Inception Gym Membership Terms and Conditions
TERMS & CONDITIONS
Members of the Inception Gym facilities agree to the following Terms and Conditions:
USE OF THE FACILITY:
Day Pass Members only:
Your Day Pass gives you the right to use the Inception Gyms’ (hereafter “Club”) facilities for one 24-hour period only.
Week Pass Members only:
Your Week Pass gives you the right to use the Inception Gyms’ (hereafter “Club”) facilities for a consecutive seven-day period only.
Open Term and Contract Term Memberships only:
Your membership permits you to access the Inception Gyms’ (hereafter “Club”) facilities 24 hours a day, under the terms of your Membership Agreement. Access is gained via scanning the QR code in the Club’s mobile application.
Your Membership does not cover additional costs like supplements, special classes, or personal training, which you must pay for separately.
We will take reasonable care to ensure that facilities are available, but sometimes, demand from other members or circumstances beyond our control, such as equipment under repair, may mean that the equipment you want to use is unavailable. The gym may also be closed due to occurrences beyond our control, such as natural disasters (e.g., fire, flood, earthquake, etc.) or otherwise, see 9. FORCE MAJEURE.
Inception Gym reserves the right to change the Gym services and facilities available. Inception Gym may also close for refurbishment to improve the facilities. If this substantially reduces Inception Gym’s ability to provide service to the Member, Inception Gym will reduce membership fees accordingly on a pro-rata basis.
You are responsible for using the club safely and caring for your health and property. The Accident Compensation Act or other personal insurance covers personal injury by accident in New Zealand.
You acknowledge that if you bring a non-member into the Club during unstaffed hours:
You accept responsibility and liability on their behalf for any injury, loss, damage, or theft attributed to the non-member.
You may be charged for any costs associated with any injury, loss, damage, or theft that occurs due to the unauthorised guest entry.
You will be charged a non-compliance fee of $300 for the unauthorised entry, and your membership may be terminated effective immediately, you will remain liable for all charges related to your contract term under sections 4.1, 7.3 and 9.1.3 of this agreement, your breach will be treated as an early termination of contract without notice, and
You may be prohibited from re-joining/using any Club operating under the Inception Gyms brand.
CONSENT, LIABILITY WAIVER AND INDEMNITY:
You acknowledge that using the club’s premises, facilities, equipment or other services for unsupervised weight training, cardio training or any other form of fitness, strength, flexibility or weight loss training or exercise (hereafter “Training”) involves an inherent risk of injury or even death.
You acknowledge that you are voluntarily participating in any Training, including the associated use of the club’s premises, facilities, equipment, or other services with the knowledge of the risks involved. You hereby assume all responsibility for your use of the premises, facilities, equipment, or other services in respect of the Training.
You warrant that you are not suffering from any condition, disease, incapacity, or other impairment that would prevent you from participating in any Training and have either sought medical advice about your ability to participate in Training or have decided to participate in Training without medical advice. You warrant that the information you have provided to the club regarding your medical condition(s) or other information is correct. You acknowledge that the club has not and will not provide you with medical advice.
You acknowledge that while the club will take practicable steps to reduce the risks and ensure the safety of equipment and facilities used for Training, the club can’t eliminate all risks.
You hereby waive, release and discharge the club, its officers, employees, agents, contractors, assigns and successors from and against all liability for any loss, damage, injury, expense, demand or cause of action that you may suffer concerning personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of your presence in, upon or about the premises as a consequence of your use of the facilities and equipment for Training or otherwise to the maximum extent permitted by New Zealand law.
You acknowledge that you have read this waiver and have been allowed the chance to seek legal advice if you wish and have either sought advice or decided not to seek advice. You acknowledge that you fully understand the terms of this waiver and have electronically read and accepted it voluntarily. You confirm that you are over 18 years old, or, if under 18 years, this waiver has been read and accepted by your legal guardian. You agree that this waiver binds your heirs, next of kin, executors, administrators, and successors.
CLUB RULES AND PROCEDURES:
You must always comply with club rules and procedures while using the facility. These rules and procedures are designed to allow all members to get the maximum benefit from their membership and may change from time to time. Copies of the Gym Rules & Etiquette are available at the front desk and are posted throughout the gym.
You must not carry out any illegal acts on Club premises and you must comply with our health and safety requirements. You must look after your own property, respect staff and other members, and you must not take photographs in the club without the permission of every person in the photograph.
You must not engage in any training inside the club from any Personal Trainer, Fitness Instructor or another person who is not employed or approved by the club. Nor must you provide any Personal Training services to any members unless agreed to by the club.
TERMINATION BY US:
We may terminate your membership immediately if you (or the person you are acting as Guarantor for) carries out any activity which is in violation of New Zealand law, is dangerous to yourself or other people, or if you act in serious breach of club rules & etiquette. If we terminate this agreement because of your actions, we will not be liable to you. If you are still in your contract period, you be liable for all payments as calculated under section 9.1.3.
DAMAGE:
Should you (or the person you are acting as guarantor for) cause any damage to the fitness facilities or to our services that is deemed deliberate or negligent or a direct breach of these terms you will be liable to the club for the cost of repair or replacement.
PRIVACY:
You understand that the Club will keep a photograph of you and/or a record of your personal identification for administration purposes and that there is CCTV and audio recording in the club for security and safety purposes.
You understand that if you do not supply the information the Club needs, your membership may be terminated, and that we will only use your personal information for administration, credit, and marketing purposes in accordance with the Privacy Act 2020.
You understand that although you will not be intentionally filmed without your expressed permission, that your image may appear in any Inception Gyms or Inception Labs marketing material as part of general filming and photographing of the wider gym premises. You acknowledge that you will not receive any compensation for such use.
MEMBERSHIP PAYMENTS:
Your payments will continue until you advise us of your cancellation of this agreement (see “How to Cancel” below). You must continue paying even if you do not use the club. The membership payments must be made by credit card or debit card, which may be processed on or after the date due, but not before. It is your responsibility to make sure that there are sufficient funds available on your chosen card/account. Your card/account will be debited weekly, fortnightly, or monthly, as agreed upon during your registration. Where your regular payment day falls on a public holiday, the funds may be debited on the next business day.
We will never increase your membership during your contract term. At the end of your term, you can cancel or renew at our new rates. If you do not wish to accept that increase, you may cancel your membership (see section 8), but you must inform us before the first direct debit at the new rate (see section 8.) below.
Credit and Debit Card Payments
When payment(s) are missed, the outstanding amount will be retried twice after your payment date, once on the day following the missed payment (Day 2) and then subsequently three days after the first retry (Day 5). If payment is still unsuccessful, your access to the gym will be temporarily blocked; Inception Gym will add a $30 dishonour fee to cover dishonour charges and administration (Day 6).
Following the $30 fee being applied to your account, Inception Gym will send you a message to remind you of your missed payment and to advise you that the dishonour fee is also now owing.
On the day following this contact, a fourth attempt will be made for payment, including the $30 dishonour fee. If this is unsuccessful, Inception Gym Staff will make further reasonable efforts to contact you via email, phone, or text to reprocess the declined payment. A further $30 administration fee will be added to your account at this stage.
On the next working day, Inception Gym will make a final attempt to contact you for full payment of all arrears, administration, and dishonour fees. If this is unsuccessful, your account will be charged a further $50 administration fee to cover Inception Gym costs related to passing your information to our debt collection agency. Our collection agency will be instructed to collect all owing fees, administration, and dishonour fees. You will also be liable for all costs associated with the collection agency. Please note that once passed to the collection agency, the process is out of the hands of Inception Gym, and all correspondence will be made with our debt collection agency.
Direct Debit Payments
When payment(s) are missed, the outstanding amount will be retired within 7 days of the missed payment. If payment is still unsuccessful, your access to the gym will be temporarily blocked; Inception Gym will add a $30 dishonour fee to cover dishonour charges and administration. This will be in addition to any dishonour fees directly charged by your bank.
Following the $30 fee being applied to your account, Inception Gym will send you a message to remind you of your missed payment and to advise you that the dishonour fee is also now owing.
On the day following this contact, another attempt will be made for payment, including the $30 dishonour fee. If this is unsuccessful, Inception Gym Staff will make further reasonable efforts to contact you via email, phone, or text to reprocess the declined payment. A further $30 administration fee will be added to your account at this stage.
On the next working day, Inception Gym will make a final attempt to contact you for full payment of all arrears, administration, and dishonour fees. If this is unsuccessful, your account will be charged a further $50 administration fee to cover Inception Gym costs related to passing your information to our debt collection agency. Our collection agency will be instructed to collect all owing fees, administration, and dishonour fees. You will also be liable for all costs associated with the collection agency. Please note that once passed to the collection agency, the process is out of the hands of Inception Gym, and all correspondence will be made with our debt collection agency.
You will remain liable for all payments throughout your contract term, and any subsequent payments will be added to the owing amount with the collection agency, or a new debt will be lodged.
All costs associated with recovering any missed payments will be added to any amounts due and all reasonable collection agency costs (if any).
We may terminate your membership when two or more payments are overdue, and we will not be liable to you.
Annual payments in advance will not be entitled to any refund if early cancellation of membership is requested during the membership term.
MEMBERSHIP HOLDS/SUSPENSIONS:
Inception Gym understands that from time to time the Member may not be able to train due to holidays, rest periods, or becoming sick or injured. The following terms apply to suspensions:
Memberships can be suspended at any time for a maximum of twice per year, with a two-week (14-day) minimum and eight-week (56-day) maximum time frame. The cumulative suspension in any contractual annual period may not exceed 56 days.
The Member’s account must not be in arrears for their membership to be placed on hold.
Suspensions cannot be backdated.
HOW TO CANCEL YOUR MEMBERSHIP:
Inception Gym understands that your circumstances may change, and you may need to cancel your membership. The following terms apply to cancelling your membership:
You may only cancel your membership with Inception Gyms by visiting one of our locations with photo identification during staffed hours and completing a Membership Cancellation form. Membership cannot be cancelled online or via phone or email.
If you are on an Open Membership, a cancellation notice period of four weeks (28 days) applies. Cancellation will take effect 28 days after we receive a completed Membership Cancellation Form. The final agreed termination date will be stipulated on the Membership Cancellation Form. You will still have access to the Gym facilities during the notice period.
After your initial contract term, a membership cancellation notice period of four weeks (28 days) applies. Cancellation will take effect 28 days after we receive a completed Membership Cancellation Form. The final agreed termination date will be stipulated on the Membership Cancellation Form. You will still have access to the Gym facilities during the notice period. If you wish to cancel before the end of your 12-month term, a cancellation fee will apply equivalent to 50% of the remaining contract value plus 28 days’ notice at total value, plus full retail value for any gift products you received in return for the commitment to a term contract.
You cannot cancel your membership whilst on hold, or while you have outstanding funds owing. Funds owed will continue to accrue, and cancellation will be processed when funds owing are brought up to date.
FORCE MAJEURE:
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
CONDITIONS OF ENTRY:
You agree to the conditions of entry to the gym. Please note that these conditions may change from time to time due to situations outside our control and we will attempt to notify members of any changes via email and/or social media.
I have read and understood these Terms & Conditions and understand that this is a legally binding document. Should I fail to inform Inception Gyms of my request for termination of this agreement, and I terminate it, I accept liability for all costs involved.