GYM MEMBERSHIP TERMS AND CONDITIONS
Fixed or flexible: Choosing your contract
When you join AUT Millennium Gym, you sign a legally binding membership contract By agreeing to these terms and conditions you are committing to a minimum term (30days, one year or two years), and to pay fees for the minimum period you select. You can chose to pay up front for the entire term or set up a regular payment through direct debit or credit card. You must set up a regular payment before we commence your membership. If you want to end your membership after the minimum term has ended, you’ll need to notify us in writing.
Flexi contracts: The minimum term for all flexi contracts is 30 days after the first month you joined.
Fixed term contracts: You are agreeing to pay the offered rate on a regular basis for either a one year or two year contract. Once that’s over, you can cancel your contract – as long as you give us notice in writing. If you request a hold on your membership during the minimum term, this will extend the term further.
The easy way to pay: Direct Debit contracts
Unless you choose a lump sum payment option, all flexi and fixed term contracts need to be paid by direct debit or regular credit card payment. You can pay monthly or fortnightly.
Fees are paid in advance on set billing dates – monthly fees are due on the 20th of each month, while fortnightly fees are due every second Thursday of the month.
When you agree to our Terms and Conditions, you’re confirming the account details given to AUT Millennium are correct and that you’re authorised to use that account. That means, you’re either the account holder or you have authorisation to charge fees to the account, with the knowledge and consent of the holder.
If any payments are missed, you will not be able to access Gym facilities until you visit and pay what’s owing. If you don’t pay before the next due date, you’ll end up with two payments being charged – the overdue amount and next regular fee in advance. You must notify us of any changes to your bank details that may affect your payment to prevent any missed payments on your membership.
Failing to pay outstanding fees could mean you end up with an excessive amount owing. In that case, you can either arrange a payment plan or you could have your contract terminated with your details sent to a collection agency. If this happens, you will also be charged reasonable collection costs and solicitors fees. If your account in overdue by eight weeks or more, AUT Millennium have the right to cancel your membership immediately.
Taking a break: Temporary membership suspension
You are entitled to place your membership on hold for a maximum of 90 days per calendar year. This means you won’t be able to access the gym – but you also won’t be charged fees for that time.
The minimum term you can suspend your membership for is 30 days per time. You’ll need to make your request in writing and pay a $10 admin fee to activate the request. If you’re paying membership fees by direct debit, remember that your fees are due in advance, so you may have a fee charged for any future days unpaid. Once your suspension is over, your membership will automatically activate on the return date.
Remember that a suspended membership is not cancelling on flexible contracts. If you do decide to cancel during your suspension dates, you will need to reactivate your membership in order to cancel. As usual, you will need to apply in writing and give 30 days’ notice.
If you have chosen a lump sum membership, your expiry date will change if you apply for a suspension, so you don’t end up losing any days.
Saying goodbye: Cancellation
If you finish your minimum contract and want to leave, you can cancel your contract. You’ll need to give us at least 30 days notice in writing.
Cancellation starts from the date you notify us, not the date your minimum term ends. The final fees charged will be your membership fees up to the date of cancellation.
Taking a break: Temporary membership suspension
If you wish to transfer the remaining term of your fixed term contract you are responsible for finding someone to take over the term. A $120 transfer fee will apply. Notice must be given by you in writing, and the other party must set up Direct Debit or Credit Card payment at the time of transfer.
Keeping in touch: Email communication and changing terms
AUT Millennium Gym sends regular email updates to members. These include relevant information about the facilities, public holidays, closures, or events that could disrupt attendance.
Occasionally, our emails may also include changes to membership conditions including fee changes. If fees do change, we will give you at least one month’s notice in writing, by email and on our website. This time gives you a chance to cancel your membership if you choose to.
If you choose to opt out of email communications, you risk missing essential updates, and AUT Millennium Gym is not responsible for any information you do not see or are unaware of. Emails are subject to the Unsolicited Electronic Messages Act 2007.
Under 18? You’ll need to come see us in person
If you’re under 18 and want to sign up, you’ll need to apply at reception, not online. You’ll also need to get a parent or guardian to sign the consent form below before your membership can start.
Facility Rules/Code of Conduct
You agree to be bound by our gym Code of Conduct which can be found at gym reception and around the gym. We ask that you are respectful of other gym users and our gym space. You must uphold our health and safety standards. If you are deemed to be in breach of our code of conduct or health and safety standards we have the right to terminate your membership and issue a refund for any time owing. You must not carry out any illegal acts on the premises, engage in any solicitation of our members, aide unauthorised entry to the gym of another person or personal train any members. You must wear appropriate gym attire including closed shoes, swipe your membership card each time you access the gym and adhere to instruction from the gym staff.
By agreeing to the terms in this agreement you are declaring that you are medically fit and able to exercise. If you have any medical or health conditions, including injuries that may impact your ability to exercise you must advise the gym team so we can help you work out safely. You are responsible for notifying us of any change in health condition that may impact your ability to exercise. If you are unsure of your ability to exercise please speak to our gym team before commencing any exercise in the gym.
Aquatic Membership Terms and Conditions
1. PARTIES TO THIS CONTRACT
This contract is between the Applicant (“you” or “the member”) and AUT Millennium Ownership Trust (referred to as “AUTM”, “we” or “our”)
2. MEMBERSHIP PERIOD
You agree that you will join our centre for the minimum Period as specified in the Membership Agreement, subject to the member’s right to suspend the membership. During the whole of that time you will pay Regular Payment Fees. The Regular Payment Fees are set out in our Fee Schedule (as amended from time to time).
For upfront memberships, a one-off payment is required up front for the period you have agreed to which will be non-refundable and it will be your responsibility to contact us if you need to place your membership on hold at any time.
3. AQUATIC CENTRE MEMBERSHIP ENTITLEMENTS
Your membership entitles you to make full use of centre aquatic facilities on a first come first served basis. Included in your membership is use of the AUT Millennium’s two 50M Olympic Pools (subject to availability when major events are scheduled), and aquatic group fitness classes.
Any additional services such as swimming lessons, have an additional cost. At times the National Aquatic Centre will be hosting events. During this time there will be no swimming available for the public or members. Members will be given adequate notice of these events.
Personal Trainers and other specialists may operate from centre premises. They are not employees or agents of ours, but operate as independent businesses. Where you choose to make use of their services, you enter into a contract directly with them, and pay them separately. You agree that AUTM has no liability for any acts or omissions of any personal trainer you engaged, whether that personal trainer was recommended by AUTM or not.
4. DIRECT DEBIT MEMBERSHIPS
You agree to pay:
a) A payment in advance covering all Membership Regular Payments which fall due before your direct debit can be activated. This payment will be adjusted on a pro rata basis to bring your membership up to standard payments date;
b) Further Regular Payments, to be made in advance by direct debit to us from your designated bank account beginning on the date specified in the Membership Agreement. You must sign a direct debit form before we will accept this contract. You agree to notify us and complete a replacement direct debit form if you change your bank account. After the end of the Minimum Period, your Regular Payments will continue until you advise us otherwise with 14 days notice in writing. Members can give notice 14 days before the Minimum Period expiry date, so that their membership will terminate when the Minimum Period expires.
We undertake not to increase the Regular Payment Fee during the Minimum Period. If we increase the Regular Payment Fee after the end of the Minimum Period, we will give you two months notice in writing. This two month notice period allows the member reasonable time to consider the fee change and then give 14 days notice of termination under Clause 8.
5. FACILITY RULES
You agree to be bound by our rules and Code of Conduct. We may amend our rules and/or Code of Conduct from time to time at our discretion. The member may terminate the contract without penalty if AUTM changes the Code of Conduct. You must not carry out any illegal acts on centre premises and you must comply with our health and safety requirements, including those directed to your own health and safety. If you carry out any activity which we consider is offensive or a danger to you or any person, we reserve the right to require you to leave the centre immediately and AUTM is entitled to cancel your agreement with us.
6. SUSPENSION OF MEMBERSHIP
You are entitled to suspend your membership for a total of 90 days per calendar year. You may suspend for a minimum of 7 days per suspension. A suspended membership is not deemed to be part of a termination/notice period. If you are on a fixed term contract suspended days will be added to the end of your contract.
Flexible memberships are not transferrable.
Fixed term memberships are transferrable for a nominal fee of $120. If the Membership Agreement has special terms the new contract holder must also meet these terms.
8. TERMINATION OF THIS AGREEMENT
AUTM may at its sole discretion, terminate this agreement and your entitlement to use our facility if you:
a) Fail to comply with our “Code of Conduct”.
b) Fail to make a payment to us when due
c) Assist any unauthorised person with entry into our facility.
d) Fail to comply with any instruction from AUT Millennium staff.
AUTM may, at its sole discretion, without giving any reason suspend and/or terminate your membership and ban you from its facilities.
Flexible memberships: After the end of the Minimum Period you can terminate this contract without penalty. It is your responsibility to provide us 14 days notice in writing of your intention to terminate. Termination is effective once you receive confirmation from AUTM. A membership must be “active” (i.e. not on suspension) for the 14 days notice to be valid. We will be entitled to continue to regularly debit your fees on the agreed basis until we receive your written notice.
Fixed Term memberships: You must complete the agreed membership Period outlined in your Membership Agreement. If you wish to cancel before the term ends you must pay the fees for remainder of the contract term.
Up Front Memberships: After the end of the minimum period, you are not required to give notice to cancel as your membership will expire. You may receive a reminder about renewal.
9. EMAIL COMMUNICATION
You agree to allow AUTM to send you relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.
10. OVERDUE PAYMENTS
It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit.
If any of your direct debits fail, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We may charge you our reasonable administration costs. If your account with us is more than 4 weeks in arrears, we reserve the right to terminate your membership. In the event you are still within a minimum period, you will remain liable for the payments until the end of that period. If the payments are not made we can send it to a collection agency. If we so, you must pay all reasonable collection costs including actual solicitor’s fees.
11. OUR LIABILITY TO YOU
You have rights under the Consumer Guarantees Act 1993. Subject to those rights you agree that:
a) We will not be liable for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property whatsoever and howsoever arising.
b) We will not be obliged to give your any refund if you fail to use your membership or if you terminate your contract within the Minimum period for any reason.
You agree that:
a) You have been advised to consult a doctor before using any of the centre facilities and will follow any instructions or advice given by them;
b) You do not suffer from any physical, medical or mental condition that may be aggravated by your use of the centre facilities;
c) You consent to receive medical treatment in the case of illness or injury connected with your use of the centre facilities, and that AUTM will not be liable for any claims or expenses howsoever in respect of that treatment or treatment thereafter.
13. PERSONAL INFORMATION
You authorise AUTM to collect, retain and use personal information about you for the purpose of providing services to you, assessing your creditworthiness, statistical analysis, enforcement of any legal or other rights the AUTM may have against you in any manner it sees fit and, subject to the Unsolicited Electronic Messages Act 2007 sending you any advertising promotional material about AUTM and to enable AUTM to communicate with you for any purpose.
You have the right under the Privacy Act 1993 to obtain access to and request correction to any personal information concerning you held by AUTM.
14. VARIATION OF TERMS AND CONDITIONS
AUTM reserves the right to vary these terms and conditions. Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by posting to the member’s last known address or notices at AUTM ’s facility.