Membership Terms

1. ALIGN reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through a newsletter published from time to time, social media platforms, the website, notices in the studio and/or by mail or email to your last known address.
   
2. You agree to be bound by and to uphold the ALIGN Rules and Regulations (the "Guidelines"). You acknowledge that you have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by ALIGN at any time at its sole discretion and without prior notice.
   
3. It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult an ALIGN staff member for assistance.
   
4. You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with ALIGN except as set out in this Agreement.
   
5. You must keep ALIGN informed of any change in your contact details, bank account or credit card details for payment, or any other information relevant to your Membership.
   
6. You acknowledge that you have been given the option of choosing a membership based on a fortnightly billing agreement.
   
7. This agreement entitles the Member to the use of equipment and resources at ALIGN in accordance with the terms and conditions contained within. Failure to use the resources, classes and equipment at ALIGN does not release the Member from any other obligations contained in this Agreement.
   
8. Guests of Members will be charged a Casual Class rate and must create a profile on Mindbody and sign the liability waiver. On joining, a photograph of you is required to allow ALIGN to verify your identity each time you enter the studio.
   
9. You agree to receive marketing correspondence via electronic transmission on a regular basis, which may include (but is not limited to) newsletters and promotional material.
   
   

Minimum Age

1. Membership is limited to persons who are at least 16 years of age.
2. Where a member is under 18 years of age, a parent or guardian must sign the Membership Agreement on behalf of, or jointly with, the member. The parent or guardian will be jointly and severally responsible for all obligations under this Agreement, including payment obligations.
3. Children under 16 must be cleared by a semi-private or private teacher before joining group classes. 
   

Time Freeze

1. Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks, and in fortnightly blocks thereafter, up to a maximum of twenty-six (26) weeks. The Freeze request must be accompanied by a doctor's certificate (medical/pregnancy) or an employer's letter (business relocation) at the time of the request.
   
2. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks, and in fortnightly blocks thereafter, up to a maximum of twelve (12) weeks.
   
3. Requests for Time Freeze must be submitted to ALIGN in writing and the time freeze form completed no less than one (1) week prior to the commencement of the Freeze.
   
4. Members may not train in the studio during the period of their requested Freeze.
   

Cancellation of Membership

1. You agree that your Membership may be cancelled by ALIGN if you do not adhere to the Guidelines, if your behaviour at ALIGN is not acceptable, or for any other reason that the management of ALIGN decides is appropriate. ALIGN reserves the right to refuse future Membership to you in these circumstances.
   
2. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based on the remaining period of your Minimum Membership Term. If more than $200 remains owing, a total of $200 is payable. If less than $200 remains owing, 50% of the remaining Membership fees is payable.
   
3. The fortnightly debit automatically continues after the end of the Minimum Membership Term unless you notify ALIGN in writing of your intention to cancel, either two (2) weeks prior to the end of your Minimum Membership Term or at any time thereafter. Membership will then be cancelled after one (1) further FULL fortnightly payment.
   

Transfer of Membership During Minimum Term

1. If you become unable to complete your Minimum Membership Term, you may transfer your Membership to a third party, provided that an Administration Fee of $100 is paid. A minimum of six (6) debits must remain on your initial membership term, and the third party must honour the remainder of the Minimum Membership Term and agree to be bound by the Terms and Conditions contained in this Agreement.
   
2. You must notify ALIGN in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferable. Past members of ALIGN are not eligible for a membership transfer.
   

Sickness or Incapacity

1. If you become unable to use the studio services by reason of permanent physical or medical incapacity, your Membership will be cancelled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner. Any such cancellation will include the following charges:
   (a) the cost of services already provided by the studio; and
   (b) an Administration Fee of $65.00.
   
2. If you become unable to use the studio facilities by reason of temporary physical or medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for longer than the period set out in the medical certificate. Your Membership will automatically recommence after the date specified in your Freeze request, with no remaining Freeze facility available for any cause.
   

Personal Training and Therapist Services

1. From time to time, ALIGN may promote licensees who offer services such as personal training, physio, acupuncture, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of, that licensee.
   
2. You release, indemnify and keep indemnified ALIGN against any claim by you as a result of an act or omission by a licensee. You must notify ALIGN immediately if you have a claim against a licensee. ALIGN will at all times assist, where possible, to resolve any conflict or issues with licensees.
   
3. You acknowledge that personal trainers and therapists are available at ALIGN and that their services are taken up at your sole discretion.
   

Bookings and Appointments

1. If you are unable to attend, or you late-cancel, a scheduled class booking, appointment, course or workshop, a cancellation fee of $10 will apply (refer to the specific booking conditions regarding the notice period). The fee will be added to your next scheduled membership debit.
   

Physical Condition

1. You acknowledge that you have completed a Liability Waiver. You must notify ALIGN of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, Members must notify ALIGN and complete a Pregnancy Acknowledgement form before continuing to use the facilities.
2. You acknowledge that any advice or recommendation given to you by an ALIGN instructor is not intended to constitute medical diagnosis or treatment, and should not be relied on as a suggested course of medical treatment for any particular individual. If you are in doubt, you should obtain medical advice before commencing any exercise program.
3. You must not use any ALIGN services while suffering from any infection, contagious illness, disease or other ailment, or while suffering from any physical ailment such as open cuts, sores or minor infections where there is a risk (however small) to other members and guests.

Member's Assumption of Risk

1. You are aware that use of the premises and its facilities, and your participation in classes and programs conducted by ALIGN, may involve strenuous activity and special risks.
2. You warrant that you are physically able to participate in any classes or fitness programs, or use any studio facilities, in which you have chosen to participate, and that you have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would prevent you from using the studio services or facilities and/or participating in any classes or fitness programs.
3. You understand that you will be engaging in activities that may involve risk of personal injury or illness, and which may also involve the risk of economic or property loss and damage. You also understand that there may be risks involved that are not known to you or to ALIGN, or that may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in a class or fitness program. You assume the foregoing risks, including the risk of any negligence by ALIGN and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature that you may suffer arising out of or in connection with the use of studio facilities or participation in classes or fitness programs by you, or by any minor or person under your supervision, care or control.

Limitation of Liability

1. In consideration of the grant of Membership to you, you release and forever discharge ALIGN from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may incur arising from or in connection with your Membership and/or use of ALIGN facilities and equipment, or from being on studio premises, to the fullest extent permitted by law, and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty, default or omission on the part of ALIGN and its respective owners, directors, officers, employees or agents.
2. In consideration of the grant of Membership to you, you agree that ALIGN will not be liable for any loss, damage or theft of any of your (or your guest's) property, except where caused by the gross negligence of ALIGN. Further, ALIGN will not be liable for any death, personal injury or illness occurring on studio premises or as a result of the use of facilities or equipment, except to the extent that it arises from the gross negligence of ALIGN and its respective owners, directors, officers, employees or agents.

Payment Terms

1. A Fortnightly Membership Debit may be paid from a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
2. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to Ezidebit to charge a Payment Declined Fee. The current decline fee of $15.00 may change without prior notice.
3. Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that ALIGN may suspend the Member's use of the Membership services until all payments, fees and other debts are paid in full. If payment is not received, the Membership may be cancelled.
4. ALIGN engages the services of a debt collection agency to manage member accounts with an outstanding debt and reserves the right to charge a reasonable Administration Fee on overdue accounts. Members' credit ratings may be affected.
5. All fees and charges are subject to change as set out in the first paragraph of these Membership Terms.
6. If you have opted to pre-pay your entire membership fee, any renewal thereafter must be for a minimum of 12 weeks, and payment must be received by ALIGN before the membership expires.

Specific Acknowledgements

1. All members paying by fortnightly debit must acknowledge and agree to the following:
2. Your nominated bank account is debited on a fortnightly basis. The number and amount of debits is determined by your Minimum Term at the studio.
3. Your Membership will continue after the Minimum Term until you cancel it by providing ALIGN with two (2) weeks' written notice. Membership will then be cancelled after one (1) further full fortnightly debit.
4. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee, will be charged to you.
5. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELLED BY YOU IN WRITING, AND EXIT INTERVIEW CONDUCTED. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN YOUR CANCELLATION REQUEST IS RECEIVED AND APPROVED BY ALIGN.

Rules and Regulations

Code of Conduct

1. The mandatory Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the studio premises and must comply with the health and safety requirements of the studio. Any internal signage displayed around the studio forms part of the Rules and Regulations and should be treated as part of the Code of Conduct. If a Member is found to be in breach of the Code of Conduct or the Rules and Regulations, management reserves the right to terminate the Membership and take further action if deemed appropriate.
   
   

Damage to Property

1. Any Member who causes damage to equipment or any property of ALIGN will be held liable for the damage. Members will be held responsible for damage caused by their children or guests.

Dress Code

1. Members must wear sticky socks or have bare feet, and be suitably clothed at all times, for safety and hygiene reasons.

Equipment

1. All equipment must be returned to its place after use in all areas of the studio, in particular springs and props. If participating in group classes, any equipment used must be cleaned and put away afterwards.
   

Guests of Members

1. Guests may enter the studio premises on payment of a Casual Class rate, and after creating a profile in Mindbody and signing a liability waiver. Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time. All guests must be at least 12 years of age, be accompanied by you, and leave the studio at the same time as you.

Hygiene and Cleanliness

1. Members must wipe down all equipment after use.
   

Lockers

1. Lockers are provided for use ONLY while the Member is training in the studio, and are used at the Member's own risk. While all care is taken, ALIGN will not be held liable for any loss, damage or theft of belongings placed in lockers or brought onto the premises. Unclaimed property will be kept for 14 days and thereafter donated to charity.

Privacy

1. During or immediately prior to your Membership, we may obtain certain personal information (such as information about your health and financial position). ALIGN will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you on request or accessed on the ALIGN website.
   

Smoking

1. Members and their guests acknowledge that the studio premises are a non-smoking (and non-vaping) environment.

Studios

1. Members are only permitted to access the studios under the supervision of an ALIGN instructor or trainer.
2. The Rules and Regulations, and their interpretation, are subject to change at management's discretion. Members should ensure that they are familiar with the current Rules and Regulations at all times.

Website Terms of Use

1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
2. Your access to and use of this website, and all related websites operated by ALIGN (including www.alignpilates.co.nz, among others) (collectively the "Site"), is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
3. 1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials made available on the Site by us or by third parties, and the look and feel of all of the foregoing (collectively the "Content"), are maintained for your personal use and information by ALIGN (the "Company") and are the property of the Company and/or its third-party providers. Company Content includes all proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photos, documents and text, and all other materials included in the Site, excluding only materials you provide. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to access, view and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content, or use of the Content for any other purpose, is a violation of the copyright and other proprietary rights of the Company and of other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Site or any Content, including any software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
4. 2. All Content, such as text, data, graphics files, videos, sound files and other materials contained in the Site, is copyrighted unless otherwise noted and is the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
5. 3. All trade names, trademarks, images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark "ALIGN", are either the property of, or used with permission by, the Company. Use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of Content may violate the copyright, trademark and other proprietary rights of the Company and/or third parties, as well as privacy and publicity laws and other regulations and statutes. Nothing in this Agreement or on the Site shall be construed as granting, by implication or otherwise, any licence or right to use any trademark or other proprietary information without the express written consent of the Company or the third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party's intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content, you may notify the Company at emma@alignstudios.co.nz. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
6. 4. While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
7. 5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by email.
8. 6. If you send comments or suggestions about the Site to the Company, including but not limited to notes, text, drawings, images, designs or computer programs, such submissions shall become and remain the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights (including intellectual property rights) to such submissions and shall be entitled to their unrestricted use, publication and dissemination for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
9. 7. The Company will use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is entirely at your own risk.
10. 8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company's Privacy Policy. If you do not agree with the Privacy Policy, in whole or in part, please do not use this Site.
11. 9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER'S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER'S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY OR RELIABILITY. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
12. 10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (INCLUDING, FOR EXAMPLE, YOUR INTERNET SERVICE PROVIDER, PAYMENT SERVICE PROVIDERS, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT, OR TO TERMINATE YOUR ACCOUNT, SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE OR ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY'S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT, OR A PRO-RATA PORTION THEREOF, CONSISTENT WITH THE COMPANY'S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND REQUESTED MORE THAN THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, REGARDLESS OF THE REASON FOR DISRUPTION.
13. 11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO DAMAGE TO OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
14. 12. You agree to indemnify and hold harmless the Company and each of its directors, officers, employees and agents from any and all liabilities, claims, damages and expenses, including reasonable legal fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of any law or the rights of any third party, (iii) any materials, information, works and/or other content of any nature or media that you post or share on or through the Site, (iv) your use of the Site or any services the Company may provide via the Site, and (v) your conduct in connection with the Site or its services or with other users of the Site or its services. The Company reserves the right to assume the exclusive defence of any claim for which it is entitled to indemnification under this section, in which case you shall provide the Company with such cooperation as it reasonably requests.
15. 13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, each of whom shall have the right to assert and enforce such provisions directly or on its own behalf.
16. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this Agreement is unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
17. 15. These Terms of Use may be revised from time to time by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.