Terms & Conditions

1. MEMBERSHIP PERIOD

1.1 I agree to join ASAP for the minimum period on the application form. I will pay the membership payment on time, even if I don’t attend ASAP.



2. MEMBERSHIP ENTITLEMENTS

2.1 The membership entitles the member to access both ASAP gyms and classes stated on the application form.

2.2 The membership fee does not cover any additional cost, such as food, drink, specialist classes or personal training services.

2.3 There is no guarantee that the equipment, timetable or classes will always be available.



3. FEES

3.1 I agree to pay any joining fee, transfer fee or lump sum Fee as set out on the application form.

3.2 I agree to pay a payment in advance covering all regular payments which fall due before the direct debit will be activated on a standard payment date.

3.3 I agree to pay further regular payments, to be made in advance by direct debit to ASAP from the designated account beginning on the date specified in the application form.

3.4 I agree to notify ASAP and complete a replacement direct debit form if I change the account. After the end of the minimum period, the regular payments will continue.



4. ASAP CLUB RULES

4.1 I agree to comply with all current rules for members.

4.2 I must not carry out any illegal acts on ASAP premises,

4.3 I must comply with our health and safety requirements, including those directed to my own health and safety.

4.4 If a member carries out any activity which is considered as offensive or a danger to ASAP or any other person, ASAP reserve the right to require the member to leave the ASAP immediately.



5. SUSPENDING MEMBERSHIP

5.1 If a member joins for a minimum period longer than 6 months, then during the minimum period the member may suspend the membership without further cost.

5.2 A member may suspend the membership once each membership year for a period of 2 weeks to 4 weeks.

5.3 The length of the minimum period will be extended by the actual period of the suspension taken by the member.

5.4 A membership year commences on the anniversary of the day when the member commenced the ASAP membership. I am not entitled to accumulate unused suspension entitlements from one membership year to another.

5.5 I must always give ASAP one week's written notice of my intention to suspend my membership.



6. TRANSFERRING MEMBERSHIP

6.1 The membership may not be transferred to any other person if the minimum period is less than 12 months.

6.2 If the minimum period of a membership is 12 months or more, it may be transferred to a nominated person with a $49.95 transfer fee.

6.3 A membership may only be transferred once.

6.4 The member must notify the membership transfer in writing to ASAP team.

6.5 The nominated person must complete a new membership application and a direct debit form to complete the membership transfer to be a new member.

6.6 The new member must carry out the same membership type or upgrade the membership.

6.7 The old member is still liable to all unpaid membership payments until the membership is fully transferred to the new member.



7. CHANGING MEMBERSHIP PLAN

During the minimum period:

7.1 It is free to upgrade to any membership plan. A new membership application and direct debit form must be completed.

7.2 To downgrade a membership plan, ASAP may charge the member a $49.95 change of membership fee.

7.3 The minimum period of the new membership plan must be the same length as or longer than the original membership plan. The minimum period starts on the date of the new membership application.

After the minimum period:

7.4 It is free to change to any membership plan once per membership year. A membership year commences on the anniversary of the day when the member commenced the ASAP membership.

7.5 A new membership application and direct debit form must be completed.



8. TERMINATION OF THIS CONTRACT

Termination by a member:

8.1 Termination during minimum period, I agree to pay 33% of unpaid balance of the payment for the minimum period.

8.2 After the minimum period, there is no termination fee to pay unless there is any unpaid balance.

8.3 The member must notify the termination of membership in writing to ASAP team 4 weeks in advance. ASAP may accept termination application and stop the direct debit charge after the end of notice period.

Termination by ASAP:

8.4 At any time, ASAP may terminate the membership of a member immediately by giving a notice in any form, in the circumstances of the member breaching any important terms of this contract, including:

8.4.1 failing to pay any fee on due date; or

8.4.2 breaching any ASAP rules; or

8.4.3 carrying out any illegal, offensive or unsafe activity on ASAP premises; or

8.4.4 breaching any important terms of this contract

8.5 ASAP is still entitled to recover any costs and losses caused by the member under this contract.



9. OVERDUE PAYMENTS

9.1 It is the member’s responsibility to keep the account in funds and to pay all required fees, including any fees which the bank charges if the account is overdrawn because of the direct debit.

9.2 If any of the direct debits fail, ASAP will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. ASAP can charge any reasonable administration costs.

9.3 If a member’s account with ASAP is more than 4 weeks in arrears, ASAP can send it to a collection agency. The member must pay all reasonable collection costs, including actual legal fees.



10. LIABILITY

The member has rights under the Consumer Guarantees Act 1993. Other than those rights and the rights given to the member under this contract:

10.1 provided ASAP act with reasonable care and skill, ASAP will not be liable to the member for any direct, indirect or consequential loss or damage or injury of any kind to the member or the member’s property, however it arises. Compensation for personal injury by accident in New Zealand is covered by The Accident Compensation Act 2001;

10.2 ASAP will not be obliged to give the member any refund if the member fail to use the membership or if the member terminates the contract within the Minimum Period.



11.CHANGES TO THIS CONTRACT

11.1 ASAP may need to make changes to this Contract from time to time. ASAP will give the member one month's notice in writing, by email and by posting the changes on our website.



12. ACKNOWLEDGMENT

12.1 I acknowledge that I have read the above terms and conditions and agree to them.