UNRULY COMPANY – TERMS AND CONDITIONS

 

Everything you need to know (and a little bit more)

 

1. Let your membership begin

   1. Unruly Company memberships

   2. Our minimum age

   3. Starting your membership

   4. Understanding our rights

   5. Is changing your mind an option?

   6. Your healthy promise?

2. What you need to know as a Unruly Company member

   1. Weekly membership - direct debit payments

   2. Prepaid memberships

   3. Your payment responsibility

   4. What happens if your payment fails?

   5. Can your agreement be changed?

   6. If we increase your fees what happens?

   7. Placing your membership on hold

   8. Your health

3. Ending your membership

   1. Cancelling your membership

   2. Transferring your membership?

   3. Can you cancel if we change the T&C's?

   4. Managing your membership

4. The Studio

   1. Unruly Company studio rules?

   2. Our video security surveillance

   3. Your belongings

   4. First aid

   5. Parking

   6. Breaking the rules

5. 5. The legal stuff you need to know

   1. What are your responsibilities?

   2. Promising to take care

   3. Exclusion of liability for property

   4. Understanding our privacy policy?

   5. Photography and you?

   6. Additional stuff

6. Our timetable

 

1. Let your membership begin

As a Unruly Company member, the use of our studio is in line with these terms and conditions.

 

Unruly Company memberships

Details of all our current membership options are available online at www.unrulycompany.co.nz . 

Our memberships are designed to provide options which can cater for all lifestyles. Our memberships are strictly based on small group training and the facility is not open for use outside of our class timetable with the exception of personal training sessions. Our class timetable is located on our website and is also accessible via your Membership Portal and GymMaster app.

 

Our minimum age

You must be at least 16 years old to become a member independently. Young adults between 14 and 16 can hold an Unruly Company membership but must attend with an adult who also holds an Unruly Company membership. No exceptions apply.

 

Starting your membership

All our memberships are registered via our online portal. Once you have completed the following stages of registration your membership is ready and you can get started:

• complete your online registration

• complete your health questionnaire and medical waiver

• selected your membership type

• provided your bank account/credit card details for Direct Debit Memberships online

• accept these Unruly Company Terms & Conditions of the membership

 

Understanding our rights

If we do not enforce our agreement rights at any time, it does not mean that we have waived those rights, no matter how long we wait.

 

If at any time there has been a miscalculation in your membership fees or a dispute on your membership, both parties have 5 days after the agreement is activated to correct it.

 

Is changing your mind an option?

Our cooling off period is 7 days and you can cancel your agreement at any time during this period.

 

If you choose to cancel during the 7 day cooling off period we will cancel your agreement and refund you any direct debit fees and joining fees that have been deducted.

 

Your healthy promise

On the day that you complete your online membership registration and each time you use our studio, we ask that you promise us that;

• You are in good physical condition;

• You know of no medical reason or other reason why you cannot or should not partake in active or passive exercise.

• you do not come into the studio if you are unwell

 

Do you need to get an expert opinion?

Our team are not medically trained and are not qualified to assess if you are in good physical condition and can exercise without risk to your health, safety, or comfort. If you have any doubts about your health and capability to exercise, we strongly encourage you to see a doctor or get expert advice before starting an exercise program.

 

Disabilities

As a member with a disability you will be able to access the studio, however we may require a letter from a doctor or medical practitioner to confirm that you are able to take part in a regular exercise program.

 

If you need an Assistance Dog, that's not a problem as they are allowed to enter the studio but must be on a lead at all times.

 

Operating under the Covid Protection Framework – "the traffic light system"

We provide a safe studio environment that is completely compliant with the Ministry of Health guidelines for Fitness Industry operations and within the operation guidelines provided by Exercise New Zealand. In order to be operational, this means that when applicable:

• We must site or scan your vaccine passport or exemption, and are entitled to sight accompanying identification. We will not keep a copy of your passport on file, just a confirmation that it has been verified, and an expiry date (6 months from issue) – you can choose to have your passport verified each time instead of having us keep that detail. We are only able to allow fully vaccinated people into the studio

• You must pre-book your classes

• We will be operating with a limited number of people in the studio based on current social distancing regulations

• You will be required to scan in with the contact tracer app or to manually sign in every time you visit the studio

• Hand sanitizer will be provided

• Sharing of equipment will be strictly minimized – we strongly recommend that you have your own boxing gloves and will require you to have your own hand wraps if you are borrowing ours

• If you are unwell or waiting for the results of a Covid test and have been asked to isolate you cannot come to studio

 

1. What you need to know as a Unruly Company member

 

Weekly membership - direct debit payments

We will debit your weekly studio membership fees from your nominated account on the day that you elect to start your membership agreement and you always pay one week in advance.

 

If at any stage of your membership you want to change the day of the week that your payment is deducted you will need to send a request email to hello@UnrulyCompany.co.nz and we will respond to confirm that your request has been accepted and implemented.

 

You can access the studio and classes as soon as you have activated your membership

 

If a payment falls on a public holiday, we will debit your account on the next business day; debits may take up to 3 days to come out of your account; all direct debits are deducted by EzyPay

 

Prepaid memberships

If you chose to buy our prepaid membership you will be required to pay the full amount on the day that you complete the membership activation online.

 

Your payment responsibility

To ensure that your membership runs smoothly you must make sure:

• you have a New Zealand bank account and/or New Zealand credit card/visa debit card. We do not accept payments from overseas credit cards.

• your account can accept direct debits (if unsure check with your financial institution)

• there is enough money in your account on the payment day and the next 3 days;

• you tell us if you are transferring or closing your account at least 24 hours before your next direct debit;

• you have current and up-to-date payment details before your next direct debit.

• all direct debits are paid in advance and must provide the minimum notice required prior to the day of your direct debit before cancelling. If the required notice is not provided you have to pay the direct debit fee for a further weekly period. No refunds will be paid.

 

Querying a payment

If you query a payment, you need to email hello@UnrulyCompany.co.nz and we will respond within 24 hours.

 

What happens if your payment fails?

If you do not fully pay your fees on the due date, a dishonour fee of $7.50 will be applied to your account and billing will be re-tried within 3 days. Studio access may be suspended until your payments are up to date.

 

Paying your 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 all reasonable efforts to let you know beforehand by;

• sending an email to the last email address you provided us;

• phoning you on the last number you provided us with;

• speaking to you at the studio

 

For your membership, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. Your details can be updated online at any time during the period of your membership and you are obligated to complete your minimum term.

 

In the event that you fail to make payment of your outstanding debts, Unruly Company will revert to a collection agency for recovery of funds plus expenses incurred in the recovery of the debt.

 

Our Terms and conditions

Occasionally we might need to add, change or remove clauses in our terms and conditions. The most current version of our terms and conditions are available on our website and apply at any given time. www.unrulycompany.co.nz

 

If at any time we have to close the studio for maintenance, we will provide at least 48 hours notice, unless in the case of an emergency, however we do not reduce your membership fees while this occurs but will always try to minimise the closure times.

 

Notification of changes

We will always give you at least 28 days' notice of any changes. The changes will be notified by:

• Publishing them on our website or social media platforms;

• Placing a notice in the studio;

• Phoning or emailing you to the last phone number / email address we have on file;

 

Cancelling your membership

Memberships can be cancelled after minimum terms are met by emailing hello@UnrulyCompany.co.nz .

 

If we do not fulfil our obligations to you, you may be able to cancel your membership (see our Cancellation clause below), unless the law states otherwise, however you won't have a claim against Unruly Company if for any reason this should happen.

 

If we increase your fees, what happens?

We reserve the right to increase your fees at any time, however we will make a reasonable effort to provide you with at least 28 days' notice prior by sending an email to the address you last gave us and placing a notice in the studio. We will consider that you have received our email on the second business day after it is sent.

 

Authorising us to increase direct debits

In the event that we increase our fees, you authorise us to increase any debits from your nominated account.

 

Prepaid memberships

In respect of a prepaid membership agreement the increase would apply after the minimum period of your agreement has ended.

 

Placing your membership On Hold?

You can place your membership On-Hold for a minimum of 2 weeks (14 days) and a maximum of 6 weeks per any one membership calendar year for a maximum of 4 times.

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All On-Holds must be completed by the member via the GymMaster App in the memberships section or in their member portal on the web via the membership sections.  

​

On Hold extensions

For medical purposes only you can request for an extended On-Hold period for up to a maximum of 12 weeks in any one membership calendar year. At the time of requesting supporting documentation must be provided from a Doctor or a medical practitioner stating you are unable to exercise.

​

Our On-Hold conditions

When requesting your membership to be placed On-Hold the following points apply:

• You must make sure your fees are up to date and there are no membership fee's outstanding.

• You must provide the start and end date of the On Hold, your full name and contact phone number;

• We are not able to backdate an On Hold request;

• Your On Hold request must be received 24 hours prior to the day of your weekly direct debit payment;

• Your On Hold request must not be for any period longer than 6 weeks, unless for medical reasons.

• Your On Hold request will be confirmed by email. If you DO NOT receive an email confirmation please contact us by email at hello@UnrulyCompany.co.nz. Do not assume that we have received your email and that your On Hold request has been activated unless we have confirmed this with you.

 

We reserve the right to refuse any On-Hold requests that extend over the maximum period allowed. If an On-Hold request is refused in full or part you are responsible for all membership fees payable during this period.

 

Your membership will automatically re-activate at the end of an On-Hold period. You must make sure that you have sufficient funds in your account to meet the next direct debit payment.

 

Your first direct debit payment on completion of an On-Hold Period will be calculated on a pro-rata basis.

 

During the period of you On-Hold request, you will not be able to access the studio.

 

On-Hold cancellation

If you want to change or cancel your On-Hold request you must email hello@UnrulyCompany.co.nz by no later than 12pm on the day before the changes are to take effect.

 

Your health

You must complete an online health questionnaire when completing your online signup. You must answer the online health questionnaire honestly and if you have any health or medical concerns now you must discuss them with your doctor before completing your online signup or using any equipment in the club. We may choose to refuse your membership agreement until:

 

• Your doctor agrees in writing that you are fit to exercise;

• You show us proof that you have received medical advice on an appropriate exercise program

• If your medical condition changes after you have joined, you need to let us know by emailing hello@UnrulyCompany.co.nz. 

 

In the best interest of other members and Unruly Company staff you must not use the Studio facilities if you have an infection, contagious condition or physical ailment such as an open cut or sore; there is any other risk, however small to other members, staff and guests.

 

Ending your membership / Cancelling your weekly direct debit membership

 

You can cancel your direct debit membership by sending an email to hello@UnrulyCompany.co.nz. To cancel your membership the following must apply:

• a minimum of four (1) weeks' notice must be provided prior to the cancellation date;

• you must send an email requesting the cancellation to hello@UnrulyCompany.co.nz ;

• we do not accept cancellation requests by phone or in person;

• cancellation requests are only accepted if emailed in English;

• your membership fees must be paid up to date. Any outstanding membership fees will be deducted from your account by direct debit prior to cancellation;

• you will receive an email confirming the cancellation within 24 hours of receipt of your email. If you do not receive a reply please contact hello@UnrulyCompany.co.nz

• if a dispute arises we will request proof of the original email you sent;

• if a direct debit is deducted from your account after a cancellation request has been sent a refund will be paid on receipt of the original cancellation request email;

• a refund of membership fees only will be paid, any other costs incurred by you will not be refunded, including but not limited to bank fees;

 

Prepaid Membership

You can cancel your Prepaid Membership at any time by sending an email to lisa.gombinsky@gmail.com. You are not entitled to receive a refund on any unused portion of your Prepaid Membership.

 

Transferring your membership to another person

We do not allow transfers of direct debit or prepaid memberships.

 

Can you cancel if we change our terms & conditions?

If we change our terms & conditions and they adversely affect you, you can cancel your membership within 2 weeks of the changes.

 

You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it by email to hello@UnrulyCompany.co.nz. If we are unable to remedy the breach we will refund you any membership fees you pay from date of notification to the date of cancellation.

 

Managing your membership?

You can manage your membership online at your convenience. Once you have activated your membership you will have full access to all your membership details via our membership website portal or your GymMaster app

 

•change your personal details

•update your payment details

•book classes online

•book one on one PT sessions online

 

1.4.0 The Studio

 

2.4.1 Unruly Company studio rules

 

We have a few rules that we like all our members to adhere to so that you know why you have chosen to be a member of Unruly Company;

 

4.2

 

We strive to provide you with a clean and tidy facility at all times but we ask that you help us take care of the facilities

 

•leave the studio as you find it... in a clean and tidy state;

 

we love the equipment we use at the studio and so we ask that you respect the equipment by not dropping the weights or kettlebells on the floor;

 

•For everyone's safety please do not throw the weights or kettlebells in the studio;

 

•protect the boxing bags by not kicking the bags they are for punching only;

 

•keep good hygiene, we ask you to use a clean towel on the exercise mats;

 

•be courteous to other members on time spent on each machine

 

•you must not use the equipment or facility under the influence of alcohol or drugs;

 

•as a courtesy to other members please limit your time in the bathroom to an absolute maximum of 5 minutes; so that we are water wise, showers are limited to a maximum of 2 minutes;

 

•for safety and hygiene reasons do not stand on the toilet seats and always close the lid of the toilet after flushing;if need please clean the toilet after use with the toilet brush provided;

 

•do not block drains with towels or any other objects and ladies please use the sanitary bins provided and do not place any objects down the toilet;

 

•make sure the bathroom is clean after you have used it;

 

•do not bring any valuables into the studio;

 

•wear comfy clothes suitable to exercise in, and without have offensive images, language or inappropriate advertising on them;

 

•you can wear exercise shoes or be barefoot -- but we do not allow work boots or work shoes. Please make sure your shoes are clean before entering the studio;

 

•clothing must cover all personal anatomy and be of a suitable style as not to cause offense, regardless of personal tastes;

 

•Please ensure that your personal hygiene is of the highest standard and does not cause offense to another member;

 

•always be friendly and respectful to other members and staff. We don't accept bad or inappropriate behaviour towards other members and we do not tolerate any verbal or physical intimidation, harassment or discrimination on the basis of sex, race, age or disability;

 

Our video security surveillance

 

We use video surveillance equipment to monitor the studio. Cameras are located inside and outside of the studio except in the bathroom.

 

As a member you acknowledge that you will be subject to being recorded by our video surveillance equipment.

 

4.3 Your belongings

 

We provide open lockers you can use while you exercise but these are not security lockers, so we ask that you do not bring any valuables into the studio.

 

Unfortunately, thefts can happen but we do not accept any responsibility for any loss or damage to your belongings while you are at the studio or any belongings you leave in your car which is parked in a Unruly Company or public parking space.

 

If you do forget to pick up your belongings from the open locker, we will remove it and pace into lost property and you can collect the next time you come into the studio or email us on lisa.gombinsky@gmail.com or give us a call. We will always hold onto lost property for at least one month.

 

4.4 First Aid

 

We have an AED (Automated External Defibrillator) and First Aid Kit for your use within the studio and they are located in the reception area.

 

All Unruly Company staff are trained in first aid.

 

4.5 Parking

 

We have three free carparks located directly outside of the studio for your use as a member.

 

You park in the studio's carparks at your own risk and we are not liable for any loss or damage to your vehicle or its contents.

 

4.6 Breaking the rules

 

We can refuse entry or can request that members or staff leave if they act unreasonably or break the studio rules or guidelines or terms and conditions of membership.

 

If anyone including members are requested to leave, they must do so immediately. They do not have the right to refuse our request to leave the club and if required we will call security or the police to assist us in removing them from the club. These actions are taken in the best interest and safety of other members and staff. We also may warn you that you risk having your membership cancelled.

 

Instant cancellation

 

If we feel we need to we can cancel your membership without warning if you behave in a way that is seriously inappropriate or considered to cause risk, such as;

 

5. 5.1

 

•Threatening or harassing other members, guests, or staff

 

•Damaging equipment

 

•Using illegal or performance enhancing drugs

 

•Instructing others when we have not authorised you to do so

 

•Under the influence of alcohol or drugs

 

•Inappropriate language and behaviour of a sexual nature

 

The legal stuff you need to know What are your responsibilities?

 

Your responsibilities, including payment of membership fees, do not depend on how often you use the studio.

 

You must always tell us about anything that affects your membership and any changes to your personal details by advising us in writing by email to lisa.gombinsky@gmail.com

 

Any cmmunication about your membership whether written or verbal must be in English.

 

5.2 Promising to take care

 

You promise to;

 

5.3

 

•Make sure that you know how to exercise safely, by asking if necessary

 

•use your best endeavours to exercise safely

 

•not take valuables into the club

 

Exclusion of liability for property

 

We are not liable to you or any personal property that you have lost or had stolen or damaged while in or around the club including your vehicle and contents or any property left in the open lockers unless it has been due to the actions of a Unruly Company staff member.

 

You are liable for all costs of repair or replacement, if you cause any deliberate damage to the studio or equipment by way of actions of negligence or malice.

 

5.4 Understanding our privacy policy

 

During your membership we will have access to personal information about you, such as your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.

 

We do not store or have access to your personal bank account or credit card details. All bank account and credit card details are stored securely with our third party direct debit provider Ezidebit.

 

5.5 Photography and you

 

We sometimes film or photograph the studio, so it is possible you will appear in the background but we will not do this without your permission. If you agree by signing and authorising a Photography Release, you allow us to use your image in promotional and other business-related material.

 

5.6 Additional stuff

 

Signing up for extra services

 

Studios do offer extra services, such as personal training. These are not part of your membership agreement and they will involve separate fees and terms and conditions. Please make sure you read them.

 

Paying GST

 

All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

 

Applicable Law

 

Your agreement is subject to New Zealand law.

 

If a court decides that any section of the agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

 

6. Our timetable

 

Our timetable of classes is subject to change, however we will always provide a minimum of 7 days' notice prior to any changes being implemented. The latest class timetable is available on our website www.UnrulyCompany.co.nz. 

 

7. Member Signature

 

Your signature means that you have read and accepted these terms and conditions