Membership T&C's

 

1.         Definitions

  1. Access Pass means your membership card allowing you to enter the Club.
  2. Access Pass Fee means the Access Pass Fee specified on the website.
  3. Agreement means the Online Membership Agreement made between you and Jetts.
  4. Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.
  5. Club means the Jetts 24/7 gym as specified on your online Agreement, or any such Club that your membership may be transferred to.
  6. Club Access means the initial Joining Fee and Access Pass Fee as described on your online Agreement.
  7. Club Rules mean the Club rules as amended from time to time, which are located at the Club.
  8. DD Membership means a weekly membership, with recurring fortnightly direct debit payments.
  9. DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees and GST.
  10. Dishonour Fee means a $10.00 fee.
  11. Foundation Member means a member that has a Foundation Membership as categorised by this Agreement.
  12. Jetts means the entity on your online Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
  13. Jetts Plus means the mobile website application exclusive to Jetts NZ members. 
  14. Joining Fee means the fee specified on your online Membership Agreement.
  15. Member means the individual who has entered into this online Agreement with Jetts.
  16. Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
  17. Minor means members under the age of 18.
  18. Paid In Advance (PIA) Membership means members that have paid in advance according to the level of PIA membership as indicated on the online Membership Agreement.
  19. Par-Q Questionnaire means the Health questionnaire that the member is required to complete and acknowledge online prior to using the Club.
  20. Payment Agreement means the online Agreement between you and our Payment Provider, permitting the Payment Provider to provide the direct debit and credit card payment facilities.
  21. Payment Provider means the Payment Provider specified from time to time by Jetts.
  22. Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.co.nz and available at your Club on request.
  23. Privacy Policy means the Jetts privacy policy which is available at www.jetts.co.nz 
  24. Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.
  25. Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.co.nz. Jetts reserves the right to change the Staffed Hours at any time without notice.
  26. Written Notice means a notice by email to your Jetts Club or from Jetts to the Members last known email address as per the records held on the Members online account.

 

2.         Terms and Conditions

(a)   Your membership is governed by this Agreement.

(b)   This Agreement incorporates the terms of the Policies, the Club Rules, and the Privacy Policy.

(c)   Signing this Agreement does not automatically entitle you to membership as your application may be subject to further review by Jetts.

 

3.           Membership

(a)   Nature of Membership Your membership permits you to use Jetts premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Jetts.

(b)   Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership by updating your personal details on your Jetts online account. (jettsonline.co.nz) or providing Written Notice to your Jetts Club.

(c)   All Club Privileges Subject to clause 16, your membership entitles you to utilise any “Jetts” branded club within Australia or New Zealand.

 

4.         Membership Hold

Jetts will only hold your membership if you qualify under the Membership Hold Policy set out by the Club. To be eligible for a membership hold the following must apply:-

  1. In good standing with all processing and joining fees and you must be current on your fortnightly fees.
  2. A membership can be placed on hold for a minimum period of 7 days and a maximum period of 8 calendar weeks per membership year.
  3. As a member you are entitled to activate a Membership Hold at any time via your personal online account login (jettsonline.co.nz) or by providing Written Notice to your Jetts Club.
  4. Your online hold and Written Notice request must be submitted a minimum of 2 business days prior to the date that it is to start. Having submitted your On Hold request an email confirming the details will be sent to you from Jetts.
  5. You are responsible to ensure that sufficient funds are in your account for membership fees to be debited once the On Hold period is completed. No further advice will be sent by Jetts.
  6. You will have no access to your Club or any Jetts Club during the period that your membership is On Hold.
  7.  If you need to cancel the On Hold you must advise your Club in by Written Notice and allow 24 hours for the On Hold to be cancelled and your Access Pass to be re-activated. You will be liable for the payment of any Membership Fees effective from the date the On Hold is cancelled.

Any Membership Hold that does not meet the required criteria will need to be referred to your club manager.

 

5.         Membership Transfer - Paid in Advance (PIA) Members who have PIA are unable to transfer their membership to another “Jetts” branded club, however the member is able to transfer to a non-member who is accepted as a member of the Club. A $35 transfer fee is payable by the incoming member on transfer of the membership.

 

6.         Membership Transfer - Direct Debit (DD) Members who pay fortnightly by direct debit may transfer between “Jetts” branded clubs subject to the following conditions:

(i)   Membership at the existing Club has been for a period of at least 3 calendar months;

(ii)   Direct debit membership is not in arrears; and

(iii)   Members must submit their transfer request in Writing to their Club (email)

 

7.         Foundation Membership - Members who duly complete and sign this online Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges are effective on the date Jetts advises the member by written notice.

Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:

  1. a PIA membership is not renewed prior to its expiry date;
  2. a PIA membership is transferred to a non-member; or
  3. a PIA membership is cancelled or terminated; or
  4. a DD membership is cancelled or terminated; or
  5. a DD membership is in arrears; or
  6. a DD membership is transferred to another “Jetts” branded club; or
  7. a member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its members.

 

8.         Payments

(1)  Direct Debit Memberships

  1. You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement with our Payment Provider.
  2. For a DD Membership you must make your payments on a fortnightly basis in advance. All direct debits are deducted from your bank account fortnightly on a Thursday. Jetts reserves the right to change the day that fees are deducted at any time, however will provide Written Notice a minimum of 30 days prior to the date of change.
  3. For all DD memberships you must make payment of the Joining Fees and Access Card amount in advance prior to the activation of your membership and the balance of the Membership Fees by way of direct debit.
  4. You must complete and confirm online acceptance to the Jetts Payment Agreement authorising the Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
  5. Jetts will endeavour to contact you by phone or sms to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments;
  6. A member will be charged a $10.00 Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
  7. A member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.
  8. Additional fees, being bank charges or administrative charges incurred by the Payment Provider will apply for any overdue or late payments.
  9. Jetts will not be liable for any additional fees, being bank charges or administrative charges incurred by the member from the members’ financial institution in the event that a fortnightly direct debit payment is dishonoured.
  10. If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
  11. Jetts may change its Payment Provider. In such circumstances, you must complete and confirm online to Jetts a Payment Agreement authorising Jetts’ new Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.
  12. Jetts reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice (email) of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account (excluding Foundation Members)

(2)  Paid in Advance Memberships

  1. For a PIA membership, you must pay your membership in advance according to your level of PIA membership as selected from the membership Selection on your online application.
  2. For all PIA memberships you must make payment of the Joining Fee, Access Card and Membership Fees at your Jetts Club on completion of a Jetts Welcome by way of credit card, cash or EFTPOS, prior to activation of your membership.
  3. Jetts reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. For Paid In Advance Memberships the changes will only take effect on the renewal date of your Membership. For sake of clarity, in the event of an increase in Membership fees no additional fees will be required to be paid to Jetts in respect of your current PIA membership period.

 

9.         Minimum Age

All members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or guardian co-sign this Agreement at the selected Jetts Club to confirm the acceptance of the Terms & Conditions of membership on behalf of the Minor

Minors aged between 14-15 years of age must comply with the following restrictions:

  1. access to the Club stated on this Membership Form Only;
  2. access to the Club can only be during Staffed Hours;
  3. a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
  4. a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.


Minors aged 16 years of age must comply with the following restrictions:

  1. a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
  2. a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.

 

10.       Staffed Access / Off Peak Members / Advanced Lifestyle Members

  1. a member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.
  2. Off Peak and Advanced Lifestyle Memberships only allow members access to their chosen Jetts Club during restricted hours as stated on their Membership Selection. An Off Peak or Advanced Lifestyle member who is in breach of accessing the club outside the stated hours will be subject to termination of membership as per Clause 16 of these Terms & Conditions.

 

11.       Disability

  1. All disabled members of Jetts must comply with the terms of the Policies.
  2. Jetts has the right to restrict the access to the club of a disabled member to staffed hours only.

 

12.       Access by Non-Members

Jetts only grants members, unless otherwise specified in this Agreement, access to the Club. No member is permitted to bring a non-member into the Club outside of Staffed Hours. In the event that a member brings a non-member into the club during staffed hours, the member must advise the member of staff immediately upon entering the club. The non-member will be required to complete a temporary online membership Agreement and will be subject to the terms and conditions of the Agreement. The member will only be allowed to use the club during staffed hours and will be requested to leave in the event that the non-member is still in the club on completion of these hours.

If a member breaches clause 8 of this Agreement, the member acknowledges that:

  1. they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member;
  2. the act of bringing a non-member into the Club constitutes automatic acceptance by the member of a new membership for the non-member. The Club Joining Fee (access card & joining fee) and the value of one fortnightly DD Membership Fee, (family rate $10.95 per week) will be charged to the member. The amount charged is subject to change dependent on the current monthly Club Joining Fee at the club the breach has occurred, however Jetts acknowledges the amount will not exceed the value of $150.00.

The member will be charged in the following ways:

  1. for a member who holds a DD Membership, this amount will be deducted from their nominated bank account; and
  2. a member who holds a PIA Membership, the member will receive an invoice for this amount which is due payable within 48 hours of receiving the invoice;
  1. payment of the amount in accordance with the clause above will entitle the non-member to use the Club for a period of one fortnight. In the event, that the non-member joins the club, no further joining fees will be charged in addition to the fees charged to the existing member in respect of the breach;
  2. in order for the non-member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new members are required to comply with pursuant to this Agreement; and
  3. Jetts reserves the right to terminate the membership of the member who brings a non-member into the Club.

 

13.       Jetts Welcome

  1. It is a condition of this Agreement that you participate in a scheduled member welcome program.
  2. The Jetts Welcome focuses on the safe and correct use of the equipment provided at the Club and internal security processes.
  3. Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club Welcome prior to the commencement of exercise.

 

14.       Physical Condition

  1. It is your responsibility not to use any equipment which may adversely affect any medical condition.
  2. You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.
  3. If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with your doctor before using the equipment or the Club.
  4.  You acknowledge that Jetts did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

 

15.       Par-Q Health Questionnaire

  1. It is a condition of membership with Jetts that each member completes a Par-Q Health Questionnaire prior to the completion of the online sign up process.
  2. You will not be permitted to use the Club until you have completed the Par-Q Health Questionnaire.
  3. Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

 

16.       Video and Audio Surveillance

  1. For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.
  2. By signing this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.
  3. Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

 

17.       Equipment

  1. You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.
  2. You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.

 

18.       Exclusion of Liability for Property

  1. Jetts is not liable to you or any personal property that you have been negligent in damaging, have lost, or had stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker. Jetts exclusion from liability does not apply in the event that the damage, loss or stolen property of a member or a member is a result of actions of a Jetts Staff member or agent.
  2. If you cause damage to the Club or any equipment that is either deemed as deliberate or negligent or a direct breach of Jetts Club Rules, you are liable to Jetts for the reasonable cost of repair or replacement.

 

19.       Cooling Off Period

  1. All new memberships are subject to a cooling off period of 5 business days.
  2. A request for termination of membership during the cooling off period must be made by Written Notice and will be deemed as received on the date that is was received by Jetts. Jetts will provide Written Notice of confirmation within 1 business day. In the event that you do not receive written confirmation from Jetts within the required response time, it will be deemed that your Written Notice was not received and it is your responsibility to contact Jetts directly. If this Agreement is defined as an unsolicited consumer agreement under the New Zealand Consumer Law, in which case termination may be written or oral.
  3. For any membership terminated validly during the cooling off period, Jetts shall refund to you the total of all Membership Fees. If this is not an unsolicited consumer agreement under the New Zealand Consumer Law, and you have been provided services under this Agreement the Club will refund your Membership Fees less a fee of $29.00 (equal to the value of a replacement Access Pass Fee) Jetts will refund all monies to you within a maximum period of 14 days of Jetts receiving Written Notice of termination or such earlier date as required under the New Zealand Consumer Law.

 

20.       Termination of membership

Member Termination

You may terminate your membership at any time on the following basis:

  1. You provide a request for termination of your membership in writing to Jetts.
  2. If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

      (a)  your request must be accompanied by a medical certificate evidencing such   permanent sickness or physical incapacity; and

      (b)  there will be a refund of any unused Membership Fees

  1. In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

If your request for termination is for reasons other than permanent sickness or physical incapacity:

In relation to DD Memberships:

  1. you may terminate your membership at any time;
  2. you must provide your Jetts Club with Written Notice of termination a minimum of 2 business days before your direct debit bill date to allow your Jetts Club sufficient time to process your termination.
  3. it will be deemed that the effective date of termination is the date that the Written Notice is received by your Jetts Club. Written Notice must be sent directly to your Jetts Club. Jetts will not accept liability for any Written Notice of termination that has been sent to an alternative Jetts address. All addresses for Jetts clubs are provided on the Jetts website. (www.jetts.co.nz)
  4. your Jetts Club will on receipt of the Written Notice of termination, will provide Written Notice of confirmation of termination within 1 business day. In the event that you do not receive a Written Notice from your Jetts Club within 1 business day, it is your responsibility to contact your Jetts Club to advise your termination request. Jetts will reserve the right for proof of Written notice in the event of a dispute arising over the termination date; and
  5. the access to your Jetts Club continues up to the date of termination therefore there will be no refund of any unused Membership Fees as the cost of refunding these fees would be in excess of any fees refundable.

In relation to PIA Members:

  1. you may not terminate the membership during the prepaid period or request a refund, unless you suffer from a permanent sickness or physical incapacity as described in clause 16 (a)(ii) however in accordance with clause 3(e) you are entitled to transfer your membership to another non-member; and
  2. if you do not renew your PIA membership by the renewal date, your membership will automatically expire.

Jetts Membership Termination

Jetts in the event of a serious breach of your membership, may terminate your membership at any time. Jetts, must at all times act reasonably and fairly in exercising a membership termination. Jetts deems a serious breach to be on the following basis:-

  1. you fail to make any payments of your Membership Fees;
  2. any fortnightly payments of membership fees are late;
  3. Jetts reasonably suspects that you are engaging in illegal activity within the Club or premises, including the carpark;
  4. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or;
  5. your conduct is improper or harmful to the best interest of Jetts members.

In the event that Jetts terminates your membership in accordance with clause 16(c), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA member, Jetts will not refund any unused portion of your fees.

  1. upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any Jetts branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.
  2. Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.
  3. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

 

21.         Restriction

Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and limiting access to Staffed Hours) at any time, however Jetts, must at all times act reasonably and fairly in exercising a membership restriction on the following basis;-

  1. concern for the health and/or safety of the member; or
  2. non-compliance, improper or harmful conduct engaged in by the member.

 

22.       Risk Warning

Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft   tissue injuries, joint injuries, permanent disability or death. These injuries may occur from           you:

  1. slipping on wet flooring;
  2. being struck by weights;
  3. colliding with equipment, or other members;
  4. engaging in strenuous exercise and activities; or
  5. incorrect use of equipment or Club,
  1. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
  1. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
  2. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.