Gym Membership Agreements in NZ: What You Need to Cover

A membership agreement isn't just legal protection — it sets expectations clearly from day one. A good agreement means fewer disputes, clearer cancellation processes, and stronger grounds to revoke access if a member causes problems. Here's what to include for a NZ gym.

Legal context in NZ

Gym memberships in NZ are governed primarily by the Fair Trading Act 1986 and Consumer Guarantees Act 1993. Key obligations: your agreement must be written in plain English, you can't include unfair contract terms (like automatic 12-month rollovers without clear notice), and cancellation rights must be made clear.

What to include in your agreement

Membership terms and pricing

• Monthly price and when billing occurs
• What the membership includes (access hours, facilities)
• How and when prices may change (e.g. 30 days notice)
• Trial periods or founding member conditions if applicable

Payment and access

• Accepted payment methods (card only, for most automated systems)
• What happens if a payment fails — automatic retries, then access suspension
• That door access is conditional on an active, paid membership
• Member's responsibility to keep card details updated

Cancellation

• How to cancel (email, in app, etc.)
• Notice period if any (month-to-month is standard; be careful with longer lock-ins under the Fair Trading Act)
• Refund policy for unused portion of a billing period

Conduct and access revocation

• Expected behaviour on premises
• No guest policy (if applicable)
• Circumstances where access will be immediately revoked (non-payment, misconduct, safety violations)
• Process for disputes

Health and safety

• Member's acknowledgement that gym activity carries inherent risk
• Member's responsibility to train within their abilities and seek medical advice if needed
• Limitation of your liability for injury resulting from member's own negligence
• Note: you cannot limit liability for your own negligence under NZ consumer law

Where to get a template

ExerciseNZ (the NZ exercise industry body) publishes guidance and template agreements for member gyms. A solicitor experienced in commercial contracts can draft a bespoke agreement for $500–$1,500 — worth doing once to get it right. For very small gyms, a well-written DIY agreement based on ExerciseNZ guidance covers most situations.

Digital signing

Electronic signatures are legally valid in NZ under the Contract and Commercial Law Act 2017. Tools like DocuSign, HelloSign, or even a checkbox on your signup flow (with clear language and a logged timestamp) can constitute valid acceptance of your terms.