Kia Kaha Fitness Studios Limited (‘Kia Kaha’, ‘Kia Kaha Studios’, ‘KKS’, ‘us’ or ‘we’) – Customer Terms and Conditions
Latest update: 10 July 2017
These Terms and Conditions are between Kia Kaha Studios and you, the customer of Kia Kaha Studios (‘you’) and user of Kia Kaha’s facilities, Pilates classes, Yoga classes and related services (‘Kia Kaha Studios Services’).
Kia Kaha Studios will always do their best to fulfil your needs and expectations while maintaining a friendly and approachable attitude. We do not like, or intend to trick you and/or over complicate things, so we will keep our legal terms very simple and direct without any paragraphs of unreadable text. Our ultimate goal with our terms and conditions is to have an agreement that benefits and protects both parties, now and in the future.
- Your agreement with us
Your Agreement with us consists of:
- these Terms and Conditions; and
- any physical and/or electronic information/document we make available to you (including MindBody), that you sign or otherwise indicate your agreement to, which identifies your subscription or product purchase.
These Terms and Conditions (as may be amended from time to time in accordance with clause 7 below) and other documents referred to above are referred to as ‘this Agreement’ and comprise the entire agreement between us about its subject matter. You may not rely on any representations or warranties about the subject matter of this Agreement except as set out in this Agreement.
- Coverage of this Agreement
This Agreement applies to any Kia Kaha Studios Services provided to you, including any activities relating to the Kia Kaha Services, such as online booking and payment. By booking, paying for or using any Kia Kaha Service, you agree to be legally bound by this Agreement.
- Our commitment
Kia Kaha Studios will provide the Kia Kaha Services to a professional standard and in accordance with all applicable New Zealand laws.
- Your obligations
In relation to your use of any Kia Kaha Studios Services, you must:
- book and pay for each Kia Kaha class via the online booking system (currently Mindbody) at (‘Kia Kaha Studios Site’) before attending the class at Kia Kaha’s premises (our payment options, offers and packs for our Pilates and Yoga classes are further described on the Kia Kaha Site and in clause 5 below); and
- comply with the rules and requirements set out in this Agreement.
- communicate any disease or disability with a clearance in writing from your doctor before attending any classes. This is for your safety and well-being of all our clients, staff and customers.
- Rules relating to our offers, pricing and packs
Our latest payment options, pricing, offers and packs for Kia Kaha Pilates classes and Kia Kaha Yoga classes are further described in this clause 5 or otherwise on the Kia Kaha Site, and may change from time to time as determined by Kia Kaha. All our pricing is in New Zealand dollars and inclusive of any applicable GST. Rules applying to our offers and packs are set out in this clause 5. Our rules relating to cancellation and re-scheduling of classes are set out in clause 6. On a general note, payment must be made upon booking, no exceptions. In order to book a class, you must either pre-purchase or pay at the time of booking. If a class is fully booked, sign up for the waiting list as there is movement in the classes. Should a place become available, you will be notified to offer you a place. Although you are under no obligation to take the offer, we do ask that you respond to ensure the place is made available to other clients should you not be able to attend. Failure to respond to the waitlist will result in a lost session.
Promotional packs (Temporary offers)
Our ‘Opening Intro Offer’ of five (5) Kia Kaha Pilates group Pilates classes (‘Group Classes’) for $25 is valid for two (2) weeks or fourteen (14) days on and from the date you attend your first Group Class utilising the Intro Offer. The Opening Intro Offer allows you to attend up to five (5) Group Classes within the two (2) week validity period for a fixed fee of $25 paid via the Kia Kaha Site. Before allowing you to purchase the Opening Intro Offer, we may ask you to verify that you are a new client of Kia Kaha Studios. You can only purchase the Opening Intro Offer once. The Opening Intro Offer only applies to Group Classes and not our Kia Kaha private Pilates classes (‘Private Classes’). The Opening Intro offer is only available for a limited time and to new clients and may be terminated at any time without notice.
Intro Offer – Pilates
Our ‘Intro Offer’ of five (5) Kia Kaha Pilates group Pilates classes (‘Group Classes’) for $50 is valid for two (2) weeks or fourteen (14) days on and from the date you attend your first Group Class utilising the Intro Offer. The Intro Offer allows you to attend up to five (5) Group Classes within the two (2) week validity period for a fixed fee of $50 paid via the Kia Kaha Site. Before allowing you to purchase the Intro Offer, we may ask you to verify that you are a new client of Kia Kaha Studios. You can only purchase the Intro Offer once. The Intro Offer only applies to Group Classes and not our Kia Kaha private Pilates classes (‘Private Classes’).
Monthly Packs – Pilates
Our ‘Monthly Packs’ allow you to attend a set number of Group Classes within a month or thirty (30) days after the date you attend your first Group Class utilising the Monthly Pack. Each Monthly Pack has a fixed fee which must be paid in full in advance via the Kia Kaha Site. Our Monthly Pack is non-refundable and not transferable to a third party. Our Monthly Packs cannot be extended beyond their validity period, unless we agree at our discretion to extend a Monthly Pack because of injury or other medical issue. We may ask you to verify your injury or medical issue. Each Monthly Pack only applies to Group Classes and not Private Classes.
Group Class Packs – Pilates
Our ‘Group Class Packs’ are concession packs that allow you to attend a set number of Group Classes for a fixed fee paid via the Kia Kaha Site. You can use the Group Class Packs as a credit (up to the relevant cap) when booking Group Classes via the Kia Kaha Site. Group Class Packs are valid for 6 months on and from the date you attend your first Group Class utilising the Group Class Pack. Group Class Packs cannot be used for Private Classes.
Standard Group Class Price Pilates
If you do not purchase any of the packs above, you can purchase a single Group Class in advance via the Kia Kaha Site or in person at the Kia Kaha Studios premises.
Private Classes – Pilates
Our Private Classes must be paid in advance via the Kia Kaha Site and on a class by class basis.
- Cancelling and re-scheduling classes
We expect our classes to be small and to fill quickly, which is why we need to be fair to all clients and enforce our rules relating to cancelling and re-scheduling classes. If you have not booked a class, please check if the class is still running to avoid disappointment. The studio phone will be answered during business hours.
You must not cancel a Group Class less than eight (8) hours before that class is due to start, morning or evenings. If you do, you will lose the pre-paid credit for the class that you cancelled. Although we understand sometimes unforeseeable circumstances can arise, we have to be strict and consistent to remain fair. Therefore, no exceptions will be made.
You must not cancel a Private Class less than 24 hours before that class is due to start. If you do, you will lose the pre-paid credit for the Private Class that you cancelled. You will also not be able to use or transfer your pre-paid credit for any Private Class you have cancelled within the required 24 hour period for a separate Group Class.
Lateness or absence from classes
Out of consideration for the trainer and other clients, as well as for your own safety as you need to participate in the warm up, it is important that you turn up on time. The rules set out in this clause 6 that apply to cancellation and re-scheduling of classes apply in the same way if you are more than five (5) minutes late for a class or if you do not turn up to a class that you have booked.
Suspending Monthly Passes
Monthly passes cannot be extended unless you are injured, in which case we will ask for a letter from your doctor. We also require you to notify us as soon as you are aware that you are injured and need an extension, as these are not given posthumously. Please be aware when purchasing your Monthly pass that you will be required to use your pass within 30 days otherwise we recommend for you to purchase a Block session pack that is valid for six (6) months.
7. Our rights
In delivering the Kia Kaha Studios Services to you and other customers, we (and/or our instructors or trainers) may, at our discretion:
- Refuse your entry to any class if you are more than 5 minutes late to it. This is out of of consideration for the trainer or instructor of your class, other clients, and also for your own safety (the warm-up is important).
- Restrict you or other clients to a particular class type for safety reasons.
- Change trainers, instructors, our hours of operation, classes, class times and class.
- Cancel classes.
- Change our pricing, offers and packs for any Kia Kaha Studios Services with immediate effect by displaying these changes on the Kia Kaha Site. However, if we do change our pricing, offers or packs, we will honour any existing Intro Offers, Group Class Packs and Monthly Packs that you have already paid for.
- Amend or replace all of or any aspect of these Terms and Conditions or this Agreement with immediate effect by displaying the amendment or replacement(s) on the Kia Kaha Site.
- Terminate any Intro Offer, Group Class Pack or Monthly Pack you have purchased from us, or any other pre-paid credit for a Kia Kaha Pilates class, for any reason, provided that we pay you pro-rata compensation for any pre-paid credits for Kia Kaha Pilates or Yoga classes that are un-used at the effective date of our termination.
- Our process if we need to cancel a class
A minimum of two people are required for a Group Class to proceed. You will be contacted via text, phone or email should a class you are booked into be cancelled. Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked online via the Kia Kaha Site up to four (4) weeks in advance.
- Age limits and restrictions
You must be at least 16 years of age to attend our classes. Children younger than this age are not permitted in the Kia Kaha Pilates or Yoga studio and are not to be left in the reception area or the studio while you attend classes. This is due to Kia Kaha Studios not having the necessary child care facilities and certification. We may turn you away from the studio should you arrive with your children as it is not a safe environment and can cause disruptions to other clients.
- You have responsibility for your property
Kia Kaha Studios is not responsible for the safekeeping of your personal property while you attend class, or for any property you leave at or within Kia Kaha’s premises (e.g. in our changing rooms, toilets, or lockers). The protection of your personal property is solely your responsibility. We are not responsible or liable for any lost or stolen personal property that occurs or is believed to have occurred at or within Kia Kaha’s premises. If you do become the victim of a theft while at Kia Kaha’s premises, we recommend you promptly report the incident to a Kia Kaha Studios staff member and to the New Zealand Police.
- Your health and safety is our priority
Your health and safety is our priority while you use the Kia Kaha`s Services and undertake our Pilates and/or Yoga classes. For that reason we reserve the right to refuse your participation in classes for health and safety reasons. We may also ask you for medical certificate or signed medical consents from your Doctor if we believe that documentation is reasonably necessary to help us verify whether it is safe for you to participate in one of our classes. For the avoidance of doubt, if you are pregnant, we will ask you to bring in a signed medical consent from your Doctor before doing a Kia Kaha class.
- Limitation of liability and indemnity
To the extent permitted under applicable laws, we:
– exclude all conditions and warranties implied into this Agreement;
– exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
– limit our liability for breach of any condition or warranty that we cannot exclude to (at our option) resupplying the relevant Kia Kaha Studios` Service or paying the cost of having the relevant Kia Kaha Studios` Service resupplied; and
– limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.
We will not be liable under this Agreement to the extent that liability is caused by:
– any breach of your obligations under this Agreement or a negligent act or omission by you;
– any delay in performance or breach of this Agreement which arises as a result of any you; or matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the website or the Kia Kaha Studios` Services.
- Liability Release and Acknowledgement
The Liability Release and Acknowledgement that you sign when completing the Kia Kaha`s Client Registration Form (when you first become our customer), is incorporated by reference into this Agreement.
You must not assign or transfer this Agreement without our prior written consent. We may transfer or assign our rights and obligations under this Agreement at any time to any third party. If we assign or transfer our rights and obligation under this Agreement, we will notify you of the assignment or transfer.
We will send any legal notices and other communications to you at the email address you have provided to us (or any updated email address you notify us of). It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
- Governing Law
The laws of New Zealand govern this Agreement. You submit to the exclusive jurisdiction of the Courts of New Zealand.