STUDIO BOX TERMS AND CONDITIONS ‍

TERMS OF SERVICE

‍Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using (“the Site”) operated by Studio Box Limited (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.studio-box.co.
By accessing or using the Site, you agree to be bound by these Terms of Service. These Terms of Service set forth the legally binding terms for your use of Studio Box Services. You are only authorised to use the Studio Box Services if you agree to abide by all applicable laws and these Terms of Service. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

ACCOUNT

In order to access some features of the Website, you will have to create a Studio Box account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.

MEMBER SERVICES AND POLICIES BOOKINGS

The Studio Box System allows you to book seven days in advance. All Studio Box classes are capped at forty-two spaces. Therefore, online bookings are highly recommended. If the class is full, we recommend guests waitlist in case of cancellations. If you book a class and can't make it, you agree to log in to change or cancel your booking so that another member can attend in your place. It would be best if you were physically present 5 minutes before the start of your scheduled class, or your spot may be given to a waitlisted client. If you fail to book, we will try our best to find you a spot but cannot guarantee participation in a class.

CANCELLATIONS

We require all members to cancel bookings at least 8 hours before the start of class. You may cancel class through our online system or by calling us directly. If you cancel within the 8-hour window, you will forfeit your class credit.

PERSONAL BELONGINGS

Studio Box is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. We provide padlocks and lockers, but you assume all risk of loss for any of your personal belongings.

LIMITATION OF LIABILITY

By signing up and attending classes, events, activities, and other programs and using the Studio Box studio facilities and equipment, you hereby acknowledge that there are certain inherent risks and dangers in the strenuous nature of the Studio Box workout program. You hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You accept that you are now fully informed of this exercise program's strenuous nature and the possibility of adverse physiological occurrences by signing this document. “Studio Box” and the “box” icon and other graphics, logos, wordmarks, and designs are trademarks of Studio Box in New Zealand and other countries for which applications are pending. Studio Box’s trademarks and trade dress may never be used as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to confuse and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Studio Box.

TERMINATION

We may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

GOVERNING LAW

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed under New Zealand law.

CHANGES TO THIS AGREEMENT

At our sole discretion, we reserve the right to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to this Agreement or changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

FEES

You acknowledge that Studio Box charges fees for its services, and Studio Box reserves the right to change its fees from time to time at its discretion. If Studio Box terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up for member Services, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Studio Box immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any use of your account.

ENTIRE AGREEMENT / NO WAIVER

Together with our Privacy Policy, these Terms of Service and any other legal notices published by Studio Box on the Website shall constitute the entire Agreement between you and Studio Box. Suppose any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction. In that case, such provision's invalidity shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Studio Box’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Studio Box reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Studio Box website following any amendment of these Terms of Service will signify your assent and accept its revised terms.

PRIVACY POLICY

At Studio Box, we acknowledge and respect the privacy of individuals. This policy describes how we collect, use, manage and protect your personal information. We are bound by the Privacy Act 1993 and, in particular, the Information Privacy Principles that are set out in the Privacy Act 1993. This Privacy Policy is subject to change. Changes will be posted on our Website and will be effective from the time the information is posted.

WHAT INFORMATION DO WE COLLECT AND HOLD?

We may collect and hold personal information provided by you when you open an account and purchase a membership to use our services, and when you use our services. This information could be from you giving it to us directly, through our Website, www.studio-box.co or by using an APP made available to you as a member. We use the information to conduct our business and to precisely deliver services and information to you, to assist you with matters relating to the services we provide to you and other members of the studio, to personalise the user experience, improve our Website, process payments, to improve and better understand your preferences, to run a promotion, contest, survey or other feature, to send periodic emails, to notify you of any change to our services or your membership terms (including fees), and to fulfil our legal and regulatory obligations.

WE USE YOUR INFORMATION?

We collect and process personal information about visitors to our Website, clients, customers and users of/visitors to our sites. We do this to deliver services to you, deliver merchandise to you when you make a purchase, process payments that you make to Studio Box and learn how to offer you a better product. We may collect and use your personal information for the following purposes, all of which is for our legitimate interest in delivering services and products to you. It is necessary for our contract's performance: This information is usually collected directly from you. From time to time, where it is unreasonable or impractical to do so, information may be collected from third-party service providers or publicly available sources. You may choose not to provide any personal information to us. However, as a result, we may not be able to provide services to you or inform you of changes to the services we provide or to your membership terms (including fees).

USE AND DISCLOSURE OF INFORMATION

We may use the personal information you submit to us to connect with the information contained on this page and direct marketing purposes (including club newsletters). You can opt-out of receiving marketing materials by unsubscribing in one of our marketing emails. Unsubscribe methods are consistent with NZ law. We may disclose personal information to third parties, however, only to meet the purpose for which it was submitted (for example, to process your membership application), to validate the information you provide to us in the course of signing up to and using our services, to undertake fee collection services on our behalf, if we are required or authorised by law to disclose the information, if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes; and to protect the personal safety of our staff, other users of our services or the public. We may also disclose your information to our affiliated companies and any prospective purchasers or a substantial portion of our assets. With regard to the disposal of your information, we will not hold your information for longer than we need to, and when we dispose of it, we will securely destroy paper and electronic copies.

ACCESS TO INFORMATION

You can request access to any of your personal information concerning you at any time. You may also request that we correct or delete your personal information at any time. Any such requests should be made directly by contacting us (see below for details). Please note that your right to access your information will be subject to the Privacy Act's relevant exceptions. Where we process your personal information because we have your consent to do so, you may withdraw your consent at any time.

COOKIES

A cookie is a piece of information that our web server may send to your machine when you visit our Website or use one of our APP's. The cookie is stored on your device but does not identify you or give us any information about your device. We use cookies to learn more about the way you use our Website or APP (as applicable) and to help us improve your experience of using our Website or APP (as applicable). If you want to erase cookies from your device, block all cookies or receive a warning before a cookie is stored, refer to your browser instructions or help screen to learn more. If you reject the use of cookies, you will still be able to access our Website and APP, but please note that some of its functions may not work and if cookies are enabled.

INFORMATION VALIDATION AND SECURITY

We take reasonable measures to protect all personal information stored within our database. However, when providing personal information via our Website or an APP (as applicable), we note that the transmission of information using the Internet is not completely secure. Therefore, we cannot guarantee the security of data transmitted via our Website or an APP (as applicable), and any such transmission is at your own risk.

CCTV

CCTV is installed at our Newmarket sites to monitor building security and assist in crime prevention and detection. We operate our CCTV following the guidance issued by the local data protection authority. Studio Box collects this data as part of its role as a service provider to you and ensures our staff and visitors' health and safety and visitors to our sites. We will not hold images for longer than necessary and will dispose of them securely.

MEMBERSHIP

Our committed memberships give you access to 2 classes per week or unlimited access. Classes do not roll over into the following 7-day period, and unused classes will lapse. After the minimum term, your contract becomes month-month, meaning you can cancel with 4 weeks’ notice. Additional classes on top of your specified membership amount can be purchased for $35 through your account.

YOUR HEALTH

You warrant that you are in good physical condition and know of no medical or other reason you cannot or should not do active or passive exercise. You recognise that the fitness instructor(s) cannot provide me with medical advice concerning my fitness. This information is used as a guideline to the limitations of my ability to exercise. You agree not to hold any certified trainer or directors of Studio Box liable for any injury that may occur during a Studio Box class.

PAYING FOR A MEMBERSHIP

Membership fees are paid in advanced, every 7-days, by debit or credit card.

MEETING YOUR RESPONSIBILITIES

You make sure there is enough money in your account on the payment day. You must tell us if you are transferring or closing your account at least 72 hours before the next payment and provide updated debit or credit card details.

WHAT HAPPENS IF YOUR PAYMENT IS DECLINED OR FAILS FOR ANY REASON?

If you do not fully pay your fees on the due date, Studio Box will suspend access to Studio Box classes until any outstanding balance has been paid, and you have given us your updated account details if they are required. Studio Box will continue to debit your nominated account without notice until Studio Box has received the total amount you owe Studio Box. Studio Box will make a reasonable effort to advise you on the failed payment status before phoning you, writing to the email address you have provided for memberships in your name. You must make sure that the payment method you choose remains valid for the length of the Agreement, including third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term of payments. Each failed billing attempt incurs a fee of $5.

CAN STUDIO BOX CHANGE YOUR PAYMENT?

Studio Box may sometimes add to, change or remove our Terms & Conditions, including changing the opening and closing hours, the Studio Box services and facilities. The most up-to-date Terms & Conditions always apply.

SUSPENSION AND CANCELLATION

Studio Box understands that you may not be able to train from time to time due to holidays, rest periods, becoming sick or injured or wish to cancel your membership altogether. The following rules apply to suspensions and cancellations:

Suspensions:

Memberships can be suspended at any time, with a minimum of 1 weeks’ notice. Two-week minimum suspension. Six-week maximum suspension each year unless otherwise stipulated. Suspension notifications must be emailed to [email protected]
with a start and finish dates of your suspension. Suspensions cannot be backdated. There is a weekly suspension charge of $5, which replaces the membership payment whilst the account is suspended.

Cancellations:

All committed memberships are required to give 4 weeks written cancellation notice. Minimum term memberships (6 & 9 month) are required to pay 33% of the remaining balance, if cancelling within the contract term + 4 weeks' notice.

CONTACT US

Please contact us if you would like to discuss any matters relating to this privacy policy by providing your personal information to us and using our Website or app (as applicable). You consent to collecting, holding, using, and disclosing that information as set out in this privacy policy, including when you contact us by telephone. Our email correspondence with you may be kept as a record of our contact with us and enable us to respond to any queries. If you have any questions about these Terms of Service, the practices of Studio Box or its services, or your dealings with this Site, please contact us at:

STUDIO BOX LIMITED

PHONE NUMBER: +64 21 225 5415

ADDRESS: 17 Crowhurst Street, Newmarket, Auckland 1023

These Terms of Service have been updated and effective as of July 25th, 2024.