W PERFORMANCE LTD

MEMBERSHIP TERMS & CONDITIONS

1. Term of Membership

1.1. The term of Membership shall be for an indefinite period commencing on the Membership Commencement Date stipulated in the Membership Agreement (“the Term”).

1.2. The Member’s Membership shall continue, and the Member will continue to be charged the Membership Fee monthly in advance until the Member terminates their Membership with not less than 30 days written notice to W Performance Ltd.

2. Grace Period

2.1. The Member shall have a period of 48 hours from the time of signing the Membership Agreement (“Grace Period”) to terminate this Contract by written notice to W Performance Ltd.

2.2. If the Contract is terminated by the Member within the Grace Period, W Performance Ltd will refund all fees charged to the Member except for the Customer Set Up Fee and the costs of any fitness services already supplied prior to the date of termination.

2.3. If the Member purports to terminate the Contract after the expiry of the Grace Period, in a method other than as set out in Clause 9, the Member will be subject to the provisions of Clause 10.

3. Payment of Fees

3.0. The Member shall pay the Membership Fees and other fees:

1. a) In the amounts and frequency set out in the Payment Option details in the Membership Agreement.
2. b) Using the direct debit payment method.

3.1. Booking Policies:

1-Hour Booking Closure: All class bookings close 1 hour before the start time.

$20 No-Show Fee: Applies to booked classes where the Member does not attend without cancelling in advance.

Class Cancellations: Must be made at least 1 hour before the class begins. Late cancellations will be treated as a no-show.

3.2. The Member must:

1. a) Sign and maintain a valid Direct Debit authority.
2. b) Ensure the nominated account has sufficient funds.
3. c) Deal directly with the direct debit provider for any payment disputes.
4. d) Keep the direct debit authority in place until 30 days after written notice of termination.
5. e) Accept that W Performance Ltd will continue to debit fees until the authority is cancelled.

3.3. If a payment is rejected:

1. a) W Performance Ltd or the direct debit facility will notify the Member.
2. b) The payment remains due.
3. c) A rejection fee will apply.
4. d) Membership may be suspended until payment is made.
5. e) Debt collection may be used and costs passed on to the Member.

3.4. If the Member closes their nominated account, they must provide a replacement direct debit authority. Failure to do so is a breach of this Contract.

3.5. Overdue amounts exceeding 2 business days may incur 12% per annum interest, calculated daily until paid in full.

3.6. W Performance Ltd reserves the right to increase fees with 30 days’ written notice.

4. Membership Benefits

4.1. Unlimited classes during the Term.

4.2. The Member acknowledges:

1. a) Access is not exclusive.
2. b) Facilities and equipment must be shared.
3. c) Equipment is sourced from third parties.
4. d) Opening hours may change without notice.

4.3. Membership does not include personal training unless contracted separately.

5. Member’s Obligations

5.1. The Member agrees to:

1. a) Abide by all gym rules and conditions.
2. b) Wear appropriate sportswear and footwear.
3. c) Obey staff instructions for equipment use.
4. d) Avoid any act that could damage property.
5. e) Avoid any act or threat of harm to staff or members.
6. f) Not engage in sexual harassment.
7. g) Not consume or possess alcohol, intoxicating, or illicit substances on site or operate equipment while under their influence.
8. h) Disclose any relevant physical or medical conditions.
9. i) Not attend while suffering from any contagious illness.
10. j) Not engage in any verbal, written, or online communication, whether in person, by message, or via social media, that puts down, belittles, harasses, or otherwise targets other members, staff, or the gym community, where such behaviour could reasonably be considered as making others feel unsafe, unwelcome, or uncomfortable. This includes spreading rumours, making derogatory comments, or encouraging other members to leave the gym in a manner that disrupts the wider gym community.

5.2. Any damage caused by the Member must be paid for in full.

5.3. The Member warrants they are medically fit for exercise.

5.4. Breach of Clauses 5.1–5.3 will result in a formal warning. Further failure to comply will result in cancellation of Membership.

6. Suspension and Holding of Membership

6.1. The Member may request a suspension of their Membership for up to 2 months per calendar year, during which the Member will not be charged their normal weekly Membership Fee.

6.2. Suspension requests are accepted by contacting the Direct Debit provider and must be for a minimum period of 14 days. If a longer suspension is required, W Performance Ltd will review the request.

6.3. During the period of suspension or Membership hold, the facilities and Membership benefits will not be available to the Member.

6.4. Extended Membership Hold: If a Member wishes to place their Membership on hold for longer than 2 months, a Holding Fee of $10 per week will apply for the period exceeding the initial 2 months.

6.5. Pregnancy: Members who are pregnant and wish to place their Membership on hold for longer than 2 months may do so. Following the initial 2-month suspension period, a Holding Fee of $10 per week will apply until the Member is ready to resume their Membership.

6.6. The Holding Fee maintains the Member’s existing Membership and Membership rate during the approved hold period. The Member will not have access to W Performance Ltd facilities, classes or Membership benefits while the Membership is on hold.

6.7. Members must notify W Performance Ltd when they wish to reactivate their Membership. Upon reactivation, the normal Membership Fee will resume.

7. Transfer of Membership by Member

7.1. Membership of W Performance Ltd is not transferable by the Member.

7.2. Membership of W Performance Ltd cannot be transferred between persons.

8. Novation

8.1. W Performance Ltd reserves the right to transfer, assign, sell or novate your Membership, including this Agreement, to another provider of the gym service, provided that the facilities provided by the new owner of your contract are commensurate with your existing Membership and are provided on similar terms within a 3km radius of the Gym location you currently use.

9. Termination of Membership

9.1. The Member may terminate this Contract by providing 30 days written notice to a W Performance Ltd manager.

9.2. Membership Fees will be due and payable for the 30-day notice period.

9.3. Early Termination Fee: If you have agreed to a Minimum Term of 6 or 12 months and you terminate this Agreement prior to the end of that Minimum Term, you must pay to the Club, in one lump sum, liquidated damages in the form of an Early Termination Fee equal to the lesser of:

1. a) $200 Early Termination Fee; or
2. b) The amount that you would have paid for the remainder of the Minimum Term had you not terminated this Agreement.

The Early Termination Fee applies because the Membership has been priced on the basis that the Member will not terminate their Membership prior to the end of the agreed Minimum Term.

10. Default by Member

10.1. The Member will breach this Contract if:

1. a) The Member fails to pay any amounts owing under this Contract on the due date for payment and the amount remains unpaid for a period of 7 days.
2. b) The Direct Debit authority is cancelled and not replaced within 7 days.
3. c) The Member is or becomes bankrupt.
4. d) The Member terminates this Contract other than in accordance with the applicable termination provisions of this Agreement.
5. e) The Member breaches any of their obligations under Clause 5.
6. f) The Member breaches any other term or condition of this Contract and this breach is not rectified within 14 days.

10.2. If the Member breaches the Contract, W Performance Ltd may do any one or more of the following:

1. a) Refuse entry to W Performance Ltd’s premises and suspend any or all of the Member’s Membership benefits for a period of up to 14 days.
2. b) Terminate this Contract by serving written notice on the Member.
3. c) Send any monies owing to a debt collection agency. If this occurs, the Member must pay all outstanding Membership Fees and reasonable collection costs, including any actual legal costs.
4. Assumption of Risk for Personal Injuries

11.1. The Member warrants to W Performance Ltd that the Member is medically sound to undertake a normal course of exercise and/or participate in group sessions organised by W Performance Ltd or contractors engaged by W Performance Ltd.

11.2. The Member acknowledges and agrees that:

1. a) The Member’s use of W Performance Ltd facilities and the fitness equipment provided is at the Member’s sole risk and responsibility. The Member is aware that exercise is physically demanding and participation in some activities may result in injuries.
2. b) W Performance Ltd is not liable to the Member for any injuries that the Member sustains while using W Performance Ltd’s facilities and fitness equipment unless that injury is caused by the gross negligence of W Performance Ltd.

11.3. W Performance Ltd is not liable to the Member for injuries sustained while the Member is under the supervision of a personal trainer or group class instructor who is not an employee of W Performance Ltd. If the Member engages their own private personal trainer, any claims for injuries sustained under the supervision of that personal trainer should be brought against that personal trainer.

12. Assumption of Risk for Personal Items

12.1. W Performance Ltd will not be liable for the loss, theft or damage of personal items belonging to the Member. Personal items are left and/or stored on the premises at the Member’s own risk.

Vehicles parked in or around the vicinity of W Performance Ltd are parked at the Member’s own risk. W Performance Ltd will not be liable for theft or damage to a vehicle or its contents.

13. Privacy

13.1. The Member acknowledges that during the process of entering into the Contract and during the Term of the Contract, W Performance Ltd will obtain access to personal information about the Member, such as information relating to the Member’s health and financial position.

W Performance Ltd may use that information for the promotion of its own services but will not release information to third parties except where authorised or required by law.

13.2. The Member further acknowledges that W Performance Ltd HQ uses video surveillance equipment to monitor the gym area, specifically the entry floor area, for safety purposes and acknowledges that by entering the facility, the Member will be subject to video surveillance in the entry floor area.

14. Governing Law

14.1. This Agreement constitutes the entire agreement between the parties and replaces all negotiations, representations, warranties, understandings and agreements, whether oral or written.

The Agreement shall not be varied unless varied in writing and agreed to by W Performance Ltd and the Member.

This Agreement and any rights, duties and obligations between the parties shall be governed by and interpreted solely in accordance with the laws of New Zealand.

15. Severability

15.1. If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the remainder of the Contract.

16. Access Tag System

16.1. If W Performance Ltd moves to an access key tag system for entry to the site, further information will be released to Members prior to enforcement.

17. Changes to Terms & Conditions

17.1. W Performance Ltd may revise these Terms & Conditions from time to time. Any changes will be published through W Performance Ltd’s applicable communication channels and/or website.

Members are responsible for reviewing the current Terms & Conditions applicable to their Membership.

18. Site Rules

18.1. The Member agrees to comply with W Performance Ltd Site Rules.

If the Member carries out any activity that W Performance Ltd reasonably considers offensive, unsafe, disruptive, or a danger to the Member or any other person, W Performance Ltd reserves the right to require the Member to leave the site immediately.