments start. After the special promotional price period the fees will change to the full rate shown on your contract.
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.
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.
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.
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.
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 join for a Minimum Period of more than 3 months, then you may Pause your membership. If you Pause within the Minimum Period, the length of the Minimum Period will be extended by the length of any Pause taken by you. 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.
If this 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. The special promotional price period will end at the date on the front of this contract no matter how often you have attended or if you have paused your membership during that period.
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 or if you terminate your contract within the Minimum Period.
Termination by you:
Termination during Minimum Period: You have contracted to remain a member for the Minimum Period. The membership fee that you pay reflects your contracted Minimum Period. If you choose to terminate this contract before the end of your Minimum Period you must pay us a termination fee of 50% of the balance of the fees you are contracted to pay us for your full Minimum Term, up to a maximum fee of $350.
We may debit those fees 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.
*Please note: if you are considering terminating because of illness, injury or financial hardship, please talk to us first.
Termination after Minimum Period: You do not have to pay us any termination fee if you terminate after the end of the Minimum Period.
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.
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.