1.1. This is an agreement between Fitness Passport Pty Limited ACN 118 426 029 (FP) and the person named as the Secondary Member on the online sign-up form submitted by the Primary Member to FP. For the purposes of this agreement, the Secondary Member will also be referred to as “you” and “your” throughout.
1.2. These terms and conditions together with any information provided by the Primary Member during the online sign-up process (Sign-up) make up a legally binding agreement (the Agreement) between you and FP.
1.3. You may accept this Agreement by doing the following:
- Reviewing and accepting the online sign-up submitted by the Primary Member at www.fitnesspassport.co.nz; and
- Logging in to the MyFP App and accessing your digital Membership card; or
- Accessing Facilities as part of your Membership after receiving notice of these terms and conditions (which may include notice of where these terms can be located).
1.4. FP has entered a contract with another person (Primary Member) under which FP agrees to provide access to a number of participating gym, swimming pool and/or leisure facilities (Facilities) through the use of a Family Fitness Passport or the Additional Dependent Passport (Membership).
1.5. The Primary Member has listed you in their Sign-up as a member (Secondary Member).
1.6. The Primary Member has represented that you have consented to being named as a Secondary Member on the Primary Member’s Sign-up.
1.7. The Primary Member has represented that you are either:
- A Partner or spouse of the Primary Member who permanently resides at the same address as the Primary Member; or
- A child of the Primary Member who is unemployed or financially dependent on the Primary Member in the opinion of FP, who is aged between 18 and 25 years and permanently resides with the Primary Member.
For the avoidance of doubt, “partners” and “Dependants” do not include siblings, parents, flatmates, extended family members or friends.
1.8. FP agrees to provide you with access to the Facilities through the Membership on the terms and conditions set out in this Agreement.
2. Membership and Membership Terms
2.1. FP will issue an invitation to become a Fitness Passport member to those that are eligible for Membership as outlined in clause 2.2 and 2.3, and are suitable for FP Membership. On this basis, FP reserves the right to restrict any individual or family from gaining a Membership.
2.2. Without limiting any other provision of this Agreement or FP’s rights at law, to be eligible for a Membership as a Secondary Member, you must be an immediate family member of a relevant Primary Member who has a valid Family Fitness Passport or the Primary Member has procured an Additional Dependant Membership on your behalf.
2.3. If you are temporarily residing at the Primary Member’s residence for a duration of 3 months or less you are not eligible to be a Secondary Member.
2.4. You therefore warrant to FP that you are eligible to be a Secondary Member in accordance with clauses 2.2 and 2.3.
2.5. Membership will commence on the date the secondary member is activated. You may attend any participating Facilities after you activate your digital Fitness Passport membership card.
2.6. To obtain a membership card from, or entry to each Facility, you must provide that Facility with a form of photographic identification acceptable to that Facility and your activated Fitness Passport Membership Card. If there is a photo ID on the Fitness Passport Membership Card, additional photographic evidence is not required.
2.7. If a Primary or Secondary Member has his/her Membership terminated by FP (Terminated Member),FP will immediately communicate this information to each participating Facility and all Facility Access Cards issued to that Member by participating Facilities will immediately be cancelled and must immediately be returned by that Member. The digital Fitness Passport Membership card will be deactivated.
2.8. You acknowledge and agree that if the Primary Member’s Membership is terminated or cancelled for any reason, your Membership will be automatically cancelled, you will lose access to the Facilities.
2.9. FP will regularly update the list of current financial members for each participating Facility and all inactive Members will have their Facility-issued access cards cancelled.
2.10. A Facility may charge you an additional fee to issue Facility specific access cards, tokens or passes. This fee is payable to the Facility in addition to the membership fees.
2.11. If you, or any other person, continues or attempts to use the Facilities under your Membership after you become ineligible, or your Membership is cancelled, FP reserves the right to charge the Primary Member for all costs incurred.
2.12. If you wish to attend a Facility located inside a licenced premises (e.g. Leagues Club or RSL Club) you may be required to join the club directly as a member to be able to access the facility and any such access will be subject to any terms attached to that club membership.
2.13. FP cannot guarantee that a Facility will not charge a joining fee. FP takes no responsibility for any Facility that does charge a joining fee and the fact that the Facility chooses to charge a joining fee will not alter this Agreement in any way. It is your responsibility to understand any joining fees or other fees associated with the Facilities you choose to access.
2.14. If you visit a Facility that requires scanning a FP QR to record visits, you must scan this QR code with your mobile phone on every visit. This includes those facilities that are 24/7 facilities that can be accessed outside of staffed hours.
2.16. Notwithstanding clause 2.15, FP cannot and does not warrant or guarantee that its systems are fail safe or impermeable to malicious or deliberate attempts to take or destroy confidential information. To the fullest extent permitted by law FP excludes all liability arising out of loss or disclosure of your confidential information in circumstances where FP has used reasonable endeavours to protect that information.
2.17. We will only disclose information that we have about you:
- to the extent specifically required by law; or
- for the purposes of this Agreement (including disclosing information in connection with any query or claim) or in accordance with your consent.
2.18. If you wish to notify us in writing about anything relating to this agreement, you should write to Fitness Passport, PO Box 775, Customer ID H0627, Cherrybrook NSW 2126, Australia or email email@example.com
2.19. Any notice will be deemed to have been received on the third working day after posting. Working day means any day other than a Saturday, Sunday or public holiday as set out in the Holidays Act 2003
3. Amendment to rules and included facilities
3.1. You acknowledge and agree that FP or a Facility has or may at any time develop rules of conduct for any Facility. Those rules do not form part of this Agreement. FP reserves the right at all times to vary any such rules or the services and facilities to be offered at any participating Facility at any time. The rules developed or varied by FP or a Facility may relate to the health and safety of Members during use of a Facility, or requirements around access to a Facility.
3.2. FP will notify you of any changes to any terms or conditions related to your Membership by emailing the person appointed within the Primary Member’s employer as the Fitness Passport Facilitator (in which case that person will be responsible for and will be deemed to have notified you).
3.3. You agree that the preceding notification process is reasonable. Providing FP has complied with this process, then it has discharged its duties of notification of changes to you. If you continue to use your Membership after notification in accordance with the preceding clauses, then you will be deemed to have accepted any amendments contained in such notification.
4. Benefits of membership
4.1. In accordance with the terms of this Agreement and the terms and conditions of any Facility, Membership will provide each Member with access to a range of Facilities. The range of Facilities and services that a Member can access may vary from time to time.
4.2. You may utilise the services of any or all of the participating Facilities on the specified package list by approaching each individual Facility and providing your Fitness Passport Membership Card and an acceptable form of photographic identification to that Facility. At that time, the Facility will either present you with a Facility Card or alternatively will require you to show your Fitness Passport Membership Card and photographic identification on each subsequent visit. If a Fitness Passport QR code is in place at the Facility, the member must scan this with his/her mobile phone on each visit.
4.3. You may frequent each participating Facility as many times as you choose during the currency of your Membership. Limitations may be placed on certain exclusive packages. Should limitations on visits be implemented members will be notified during promotion of the package.
4.4. Membership does not cover visits to a facility that are part of an organised team or individual training program. For example, swimming lessons, swimming squads, diving training, school sport, netball training, water polo, school carnivals etc.
4.5. Membership does not cover babysitting services or creche visits.
5. Fitness Centre Cards
5.1. On acceptance of the application for membership, each you will be provided with a digital membership card from FP. These cards may also be referred to as Fitness Passport, Fitness Passport Membership Cards or an ID card.
5.2. FP will regularly update the list of current financial Members for each individual Facility.
5.3. On confirmation of Membership you may be issued with a Facility Access Card for each Facility at the time they visit the Facility as a means of permitting access to the Facility. The Facility Access Card includes, but not limited to, a 24 hour electronic key. Members may also be required to continue to use their Fitness Passport digital Membership card to gain entry.
5.4. If accessing a Facility during unstaffed hours, Fitness Passport members must purchase an electronic out of hours access key for a fee paid directly to the gym on their first visit. The electronic key permits access during un-staffed hours and is also used to keep a record of visitation and so must be purchased whether you intend to use the gym outside of hours or not. Fees may vary depending on the location and are not governed by this Agreement.
5.5. You are not restricted on the amount of Facility Cards you may obtain from different participating Facilities or the number of Facilities you may visit.
5.6. Should the Primary Member cease employment with the employer affiliated with FP they must advise Fitness Passport. During this time payments will still accrue and be payable by the Primary Member untilthey have advised Fitness Passport of the change in employment status.
5.7. All Facility Cards are and shall remain the property of the individual Facility. The Facility Card must be returned on demand to the Facility.
5.8. When you terminate your membership with Fitness Passport, all Facility Cards must be returned to the relevant facility for cancellation. FP will also advise any relevant facilities that you have terminated your membership.
5.9. Once your Membership is cancelled in accordance with this Agreement, FP will cancel the relevant payments and your access to the FP Member app will be removed.
6. Rules and conditions of membership
6.1. You acknowledge and agree that FP or a Facility has or may at any time develop rules of conduct for any Facility. Those rules do not form part of this Agreement. FP reserves the right at any time to vary any such rules or the services and facilities to be offered at any participating Facility.
6.2. You must abide by each Facility's terms and conditions of entry or use.
6.3. Members found breaching the terms and conditions of Membership will have their Fitness Passport cancelled and the related Primary Member is liable to pay for any visits that were made outside of FP terms and conditions, including those made as the result of a Secondary Member or Minor Member breaching the terms and conditions of the membership. This includes but is not limited to: allowing someone other than the person listed on the digital membership card to use the card, adding ineligible members to any FP membership or using the FP card to obtain benefits outside the prescribed program.
6.4. Access to each individual Facility is varied. It is your responsibility to check with each Facility for hours of operation, schedule of classes, access for dependents and availability of positions within classes.
6.5. You acknowledge and agree that FP:
- does not manage or operate any Facility, each Facility is managed and operated by independent third parties; and
- is not liable for the acts or omissions of any Facility, including without limitation:
- cancellation of fitness classes by a participating Facility; or
- amendment to class schedules and hours of operation; or
- termination of individual Facility Access Cards due to failure of a Member to abide by the terms and conditions of usage of the participating Facility or otherwise; or
- cancellation of a Facility's involvement with FP; or
- the refusal of any Facility to accept or honour the benefits conferred by the Membership, provided such refusal is not caused by a breach by FP of its agreement with that Facility; or
- injury, death or disability incurred or suffered or contributed to by any Member whilst utilising the benefits provided by the Membership; or
- any loss or damage to property, whether in whole or part, incurred or sustained by a Member whilst utilising the benefits of the Membership; or
- the condition, suitability, quality or safety of any goods or services provided by the participating Facilities.
6.6. FP is not liable for and will not refund to you (or the Primary Member) any separate payments you (or the Primary Member) make directly to a Facility for any reason. Any extra payment made to a Facility constitutes a separate arrangement between you and the Facility and FP does not receive any of these payments.
6.7. You acknowledge and agree to consult with an employee of each Facility on your first visit to each respective Facility to undergo a fitness assessment and any other induction required by the Facility and to determine the level of fitness of the Member. This may incur a cost to you.
6.8. Notwithstanding the foregoing you acknowledge and agree that you have been advised by FP that you should attend, and have either attended, or elected of your own volition not to attend, an appointment with your own General Practitioner (Dr) for the purpose of:-
- ensuring you are sufficiently fit and well to attend one or more of the Facilities and undertake physical activity at any such Facility; and
- to obtain a full physical health check so you can advise any Facility which you attend of any prevailing medical condition(s) which might affect your ability to use any piece of equipment or participate in any fitness program and you hereby release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you having either elected not to, or failing to, attend your General Practitioner (Dr) for the above purposes.
6.9. You acknowledge the inherent dangers (including personal injury and death) involved in the types of high intensity exercise and other activities that you may be involved in at a Facility and hereby release to the fullest extent permitted by law FP, the Primary Members Employer and each Facility from any and all liability, injury, illness, loss or damage to both person or property that might arise from you undertaking the preceding activities.
6.10. You acknowledge and agree that you must seek instruction from relevant instructors at each Facility before using any piece of equipment and release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you using any equipment either without instruction or not strictly in accordance with any instructions so provided.
6.11. Subject to clause 6.12 and 6.13 below, FP will use best endeavours to ensure that the offering of Facilities that you can access through the FP Membership match the Facilities that have been advertised to you.
6.12. Facilities are chosen on a majority rules basis. If a Facility is not being patronised or is being under patronised in the opinion of FP, then that Facility may be withdrawn from the Membership offering.
6.13. FP’s engagement with Facilities is on a venue by venue basis, not franchise by franchise. For example, if you are able to access Curves at a specific location on this program, it does not mean you can access every Curves franchise. You can only use the facilities at the locations specified by FP from time to time.
6.14. FP acknowledges that there may be some instances where an owner, employee or contractor of a Facility may be eligible for a Fitness Passport Membership be it as a Primary or Secondary Member.
6.15. You must not use your Membership in a way that is fraudulent, including (without limitation) registering visits at Facilities in circumstances where you are not actually using the Facility's services. FP prohibits the use of your Membership at Facilities where it reasonably believes there is a heightened risk of fraudulent activity, including (without limitation) using of your Membership to enter any Facility where the Member or a member of the Member’s immediate family is an owner, employee or contractor of the relevant Facility. There are some instances where an owner, employee or contractor of a Facility may be eligible for a Fitness Passport Membership be it as a Primary or Secondary Member, and this will not be considered fraudulent activity. Any fraudulent or prohibited use of your Membership will be a breach of these Terms and may result in the suspension or termination of your Membership. FP will not make any payment to the relevant Facility relating to such a visitation nor will FP recognise the visitation in any other manner.
6.16. If you become aware that the Primary Member leaves the employment of an employer with whom FP has an engagement agreement with, you must give notice to FP of this as soon as is reasonably possible.
7. Termination of membership
7.1. Subject to clause 7.2, FP reserves the right at any time to revoke your Membership and/or your right to use the benefits provided by the Membership by giving not less than one month notice to you or the Primary Member of such termination and revocation.
7.2. Without limiting clause 7.1, FP may, acting reasonably and after consultation with the member, terminate your Membership immediately in each of the following circumstances without the obligation to reimburse detailed in clause 7.2 or otherwise:
- breach of this Agreement by you;
- breach of any participating Facility's terms and conditions of use;
- failure of the Primary Member to pay any outstanding money as required under this Agreement after being informed by FP of the outstanding amount;
- a breach by the Primary Member under their Agreement with FP;
- a breach by the Primary Member of any participating Facility’s terms and conditions of use; or
- the Primary Member ceases employment with whom the FP has an Employer Engagement Agreement.
8. No warranty
8.1. To the maximum extent permitted by law (including the Consumer Guarantees Act) FP does not warrant in any way, and expressly excludes any warranty which may otherwise be implied, that the services and facilities will be available at any particular time or times nor does it warrant the condition and repair of such facilities offered at each participating Facility. Additionally, FP gives no warranty and shall have no liability whatsoever in respect of services offered by the respective Facilities or as to the accuracy of any description of or information about services or facilities given by any of the participating Facilities. For the avoidance of doubt, nothing in this Agreement limits or excludes any non-excludable warranties or consumer guarantees under the Consumer Guarantees Act.
9. Liability and release
9.1. The Consumer Guarantees Act applies to services (and any goods) provided by FP to you under this Agreement, and you are entitled to remedies under the Consumer Guarantees Act where services or goods fail to comply with a guarantee under that Act. Without limiting your rights under the Consumer Guarantees Act and to the maximum extent permitted by law, for any other liability, in consideration of FP accepting an application for your Membership and except to the extent caused by the negligence of FP, you hereby agree to:
- release and forever discharge FP to the fullest extent permitted by law from all claims that you may have or may have had but for this release arising from or in connection with your Membership or your access to or use of any Facility;
- indemnify and hold harmless FP and keep FP indemnified to the fullest extent permitted by law in respect of any claim by any person arising as a direct or indirect result of or in connection with your Membership.
9.2. For the purposes of this clause claims means and includes without limitation any actions, suit, proceeding, claim, demand, damage, penalty, cost or expense howsoever arising at any time.
9.3. For the avoidance of doubt, nothing in this Agreement limits, excludes or alters your rights as a consumer that cannot be limited or excluded under applicable law, including any non-excludable requirements of the Consumer Guarantees Act.
10.4. As part of your Membership, you may receive information from FP from time to time regarding the services of the participating Facilities.
10.5. If you do not wish to receive an updated participating Facility list, you should indicate this desire to FP and your name will be removed from the mailing list within a reasonable period of time.
11. Confidential Information
11.1. Each party acknowledges that the content of this Agreement and all information disclosed in connection with this Agreement is confidential.
11.3. This clause will survive the termination of this Agreement.
12.1. You must not assign your rights or delegate the performance of your obligations under this Agreement without the prior written consent of FP. Any attempted assignment or delegation without consent will be ineffective.
13.1. This Agreement will be subject to the laws of New Zealand. The parties will submit to the exclusive jurisdiction of the Courts of New Zealand.
14.1. Notices will be in writing and may be given to a party:
personally; by email to the party’s last known email address;
by leaving it at or posting by pre-paid mail to the following address for each party or to an alternate address that a party may notify the other party from time to time:
Attention: Fitness Passport Director
Address: Fitness Passport, PO Box 775, Customer ID H0267, Cherrybrook NSW 2126, Australia
to the address or email address of the Primary Member set out at https://portal.fitnesspassport.com.au/dashboard/memberdetails
14.2. Notice is deemed to have been received by a party:
- when left at that party’s address; or
- if sent by email using the email address provided by the Primary or Secondary member; or
- if sent to the Primary Member’s workplace facilitator.
14.3. Unless a later time is specified in it or by a provision of this Agreement, a notice, consent, approval or other communication, it takes effect from the time it is received.
15.1. The relationship between the parties is that of independent contractors. Nothing in this Agreement constitutes or will be deemed to constitute a partnership between the parties or one party as agent or employee of the other party.
15.2. A party may not make press or other announcements or releases relating to this Agreement and the transactions the subject of this Agreement without the approval of the other party to the form and manner of the announcement or release unless and to the extent that the announcement or release is required to be made by the party by law or by a stock exchange.
15.3. The rights and obligations of FP under or in respect of this Agreement are not personal to FP.
15.4. This Agreement binds each party’s permitted successors, assigns, administrators and substitutes.
15.5. A provision of or a right created under this Agreement may not be waived or varied except in writing, signed by the party or parties to be bound.
15.6. The parties acknowledge that in entering into this Agreement they have not relied on any representations or warranties about its subject matter except as expressly provided by the written terms of this Agreement.