RELEASE AND INDEMNIFY
I understand that the risk from injury from activities carried out by Squad Nation Limited or any fitness program is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an online fitness program and assume all risks associated with using exercise equipment without the physical aid of the trainer.
I understand that Squad Nation Limited is a privately owned fitness program and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers and affiliates, agents and employees (”releases”) WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES or otherwise, that may arise out of or in connection with my use of the equipment or the facilities at the premises or any incident that occurs while using the facilities or engaging in activities, or off the premises or, otherwise related to my membership.
I will keep the Releasees indemnified against all claims, actions, losses and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:
a) The neglect or careless use or misuse by myself or any guest under my control of the program, facilities or equipment.
b) Any accident or damage to property or persons arising from any occurrence in or near the facilities, solely or in part by reason of any act of omission by myself or any guest under my control.
I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that Squad Nation is relying on this release in agreeing to enter into this Agreement.
MEMBERSHIP TERMS AND CONDITIONS
Definitions
In this agreement, the following terms apply:
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- Agreement: the Membership Agreement made between you and Squad Nation Limited.
- Program: means the Squad Nation program where you applied for your membership as described in this Agreement.
- Cancellation: a Member must provide written notice to Squad Nation or to Debitsuccess of their intention to cancel the membership.
- Early termination: means a cancellation inside the minimum contract term of the Membership.
- Early termination fee: means the lesser of;
(a) 10% of the remaining installments due from the date of termination to the expiry of the Minimum Term; or
(b) $49.00.
- Facilities: refers to the facilities available to you by Squad Nation and or where an event that your membership entitles you to and includes, but is not limited to, marae, private gym, bathroom and changing facilities, showers, sauna, supplement bar and other facilities that are available to members of Squad Nation.
- Squad Nation: the Business operating the Program pursuant to an agreement with Squad Nation Limited and includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
- Foundation membership: means the membership purchase when Squad Nation Limited first opened for business option where the reduced installment amount only applies while the membership remains with Squad Nation initially and is subject to change if the membership is transferred to another person and or the membership is canceled.
- Member: the person entering into this Agreement for the purpose of accessing the Program and Services with Squad Nation Limited..
- Minimum term: means the agreed minimum term for this Contract as set out in the Payment Plan Section.
- Services: refers to the services available to members or customers of Squad Nation that may be included in your specific membership type or available as a service that is additional to your membership. Services may include, but are not limited to, strength and resistance training equipment, cardio equipment, free weights and accessories, group fitness classes, small or large group training sessions, personal training sessions, body composition scanning, nutritional and exercise advice and expertise.
- Suspension: means a member may request a temporary hold on their membership and payments for medical, health or personal reasons.
- You: the person described in this agreement who is applying for the Squad Nation membership.
1. Membership
1.1. Nature of membership:
Your membership permits you to use Squad Nation services as defined by the membership type selected upon joining. Your membership is non-transferable by you unless deemed appropriate by Squad Nation management. Squad Nation reserves the right to sell memberships at different rates and terms.
1.2. Membership privileges:
Your membership entitles you to utilise Squad Nation membership, provided that you are not in breach of any part of this agreement or rules posted in your membership and is not in arrears, or unless otherwise stated in the Special Conditions or terms and conditions of a specific membership type. Your membership also allows any person that is with you to train alongside you with no extra cost attached to your membership or the person attending the class.
1.3. Membership transfers :
Members who have paid for an upfront membership and or direct debit are able to transfer to a new person . A transfer fee applies to the transfer of membership between persons.
1.5. Foundation membership:
A Foundation Member has the privilege of maintaining the value and benefit of their membership for the life of the agreement on the condition that the membership remains active and current. Foundation memberships that are transferred to another person are subject to their rate being increased to match that of a standard membership that the membership was transferred to, and the benefit of the opening rate may be lost.
2. Privileges
2.1. Trainer access
Squad Nation management and trainers access outside of class time hours. Squad NAtion coaches, trainers and management are committed to providing you with the steps in order for you to gain as much as possible in your membership.
2.2. Suspension of membership
Squad Nation may suspend your membership if you qualify under the membership suspension conditions set out. To be eligible for a membership suspension you must be in good standing with all processing and enrolment fees paid and you must be current on your membership fees. Suspensions may be applied for a maximum of 3 months and must have an end date. Suspensions longer than 3 months require evidence of a medical certificate. Suspension fees may apply. Memberships may be automatically suspended during a government mandated shutdown. Suspension fees will not apply to suspensions that occur as a result of such suspensions, but the member may opt-in for voluntary payments to support during these times if they choose.
2.3. Transferring membership to a new person
A member may opt-out of their membership during the minimum contract term by transferring the remaining balance to a new person. It is the responsibility of the member to find a person to take over the membership and arrange an appointment with their Squad Nation and the new person to process the membership transfer.
3. Membership fees
You agree to pay the fees as set out in the Membership Agreement and agree to be bound by the direct debit terms and conditions as defined by the Direct Debit company.
3.1. Membership payment
You agree to make the payments outlined in this Membership Agreement as described for the services included in your membership type. At any time, you may contact Squad Nation or direct debit company to update your payment day, frequency or payment method to suit you and to ensure that all payments due are received on time.
3.2. Early cancellation fee
Cancellation within the minimum term of the membership will incur a maximum cancellation fee of $49 or 10% of the remaining balance of the minimum contract term, whichever is less. The early cancellation fee can be paid through internet banking or via direct debit. The membership will remain active, and all due payments will continue until the early cancellation fee and/or any amounts owing have been paid in full.
3.3. Transfer fee
A member who opts to transfer their membership and the remaining balance of their minimum contract term may do so, at the discretion of their Club, and will incur a transfer fee of $49. This fee is payable to Squad Nation at the time the membership is transferred from the existing member to the new member.
3.4. Suspension fee
A member may request to suspend their membership at the Club at a weekly rate of $5 for no longer than 3 consecutive months. Any extension to the suspension will be at the discretion of Squad Nation and evidence of a medical certificate may be required. A request to suspend must be made in writing to Squad Nation Limited via email.
3.5. Membership fee increase
Squad Nation reserves the right, at any time, to change the fees charged to members. Squad Nation agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect no less than 30 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. At the end of the 30-day period, you authorise Squad Nation and/or the Direct Debit company to debit the new amount to your nominated bank account.
3.6. Administration fee
A one-off $20 administration fee is payable to Debitsuccess and will be collected with the first instalment.
3.7. Dishonour fee
A member is subject to a $10.00 administration fee collected by Debit success in the event that a direct debit membership payment is dishonoured by their financial institution. A payment may be dishonoured as a result of insufficient funds, an expired, unauthorised or invalid payment method or due to a payment stop applied by the member at their financial institution.
4. Cancellation, termination and refund
Squad Nation reserves the right to terminate the Member’s privileges in the event of the following:
- A paid upfront membership is not renewed prior to its expiry date.
- A direct debit membership is in arrears for any fees or services.
- A Foundation membership is transferred to another person.
- A member’s conduct is improper or harmful to the best interest of Squad Nation and/or its members.
- A member’s conduct directly results in damage, theft, loss of property, or loss of revenue.
4.1. Basic cancellation rights and refund
You may cancel your membership and receive a refund of any unused portion of a prepaid membership if you qualify as follows:
a) Permanent Sickness or Physical Incapacity: Your disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing.
b) In case of death, your estate must provide written evidence. In either case,Squad Nation will refund any unused portion of prepaid membership.
4.2. Termination of direct debit membership – outside the minimum term
If you have a direct debit membership with Squad Nation, and you are outside of your minimum contract term, you may terminate the membership by providing:
a) An approved method of written notice – 14 days’ notice applies, or
b) Notice to Debitsuccess – 14 days’ notice applies, and
Once Squad Nation or Debitsuccess has received your notice to cancel, your membership will be set to expire within 14 days. The membership will close after all payments due within the 14 days have been received, provided the account does not become overdue in that time.
4.3. Termination of a direct debit membership – inside minimum term
If you are still within the minimum contract term you may cancel your membership with immediate effect by paying the early cancellation fee of $49 or 10% of the remaining balance, whichever is less. Notice of effective immediate termination must be received at least two (2) days before your next projected debit date to allow Squad Nation and/or Debitsuccess sufficient time to process your termination before the next debit is due.
4.4. Termination of prepaid membership
If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), except for the reasons stated above in sections 4.1 (a) & (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
4.5. Termination for cause by Squad Nation:
Squad Nation may, at its discretion, terminate your membership effective immediately if;
a) you fail to make timely payments under any payment plan,
b) any direct debit payments or fees are late,
c) you fail to follow any of Squad Nation membership policies, conditions and rules, or violate any part of this Agreement; or
d) your conduct is improper or harmful to the best interest of Squad Nation or its members.
Termination is effective on the date Squad Nation sends written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, Squad Nation will not refund any unused portion.
4.6. Effect of termination and financial obligation:
Upon cancellation or termination, your right to use the program ends and Squad Nation can deny you access. Any money owing to Squad Nation when your membership ends remains immediately due and payable and Squad Nation will deduct the amount outstanding from any refund for which you may be eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.
5. Minimum age
All minors under the age of 16 must have a parent or guardian co-sign a Parent Consent form.
6. Class Recordings
For class replay purposes, Squad Nation uses class video recordings to allow members to access 24/7. These recordings are only available and restricted to current members viewing only. By signing this Agreement, you acknowledge that by accessing the class recordings you will be subject to video recording. Video recordings are limited to the member camera view. Camera view is optional to all members and members have the right to turn off their camera if they do not wish to be seen.
7. Photography and filming
For promotional purposes Squad Nation will at times take photos or videos for social media. If you do not wish to be a part of any such photograph or video you have the right to decline. Squad Nation coaches and or trainers will inform all members before any photos or videos are taken.
8. Orientation
All new Members are entitled to the 15 day pre recorded coached (via video) orientation program to introduce new members on the safe and correct technique. Members can request access to this program at any time during their membership.
9. Wi-Fi
As this program is based online you will require access to the internet to access this program.
10. Physical condition and no medical advice
You represent that you are in good physical condition and have no medical condition or impairment that might prevent you from safely accessing this program. You acknowledge that Squad Nation did not give you any medical advice before you used the program and cannot give you any medical advice after you use the program. If you have any health or medical concerns now, or at any time after you join as a Member, you must discuss them with your doctor before continuing on this program. If your physical condition changes during the term of your membership and you develop a health or medical issue that may pose an increased risk to your personal health and safety, or the health and safety of others, you acknowledge that you will advise Squad Nation immediately.
11. Liability for property
Squad Nation is not liable to you for any personal property that is damaged, lost, or stolen while on our program including, but not limited to, a vehicle or its contents or any property.
12. Change of details
You must provide Squad Nation with any changes to your details that are relevant to your membership, including address, contact number, bank account details and email address. Squad Nation and its agents will attempt to contact you, if required, at your last known address or contact number. Squad Nation takes no responsibility for information not received by you if your contact details change and you fail to update them.
13. Entire agreement and enforcement
You acknowledge that neither Squad Nation nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and Squad Nation and replaces any oral or other written agreement. Any manual or handwritten changes to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Squad Nation does not enforce any rights in this agreement for any reason, Squad Nation does not waive its right to enforce it later.
