This contract is between the member ("customer")and YMCA North Incorporated. (''YMCA").
Continuous Agreementsmeans agreements paid via weekly or monthly direct debit and which have nofixed term period of renewal. Therefore, they will continue indefinitely untilterminated by the customer or YMCA.
Minimum ObligationAgreements means agreements that have a minimum term commitment to maintainpayments, post this minimum term the agreement will continue indefinitely untilterminated by the customer or YMCA.
Fixed Term Agreementsmeans agreements that have a fixed term.
Cycle Fees meansagreed fee paid in advance via monthly or weekly direct debit.
PIF means paid infull or paid to confirm place on course, made at time of confirmation
Customers under the age of 16 must have their membershipagreement submitted and approved by their legal guardian, who will be legallyresponsible to ensure they comply with terms and conditions of the membership.
All customers under the age of 18 may have their data sharedwith Oranga Tamariki and this data is managed in accordance with the PrivacyAct 1993.
The customer must pay all fees and charges plus GST asapplicable, for the term of their membership. Interest may be charged on alloverdue fees and amounts at the rate of 5% per annum.
Direct debits may be administered by YMCA or by a thirdparty appointed by YMCA. YMCA will provide the customer with the appropriateDirect Debit Authority Form to complete when they sign up to be a member. The direct debit facility will be used forpayment of all fees and amounts owed by the customer as they become due inrelationship to this Agreement.
The customer is required to submit and complete the directdebit information accurately and any associated forms before the commencementdate of the customer’s membership. The customer can opt to print and sign thedirect forms and present at site; the customer must do this if the bank accountneeds a joint signatory. If the customer selects this option, the bank mandatemust be presented to the club before the commencement date of the customer’smembership. The initial payment will consist of the cycle fee, sign-up fee (asindicated in the Agreement and a prorate cycle fee based on a calculated daily amountfrom the agreed cycle fee to pay for the period from the date of sign up to thedate of first direct debit. Direct debits will be deducted from the customer’snominated account every Thursday for weekly fee payments and on the 20th ofeach month for monthly fee payments. If a direct debit cannot be processed(e.g. because of insufficient funds or changes to the customer’s bank account),YMCA or its agent, may charge an administration fee of $20. Any other charges incurred due toinsufficient funds will be the responsibility of the customer. If a directdebit cannot be processed for two successive payment dates, YMCA may terminatethe customer’s membership by providing him/her with written notice oftermination. After one missed payment,YMCA may suspend the customer’s membership until a payment plan is in place. Tore-join as a member or end any suspension due to non-payment of fees, thecustomer must pay all amounts owing, plus any applicable joining oradministration fees.
Outside of any minimum term obligation agreed to by thecustomer, YMCA may increase membership fees at any time giving 30 days’ notice.
Fixed Term Agreements fees are fixed for the term of thatagreement only and may increase upon renewal.
Where there has been material variation to services, timesand/or facilities at the customer's home Club, YMCA may reduce the fees at itsdiscretion in line with the extent and length of disruption.
Customers are entitled to apply to their home Club to freezetheir membership for a maximum of four months (4) in any one (1) calendar year.A customer may apply to freeze their membership due to medical, travel orpersonal reasons for a minimum period of one (1) month up to a maximum of four(4) month at one time. Written notice orcompletion of YMCA’s membership suspension form, including a reactivation datein each case, must be provided at least one (1) week prior to the freeze beingactivated. in order for YMCA to process the freeze. Freezes can take up to 5business days to process and the customer agrees direct debits will not bestopped within this period. YMCA will endeavour to process requestsimmediately. Customers will not have access to any bookings or facilities thatform part of the Agreement while the freeze is in place
If a customer wishes to terminate their Continuous Agreementor their No Obligation Agreement, they must give ten (10) days’ notice.
If a customer has an agreed Fixed Term Agreement or MinimumObligation Agreement, and wishes to terminate their membership within the fixedterm or minimum obligation period, the customer must pay a cancellation fee of$150 or 25% of the remaining contract value, whichever is the lesser of the two(2) amounts. This excludes up-frontpayments made for a specific booking or service provided by the YMCA where thetermination clauses within the Booking T&C’s apply. The customer agrees to adhere to theseclauses as part of this agreement.
Termination of membership is to be made by the customer viawritten notice to a YMCA Club. Customers will have access to facilities duringtermination notice period, up to the final day customer has paid for, and thiswill be stipulated on YMCA’s confirmation of termination. All deposits or CycleFee payments processed up to and during termination notice period arenon-refundable. YMCA may terminate the customer’s membership immediately at itsdiscretion, if the customer fails to comply with these terms and conditionsand/or any YMCA policies (which may vary from time to time) and/or on-site Clubnotification boards and notices and does not remedy such failure after beinggiven one weeks’ notice in writing to do so. If the breach is one that cannot be remedied, YMCA may terminate immediately.Early termination by YMCA does not reduce the amounts owed by the customers asper above clauses. In the event that YMCA terminates a Fixed Term Agreement,the customer will be refunded a pro-rate amount of the remaining value of theagreement less any fees owed to YMCA.
If a balance is outstanding for more than four (4) weeks YMCA may notify any credit reporting or referencing agency of the default, and may pass the customer’s debt for collection to a third party agency.
The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities. The customer also agrees not to use the facilities if the customers suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the YMCA facilities. These requirements also apply to COVID-19 symptoms and vaccination requirements. YMCA agrees to maintain the facilities and equipment and will not be negligent or willfully default on this area. YMCA reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which YMCA considers dangerous, offensive, or in breach of any health and safety requirement.
YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the YMCA facilities. The customer shall be responsible for taking care of his or her own property and YMCA shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that YMCA is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to the equipment of the YMCA facilities.
YMCA needs to collect personal information about ou rcustomers to be able to offer the best possible service experience. YMCA will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.
YMCA manages the following facilities on behalf of AucklandCouncil as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium,Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, MasseyLeisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, CameronPool, Ellerslie Recreation Centre, Glen Innes Pool
For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that YMCA ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s)