Terms & Conditions

I agree to abide by the conditions of the membership as listed below. I realise that failure to abide by these conditions or the Club Rules could result in my membership being cancelled without refund.

Parties To The Agreement
1. The “Club” means the facility with regard to the provision of services as outlined on the front of this agreement, being “Empower Fitness Limited” trading as “Empower Fitness, 26 Totara Street, Taupo, New Zealand which is the organisation providing the service, billing and administration of this agreement.
2. “The Member” means the party signing this membership agreement. All communication relating to this agreement must be forwarded directly to Empower Fitness.
Fees
1. Upon signing this agreement the Member shall pay the fees due for the minimum specified term or, if the membership shall be a continuing one after the initial minimum number of months, then the Member shall pay the periodic fee by the due date until this membership agreement is terminated in accordance with clause 4. Please Note: The Member will continue to pay fees even if the Member ceases to attend the aforementioned Club or purports to terminate their membership before the end of the minimum number of months.
2. Empower Fitness reserves the right to charge fees for administrative services requested by the member in conjunction with this agreement.
Payments
1. The Member authorises payment by the aforementioned arrangement to Empower Fitness. The Member may change their designated payment/instalment details and agrees to notify Empower Fitness in writing and complete a replacement payment authority when required.
Termination Of Membership
1. The Member may only terminate their membership of the aforementioned Club after the expiry of the minimum number of months, and after all fees are paid in full by forwarding two weeks written notice to Empower Fitness.
Refunds
1. No refunds will be given.
2. If overpayment is made, time in lieu may be available at the aforementioned Club.
Default In Payment
1. The Member acknowledges that in the event of three (3) missed or overdue payments within the minimum number of months, the Member authorises that the full outstanding balance (including late payment fees) of the remaining minimum number of months shall be immediately due in full, and the Club and/or Empower Fitness shall be entitled to terminate the membership of the Member forthwith without notice to the Member. The Member authorises payment of the full outstanding balance (including late payment fees) of the remaining minimum number of months under this clause by direct debit from the Member’s bank account as specified in the direct debit authority provided to Empower Fitness.
2. A late payment fee is payable by the Member to the billing agent Empower Fitness, for each payment default. If the Member defaults on three or more payments an additional default fee is payable by the Member to the billing agent Empower Fitness.
3. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Empower Fitness’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
4. In the event that the Member’s payment is dishonoured for any reason the Member shall be liable for any dishonour fees incurred by Empower Fitness.
5. If the Member defaults in payment of any invoice when due, the Member shall indemnify Empower Fitness from and against all costs and disbursements incurred by Empower Fitness in pursuing the debt including legal costs on a solicitor and own client basis and Empower Fitness’s collection agency costs.
6. Without prejudice to any other remedies Empower Fitness may have, if at any time the Member is in breach of any obligation (including those relating to payment) Empower Fitness may suspend or terminate the supply of services to the Member and any of its other obligations under the terms and conditions. Empower Fitness will not be liable to the Member for any loss or damage the Member suffers because Empower Fitness has exercised its rights under this clause.
Administration Fee
1. A one off Administration fee is payable to Empower Fitness by the Member on the signing of this agreement.
Privacy Act 1993
1. The Member authorises Empower Fitness to:
  1. collect, retain and use any information about the Member, for the purpose of assessing the Member’s creditworthiness or marketing products and services to the Member; and
  2. Disclose information about the Member, whether collected by Empower Fitness from the Member directly or obtained by Empower Fitness from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Member.
2. Where the Member is an individual the authorities under clause 8.1 are authorities or consents for the purposes of the Privacy Act 1993.
3. The Member shall have the right to request Empower Fitness for a copy of the information about the Member retained by Empower Fitness and the right to request Empower Fitness to correct any incorrect information about the Member held by Empower Fitness.
Indemnity
1. Empower Fitness and the Club shall not be liable or responsible to the Member for any direct, indirect or consequential injury, loss or damage to the Member, or the property of the Member, whatsoever and howsoever arising.
Entitlement
1. The Member acknowledges that provision of services provided by the Club may change and for the purposes of this agreement is based on “entitlement to use and not on actual use”. The Member agrees to be bound by the rules and conditions of the Club. The Club or Empower Fitness may terminate entitlement of use of the Club by the Member if the Member:
  1. Fails to make payment of any fee on the due date; or
  2. Fails to comply with the rules or conditions of the Club.
Provision Of Service
1. Change of location or ownership of the name of the Club or Empower Fitness does not absolve the Member of responsibilities under the terms and conditions of this contract.
Entire Agreement
1. This Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between the Member, the Club and Empower Fitness relating to the subject matter of this agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
Transfers
1. On relocation transfers are available to members with Empower Fitness membership agreements at participating Empower Fitness Clubs in accordance with the following conditions:
  1. There will be a transfer fee for this service; and
  2. All conditions of this contract will still apply; and
  3. Transfers are at the sole discretion of Empower Fitness or the Club, and will not apply to paid in full membership types.
Membership Freezing (Minimum period one month, maximum period three months)
1. This membership may only be placed on hold once and is at the sole discretion of the Club and Empower Fitness who will also take into consideration any relevant medical conditions upon receipt of a current medical certificate. There will be a monthly fee due and payable in advance for putting the membership on hold.
Increase in Fees
1. The Club or Empower Fitness may at any time after the end of the minimum number of months, upon giving notice sent to the Member’s last known address, increase the fee.
Money Back Guarantee
1. Because the Club and Empower Fitness wishes to ensure any membership is not sold to anyone who regrets their decision, we have provided a “cooling off” period of seven (7) days from the date of signing this agreement. During this period you may cancel your membership by giving notice in writing to the Club or Empower Fitness. The notice need not give any reason for cancellation, and you will only be contacted to verify the genuineness of the cancellation notice. Please note no refund of joining fee or administration fee will be given due to the high cost of administration.