TERMS AND CONDITIONS OF MEMBERSHIP

1               DEFINITIONS

1.1           In these terms, the following terms apply:

“Access Card” means the method by which access is gained into the Facility.

“Address for Service” means the registered address of J2 Athletic Performance Limited or j2athleticperformace@hotmail.com.

“Application Form” means the document you submitted to us (either in writing or electronically) requesting that we enter into an agreement with you on the conditions set out in these terms.

“Billing Provider” means the billing system J2 uses for collecting any recurring Direct Debit membership payments.

“Direct Debit” means the authorized recurring payment of Membership Fees through the Billing Provider.

“Facility” means the gym located at 38B and C Nelson Street, Pukekohe and includes without limitation, bathroom and changing facilities, showers, and any other facilities located inside the gym that are available to Members of J2.

“I”, “You” means the person(s) whose name(s) and signature(s) and initials appear on these terms and the person who has entered into a J2 membership agreement for the purpose of accessing the Facilities and Services proved by J2. You are responsible for updating your address and contact information.

“J2”, “Us”, “We” means J2 Athletic Performance

Limited.

“J2 Management” means Jarrod Mathew Stevenson and Jared Robert Page.

“Member” means a person who has entered into a J2 membership agreement for the purpose of accessing the Facility and Services provided by J2.

“Membership Agreement" means your Application Form, these terms and any other documents provided to you by J2.

“Membership Fees” means the fees noted in your Membership Agreement or as varied in accordance with clause 3.4.

1.2           In these terms, unless the context otherwise requires:

(a)             References to clauses, sub-clauses and schedule are to clauses, sub-clauses, and schedule of these terms;

(b)             Headings appear for ease of references and do not affect the construction of this Agreement; and

(c)             References to ‘including’ or similar words will include

a reference without limitation.

2               MEMBERSHIP

2.1           Your Membership Agreement has a minimum initial term of one (1) month from the start of the first weekly billing period commencing after your membership start date set out in your Application Form. After your initial term ends, your membership automatically renews on a weekly basis unless terminated in accordance with this Agreement.

2.2           Your membership permits you to enter the Facility and use any equipment and services during the hours set out in your Application Form. Your membership is non-transferable by you unless deemed appropriate by J2 Management. J2 reserves the right to sell memberships to third parties at different rates and terms.

2.3           You may place your membership on hold for up to three (3) months but for no less than one (1) month by providing written notice to J2 Management.

3               FEES

3.1           You agree to pay the Membership Fees and agree to be bound by the Direct Debit terms and conditions as defined by the Billing Provider.

3.2           If a direct debit payment defaults and/or there is a delay in a direct debit deposit payment being debited from your selected payment method, the amounts owing shall accumulate until the arrears are remedied. If the direct debit payments continue to default or if the Billing Provider is unable to access your payment method to make deductions, you will be notified in writing of the default and given fourteen

(14) working days to remedy the arrears.

3.3           Following the period described in clause 3.2, by signing your Application Form, you authorize the Billing Provider or J2 to notify any debt collection or credit reporting agency of the default. You agree to be liable for any and all costs incurred on behalf of J2 as a result of debt collections.

3.4           We may increase the Membership Fee at any time but will provide you with at least one (1) months prior notice advising you of the date in which the fees will increase. Such notice may be emailed to you directly or posted on our website/social media pages.

3.5           If you do not wish to accept an increase in your Membership Fees, you may terminate your membership by providing written notice to J2 Management. If you do not terminate your membership, you are deemed to have accepted the increased Membership Fee and you will be liable to pay the increased membership fee from the date set out in the notice provided.

4               CANCEL – COOLING OFF PERIOD

4.1            Under the Credit Contracts and Consumer Finance Act 2003, you have the right to cancel your membership within five (5) working days of receiving a paper copy of these terms and all other applicable membership information, or within seven (7) working days if you receive this information electronically. Such notice of cancellation must be made in writing to J2 Management. If you cancel during the cooling off period, your Membership with J2 will be cancelled, and you will be refunded the initial Membership Fee or direct debit fees deducted, together with any credit balance left, less the cost of any services provided to you and any reasonable fees (including administration fees).

5.               CANCELLATION, TERMINATION AND REFUND

5.1            J2 reserves the right to terminate a Member’s

privileges in the event of the following:

(a)             A paid upfront membership is not renewed prior to its expiry date.

(b)             A Direct Debit membership is in arrears for any Membership Fees or any additional services provided by J2.

(c)             A Member’s conduct is improper or harmful to the

best interest of J2 and/or its Members.

(d)             You fail to follow any of our membership policies, conditions of entry or J2 rules, or violate any part of these Terms.

(e)             A Member’s conduct directly results in damage,

theft, loss of property, or loss of revenue for J2.

Termination is effective on the date J2 sends written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your Membership Fee, J2 will not refund any unused portion, and you must immediately return your Access Card.

5.2            You may cancel your membership and receive a refund of any unused portion of a pre-paid Membership Fee if you qualify as follows:

(a)         Permanent sickness or physical incapacity: Your disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing.

Upon receipt of written confirmation from your licenced physician, J2 will refund any unused portion of prepaid Membership Fee.

6               MINIMUM AGE

6.1            You acknowledge that generally all members must be a minimum of sixteen (16) years of age. All minors under the age of 16 must have a parent or guardian co-sign the Membership Agreement and acknowledgment of indemnity waiver. The member induction form must be signed by a parent or guardian and the child.

6.2           In exchange for J2 allowing the minor child to use the facilities, you agree to the Assumption of Risk of Injury and Waiver of Claims clause in these Terms on their behalf. You also agree to defend and indemnify J2, its affiliates, or its officers and employees to the fullest extent permitted by law for any claim brought by the minor child against them. You also undertake to pay any financial obligation incurred by the minor for any reason and acknowledge that the banking information on these terms is your account. You understand that any child under the age of sixteen (16) must only use the Facilities when a member of the J2 staff is present.

7               ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS

7.1            You acknowledge that the Facility is from time to time an unsupervised fitness centre and there is possible danger connected with any physical activity, including the dangers of physical injury and death. You assume all risks of injury, and waive all rights to pursue money damages or any other relief of any kind, arising out of:

(a)             your entry into or upon the Facility; or

(b)             your use of any equipment, machinery, or Facilities. On behalf of yourself and your successors and assigns, you agree to indemnify and will hold harmless, its affiliates, and all of their owners, employees, agents, successors and assigns from and against any loss or damage that may be sustained by you or any person entering the Facilities.

8                PHYSICAL CONDITION AND NO MEDICAL ADVICE.

8.1            You confirm that you are in good physical condition and have no medical reason or impairment that would prevent you from your intended use of the Facility. You understand and acknowledge that J2 will not and cannot provide you with any medical advice. If you have any health or medical concerns now or after you join J2, you will discuss them with your doctor before using the Facilities.

9                DISCLOSURE OF YOUR PHYSICAL CONDITION.

9.1            The provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to J2 all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or Facility that J2 provides to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided to you by your by medical or allied health practitioner/s. You further warrant and represent that you will not use the

Facilities, J2 services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.

10             ACCESS CARDS.

10.1          You accept that all members over the age of sixteen

(16) years are required to have a J2 Access Card. This is provided with all membership types and is an integral part of the membership. You understand that Access Cards are sold as a purchased item and become your property, and you agree that there are no refunds provided for access cards when you cancel your Membership. In being provided an Access Card, you agree that:

(a)             Access Cards are not transferable and if you allow your card to be used by another person that this is a serious breach of your Membership Agreement, and will entitle J2 to terminate your Membership Agreement immediately and without notice.

(b)             If your Access Card is lost or stolen you must notify J2 immediately and J2 reserves the right to charge an administration fee for the provision of a replacement Access Card.

(c)             If you do not have your Access Card with you, this will more than likely mean that you will not be able to access the Facility during operating hours, nor should you expect any other Member to let you into the Facility.

(d)             You agree that if you fail to pay your Membership Fees on the due dates for payment, J2 will have the right to terminate your Membership Agreement by giving you written notice of its decision to terminate or at its discretion suspending your membership by deactivating your Access Card until all overdue Membership Fees have been paid.

11             RULES AND ETIQUETTE.

11.1        You agree to follow any rules posted at the Facility, on the J2 website and/or social media or communicated by J2 staff. J2 may, in its sole discretion, modify its rules or policies without notice at any time.

12             DAMAGED, LOST OR STOLEN PROPERTY.

12.1          You understand that J2 and its affiliates are not responsible for any of your personal property that is damaged, lost or stolen while in or around the Facility. You understand and agree that you are liable for all damage you cause to the equipment or physical infrastructure of the Facility and will reimburse J2 for any damage you cause.

13             LIABILITY FOR PROPERTY.

13.1          J2 is not liable to you for any personal property that is damaged, lost or stolen while on or around the Facility including, but not limited to, a vehicle or its contents or any property left in a locker. If you cause any damage to the Facility, you are liable to J2 for its cost of repair or replacement.

14             VIDEO SURVEILLANCE

14.1          For security purposes, J2 uses video surveillance equipment to monitor our Facility on a 24-hour basis. By signing a Membership Agreement, you acknowledge that by accessing our Facility, you will be subject to video surveillance and recording that will be used for security purposes. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas. J2 acknowledges that they will not use any surveillance obtained pursuant to this clause for any purpose other than for the purposes of your Membership Agreement.

15             PHOTOGRAPHY AND FILMING

15.1          For privacy reasons, photography and filming are not allowed anywhere in the Facility without written permission from J2 Management. Members must not take photos or videos of other Members at the Facility without their permission. This includes on any social media platforms.

15.2          J2 holds the right to film and photograph within the Facility for the purpose of promotional material. Should this take place whilst you are in the Facility, you will be notified.

16             CANCELLATION POLICY

16.1          If you are unable to attend your scheduled physiotherapy or physical therapy appointment, we require at least twelve (12) hours’ notice. To cancel your appointment, you must call us on 09 887 8531 or email us at our Address for Service.

16.2          Failure to cancel your scheduled appointment within the timeframe specified, or failing to attend without notice, may result in penalty charges being applied.

RELEASE AND INDEMNITY:

By agreeing to be a J2 Member, I understand that the risk from injury from activities carried out at J2 or any fitness club is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an unsupervised fitness club and assume all risks associated with using exercise equipment in the J2 facility without the aid and supervision of staff members on the premises.

I understand that J2 is a privately owned fitness club and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS J2 AND PROPRIETORS, and their respective owners, officers, managers and affiliates, agents and employees (”Releasees”) WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE

NEGLIGENCE OF THE RELEASES or otherwise, that may arise out of or in connection with my use of the equipment or the Facilities at the premises or any incident that occurs while using the Facilities or engaging in J2 activities, or off the J2 premises or, otherwise related to my J2 membership.

I will keep the Releasees indemnified against all claims, actions, losses and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:

(a)                        The neglect or careless use or misuse by myself or any guest under my control of the Club Facilities or equipment.

(b)                        Any accident or damage to property or persons arising from any occurrence in or near the Club’s

facilities, solely or in part by reason of any act of omission by myself or any guest under my control.

I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into a Membership Agreement.

By signing, I affirm, understand and agree to the Limitation of Liability and the gym Usage, Membership, Terms and Conditions, including the minor members provisions if applicable, agree to the Privacy Policy, understand and agree to the Membership Terms and Conditions. I understand that J2 must respond to its receipt of a written notice within 7 days.