SMA MEMBERSHIP TERMS

EFFECTIVE DATE: 6th February 2023

1.0 Introduction

1.1 This Contract governs your right to use the Services, other rights you have and payment terms including how Shizoku Martial Arts limited (“the Facility”) will debit your nominated bank account or credit card for any instalments or payments due by you under this Contract.

1.2 All queries regarding payment terms should be directed to Shizoku Martial Arts limited and all queries regarding the provision of the Services should be directed to the Facility.

1.3 In the event of any inconsistency between the terms of this Contract and any terms, conditions and contractual agreements made between the Facility and you the terms of this Contract shall prevail unless otherwise agreed.

1.4 Shizoku Martial Arts reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Services in accordance with clause 5.​

2.0 Notices

2.1 All notices to Shizoku Martial Arts limited may be sent as follows: Shizoku Martial Arts limited info@smakarate.co.nz

2.2 You may also contact Shizoku Martial Arts limited via the following methods: Via our website: www.shizokumartialarts.co.nz

3.0 Definitions

3.1 In this Contract, the following words mean:

“Administration Fee” means the one-off fee of the amount set out in the Payment Plan Section;

”Stripe / Credit Card Surcharge” means the credit card transaction fee charged by the banking merchant

“Commencement Date” means First Payment Date (unless otherwise agreed);

“Contract” means this contract (which includes, without limitation, the membership details section, customer details section, Payment Plan Section, direct debit section, declaration section, these terms and conditions and conditions of instruction to accept direct debits);

“Customer” or “you” means the person entering into this Contract;

“Shizoku Martial Arts” “SMA” is the martial arts facility, its employees and any of its representatives;

“Facility” means the entity providing the Services to you, and/or the entity’s franchisees (as applicable);

“Facility Details Section” means the terms set out in the box headed “Facility Details”;

”Late payment fee” means the fee charged when a payment defaults;

“Minimum Term” means the agreed minimum term, billing cycle for this Contract;

“New Facility” has the meaning set out in clause 5.2;

“Personal Information” means any information that can or may be used to identify you including your name, address, e-mail address and payment information;

“Services” means the right to use the services provided by the Facility to you and includes any reasonable changes made to such services following the Commencement Date to the extent that such changes do not materially disadvantage you;

”Suspension fee” means the fee charged when a member puts their membership on hold “working days” means any day other than a Saturday, Sunday or public holiday including anniversary day in Christchurch New Zealand.

4.0 Term

4.1 This Contract will start on the Commencement Date and notwithstanding any Minimum Term, will renew and continue indefinitely until terminated in accordance with clause 5 or otherwise in accordance with this Contract.

4.2 The minimum term indicated upon registration will rollover for another term of the same length upon its expiry unless terminated in accordance to clause 5.

5.0 Termination and Suspensions

5.1 If you wish to terminate this Contract, then you may do so in accordance with this clause:

5.1.1 You acknowledge that you have agreed to a Minimum Term for this Contract. If you wish to terminate this Contract on the expiry of the Minimum Term, you must give written notice of termination to SMA on or prior to the date of expiry of the Minimum Term.

5.1.2 All cancellations will be actioned upon completion of the cancellation form. Your account will then be closed at the end of your CURRENT minimum term or billing cycle and you won’t be charged again.

5.1.6 If you have signed a contract but have not attended any classes, you are not required to provide notice and will not incur a termination fee.

5.2 SMA may terminate this Contract immediately by giving notice in writing to you if you are in breach of this Contract (including failure to make payment) and the breach has not been remedied 10 working days after notice has been given to you requiring the breach to be remedied.

5.3 You may terminate this Contract immediately by giving notice in writing to if we are in material breach of this Contract and the breach has not been remedied 10 working days after notice has been given to SMA requiring the breach to be remedied.

5.4 Termination of this Contract will also terminate the instruction to accept direct debits.

5.5 Where you have suffered a permanent injury or illness that prevents exercise for a period of more than 12 months and you provide evidence of that injury or illness to SMA, SMA may, at its discretion, waive any remaining minimum term or billing cycle requirements.

5.6 If you decide to reactivate your membership in the future (and we hope you do) membership rates in effect at the time of reactivation will be applicable as membership rates are subject to change – i.e. your old rate may no longer be available if prices should change.

SUSPENSION/HOLDS:

5.7 For memberships that have had minimum duration of twelve (12) months or more the contract can be put on hold for a maximum period of FOUR (4) WEEKS with no additional fees. Any hold period beyond 4 weeks, a buck per day ($1+GST) will be charged to your account

5.8 For memberships that have had a minimum duration of six (6) months, the contract can be put on hold for a maximum period of TWO (2) WEEKS with no additional fees. Any hold period beyond 2 weeks, a buck per day ($1+GST) will be charged to your account

5.9 For memberships that have had a minimum duration of three (3) months, the contract can be put on hold for a maximum period of ONE (1) WEEK with no additional fees. Any hold period beyond 1 week, a buck per day ($1+GST) will be charged to your account. For memberships that have had a minimum duration of less than three (3) months, the contract can be put on hold for a buck per day ($1+GST) will be charged to your account. Suspension due to medical reasons will require a medical certificate and be considered on a case by case basis with a maximum hold period of EIGHT (8) WEEKS.

6.0 Further customer agreements

6.1 You agree that:

6.1.1 Change in location details – Neither a reasonable relocation of the premises where the Services are ordinarily provided (to the extent that such relocation is within a 6km radius), nor changes in the ownership of the location(s), or the name of the business, affects your obligations under this Contract except to the extent that such change disadvantages you;

6.1.2 You shall: (a) comply with any reasonable rules and conditions of the location relating to the Services; and (b) make any payments required under this Contract when due.

6.1.3 Electronic communications – You agree that SMA may communicate with you electronically (including via email) in relation to this Contract, understanding that at times these communications will contain confidential and or commercially sensitive information. SMA will take all reasonable steps to mitigate any risk of unauthorised access or disclosure of confidential information, but cannot guarantee that such communications will not be intercepted or read by an unintended recipient.

6.2 You must inform SMA of any changes in name, address, contact details or payment details. You agree that SMA is entitled to take payment from the account set out in the direct debit section of this Contract or via supplied Direct Debit and/or Credit Card on file until you provide SMA with any new account details that should apply, even after the payment card has expired.

7.0 Payments

7.1 You may pay up all amounts due during the Minimum Term at any time.

7.2 You shall pay the amounts and at the frequency indicated by your agreement to this Contract.

7.3 You may alter the frequency of payments from weekly to fortnightly or monthly (and vice versa) and/or day to debit by requesting a change with SMA. However, any changes shall not affect the total amount you would otherwise be required to pay. SMA will provide you with a summary of the changes that are made prior to the changes taking effect.

7.4 Should there be any payments in arrears, you authorise SMA to debit the outstanding balance in order to bring the account up to date. Where the day to debit does not fall on a working day, the payment will be processed on the next working day.

8.0 Fees

8.1 The Membership Fee where applicable is payable by you on signing this Contract for administrative costs associated with your membership.

8.2 A Stripe / credit card surchage of 2.9% may be applicable on transactions. This is the direct fee paid at cost to the merchant

8.3 If you default in making any payment when it is due you shall also pay the fees stated in clause 9 (Debt Collection Action).

8.4 You authorise SMA to take any fees owing under this clause by direct debit or card on file and to add any fees owing under this Contract to any instalments paid by you (as a separate payment or otherwise).

9.0 Debt Collection Action

9.1 Where you default in making any payment when it is due under this Contract you:

9.1.1 authorise SMA to notify any debt collection or credit reporting agency of the default;

9.1.2 where SMA refers the debt to a debt collection agency, you authorise SMA to add $50 to the outstanding debt being its fee for dealing with the default; and

9.1.3 agree to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).

10.0 Privacy

10.1 Personal Information will be collected from you when you enter into this Contract and when you receive the Services. 10.2 SMA are entitled to store your Personal Information (whether received from you, the Facility or otherwise) on their systems and use it for the following purposes: 10.2.1 administering and enforcing this Contract;

10.2.2 providing the Services;

10.2.3 offering alternative products and services;

10.2.4 communicating with you;

10.2.5 marketing and promotion; and

10.2.6 data aggregation and analysis.

10.3 SMA may share your Personal Information with:

10.3.1 Each other;

10.3.2 Other facilities; and

10.3.3 Other third parties including service providers and software providers; in connection with any purposes mentioned in clause 10.1. 10.4 You have rights of access to, and correction of, your Personal Information under the Privacy Act 1993.

10.5 SMA acknowledges that:

10.5.1 it is responsible for the security of your personal information that it possesses or otherwise stores, processes, or transmits on your behalf; and

10.5.2 It will maintain all applicable Payment Card Industry Data Security Standard requirements to the extent that it handles, has access to, or otherwise stores, processes or transmits your cardholder data or sensitive authentication data.

11.0 Liability

11.1 You agree that under no circumstances will SMA be liable to you or in any way responsible for the provision of the Services or for the use by you of the training location premises.

11.2 The parties agree that neither you, SMA (or any of their related companies, directors or employees) will be liable for any injury, loss or damage that is not reasonably foreseeable, that arises out of or in relation to this Contract.

11.3 Nothing in this clause is intended to have the effect of contracting out of the Consumer Guarantees Act 1993, except to the extent permitted by law.

12.0 Contractual Privity

12.1 You acknowledge that SMA will collect the instalments due under this Contract and, may use 3rd party organisations to perform this duty on its behalf.

13.0 Severability

13.1 If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.

14.0 Disclosure

14.1 SMA is required to provide you with initial disclosure of the key terms of this Contract. You acknowledge that this is provided by this Contract being sent to your e-mail address. 14.2 SMA may be required to provide you with regular statements providing information about your account. Where SMA are required to provide statements, these will be provided every six months.

14.3 You consent to the information referred to in clause

14.2 being disclosed by way of our website. To the extent that the website does not have this functionality when you enter into this Contract SMA will notify you of the website address when it is available.

15.0 Dispute Resolution

15.1 If you have any dispute or complaint regarding the terms of this Contract you should, in the first instance, contact SMA by email to info@smakarate.co.nz, and SMA will attempt to respond within 7 days of you making contact.

17.0 Statement of Right to Cancel

17.1 You have a right to cancel this Contract by giving written notice of the cancellation to the SMA within:

17.1.1 5 working days of the date that this Contract is given to you (where this Contract is given to you); or

17.2 To cancel you must give written notice of your intention to cancel the Contract by:

17.2.1 giving notice to SMA; or

17.2.3 emailing the notice to SMA; or

17.2.4 discussing with the Head Coach & Owner of SMA

17.3 If you cancel this Contract under this clause you may be charged an amount equal to any reasonable expenses SMA had to pay in connection with the Contract and its cancellation.

18.0 Unforeseen Hardship

18.1 If you suffer illness, injury, loss of employment, the end of a relationship or other reasonable cause, that results in you being unable to reasonably keep up with your payments you may apply to change the terms of this Contract by requesting:

18.1.1 An extension of the term of this Contract, which will reduce the amount of each payment due under this Contract;

18.1.2 A postponement of the dates on which payments are due under this Contract for an agreed period; or

18.1.3 Both an extension and postponement of payments.

18.2 To apply for a hardship variation you should:

18.2.1 Make an application in writing; and

18.2.2 Explain your reason(s) for the application.

19.0 Interpretation

19.1 Any reference in this Contract to legislation is to legislation in force and includes any subordinate legislation, by-law, regulation, order, statutory instrument or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

20. Marketing

20.1 Photos and video footage may be taken during classes, and used online for club updates, educational or promotional purposes forevermore.  If you wish to be excluded from these, please advise by emailing info@smakarate.co.nz.