1. Start Date is when membership application form (online or hard copy) and the direct debit forms is submitted by client and/or received by Project Physique and end date is 365 days from the start date for 12 month term contracts. End date for open term contracts refer to 5b. 5c. Joining Fees: Includes a $25 establishment/joining fee, except those who choose “Better You” and “The Works” membership plans which are free to join. First payment of your chosen membership plan will be directly debit out of your nominated account 2 days from start date.
2. APPLICATION. Membership application is for Project Physique located at 174 Princes Street,Dunedin, set forth on the application form dated this date (the “Application”) are true, correct and complete. The Application is incorporated by reference and made a part of this Contract.
a. Clients must pay the total fee of the option they have chosen eg, weekly, fortnightly, monthly or yearly. Clients understand that payments will be direct debited through a 3rd party program called “Gocardless” that Project Physique utilises but no way sponsored, affiliated, endorsed or administered by Gocardless. Clients agree to pay their chosen membership payment plan and ensure they have sufficient funds their nominated account to do so. If clients change financial institutions, they have to inform Project Physique as soon as possible by writing all information needed for the replacement automatic withdrawal.
Clients agree to a membership terms of which ever one they have chosen of either one (1) year or the open term contract and acknowledge that the direct debits (payments) will continue for that period unless they terminate their membership as permitted in these terms and conditions or convert to another payment option with the consent of Project Physique pursuant to a new written contract. For Annual Payment: I must pay the Total fees within 2 days upon membership application.
4. TERM. The 12 Month term contract, have a term of twelve (12) months and Open-term contracts start from the date of the Start Date and end if notice of cancellation is given in accordance to 5b. and 5c. By mutual agreement, one type of membership may be converted to another type of membership pursuant to a new contract with Project Physique. The term of these contracts may be extended as follows:
a. If Project Physique temporarily closes for thirty (30) days or less, the term shall be extended for the number of days equal to the number of days that the facility was closed (excluding holidays and any other days the facility is normally closed), at no additional cost clients.
b. The client may extend the term of this Contract, at no additional cost to me, for the number of days equal to the days comprising the duration of my disability, if my disability precludes me from using half (1/3) or more of the spa’s facilities for a period of less than six (6) months and that disability is verified by a physician. To extend the term pursuant to this Paragraph 4b. clients must give timely notice to Project Physique to request the extention.
5. CANCELLATION. The client (or their legal representative) may cancel this Contract without penalty in accordance with the following:
a. Within three (2) business days after signing the membership application (online or hard copy). Upon such cancellation the client will receive a full refund of all monies paid, excluding joining fees.
b. You as the client shall notify Project Physique of cancellation in writing, by delivered mail, email, or by personal delivery to the address specified in this contract; and provide Project Physique with at least two (2) weeks’ notice.
c. Cancellation Fees: Those on the 12 months term contract will have a cancellation fee of 50% of their total twelve months fee. Those on Open term membership will pay fees until cancellation date with minimum 2 weeks notice.
d. If Project Physique goes out of business, there is no guarantee that you will receive any refund of your fees and Project Physique is not liable to refund.
6. FEE GUARANTEE. Membership fees may be modified from time-to-time by Project Physique. However, no membership fee change will be applicable to me during the initial term of these terms and conditions (but may be effective for any renewal periods).
7. DEFAULT/REMEDIES. Project Physique has the right to terminate the membership, to suspend some or all membership privileges, and/or to take other actions permitted by law or in equity if closing of account, insufficient funds or any other action which prevents the direct debit charge for the client’s subscription fee, if applicable, will be a material breach of these terms and conditions. Member agrees to pay reasonable attorney fees, legal expenses, and other lawful collection costs and expenses of collection incurred after a material breach of these terms and conditions.
8. MEMBERSHIP PRIVILEGES: Not all programs, benefits, facilities, equipment, etc. will be available at all times. Membership does not guarantee appointment availability to suit and Project Physique is not liable for missed appointments if members are a no show, do not organise their appointment times in advance or if they do not give at least 24 hours’ notice of unable to attend their appointment then that appointment will be considered a used appointment and Project Physique are not required to reschedule that appointment. Memberships are not assignable or transferable and any attempted transfer or assignment shall be null and void.
9. MEMBER’S RESPONSIBILITY. All treatments at Project Physique is elective and clients choose to receive the therapies. All use of the equipment shall be undertaken at client’s sole risk, and Project Physique and/or its Manager shall not be liable for any harm, injuries or damage to client’s property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of Project Physique and/or its Manager, its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions. It is specifically agreed that Project Physique and/or its Manager shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the spa nor for loss or damage to any other of client’s property, including automobiles and contents. It is also agreed that any damages to Project Physique and/or its Manager, or the spa or its contents, or property or the property of any clients by another client is the sole responsibility of the offending member. The foregoing notwithstanding, neither Project Physique nor its Manager shall be relieved by this Paragraph 11 from liability for its own gross negligence and/or willful misconduct.
10. RULES AND REGULATIONS. I acknowledge that Project Physique and the Spa operates under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by and be bound by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted or published by Rules and regulations Project Physique, in effect from time-to-time, are incorporated into this Contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of Project Physique, and clients are to accept such reasonable changes as a condition of membership.
11. GENERAL PROVISIONS.
a. Clients acknowledge they have inspected the spa and same is in full operation. No promises, representations or warranties have been made to clients by Project Physique or otherwise about the Spa.
b. Clients acknowledge and agree that the joining Fee represents a reasonable charge for initiating membership considering the time and effort required of Project Physique
c. Clients acknowledge that they have been explained that this is a legally binding and enforceable contract and that they have agreed to maintain their membership for the period of time specified.
d. These terms and conditions sets forth the entire agreement between client and Project Physique regarding their membership and any and all prior discussions, agreements, understandings or correspondence are hereby made null and void.
e. These terms and conditions may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and Project Physique.
f. If any term or provision of these terms and conditions is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
The client understand that they are responsible for all reasonable collection fees, court costs and attorney fees associated with any unpaid balances due according these terms and conditions.