Grey Heron Studios | Northland Fitness & Pilates 
Terms and Conditions of Membership and Service 

Here at Grey Heron Studios, we value your commitment to your health and wellbeing. To ensure fairness and clarity, please review our Terms & Conditions below. 

1. Introduction and Agreement 1.1. These Terms and Conditions ("Terms") govern the membership and service agreement between Nara Rachael Cummings Maw trading as Grey Heron Studios ("the Studio", "we", "us", or "our"), operating from 94 Zidich road, Kaingaroa, Kaitaia, New Zealand, and any person who purchases a membership, class pass, or attends any class or event offered by the Studio ("Member", “Participant”, "Client", or "you"). 

1.2. By enrolling in a membership, signing the Studio’s waiver, purchasing a class pass, booking a class, or entering the Studio premises, you confirm that you have read, understood, and agree to be bound by these Terms, waiver, and the Studio’s policies. 

1.3. These Terms are governed by the laws of New Zealand, including but not limited to the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Contract and Commercial Law Act 2017. 

1.4. Our Studio uses the Momence App. We recommend all clients download and familiarise themselves with this App. 

2. Membership 2.1. Membership options: The Studio offers a range of membership options, which may include rolling memberships, casual class passes, multi-class packs, weekly memberships, and monthly memberships. Full details of current membership options, inclusions, pricing, and inclusions are available at the Studio or on our website at www.greyheronstudios.co.nz. All fees are inclusive of GST as required under the Goods and Services Tax Act 1985. All memberships include one free “Bring a Friend” pass per month. The Studio reserves the right to change membership types and pricing from time to time, with reasonable notice given to existing members. 

2.2. All memberships carry a minimum term of 3 months from the commencement date. During the minimum term, the membership may not be cancelled except as set out in these Terms. 

2.3. Expiry dates: All memberships are subject to the expiry dates in the Momence App. Expiry dates are visible in the Momence App. Credits may not be transferred between accounts. 

2.4. Cancelling your membership: If you wish to cancel your membership after the minimum term has been completed, you must provide 28 days' written notice to the Studio. Notice can be given by emailing greyheronstudios@gmail.com. A confirmation email will be sent to you by response. If you do not receive a confirmation email, please contact 021 134 3078. Membership fees continue to be charged during the notice period. If you wish to upgrade or downgrade your membership type, 14 days' notice is required. 

2.5. Pausing your membership: If you need to pause your membership due to serious injury, illness, or other personal circumstances, you may apply to pause for a maximum of 2 weeks within any 3-month period. During a pause, you will not have access to classes or private sessions and fees will not be charged. To request a pause, please email greyheronstudios@gmail.com. A confirmation email will be sent to you by response. If you do not receive a confirmation email, please contact 021 134 3078. If you believe your circumstances are exceptional, please get in touch with us and we will consider your situation with care. 

2.6. Changes to Membership Fees and Terms: We may update these Terms, including membership fees, opening hours, or available services, from time to time. You will always be given at least 28 days' written notice before any change takes effect. If we need to temporarily close the Studio for refurbishment, training, or unforeseen circumstances in a way that substantially affects your membership, we will pause fees accordingly. 

2.7. Assignment and transfer: We may assign, transfer or otherwise deal with our rights and obligations under these Terms to any related entity, successor, or purchaser of the business, including to a company, without your consent. You agree that, upon written notice from us of such assignment, the assignee will be substituted as the contracting party in place of the us, and will assume all rights and obligations under these Terms. You must not assign or transfer your rights or obligations under these Terms without the prior written consent from us, pursuant to these Terms. 

3. Class Passes 3.1. Class Passes are 3 months expiry for x5 credits and 6 months expiry for x10 credits. These can be used to book a friend/family or if you are unable to use remaining credits. Upon request, we will arrange for the transfer of credits to the different account as requested by client. Intro passes and other promotional passes may vary in class credits and valid months. From time to time, we may offer additional Class Passes, including but not limited to promotional or introductory passes. These passes may vary in the number of class credits provided and the applicable validity period. By way of example, we may offer an “All Class Pass” comprising twenty (20) class credits valid for two (2) months from the date of purchase. We reserve the right to introduce, modify, or discontinue any Class Passes, promotional passes, or credit offerings at any time without prior notice. 

3.2. Class passes and private session packs are available for purchase through the Momence App, website, or in person. All passes must be prepaid to confirm your booking and are non-refundable once purchased. Credits remain on your account and may be used for any applicable class or session within their valid period. 

3.3. We reserve the right, in our discretion, to suspend or terminate your use of any class passes if we suspect any fraud or misuse of our booking system. 

4. Payments 4.1. Direct Debit: Membership fees are charged weekly in advance by direct debit from the bank account or credit card you have nominated. You must ensure your nominated account can accept direct debits and that sufficient funds are available on the payment date. If you need to update your billing details, please do so through the Momence App. 

4.2. Failed payments: You are responsible for any fees arising from declined or failed direct debit payments. If a payment fails, the Studio will make a reasonable effort to contact you as soon as possible — either in person, by phone, or by email. If the outstanding balance is not resolved promptly, your account will be placed on hold and access to classes, private sessions, and your membership will be suspended until the balance is paid and current account details are provided. Please note that interest may be charged on overdue amounts at a rate of 5% per month, and the Studio reserves the right to refer outstanding debts to a collection agency. We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees. 

4.3. Refunds: Class and session credits are non-refundable once purchased, except as required under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where a refund is warranted by law, it will be processed within 10 business days to the original payment method. If you believe you have been charged unfairly, please contact us at greyheronstudios@gmail.com and we will look into it for you. 

5. Class Bookings and Cancellations 5.1. Booking: All classes and private sessions must be booked at least 1 hour prior to the class starting time through the Momence or online booking system via our website. Bookings must be made with the genuine intention to attend. Please do not book a class simply to hold a space. You are responsible for managing your own bookings through the app. If you require booking assistance, please email or phone us. Class cancellation requests sent by text, email, or social media may not be seen within the required cancellation window and may result in a penalty being applied, at our discretion. 

5.2. Cancellation of Group Class: We ask that you give as much notice as possible if you cannot attend a class, so that waitlisted clients have the opportunity to take your spot. Clients must cancel group class bookings at least twelve (12) hours prior to the scheduled class start time to allow waitlisted clients the opportunity to attend. Cancellations made within eight (8) hours of the scheduled class start time will be treated as a late cancellation, and the applicable class credit will be forfeited or, where no credit applies, the full class fee will be charged. 

5.3. Cancellation of Private and Semi-Private Sessions: Private and semi-private sessions require more notice due to instructor scheduling. You must cancel or reschedule with at least 24 hours' notice. Sessions cancelled within 24 hours of the scheduled start time are treated as a late cancellation and the class credit will be forfeited, or the full class fee will be charged. 

5.4. No-show: If you fail to attend a booked class or session and do not cancel in advance, this will be recorded as a no-show. The class credit will be forfeited, or the full session fee will be charged. Repeated no-shows may result in restrictions being placed on your booking access or your membership. 

5.5. Waitlist: If a class is full, you may join the waitlist through the Momence app. If a space becomes available, you will be automatically added to the class and notified by email. Standard cancellation terms apply from the moment you are confirmed into the class. 

5.6. Exceptional Circumstances: We understand that life happens. Late cancellations may be waived, at our discretion, in genuine exceptional circumstances, including medical emergencies, serious illness or injury, bereavement, or events entirely outside your control. Please contact 021 134 3078 or email greyheronstudios@gmail.com as soon as possible to discuss holding your credits or your cancellation. We will review your situation individually and with compassion and if we consider your circumstances exceptional (in our sole discretion), we will arrange for the class credit to be returned to your account without any cancellation fees. 

5.7. Studio Cancellations: The Studio reserves the right to cancel or reschedule a class due to low attendance, instructor illness, or circumstances beyond our reasonable control. Where we cancel a class, your credit will be fully restored to your account. The Studio may also substitute instructors where necessary. We will try to give you as much notice (via text and email) as possible if we are cancelling a class. 

6. Studio Policies 6.1. Arrival: Please arrive at least 5 minutes before the scheduled class start time. Latecomers arriving more than 10 minutes after the class has commenced will not be admitted, regardless of available space. This is a health and safety requirement, as the class warm-up will have been completed and late entry disrupts the flow of the session for other participants. 

6.2. What to Wear: We recommend comfortable, close-fitting exercise clothing. Grip socks are compulsory at all times during classes and sessions for both hygiene and safety reasons. Grip socks are available for purchase at the Studio if needed. 

6.3. Phones and Smart Watches: Please ensure your phone is switched off or on silent before class. If there is an urgent reason you need to keep your phone available, please let your instructor know before class begins. If you need to take a call, please step outside the studio to do so. Smart watches are permitted for exercise-related purposes only. 

6.4. Personal Belongings: Please use the designated storage space provided for your personal items during class. The Studio does not accept responsibility for any loss, theft, or damage to personal belongings brought onto the premises. Please leave valuables at home where possible. 

6.5. Equipment: Please use Studio equipment only as instructed. Do not use, adjust, or attempt to move any equipment — including reformers — without instruction from your instructor. If you are injured or feel unwell during a session, please inform your instructor immediately and follow their guidance to modify or stop your session. 

6.6. Minimum Age: The minimum age for participation at Grey Heron Studios is 16 years. Participants aged 16 or 17 must have a parent or legal guardian sign the Studio's Waiver Form on their behalf before they may attend any class or session. 

6.7. Conduct: All members and visitors are expected to treat instructors, staff, and fellow clients with courtesy and respect. Behaviour that is disruptive, threatening, or disrespectful will not be tolerated and may result in removal from the premises and termination of membership. 

6.8. Online courses and recording: You must not record, copy, reproduce, distribute, share, or otherwise use any online class or related content provided by us, whether by screen recording or any other means. You must not permit any third party to access the online classes. All intellectual property rights in the classes and related materials remain with the Studio. We may suspend or terminate access without refund if this clause is breached. 

7. Health and Safety and Risk 7.1. By participating in classes at Grey Heron Studios, you confirm that you are in good physical condition and that you are not aware of any medical or physical reason that would prevent you from safely engaging in exercise; or that you have disclosed any relevant health conditions to the Studio and, where required, have obtained clearance from a healthcare professional. 

7.2. You understand that participating in classes with any medical condition is done at your own risk. You acknowledge that all exercise at our studios carries inherent risks, including the risk of personal injury. 

7.3. You acknowledge that your instructor is not a medical professional and is not able to provide medical advice. Health information you provide is used only as a guide to help your instructor understand your limitations and adapt your session accordingly. You agree to notify your instructor before each class of any changes to your health or physical condition, and to provide medical clearance if requested. 

7.4. We ask that you inform us if you are pregnant as soon as possible, prior to participating in any class (including the number of weeks), or if you are within 12 months postpartum, including details of any continuing complications or relevant medical conditions. This information helps us to recommend appropriate classes and provide guidance during sessions (e.g., core, flexion and extension exercises). You acknowledge that failure to provide this information may affect the suitability and safety of the classes. 

7.5. The Studio maintains a first aid kit on premises and instructors hold current first aid certification. In the event of a medical emergency, emergency services will be contacted immediately at 111. 

8. Privacy 8.1. The Studio collects personal information from members for the purposes of managing memberships, processing payments, and ensuring your safety. Your information is handled in accordance with the Privacy Act 2020 (NZ) and will not be shared with third parties except where required by law or with your consent. You may request access to or correction of your information by contacting greyheronstudios@gmail.com. 

9. Liability 9.1. To the maximum extent permitted by New Zealand law, the Studio (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance at our classes. This includes but is not limited to any theft, unauthorised access or third-party interference. 

9.2. This limitation of liability applies even if Studio Pilates International has been expressly advised of potential loss. 

9.3. Nothing in these Terms limits any rights you hold under the Consumer Guarantees Act 1993 or any other applicable New Zealand legislation that cannot lawfully be excluded. 

10. Questions and Disputes 10.1. If you have a question, concern, or complaint about any aspect of your membership or these Terms, please reach out to us. We would always rather resolve things directly and in good faith. You can contact us by phone on 021 134 3078 or by email at greyheronstudios@gmail.com. We will respond as promptly as we can and work with you to find a fair resolution. 

11. Force Majeure 11.1. The Studio will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, power failure, pandemic or public health emergency, government restrictions or orders, war, civil unrest, labour disputes, or interruption to utilities or services (“Force Majeure Event”). 

11.2. During a Force Majeure Event, the Studio may suspend, modify, reschedule, or cancel classes, sessions, memberships, or services without liability. If, due to a Force Majeure Event, classes are cancelled, the credit will be returned to your account. Memberships or class passes may be extended or paused at the Studio’s discretion. Refunds will not be required except where mandated by applicable New Zealand law. 

12. Jurisdiction 12.1. These Terms and Conditions are governed by the law in force in New Zealand.