Terms and conditions for flexi payment members of Council Recreation & Sport Centres.
In this Agreement unless the context other wise requires:
"Agreement" means the Membership Registration Form and these Ter ms and Conditions of Membership.
"CCC Recreation and Sport Centres" means the recreation and spor t centres operated by the Council and known as Pioneer Recreation and Spor t Centre, Graham Condon Recreation and Sport Centre, QEII Fitness at Parklands, and Jellie Park Recreation and Sport Centre.
"Council" means the Christchurch City Council and its employees, agents, consultants and contractors.
"Member" means the person named on the Programme Registration Form and references in these Terms and Conditions to "you" or "your" is a reference to the named member.
"Membership Booklet" means the booklet available at all CCC Recreation and Sport Centres which contains the Rules of Use and information about use of the CCC Recreation and Sport Centres, as amended by the Council at any time at its discretion.
"Membership Registration Form" means the attached registration form for becoming a Member of the CCC Recreation and Sport Centres, which must be completed and signed by the Member and their parent or legal guardian if they are under 18 years of age.
"Rules of Use" means the rules pertaining to the use of the CCC Recreation and Sport
Centres, contained in the Membership Booklet, as amended by the Council at any time at its discretion.
2. APPLICATION OF AGREEMENT
2.1 This Agreement is between the Member ("you") and the Council and applies to your access to, and your use of, the CCC Recreation and Sport Centres.
2.2 This Agreement constitutes the entire agreement bet ween you and the Council relating to your membership of the CCC Recreation and Sport Centres and replaces all prior agreements or under takings, whether written or oral.
3. MEMBERSHIP TYPE
3.1 The membership type for this Agreement is specified on the Membership Registration Form. The entitlements for each membership type are set out in the Membership Booklet.
3.2 You may transfer between different Membership types. We reserve the right to change the direct debit amount to reflect any fee increases.
4. MEMBERSHIP PERIOD
4.1 Your membership will commence on the Start Date. You can cancel your membership at any time after 12 weeks of active membership by completing a Withdrawal Form. Active membership does not include any period of time that your membership was f rozen by yourself or suspended by the Council.
4.2 Should you cancel you membership before the end of the minimum 12 week period you will be required to pay the equivalent of 12 week s of membership fees.
5. MEMBERSHIP FEE
5.1 You agree to pay the membership fee by direct debit in the amounts specified on the Membership Registration Form and in accordance with clause 6.
5.2 Any discount card must be presented at the time of registration or renewal in order to receive the discount. Discounts cannot be applied for, or applied to a membership retrospectively. You are required to show proof of discount eligibility once a year.
6. PAYMENT BY DIRECT DEBIT
6.1 You are required to complete a Christchurch Cit y Council Monthly Direct Debit Authority
("Authority") and all membership fees and other payments due to Council shall be paid under that Authority.
6.2 In accordance with the Authorit y the Council will give written notice to the Member of the commencement, frequency and amount of payments.
6.3 We reserve the right to change the direct debit amount to reflect any fee increases. You will be notified at least one month in advance of any changes to the fees to your last known address or email and by poster in the facility.
6.4 Should you default on a payment you will have 10 days from the date the payment was due to pay. If the payment is not received within 10 days your membership will be suspended. Should you default on a second payment your membership will be terminated, this Agreement will be terminated and the debt will be passed to a collection agency. You are liable for any collection costs incurred.
7. RULES OF MEMBERSHIP
7.1 You agree to comply with at all times:
(a) the Rules of Use as displayed at each CCC Recreation and Sport Centre;
(b) any other rules and conditions imposed by the Council on members at any time and at the Council’s discretion; and
(c) any lawful and reasonable directions of the Council notified to Members of the CCC Recreation and Sport Centres, at any time and at the Council’s discretion.
7.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on CCC Recreation and Sport Centres’ premises, and you must comply with the Council’s health and safety requirements, including those directed to your own health and safety. If you carry out any activity which is illegal, or which the Council considers is offensive, threatening, inappropriate or a danger to you or any other person, the Council reserves the right to suspend your membership or terminate this Agreement. The Council’s decision as to what constitutes an offensive, threatening, inappropriate or dangerous activity shall be final and binding on you.
8. SUSPENSION OF MEMBERSHIP
8.1 The Council may, at any time by notice in writing, immediately suspend your membership and exclude you from all CCC Recreation and Sport Centres for a period of time which the Council in its discretion considers reasonable, if you breach any term of this Agreement, including without limitation:
(a) Breaching the Rules of Use, or any other rules and conditions imposed by the Council, or any other lawful and reasonable direction of the Council; and
(b) Carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on CCC Recreation and Sport Centres’ premises.
8.2 During a period of suspension all payments owing by you to the Council under this Agreement must be made. You will not be reimbursed for any period of your membership missed/lost due to a suspension.
9. FREEZING YOUR MEMBERSHIP
9.1 You may freeze your membership for a minimum period of two weeks and a maximum period of 6 months by completing a Membership Freeze For m. An administration fee must be paid at the time of f reezing your membership and a reactivation date specified.
9.2 A membership may not be frozen retrospectively.
9.3 On your specified return date or after 6 months, your membership will be automatically reactivated. You are required to give five days notice for any change to the specified Reactivation date.
9.4 You approve the Council amending the direct debit for the first payment after the freeze period for the balance of days between reactivation of membership and your first payment date after reactivation.
10. TERMINATION OF AGREEMENT
10.1 The Council may, at any time, terminate this Agreement immediately by giving you notice in writing if you breach any term of this Agreement, including but not limited to:
(a) Failing to pay two consecutive direct debit payments on the due date;
(b) Breaching the Rules of Use, any other rules and conditions imposed by the Council, or any other lawful and reasonable direction of the Council;
(c) Carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on CCC Recreation and Spor t Centres’ premises.
10.2 If this Agreement is terminated by the Council due to your breach, you will remain liable to the Council for any unpaid amounts due and owing to the Council under this Agreement. Any unpaid amounts will become immediately due and payable even though the payment dates for such amounts have yet to occur. The Council will also be entitled to recover from you any costs incurred by the Council in recovering any such amounts from you.
10.3 A Flexi Membership can be stopped any time by you completing the Membership Stop Form, provided 12 weeks of active membership have elapsed since the membership commenced. Should you wish to withdraw before the end of the 12 week period you are required to pay for a minimum of 12 week s membership fees.
10.4 You have a right to terminate this Agreement as set out on the Membership Registration Form.
10.5 Subject to clause 10.3 and 10.4 , you may terminate this A greement on 30 days notice in writing if you are, in the Council’s reasonable opinion, adversely affected by any changes made by the Council (in accordance with the Council’s right under clause 14.1) to this Agreement, the Membership Booklet and/or the Rules of Use.
11. CLOSURE OF FACILITIES
11.1 From time to time, the Council may have to or choose to close parts of its CCC Recreation and Sport Centres for repairs, general maintenance, refurbishment or health and safety emergencies. In the event of such closure for a period of more than two days and where the period of closure is part of that centre’s normal opening hours, the Council will use its best endeavours to transfer your membership to another centre for this period. The Council will provide, at its discretion, a credit for any such period.
12. COUNCIL'S LIABILITY TO YOU
12.1 You have rights under the Consumer Guarantees Act 1993. Subject to these rights, and any rights given to you under this Agreement:
(a) Provided the Council acts with reasonable care and skill, the Council will not be liable or responsible to you and liability is excluded to the fullest extent permitted by law for any direct, indirect or consequential injury, loss or damage suffered by you or to your property in connection with this Agreement or your membership of the CCC Recreation and Sport Centres.
(b) In the event that Council is liable to you for any reason, the Council's liability to you is limited to a maximum amount equal to the value of the fees payable by you to the Council under this Agreement.
13. YOUR LIABILITY TO COUNCIL
13.1 You indemnify the Council in respect of all costs (including legal costs), claims, liabilities, losses, damage and expenses suffered or incurred by the Council and any other person claiming through the Council as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to your use of the CCC Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination of this Agreement.
14.1 The Council may, at any time and at its discretion, make changes to this Agreement, the Membership Booklet and the Rules of Use. Any such changes will be notified to you at least 30 days in advance of such change becoming effective through notice in the Recreation and Sport Centre(s) and by writing to your last known address and/ or by email to your last known email address.
14.2 This Agreement and your rights under it shall not be transfer red or assigned to a third party.
14.3 No right under this Agreement shall be deemed to be waived except by notice in writing signed by you and the Council. A waiver will not prejudice rights in respect of any subsequent breach.
14.4 These terms and conditions are governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. WITHDRAWAL AND RE-ENROLMENT
15.1 Where a Member cancels an Agreement by exercising their rights contained in the Right of Cancellation in the Programme Registration For m the Council may, at their sole discretion, refuse to accept any new Membership Registration Form from the Member for a period of one month from the withdrawal.
16.1 The address for notices to the Council is:
Recreation & Sport Unit
Administration Team Christchurch City Council
PO Box 73014
1. By completing a Membership Registration Form you are providing personal information about yourself to the Council. You agree that the Council may use that information for the purpose of:
2. The information may be given to appropriate Council staff and/or a credit agency in the event of the Council deciding to take action against you for the recovery of outstanding debts.
3. You agree that you may be contacted by post, email and telephone (including automated telephone messages and text messages) and that the Council will not be responsible for third parties accessing any mail, email transmissions or telephone messages sent to you.
4. Personal information about you will be held by the Council. You may have access to that information and request changes to it.
5. You are not required by law to provide personal information. However, if you do not supply the information requested on the Membership Registration Form then the Council may be unable to process your application.
6. If Council provides credit to you at any time, Council may use the information you give Council to check your credit status - to do this Council would give your information to a credit reporter and they may update their records with the information Council gives to them, and provide it to others who wish to credit check you.