Terms of Service

Effective Date: September 16, 2024

Last Updated: September 16, 2024

1. Agreement to Terms

By accessing our website, using our services, or visiting our facility at 22 Cruickshank Crescent, Rosedale, Invercargill 9810, New Zealand, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. About Fashionbrandia Fitness

Fashionbrandia Fitness is a professional strength training and fitness facility operated in New Zealand. We provide personal training, group sessions, equipment access, and related fitness services to help individuals achieve their strength and muscle development goals.

3. Membership and Services

3.1 Membership Types

• Individual Sessions: One-time personal training sessions
• Package Deals: Multi-session packages at discounted rates
• Monthly Memberships: Unlimited access for specified periods
• Group Training: Small group fitness sessions

3.2 Membership Requirements

• Members must be at least 16 years of age
• Minors (16-17 years) require parental consent
• Valid identification must be provided upon registration
• Health questionnaire completion is mandatory
• Emergency contact information must be provided

4. Payment Terms

4.1 Fees and Payment

• All fees are quoted in New Zealand Dollars (NZD)
• Payment is due at the time of booking or as specified in membership agreements
• We accept cash, EFTPOS, and major credit cards
• Recurring memberships will be charged automatically

4.2 Refunds and Cancellations

• Individual Sessions: 24-hour cancellation notice required for full refund
• Packages: Unused sessions may be refunded within 30 days of purchase
• Monthly Memberships: 14-day cooling-off period applies
• Emergency Situations: Refunds considered on a case-by-case basis

5. Facility Rules and Conduct

5.1 General Conduct

• Treat all members, staff, and equipment with respect
• Follow all safety instructions and guidelines
• Maintain appropriate noise levels
• Use equipment responsibly and as intended
• Clean equipment after use with provided sanitiser
• Return all equipment to designated areas

5.2 Dress Code

• Appropriate athletic attire is required
• Closed-toe athletic shoes must be worn at all times
• Shirts must be worn during all activities
• Clothing should not be offensive or inappropriate

5.3 Prohibited Activities

• Use of equipment while under the influence of alcohol or drugs
• Bringing food or beverages (except water) into training areas
• Photography or video recording without consent
• Harassment, discrimination, or intimidating behaviour
• Unauthorised commercial activities or solicitation

6. Health and Safety

6.1 Health Disclaimer

Exercise involves inherent risks. Before beginning any fitness program, you should consult with a healthcare provider. By using our services, you acknowledge that:

• You are physically capable of participating in exercise activities
• You will inform us of any health conditions or limitations
• You will stop exercising if you feel unwell or experience discomfort
• You understand the risks associated with physical exercise

6.2 Safety Responsibilities

• Follow all trainer instructions and safety guidelines
• Use spotters for heavy lifting when required
• Report any equipment malfunctions immediately
• Maintain proper form and technique during exercises
• Stay within your physical capabilities

7. Liability and Risk

7.1 Assumption of Risk

You acknowledge and accept that participation in fitness activities involves risk of injury. You voluntarily assume all risks associated with your participation in our programs.

7.2 Limitation of Liability

To the maximum extent permitted by law, Fashionbrandia Fitness, its owners, employees, and contractors shall not be liable for:

• Personal injury or property damage occurring on our premises
• Loss or theft of personal belongings
• Indirect, consequential, or punitive damages
• Any claims arising from your use of our services

7.3 Insurance

We maintain public liability insurance as required by law. However, members are encouraged to maintain their own personal insurance coverage.

8. Intellectual Property

All content on our website and training materials, including text, graphics, logos, and workout programs, are the intellectual property of Fashionbrandia Fitness and are protected by copyright and trademark laws.

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

10. Suspension and Termination

10.1 Our Right to Terminate

We reserve the right to suspend or terminate your membership for:

• Violation of these terms of service
• Inappropriate behaviour or conduct
• Non-payment of fees
• Safety concerns
• Any reason that affects the safety or comfort of other members

10.2 Your Right to Terminate

You may terminate your membership by providing written notice as specified in your membership agreement.

11. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective upon posting on our website. Continued use of our services after changes constitutes acceptance of the new terms.

12. Governing Law

These terms are governed by New Zealand law. Any disputes will be subject to the exclusive jurisdiction of New Zealand courts.

13. Consumer Rights

Nothing in these terms affects your rights under the Consumer Guarantees Act 1993 or other New Zealand consumer protection legislation.

14. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or pandemic-related restrictions.

16. Contact Information

For questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: +64 27 332 3365
• Address: 22 Cruickshank Crescent, Rosedale, Invercargill 9810, New Zealand

17. Acknowledgment

By signing up for membership or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service constitute the entire agreement between you and Fashionbrandia Fitness regarding the use of our services. They supersede any prior agreements or understandings.