1. Acceptance of these terms
By joining KRIVAAN Fitness Centre, purchasing a membership or casual pass, booking a class or personal training session, or otherwise using our facilities at Albany, Auckland, you agree to these Terms of Service. If you do not agree with these terms, please do not use our facilities or services.
These terms apply together with our Privacy Policy. Where you sign a membership agreement, that agreement and these terms both apply, and these terms fill any gaps in the membership agreement.
2. Membership and eligibility
Membership is open to individuals aged 16 years and over. Members aged 16 or 17 may require the written consent of a parent or guardian before their membership is activated. You confirm that the information you provide when joining, including your contact details and any health disclosure, is accurate and complete, and you agree to keep your contact details up to date.
Memberships are personal to you and are not transferable to another person unless we agree in writing. You must not allow any other person to use your access credentials. Misuse of access credentials may result in suspension or cancellation of your membership under clause 9.
3. Payments and fees
Membership fees, casual visit fees, personal training rates and any joining fees are set out in your membership agreement or on our current price list at the time you join. By providing payment details, you authorise us to charge the fees due under your membership, including any agreed periodic payments.
We will give you reasonable written notice before any change to your membership fees takes effect. If a payment fails, we may suspend access to the facility until the outstanding amount is paid. Where a direct debit is used, third-party payment provider fees may apply and will be disclosed to you before you sign up.
4. Cooling-off period, holds and cancellations
New members may cancel their membership within the cooling-off period stated in their membership agreement and receive a refund of the joining fee and any unused prepaid fees, in accordance with New Zealand consumer law and the terms of the membership agreement.
Fixed-term memberships may be placed on hold for a limited period by written request where permitted under your membership agreement. To cancel a membership, please contact us at ceo@krivaan.site. Any notice period and applicable cancellation terms will be those set out in your membership agreement.
5. Health and safety
Your health and safety is our priority. Before using the gym or starting a training programme, you must complete our member induction or orientation, and you should seek medical advice if you have any pre-existing condition, injury, pregnancy or other health concern that may affect safe exercise.
You agree to:
- Use equipment only for its intended purpose and follow staff instructions at all times;
- Use a towel, wipe down equipment after use and re-rack weights;
- Not attend the facility while unwell with a contagious illness;
- Report any damaged or faulty equipment, spills or hazards to staff immediately;
- Follow all posted facility rules, including rules on appropriate footwear and clothing.
We may refuse entry or ask you to leave the facility if your behaviour endangers you or others, or breaches these terms or facility rules.
6. Assumption of risk
Physical exercise carries inherent risks, including muscle strain, soft tissue injury and, in rare cases, more serious injury. While we take reasonable care to maintain our equipment and facilities and to provide qualified staff, you accept that training at a gym involves a level of physical risk that cannot be entirely eliminated.
7. Personal training and programmes
Personal training sessions and structured programmes are provided by our trainers. Session bookings may be rescheduled or cancelled by giving the notice stated at the time of booking; sessions cancelled with insufficient notice may be charged in full. Trainers may be changed where required due to illness, leave or departure, and we will offer a suitable alternative where possible.
Training advice and programmes are provided for general fitness purposes and are not medical advice. Nothing on our website or in our programmes should be treated as a substitute for advice from a registered medical practitioner.
8. Liability
Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993, including the guarantee that our services will be provided with reasonable care and skill, where those rights apply. Where you are in trade and acquire our services for a business purpose, you agree that the Consumer Guarantees Act 1993 may not apply, and our liability is limited as permitted by law.
We comply with our obligations under the Fair Trading Act 1986 and will not engage in misleading or deceptive conduct. Nothing in these terms purports to exclude, restrict or modify the application of the Fair Trading Act 1986 where to do so would be unlawful.
To the extent permitted by law, and except where the Consumer Guarantees Act 1993 applies, we are not liable for any loss of profit, indirect or consequential loss arising from your use of our facilities or services. You are responsible for your personal belongings while at the facility; we recommend using lockers and not bringing valuables.
9. Suspension and termination by us
We may suspend or cancel your membership, without refund of fees already paid for the current period, if you:
- breach these terms or facility rules repeatedly or seriously;
- engage in abusive, threatening, discriminatory or violent behaviour toward staff or other members;
- allow another person to use your membership or access credentials;
- fail to pay fees due after reasonable notice.
We may also close or relocate the facility. Where we close the facility permanently, we will provide a pro-rata refund of prepaid, unused membership fees or offer a comparable alternative.
10. Facility hours, classes and changes
Opening hours, class timetables and service availability may change from time to time, including for public holidays, maintenance, or events. We will give reasonable notice of significant changes by email or by notice at the facility.
11. Photography and filming
Photography and filming of other members or staff without their consent is not permitted. We may photograph or record areas of the facility for security and marketing purposes in accordance with our Privacy Policy. If you do not wish to appear in marketing material, please let us know at ceo@krivaan.site.
12. Privacy
We collect and handle your personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy. By becoming a member, you consent to the collection, use and disclosure of your personal information as described in that policy.
13. Changes to these terms
We may update these Terms of Service from time to time. The current version will always be published on this page. Where a change materially affects your membership rights, we will give you reasonable notice before it takes effect. Continued use of our facilities or services after a change takes effect constitutes acceptance of the updated terms.
14. Governing law
These terms are governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction over any dispute arising from them.
15. Contact us
If you have any questions about these Terms of Service, your membership or our services, please contact us at ceo@krivaan.site or visit us at KRIVAAN Fitness Centre, Albany, Auckland, New Zealand.