9Round (old) Membership Terms and Conditions
End Date: 21 April 2025
NEW ZEALAND 9ROUND MEMBERSHIP TERMS AND CONDITIONS
FITNESS PRODUCTS AND SERVICES STATEMENT
Having a membership at 9Round™ allows you access to a group fitness experience based on kick boxing. During 9Round™ operating hours members are able start a new circuit every three minutes and will be assisted either by a Trainer during staffed hours, or a virtual trainer during unstaffed hours to guide, motivate, and push you during your workout. New workouts are undertaken every day so your body is always challenged, and you never get bored.
DEFINITIONS. In this Agreement, “Club Owner” means the person or persons who are an independent 9Round™ franchisee. “Club” means the club at which the Agreement is signed. “I” and “member” means the person(s) whose name(s) and signature(s) and initials appear on this document. Member is responsible for updating address and contact information.
CONSUMER GUARANTEES ACT. Nothing in this Agreement shall restrict, negate, modify, or limit any of your rights under the Consumer Guarantees Act 1993 unless you are in trade and you are acquiring our goods or services in trade in which case you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
FAIR TRADING ACT. Nothing in this agreement shall restrict, negate, modify, or limit any of your rights under the Fair Trading Act 1986 unless you are in trade and you are acquiring our goods or services in trade and we have included terms of the type set out in section 5D of the Fair Trading Act 1986 (no contracting out: exception for parties in trade).
MEMBER’S RIGHT TO CANCEL – COOLING OFF PERIOD. If I wish to cancel this Agreement, I may cancel by physically or electronically (email) delivering or mailing a written notice to the Club. The notice must say that I do not wish to be bound by the Agreement and must be delivered or mailed within 48 hours after I sign this Agreement. The notice must be delivered or mailed to the address indicated above. If I cancel, the Club will return, within 10 days of the date on which I gave notice of cancellation, any payments I have made. All refunds will be by credit or check; there are no cash refunds.
MEMBER OBLIGATIONS. This Agreement is a legally binding obligation for which I am financially responsible. If I have a Minimum Term membership, I will automatically become a month-to-month member after the Minimum Term ends, and will be billed the then-current monthly membership rate unless I provide notice of cancellation. I understand that I must notify the Club of account changes at least five days prior to the billing cycle in order for such changes to take effect. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a personal trainer for anyone within the Club. I understand I am responsible for updating my address and contact information.
MEMBERSHIP PLANS AND TERMS
Home Club: I understand that my Home Club is the 9Round™Club that I initially joined. 9Round™memberships are reciprocal and my membership may transfer to another 9Round™location which will then be my new ‘Home Club’.
Minimum Term: I acknowledge that for month-to-month memberships, the “Minimum Term” is 30 days. For prepaid or Minimum Term memberships, the “Minimum Term” is the period specified in the membership plan; i.e., 3 months, 6 months or 12 months.
Month-to-Month or Minimum Term Memberships: I understand that this agreement is a legally binding obligation for which I am financially responsible and that this is an ongoing membership agreement. I agree that, if I fail to pay when a payment is due, I must immediately pay the amount owing. I understand that I will be charged each month as set forth in the Payment Authorisation form and that these payments will continue until 30 days after I submit a written notice of cancellation of my membership to the Club as instructed in this Agreement. I agree that I am bound by the membership payment terms and unpaid account balance due upon cancellation.
Pre-Paid Memberships: I understand that account / credit card details and photo ID must be provided as a security. I agree that this account / credit card will be debited in the event of a fine being incurred. I acknowledge and agree that the early cancellation fee for this membership is 25% of the fees that have been paid calculated on a pro-rata basis. I understand that all refunds will be by credit or direct deposit into a nominated account and that there are no cash refunds.
Corporate Membership Plan: If “Corporate” is the membership plan listed on the first page of this agreement, I agree that if the corporate plan is canceled, I may be liable to have an increase in membership dues to the then current price for an individual membership.
Ongoing Membership Agreement: If this is a month to month or minimum term agreement, this is an ongoing membership agreement. I understand that the agreement will continue until either I or the supplier terminate it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from my credit card or account until I or the fitness centre cancels the arrangement by notifying my bank or credit provider. If I terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then I may be liable to the fitness centre for damages for breach of contract.
CANCELLATION. After the end of my cooling-off period, I understand that I may also cancel a membership where:
When no cancellation fee will apply: The Club doesn’t keep its end of the deal; I become subject to medical incapacity; the Club makes changes to this agreement that adversely affects me; I become entitled to do so under consumer legislation;
When a cancellation fee may apply: I relocate or simply wish to cancel for any other reason. I may cancel my membership by delivering or mailing written notice to the Club. I understand that if this is a periodic Agreement, I may be billed for up to 30 Days after I cancel my membership and will have access to the Club during that time. If this is a periodic minimum term Agreement, an early cancellation fee of 25% of the membership fees for the balance of the minimum term must be paid to the Club.
OTHER WAYS A MEMBERSHIP CAN END
1. If the Club doesn’t keep its end of the deal: I understand that I can cancel my membership by written notice if the Club breaches any of its obligations under this agreement and has not remedied that breach within a reasonable time after I have given the Club a written request that the Club do so. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by the Club’s breach, the joining fee, membership fees for the time that I have been a member calculated on a pro-rata basis and any outstanding fees for other services already supplied to me.
2. I understand that I can cancel for medical reasons: I am able to end my membership by telling the Club in writing if I cannot exercise for the remainder of the Agreement’s term due to my death, illness or a physical incapacity and I or my estate produce supporting documentation to the Club’s reasonable satisfaction. In that event, I will only be charged the joining fee, membership fees for the time I have been a member calculated on a pro-rata basis and any outstanding fees for other services already supplied to me.
3. If my membership is no longer convenient: Otherwise, I understand that I can end my membership during the Minimum Term with immediate effect, and subject to the notice period, at any time by simply telling the Club in writing. The Club understands that circumstances change and so I do not need to give any reason. I understand that the Club will consider any request to transfer my membership and may agree to the transfer at the Club’s reasonable choosing subject to satisfaction of reasonable eligibility conditions and my payment of the transfer fee. The Club will never charge a cancellation fee if it agrees to a transfer to someone who is not currently a Member and they have paid the standard joining fee. In any case if my membership ends during the minimum term under this paragraph, I agree that I will be liable for the joining fee, membership fees for the time I was a member calculated on a pro-rata basis, any outstanding fees for other services already supplied to me and, except as mentioned above, the cancellation fee for Minimum Term or Pre-Paid Memberships. The cancellation fee applied will be calculated at 25% of the monthly fees remaining after the notice period. All refunds will be by credit or direct deposit into a nominated account – there are no cash refunds.
4. When can the Club end my membership? In addition to any other rights the Club has under this Agreement, I understand that the Club can terminate my membership by written notice to me if I fail to act in accordance with any obligation under this agreement or any other agreement between me and the Club and, if capable of remedy, I do not remedy the failure within a reasonable time of the Club giving me written notice requiring me to do so. However, I acknowledge that the Club will not seek to end my membership in this way if I have failed to make a payment and the Club is also in breach of a material condition of this Agreement. If the Club cancels this Agreement under this paragraph I agree that I will be liable for the joining fee, membership fees for the time I was a member, the cancellation fee and any other fees payable for further fitness services already supplied. I acknowledge that on rare occasions the Club may cancel a membership by written notice to the member without the need to give a reason. If the Club cancels my membership under this paragraph I agree that I will only be liable for the membership fees for the time I was a member and any other fees for other fitness services already provided. I acknowledge that no cancellation fee will apply and the Club will refund my joining fee together with the sum of $50. I agree that this payment is my sole entitlement to compensation for cancellation of my membership under this paragraph.
MINIMUM AGE. I acknowledge that generally all membership holders of 9Round™ must be a minimum of 16 years of age. All minors under the age of 18 must have a parent or guardian co-sign the membership agreement and acknowledgment of indemnity waiver.
OTHER FEE INCREASES. I agree that the Club may increase my membership fees or any other fees at any time. I understand that the Club will make a fair effort to tell me at least 14 days before by writing to me at the last address I provided (which may be an email address). Where the Club has done so, I authorize 9Round to increase any debits from my nominated account in line with this increase.
BUSINESS CHANGES. I understand that the Club Owner may sell or otherwise transfer the conduct of the Club in the future to a third party, and such sale or transfer may include the right to receive payments in association with the Payment Authorisation I have signed or will sign in connection with my membership (“Change of Business Ownership”). In the event that a Change of Business Ownership occurs, I acknowledge and agree that I may be notified of the Change of Business Ownership by email or a notice posted in reception area of the Club. I further agree that as a result of the Change of Business Ownership and the issuing of the notice, my payment arrangements will automatically be updated.
MEMBERSHIP PAUSE (FREEZE). I have the right to pause my membership in fortnightly blocks for up to three months per year, during which time I will not be charged standard membership dues. I must provide written notice at least five days in advance of my next billing cycle. I also understand that I will incur a charge per fortnight block for each pause period. For Minimum Term agreements, the membership will be extended for a period equal to the pause period. A membership cannot be cancelled during a pause period except for medical reasons.
FACILITIES AND SERVICES. The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.
PAYMENT DISHONOUR COSTS. I understand that it is my responsibility to ensure funds are available to pay my membership on the chosen debit date as per the Payment Authorisation. If my payment is declined by my financial institution I understand that the Club will incur costs associated with the decline and that it may charge a fee of up to $5 for each decline that occurs.
DEBT RECOVERY. If I owe the club any monies under the Membership Agreement and my failure to pay such monies causes the Club to enter into debt recovery process, then I will indemnify the Club in relation to all costs and disbursements incurred (including but not limited to administration fees, legal costs on a solicitor and client basis, collection agency costs, and bank fees).
LIMITATION OF LIABILITY. I agree that, unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. I agree that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these.
NO LIABILITY FROM THE FRANCHISOR. I acknowledge that the Club is an independent business proprietor that is a franchisee of Lift Brands New Zealand Ltd, Company number:2336145 NZBN:9429031851084. The facilities and services will be provided directly to me by the Club and not the franchisor, and neither the franchisor or any other Clubs are liable for each other’s acts or omissions.
SEVERABILITY AND WAIVER. If a court finds that any part of any term of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement. If the Club does not enforce its rights under this Agreement at any time, it does not mean that it may not do so on future occasions.
MISCELLANEOUS. This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This Agreement may not be amended or modified except in a writing signed by both parties. I understand that only authorized members or guests may access the Club and I am not permitted to share my access card with anyone else.
APPLICABLE LAW. The law of the Country/Territory in which the Club is located applies to this Agreement.
TEXT MESSAGES/EMAILS. I understand that I may receive text messages and emails from the Licensor or the Club that relate to my membership. I may also receive commercial/promotional emails from the Licensor or the Club that I can opt out of by clicking on the unsubscribe link at the bottom of such emails.
PRIVACY ACT 1993. The authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993 I authorise the Club, or their agent to:
a. access, collect, retain and use any information about me:
i. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of
assessing my creditworthiness; or
ii. the purpose of marketing products and services to me.
b. disclose information about me, whether collected by the Club from me directly, or obtained thereby from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by me. I acknowledge that I have the right to request the Club for a copy of the information about me and retained by the Club, and the right to request the Club to correct any incorrect information about me held by the Club. By signing, I affirm, understand and agree to the Membership Terms and Conditions.
CLUB USAGE TERMS AND CONDITIONS
In this Agreement, “Club Owner” means 9Round™, an independent franchisee. “Club” means 9Round™. “I” means the person whose name and signature appear on this Agreement. “Licensor” or "Franchisor" means the brand owner.
USE OF CLUBS. I agree that my use of any 9Round™ Club is subject to the terms of this agreement and any membership agreement I sign at the Club. I will not allow any non-member to use my access card. I may bring a guest during staffed hours only and only after arranging for a pass with Club staff. I understand and agree that I will be responsible for any claims, damages and charges made by or caused by an unauthorized guest I allow in any 9Round™ Club.
ACCESS CARDS: I accept that all members are required to have a 9Round™ Access Card. This is provided with all membership types and is an integral part of the membership. I understand that access cards are sold as a purchased item and become my property, and I agree that there are no refunds provided for access cards when I cancel my membership. In being provided an access card, I agree that:
• Access cards are not transferable and if I allow my card to be used by another person that this is a serious breach of my Membership and Club Use Terms and Conditions and will entitle the Club to terminate this agreement immediately and without notice.
• If my access card is lost or stolen I must notify my home Club immediately and the Club reserves the right to charge an administration fee for the provision of a replacement access card. This fee may vary from Club to Club.
• If I do not have my access card with me, this will more than likely mean that I will not be able to access the Club.
• I agree that if I fail to pay my membership fees on the due dates for payment, the Club will have the right to terminate this agreement by giving me written notice of its decision to terminate or at its discretion suspending my membership by deactivating my access card until all overdue membership fees have been paid.
MEMBERS INDUCTION: To mitigate risk and ensure that a member correctly operates or uses any 9Round™ facilities, services, products or equipment, I understand that I am required to undertake an instructional trial workout with a Club staff member. I understand that this initial introduction to the Club facilities are a requirement prior to my membership becoming active.
RECIPROCITY AND TRANSFER. Membership to the Club allows me to access other 9Round™ Club locations with 24/7 access free of charge. My use of 9Round™ locations is subject to the terms of this Agreement and I have the same obligations to any 9Round™ location as I have to the Club and Club Owner, including the assumption of risk and waiver of claims. I understand that if I use another 9Round™ location more than this Club, my membership may be be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, I agree that this Agreement will automatically be transferred to and enforceable by the new home club and my membership dues will be the price of the new home club.
DAMAGED, LOST OR STOLEN PROPERTY. I understand that the Club Owner, the Licensor, its subsidiaries, and its affiliates are not responsible for any of my personal property that is damaged, lost or stolen while in or around any 9Round™ location. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the Club facility and will reimburse the Club Owner for any damage I cause.
LIABILITY FOR PROPERTY. The Club is not liable to me or my guest for any personal property that is damaged, lost or stolen while on or around Club premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I cause any damage to the Club, I am liable to the Club for its cost of repair or replacement.
CHILDREN. I understand that children who are not being cared for in a club crèche and/or are not members under direct supervision of a guardian are not permitted to be brought into any 9Round Club.
ANIMALS. I understand that no animals are permitted to be brought into the Club with the exception of specified support animals such as Guide Dogs.
VIDEO NOTICE. I may not take unauthorized photos or videos anywhere in the Club. I understand that the Club uses unmonitored video surveillance and access card usage is logged, which both may be retained by the Club for future use.
DRUG USE. I understand that the Club maintains a zero tolerance approach to drug use and seeks to ensure that its working and exercise environments are free from the negative and harmful effects of drug use or the criminal implications of persons soliciting, or dealing in, prescription medication or illicit drugs. I understand that if I am found to be involved in such activities that my membership will be terminated immediately.
RULES AND REGULATIONS. I agree to follow any Club rules posted at the Club or communicated by Club staff. The Licensor or the Club may, in its sole discretion, modify its rules or policies without notice at any time and the Club rules may vary by location.
PRIVACY POLICY
Thank you for becoming a member at the Club which is owned by the “Club Owner”. The Club Owner is a franchisee of Lift Brands (New Zealand) Pty, which is a wholly owned subsidiary of Lift Brands, Inc. This Policy explains what information the Club Owner collects from its members and how companies within the LiftBrands family of businesses use and share that information. In this policy, the terms “we,” “us,” and “our” refer collectively to the Club Owner and all entities within the Lift Brands family of businesses; the term “Lift Brands” refers collectively to Lift Brands (New Zealand) Pty, Lift Brands, Inc., and its other wholly owned subsidiaries.
TYPES OF INFORMATION WE COLLECT
INFORMATION YOU PROVIDE. The term “Personal Information” is defined by the Privacy Act 2020 (“the Privacy Act”) as information or an opinion about you as an identified person or by which can reasonably be identified. The Club Owner collects the following types of information, including Personal Information, from you, when you apply for membership including: your name date of birth, contact information, bank details, height and weight, photograph.
SENSITIVE INFORMATION. “Sensitive Information” is a type of Personal Information and is defined by the Act as including information about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union, profession or trade association, health, biometric information or templates, sexual orientation or practices and criminal record. Except for health information, we do not generally seek to collect Sensitive Information. In the limited cases where we do seek to collect Sensitive information, we will do so in accordance with the Privacy Act and this Privacy Policy. If you choose to provide us with unsolicited Personal or Sensitive Information, you consent to our using such information, subject to the Privacy Act and this Privacy Policy.
HOW WE USE INFORMATION Generally, we use the information we collect: to set up your membership; to provide the information, products and services you request; to process payments for your membership and for security, credit or fraud prevention purposes; to provide you with effective customer service; to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us); to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us); to better understand your needs and interests; to improve our products and services; to improve our marketing and promotional efforts; and for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.
HOW TO ACCESS, UPDATE OR CORRECT YOUR INFORMATION
To access, update or correct the Personal or Sensitive Information we hold about you, please contact us at the address provided below. We will respond to you within a reasonable time. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.
STEPS WE TAKE TO SAFEGUARD YOUR INFORMATION
We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of Personal Information and Sensitive Information you provide to us.
HOW WE SHARE INFORMATION WITH OTHERS
The Club Owner may share your Personal and Sensitive Information with companies in the Lift Brands corporate structure and those companies may further share it among themselves. These affiliate companies are permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Policy. In addition, the Club Owner and/or Lift Brands may share your information with the following types of entities: With Third–Party Vendors. We share information provided by you with third party vendors who act on our behalf. For example, we may use third-party vendors to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their obligations. However, they are required by contract to keep your information confidential and may use it only to provide services on our behalf.
WITH OTHER LIFT BRANDS FRANCHISEES. If you seek to use or express interest in another gym owned by a Lift Brands franchisee, we may share your information with the owner of that gym. All Lift Brands franchisees are required by contract to keep your information confidential and they may use this information only in accordance with the terms of the contract.
WITH OTHER, CAREFULLY SELECTED BUSINESS PARTNERS. From time to time, we may share your information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the Personal Information you submit to us to participate in the contest or take advantage of the promotion.
AS PART OF A BUSINESS TRANSFER. Your information may be transferred to successor organization if, for example, we merge with or are acquired by another organization or if we liquidate our assets. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us. To Comply With Laws and Protection of Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. However, we will not disclose your Personal or Sensitive Information to third parties unless:
a. we have your consent to do so; or
b. if we do not have your consent, it is a situation in which you would reasonably expect your information to be shared for such purpose; and i. in the case of Personal Information, the purpose for which we are sharing the information is related to the primary purpose for which we collected such information; or ii. in the case of Sensitive Information, the purpose for which we are sharing the information is directly related to the primary purpose for which we collected such information. If we do not believe you would reasonably expect your information to be shared for the particular purpose, or if it is not related (or directly related) to the primary purpose, we will seek your consent to share the information before doing so.
CROSS BORDER DISCLOSURE. The Club Owner is required to disclose your Personal Information and Sensitive Information to Lift Brands (New Zealand) Pty which may disclose such information to its parent company, Lift Brands, and to other wholly owned subsidiaries of Lift Brands in the United States. Lift Brands and its wholly owned subsidiaries are US companies headquartered in the United States. The Club Owner and Lift Brands (New Zealand) Pty take reasonable steps to ensure that Lift Brands and its wholly owned subsidiaries are aware of and do not breach the New Zealand Privacy Principles in relation to your Personal and Sensitive Information. You consent to the transfer and processing of your personal information in or to the US or to any other country in the world subject to the terms of this Policy.
THIS POLICY MAY CHANGE As a result of changes in the way we offer our services (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, by notifying you via the email address which you provided when you applied for membership. However, we will honor the terms that were in effect when we gathered data from you.
COMPLAINTS If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal or Sensitive Information by us, please contact the Club Owner or Lift Brands on the contact details below. We will liaise with you regarding your concerns and take action as necessary to address such concerns which may include contacting the Club Owner or Lift Brands to take the matter further. We will endeavour to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised. You will receive an acknowledgement of receipt of the complaint from Lift Brands within five business days and you will be given an estimate of how long it may take to deal with the matter which should not exceed 30 days. If it is decided that your complaint is justified, the appropriate response or action will be determined. We will try to match the response to the nature of your complaint and your desired outcome, but this may not always be possible. Some of the things that may be decided include:
take steps to rectify the problem or issue you have raised;
provide you with additional information or advice so that you can understand what happened and how it has been dealt with;
take steps to change Lift Brands’ policies or procedures if your complaint identifies a problem in the way things are being done.
It is not always possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/. Contact us if you have any questions regarding this Privacy Policy, please contact us by email at [email protected] or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN, USA 55317. Alternatively, you can contact us at your local Club.
PAYMENT AUTHORISATION
PARTIES: Customer means the person or party signing this Payment Contract. “Business” means the 9Round® Club that is the organisation providing the service for which the Customer is paying. Payment Contract means the Agreement in which the Customer has agreed to pay for the service provided by the Business. Hereafter referred to as the Agreement. Stripe means Stripe New Zealand Limited, Level 7, 36 Brandon Street, Wellington, NZ 6011, www.stripe.com/nz . Also referred to as an “Initiator”. Also referred to as an “Initiator”.
The Customer acknowledges that Stripe has been contracted by the Business to collect the direct debit and credit card payments as directed by Customer, due under the membership agreement in return for having an entitlement to use the services provided by the Business. Nothing contained in the Payment Contract shall render Stripe, as an agent of the Business, for any purpose other than the collection of payments due and payable under the Agreement. You acknowledge that an Initiator shall not in any way be liable to you for the provision of Services. For the purpose of New Zealand contract law, you acknowledge that all rights of the Business pursuant to this Agreement may be enforced by the applicable Initiator.
DIRECT DEBIT REQUEST You agree to this Direct Debit Request and the Direct Debit Request Service Agreement below, and authorize Stripe New Zealand Limited to debit your account through the Bulk Electronic Clearing System (BECS) in the event that the net activity in your Stripe account on any day is negative or for any other reason relating to the Stripe Services. You certify that you are either an account holder or an authorized signatory on the account.
DIRECT DEBIT SERVICE AGREEMENT By agreeing to the Direct Debit Request you authorize Stripe to arrange for funds to be debited from your nominated financial institution account (the “nominated account”). Stripe is acting as an agent for the Business and Stripe does not provide any goods or services to you. Stripe or the Business will give you at least 14 days’ notice in writing of any changes to the terms of the drawing arrangements. Stripe will keep information relating to your nominated account confidential in accordance with Stripe’s Privacy Policy, except where required for the purposes of conducting direct debits with your financial institution. Your personal information will be transferred by Stripe to the United States. If you do not want to provide your personal information to Stripe in connection with the Direct Debit Request, Stripe will not be able to debit your nominated account.
Where the due date is not a business day Stripe will draw from your nominated financial institution account on the next business day.
It is your responsibility to:
a. Ensure that your nominated account can accept direct debits;
b. Ensure that there are sufficient clear funds available in the nominated account to meet each drawing on the due date;
c. Advise immediately if the nominated account is transferred or closed or your account details change;
d. Arrange a suitable payment method if Stripe or the Business cancels the debit arrangements;
e. Ensure that all authorized signatories nominated on the financial institution account to be debited authorize the Direct Debit Request.
Subject to the terms and conditions of your nominated financial institution account and your agreement with the Business, you may alter the drawing arrangements. Such advice should be received by the Business at least 7 business days prior to the drawing date for any of the following:
a. Changing your nominated account number;
b. Deferring a drawing;
c. Altering a Direct Debit Request schedule;
d. Cancelling the drawings completely.
If you require further information, please contact Stripe or the Business. Alternatively, you can also contact your financial institution.
If you believe that there has been an error in debiting your account, you should notify the Business as soon as possible. The Business will notify you in writing of its determination and the amount of any adjustment that will be made to your nominated account (if any). Stripe will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.
The details of your drawing arrangements are contained in the Direct Debit Request.
Stripe reserves the right to cancel the drawing arrangements if three consecutive drawings are dishonoured by your financial institution, and for the Business to arrange with you an alternative payment method. Please refer to the terms and conditions of your nominated financial institution account to see whether dishonour fees apply. The Business may charge additional dishonour fees in accordance with your Stripe Services Agreement.
GENERAL
I accept that all memberships, except for pre-paid memberships, are an ongoing membership agreement that will continue until either I or the 9Round™ Cub terminates it in the way described in this agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from my credit card or account until I or the 9Round™ Club cancels the arrangement by notifying my bank or credit provider. If I terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then I understand that I may be liable to the 9Round™ Club for damages for breach of contract. I acknowledge that 9Round™ will respond to its receipt of a written notice to cancel a membership within 7 working days.
•Direct Debits: By signing, I authorise Stripe, acting on behalf of the Merchant, to debit payments from my specified account or Credit Card in accordance with the membership agreement and as per the Stripe terms and conditions provided. I acknowledge that the 9Round™ Club name will appear as the merchant on my credit card statement.
• Club Usage, Membership, Terms and Conditions. By signing, I affirm, understand
and agree to the Limitation of Liability and the Club Usage, Membership, Terms and
Conditions, including the minor members provisions if applicable, agree to the Privacy Policy, understand and agree to the Membership Terms and Conditions. I acknowledge that unless I provide written notice of termination of my membership prior to the end of the minimum term of my Periodic Billing Agreement, I will still be liable for my membership fees until 30 days (14 days for VIC and ACT) after I provide written notice of termination to the Club. I understand the Club must respond to its receipt of a written notice within 7 days.
• Payment Authorisation. By signing, I affirm, understand and agree to the Payment
Authorisation.
AND BE A TIDY KIWI :)