01 MEMBERSHIP PERIOD
You agree to join Creo for the Minimum Term specified on your Customer Agreement and agree to make Regular Payments on time for the duration of this period (even if you are not attending a Club).
After your Minimum Period ends, Regular Payments will continue until your Customer Agreement is terminated in accordance with section 13 (see below) 'Termination of this Contract’.
Please note: You may cancel your Customer Agreement by emailing us at the email address of your club, on the website www.creofitness.co.nz within 5 working days of your Customer Agreement being accepted. If you cancel within this time, we’ll refund any credit balance to you once any goods you have received are returned (unless you have paid for them separately) and any additional services provided, such as gym usage, specialist classes and personal training sessions, have been paid for.
02 MEMBERSHIP ENTITLEMENTS
Unless you have a ‘Single Club’ Customer Agreement, your membership entitles you to use all Creo Clubs.
03 MEMBERSHIP NOTES
Please note that your membership doesn’t include food or drink, the cost of specialist classes (where applicable), or personal training services. Unfortunately, we can’t guarantee that the equipment you want to use will always be available.
04 FITNESS CONTRACTORS
Approved personal trainers and other specialists operate from our Clubs as independent contractors, not Creo employees or agents. When you use an independent contractor’s services, you are entering into a contract directly with them and must pay them separately from any Creo Regular Payments.
Creo is not liable or responsible for any fees paid to a personal trainer or other third party. If your membership is part of a package that includes personal training, we may arrange that personal training on your behalf, but the personal trainer will supply that service directly to you.
05 FEES
You agree to pay all fees set out in your Customer Agreement by the due date specified for payment. Depending on your Customer Agreement, these fees may include:
It is a condition of your membership that you sign a direct debit form or credit card authority form (as applicable) before we accept this agreement and you begin attending a Club. If you change your account, you also agree to notify us and complete a replacement direct debit form or credit card authority form.
From time to time, there will be necessary adjustments to membership fees. After the end of your Minimum Period, we may adjust the amount of your Regular Payments, however, we will give you at least 4 weeks' prior written notice of any fee increase.
Please note: If you have a Tertiary, High School, Corporate Membership or Health Partner membership, we may ask for evidence of continued study or Corporate Membership employment or Health Partner membership, during or at the end of your Minimum Period. If you cannot provide adequate evidence, your membership payments will default to standard membership rates.
We want you to make the most of your membership and we encourage you to come as often as you like. However, we cannot provide any refunds for unused time.
If your Customer Agreement includes a special promotional price it is for a set period of time only. The promotional period runs from the day you join the Club through to the date on your Customer Agreement that Regular Payments start. After the promotional period ends, your membership fee will revert to the rate shown on your Customer Agreement.
06 CLUB RULES
Every Creo Club has Club Rules which you agree to comply with. Club Rules enable all members to work out safely and make the most of their time with us. Please be aware that any breaches of Club Rules may result in termination of your Customer Agreement and you may also be prevented from re-joining later. As well, we may seek compensation for any costs incurred, including legal costs on a solicitor-client basis.
You can find our Club Rules at the reception of each Creo Club and on our website.
Please note: Club Rules may be updated from time-to-time and they also vary slightly from Club to Club. Please make sure you familiarise yourself with them – particularly when you go to a new Club. If you have any questions about what you can and cannot do, please ask at a Club’s reception.
We want our Clubs to be safe for everyone so here are some important rules that apply to all Clubs:
07 WHAT HAPPENS IF YOUR PAYMENT DOESN'T GO THROUGH?
If your membership fees are outstanding at the relevant due date (including unprocessed credit card or direct debit payments), you will be politely asked to settle your account before working out.
08 OVERDUE PAYMENTS
It is your responsibility to keep your account in funds and to pay your own bank fees – including any fees your bank charges if your account is overdrawn because of a direct debit being processed. If your direct debit fails, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. A default charge of $14.95 will be charged for each dishonoured payment.
If your account with us is more than 4 weeks in arrears, please understand that your details will be sent to a collection agency and that you agree to pay all our reasonable collection costs, including actual legal fees.
09 SAFE WORKOUTS AND OUR RESPONSIBILITY
It is your responsibility to make sure you work out safely in Creo Clubs. We acknowledge your rights as a consumer under the Fair-Trading Act 1986 and the Consumer Guarantees Act 1993, but provided we have acted with reasonable care and skill, we will not be held liable for any direct, indirect or consequential loss or damage of any kind, whether to you or your property. Compensation for personal injury by accident in New Zealand is covered by the Accident Compensation Act 2001.
If you have any doubts about your fitness and capability to exercise, or if you have a medical condition that may affect your safety or wellbeing, we strongly recommend that you get advice from a doctor before using our Clubs. For the safety of all, each member is responsible for correctly using all Club facilities, reading Club signs and notices, and following staff instructions. We strongly recommend that all members complete an introduction to the gym. Please ask for an introduction if it is not offered to you, and always ask a staff member if you are unsure about how to use any equipment.
10 OTHER CREO CLUBS
Your membership entitles you to make use of all Creo Clubs, unless you have subscribed to a Single Club membership.
If you have a “Single Club” membership and want to use another Creo Club on a casual basis at any time, your access to that Club is at the other club’s discretion and may require payment of a casual visit fee.
11 PAUSING YOUR MEMBERSHIP
If you join for a Minimum Period longer than six months, then you may Pause your membership for one time during the membership term for either :
During the Pause you will not be required to pay your regular payments and will not have access to the Club.
At our sole discretion, we may be able to offer an extended Pause with terms pertaining to your specific situation. Please call us at the Club reception to chat further.
12 TRANSFERRING YOUR MEMBERSHIP
From Club to Club
If you use another Creo Club for the majority of your visits over a period of time, we may require you to transfer to that Club.
If you want to transfer your membership to another Club, the following rules apply:
When transferring Clubs on a Single Club membership, your Regular Payment fee will change to the then-current standard membership fee charged by the new Club for your membership type, for the same Minimum Period. Your Minimum Period end-date will remain the same.
If you have a Multi Club membership you have access to all of our Clubs nationwide. If the majority of your visits over a period of time is to a Club other than your ‘Home’ Club, Creo may transfer your membership to that other Club. Your membership Fee will remain the same. Your Minimum Period end-date will remain the same.
If you have a Customer Agreement that includes a special promotional price period, you cannot transfer Clubs during the Minimum Period.
From Plan to Plan
If you want to transfer your membership to another Plan, the following rules apply:
You cannot transfer to a shorter-term Minimum Period within the Minimum Period of your existing Customer Agreement.
If you have a Customer Agreement that includes a special promotional price period, during the Minimum Period you can only transfer it from a Single-Club to a Multi-Club plan.
13 TERMINATION OF THIS CONTRACT
Termination by you:
If you wish to terminate your membership, you must provide at least 10 days prior written notice of this intention, by email to your Club email address on our website. Once you have made your request, we will be in touch with you promptly to finalise the process. Direct debits of Regular Payments will be stopped after the end of your notice period.
Please note: You are contracting to remain a member for the Minimum Period. The monthly fee that you pay reflects your contracted Minimum Period.
If you choose to terminate your Customer Agreement before the end of your Minimum Period, you must pay a termination fee of 25% of the balance of the membership fees you are contracted to pay for your full Minimum Term, up to a maximum fee of $150 (Termination Fee).
We may debit any applicable Termination Fee from your bank account. If any prepayment for your membership is greater than the Termination Fee, we will arrange a refund. Termination will be effective from the start of your next billing period.
No Termination Fee will apply if you choose to terminate after the end of your Minimum Period.
If you are considering terminating because of illness, injury or financial hardship, please talk to us first. At our sole discretion, we may be able to offer an extended Pause with terms pertaining to your specific situation. Email your club at the email address to arrange a time to talk.
Termination by Creo:
If at any time we reasonably believe you to be in breach of your Customer Agreement terms, we reserve the right to cancel your membership, effective immediately, by giving you notice in writing. Customer Agreement breaches include:
Any exercise of our rights to terminate your Customer Agreement is without prejudice to any other rights and remedies available to Creo under these General Terms or at law.
14 FORCE MAJUERE
We will not be liable for or responsible for any failure to perform any of our obligations under these General Terms that is caused or contributed to by any event that is outside our reasonable control, including without limitation acts of God, riots, acts of war, terrorism, epidemics, governmental action, fire, power failures, earthquakes or other disasters.
15 UNPLANNED CLOSURE
There may be occasions when we are required to close all, or part of, our Clubs’ operations and services. In such circumstances, you may be entitled to a partial or full refund if we cannot transfer you to another Club or, where reasonable, Pause your membership for the period of closure. We will endeavour to advise you in advance of such a situation, where possible, unless the issue is urgent or an emergency. Where possible, we will try to ensure that any such closures are in off peak hours and are kept to a minimum.
16 CHANGES TO YOUR CUSTOMER AGREEMENT
From time to time we may need to make changes to our General Terms or your Specific Membership Terms (including adjustments to membership fees). If any changes are required, they will not apply retrospectively. Generally, we endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. Except where we are required by law to make the change, if you find a modified term unacceptable you may terminate your Customer Agreement by giving us the standard advance notice, even if you are within your Minimum Period. Please ensure you are referring to the latest General Terms by referring to the date at the top of this document.
17 PRIVACY
These General Terms should be read in conjunction with our Privacy Policy which you can find on our website www.creofitness.co.nz. Our Privacy Policy governs how we may process and use any personal information we may collect from you during the course of your membership.
18 DEFINITIONS
In these General Terms, capitalised terms have the meanings given to them in your Specific Membership Terms and:
General Terms means these general terms available on this page, as updated from time to time.
Customer Agreement means your Specific Membership Terms together with these General Terms.
Specific Membership Terms means the specific terms setting out the commercial terms of your membership as agreed by the parties and emailed to you upon joining.
