I {name}, on {sign_date}, are hereby agreeing to the terms and conditions below, I acknowledge I have enrolled in the personalized health and fitness program offered through WāhiBJJ. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in purely voluntary and in no way mandated by WāhiBJJ.

Participation

In consideration of my participation in this program, I hereby release WāhiBJJ and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrollment. I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this program and I hereby release WāhiBJJ and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.

You may cancel this contract without penalty within 5 working days after you have received a copy of it by informing WāhiBJJ in writing. We may require you to pay for the days that you have had access to the club, at our standard daily rate, and for any goods you have received on joining up. This Membership Agreement is between the Member whose details are on the front page (you) and WāhiBJJ LTD trading as WahiBJJ, 24 Turners Road, Feilding (we, us).

Use of the Club

Your membership gives you the right to attend all classes and open Mats. It does not cover additional costs like food or drink, special classes or personal training, which you must pay for separately. We will take all reasonable care to ensure that facilities are available during normal opening hours, but sometimes demand from other members or circumstances beyond our control may mean that the class may not be run or may be run by a lower belt.

Fees and Payments

You agree to pay all the payments as shown on the front page. You must continue paying even if you do not use the club.

During the initial (minimum) period membership you can only cancel your membership as set out in these Terms and Conditions (see Termination by you below). After the initial period, payments will continue until you advise us of your cancellation of this agreement (see “How to Cancel” below). The membership rate quoted is a weekly rate and must be paid by direct debits which may be processed on or after the date due, but not before. It is your responsibility to make sure there are sufficient funds in your account.

Payments are guaranteed not to increase during the initial period unless required by law. After the initial period the rate may be increased by WahiBJJ giving you at least 30 days’ notice in writing which may be by email or text. If you do not wish to accept that increase you may cancel your membership.

When payment(s) are missed, you may not be able to enter the club until you have paid any overdue balance. If you do not pay at the club, any overdue amount will be added to your next Direct Debit. All costs associated with recovery of any missed payments will be added to any amounts due. This includes a $20 administration charge, and all reasonable collection agency costs.

Club rules and procedures

You must comply with club rules and procedures at all times while using the club. These rules and procedures are designed to allow all members to get maximum benefit from their membership and may change from time to time. Copies are available at the front desk and online at wahibjj.com. You must not carry out any illegal acts on club premises and you must comply with our health and safety requirements. You must respect staff and other members, and you must not take photographs in the club without our permission and the permission of every person in the photograph.

Termination by us

We may terminate your membership immediately if you carry out any activity which we reasonably consider to be illegal, offensive, dangerous to other people or to you, if you act in serious breach of club rules, or if at any time four or more payments are overdue. If we terminate because of your actions, we will not be liable to you in any way.

How to cancel

You may cancel your membership by informing WāhiBJJ in person at the Club, or in writing which may be by email. Confirmation letters/emails/texts will be sent within seven days of receiving a cancellation request. Cancellation will take effect from your next direct debit date that is more than 20 working days after we receive your request. Freezes: You can suspend your membership and your payments as set out in the front page. Each freeze must be for at least 1 month/4 weeks. You can suspend your membership by a maximum of 4 months in any period of 12 months of club use. A freezing administration fee of $20 per month or part month will apply. If you use the club during a freeze period, your payments will restart immediately.

General

We may need to make changes to this membership agreement from time to time. We will give you one month’s notice of any changes using email/text. Where we reasonably believe that a change will be detrimental to you (unless it is required by law). You may have other rights under the Consumer Guarantees Act, the Fair Trading Act or other consumer law. It is your responsibility to use this club safely, to take care of your own health and to take care of your own property. Personal injury by accident in New Zealand is covered by the Accident Compensation Act. Young Members (less than 18 years old): Parent or legal guardian to sign I have read this contract and consent to the named person entering into it. I agree to become a party to this Membership Agreement and to be responsible for all obligations owed under it resulting from the person’s use of the Club, including failure to meet any regular payment as set out on the first page.