NEW ZEALAND 9ROUND MEMBERSHIP TERMS AND CONDITIONS
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,
any payments I have made of membership for 1 month or less will not be refunded.
All other refunds will be returned within 10 days of the date on which I gave notice of cancellation
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 prepaid membership, I will automatically become a month-to-month member after
the term ends, and will be billed the then-current monthly membership rate unless I provide notice of
cancellation. If I have a term membership, my membership will automatically renew after the term ends and
I will continue to be billed according to my regular billing schedule 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 understand I am responsible for updating my address and contact
information. 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.
MEMBERSHIP PLANS AND TERMS.
Home Club Memberships: I understand that my Home Club is the 9Round® Club that I initially joined. A
9Round membership only allows me to access my Home Club. I understand that a 9Round membership is
not a reciprocal membership and I will not have access to any other 9Round® locations.
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 50% 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.
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 fixed term Agreement, an early cancellation fee of 50% of the
membership fees for the balance of the fixed term must be paid to the Club.
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).
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 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 50% 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. The member induction form must be completed by a
parent or guardian and the child.
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 authorise
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 FREEZE. I have the right to freeze my membership 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 will incur a processing charge for each frozen month. For prepaid or
term agreements, the membership will be extended for a period equal to the freeze period. A membership
cannot be cancelled during a freeze period.
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.
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.
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
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS. I acknowledge that 9Round® locations are
unsupervised fitness centres and there is possible danger connected with any physical activity, including
the dangers of physical injury and death. I assume all risks of injury, and waive all rights to pursue money
damages or any other relief of any kind, arising out of (1) my entry into or upon any 9Round® location; or (2)
my use of any equipment, machinery, or facilities in any 9Round® location or 9Round® sponsored event.
On behalf of myself and my successors and assigns, I agree to indemnify and will hold harmless Licensor,
its subsidiaries, its affiliates, its franchisees, and all of their owners, employees, agents, successors and
assigns from and against any loss or damage that may be sustained by me or any person entering the
9Round® Club as my guest.
MINOR MEMBERS (IF APPLICABLE)
PARENT/GUARDIAN: In exchange for the Club allowing my minor child to use the Club, I agree to the
Assumption of Risk of Injury and Waiver of Claims clause in this Agreement on their behalf. I also agree to
defend and indemnify the Club, the Licensor, its subsidiaries, its affiliates, its franchisees or its officers and
employees to the fullest extent permitted by law for any claim brought by my minor child against them. I
also promise to pay any financial obligation incurred by my minor child for any reason and acknowledge that
the banking information on this Agreement is my account. I understand that any child of mine under the age
of 16 must be accompanied by an adult at all times while in a 9Round® Club.
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.
PHYSICAL CONDITION AND NO MEDICAL ADVICE. I confirm that I am in good physical condition and
have no medical reason or impairment that would prevent me from my intended use of 9Round® facilities.
I understand and acknowledge that the Club Owner and the Licensor will not and cannot provide me with
any medical advice. If I have any health or medical concerns now or after I join, I will discuss them with my
doctor before using the facilities.
DISCLOSURE OF YOUR PHYSICAL CONDITION. The provision of a safe and effective exercise program
is dependent upon accurate health and fitness profiling. I agree to disclose to the Club all relevant personal
health and fitness information both prior to and during engagement in any exercise program, service or
facility the Club provides to me, as a part of my membership. This is inclusive of any health risk assessment,
initial and periodic fitness assessment and relevant information or recommendations provided to me by
my by medical or allied health practitioner/s. I further warrant and represent that I will not use 9Round®
facilities, services or products whilst I am suffering from any infections or contagious illness, disease
or other ailment or whilst I am suffering from any physical ailment such as open cuts or sores or minor
infections where there is a risk, however small, to other members and guests.
ACCESS CARDS: I accept that all members over the age of 16 years 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 during non-staffed hours, nor should I expect any other member to let me into the Club as
this may be a breach of the Guests provision of the agreement relating to their membership.
• 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, including the adjustments of levels or settings on any
equipment, I understand that I am
required to undertake an instructional consultation with a Club staff member before use. I understand that
an initial introduction to the Club facilities are a requirement prior to using the Club’s facilities.
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.
FAIR USE POLICY As part of our commitment to providing a balanced and effective fitness experience for all members, we have established the following guidelines to ensure that group classes are accessible to everyone, and that each member's health and recovery needs are respected. While your membership provides unlimited access to group classes, we encourage you to use this access in a manner that supports both your personal fitness goals and the well-being of our community. In order to maintain a sustainable balance between training intensity, recovery, and fair participation, we recommend that members do not exceed:
12 sessions per week, or 6 hours of workouts per week.
These guidelines are intended to help you avoid overtraining and promote adequate recovery time between sessions. It's important to listen to your body and ensure you are not compromising your physical health or recovery in pursuit of high session volumes.
We also ask that members respect the needs of others in the community by being mindful of space availability and class capacity. Excessive participation may limit access to classes for other members and negatively impact the quality of training and group dynamics.
If you feel the need to exceed these guidelines due to specific fitness goals or training needs, we encourage you to speak with your trainer to discuss a suitable plan that considers both your goals and recovery strategies.
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.
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 1988
(Cth) (“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 LiftBrands 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: http://www.oaic.gov.au/privacy/making-a-privacy-complaint. Contact us if you have any questions
regarding this Privacy Policy, please contact us by email at privacy@liftbrands.com 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.