Move Academy Limited Enrolment Contract Terms and Conditions
Parties to the Contract
The “Facility” means Move Academy Limited. (Move Academy) which is the organisation providing the service for which the customer is paying. The “student” means the person or party signing this contract. The student acknowledges that Move Academy may contract a third party facility to collect payment instalments due under this contract.
Enrolment
Application for enrolment. By completing the Student Enrolment Agreement (the agreement), the student seeks enrolment in the course(s) provided by Move Academy Limited as selected in the Course Information Section of the agreement and agrees to be bound by these terms and conditions.
Confirmation of enrolment. Upon receiving the signed Student Enrolment Agreement, Move Academy accepts the student’s application for enrolment and the student’s enrolment in the course is deemed confirmed (Active).
I have read, understood and agreed to abide by the Fitlink Code of Practice provided at http://moveacademy.co.nz/index.php/about/code-of-practice as well as the Move Academy Student Handbook provided at http://moveacademy.co.nz/index.php/about/student-handbook
Entire Agreement
This contract, the Direct Debit Authority Form (DDA) entered into between the student and Move Academy Limited, the student handbook and Code of Practice constitutes the entire agreement, understanding and arrangement (expressed and implied) between the student and the Facility relating to the subject matter of this contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. In the event of any inconsistency between the term(s) of this contract, the DDA and student handbook and code of practice (where such inconsistent term(s) specifically relate to the rights and obligations of the facility) the term(s) of the term(s) of this contract will prevail only to the extent of such inconsistency.
If any provision of this contract is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provision will not be affected and such invalid, illegal or unenforceable provision is to be severed from this contract.
Course Fees
The course fees are payable by the student in NZ Dollars. The course fees are non-refundable except in accordance this agreement.
Additional course-related costs. The course may require attendance by the student at public facilities offering exercise classes and/or training sessions for the successful completion of course assessments. The student may undertake these classes and meet the associated costs. The student acknowledges that these costs are in addition to the course fees payable to Move Academy.
As part of developing the practical skills of personal training the student will need access to the following equipment; Blood Pressure measurement kit (Sphygmomanometer and Stethoscope), Heart Rate Monitor and girth measuring tape. If not readily available at the mentor location, facility or local gym the student may need to purchase.
Payment
Payment of the course fees must be made in accordance with the Payment Details selected in the agreement and/or the Direct Debt Authority. Move Academy reserves the right to withhold the issuance of the qualification(s) and/or statement of attainment until payment of the full course fees have been received by Move Academy.
The Student agrees to pay the instalment amount at the agreed payment frequency as outlined in payment details until the total amount payable has been paid in full.
Should there be any arrears in payments the student authorised Move Academy to debit the outstanding balance in order to bring the account up to date.
A late payment fee of $10.00 is payable by the student to the facility for each reversal of a payment initiated by Move Academy or any third party contracted to collect payments on its behalf in accordance with the terms and conditions of this contract.
An administrative fee of $15.00 may be payable to Move Academy by the student on signing of the contract. This will be added to the first instalment being paid by the student.
An administrative fee of $25.00 may also be payable by the student to Move Academy if any changes are made to the payment details by the student during the term of the contract.
Payment Default. If the Student defaults in payment of any fees under this agreement and fails to rectify the default within 14 days, the student authorises Move Academy to notify any debt collection/credit reporting agency upon default by the student in regard to any obligations under this contract. Should this occur, the full outstanding balance of the remainder of the minimum term including any arrears shall be immediately due in full. Move Academy shall add $50.00 to the outstanding debt as its fee for dealing with the defaulting customer. In the event Move Academy appoints an external collection agency the student will be liable for any and all fees or charges as a result of debt collection including and interest, legal charges and the commission charged by the debt collection agency. (approx. 25% of the outstanding debt as previously calculated)
Notwithstanding the terms and conditions herein or recorded within any materials or documentation relating to the student’s academic rights or other rights or processes, should the student be in default of payment then Move Academy Limited may, at its sole and absolute discretion, suspend and/or withdraw the student from the course with immediate effect. Any such action initiated by Move Academy will not affect Move Academy’s entitlement to enforce its right to payment by the student of the full course fees as required under this agreement.
Termination of Contract
The student may terminate this contract if all payments due under the contract have been paid in full as outlined in the Payment Details section. The contract may not be terminated if all payments are not paid.
Entitlement
The student acknowledges that Move Academy may make reasonable changes to the services it provides, to the extent that such changes do not materially disadvantage the student. The Move Academy contract is based on “entitlement” to use and not on actual use of the services. The student is bound by the rules and conditions of the Facility and the Facility may remove the entitlement of use of the services ‘with good cause’. For the avoidance of doubt, this includes where the student fails to comply with the Code of Practice and where the student fails to make any payment due, by its due date.
Provision of Service
Reasonable change of location, or change of ownership, or the name of the Facility, or third party contractor authorized by Move Academy does not absolve the student of responsibility under this contract.
The student has the following maximum time frames in which to complete:
Certificate in Fitness Instructing (Gym-Based Exercise): 6–9 months
Certificate in Personal Training – additional 6 months to the Certificate in Fitness Instruction
Diploma in Personal Training (Gym-Based Exercise): 12-15 months (incl. Certificate’s in Fitness Instructing and Personal Training)
Diploma in Personal Training and Instruction: 15-18 months
The student further agrees that these courses as listed are sequential and are a prerequisite of the former. (i.e. Certificate in Fitness is a prerequisite for the Certificate in Personal Training and for the Diploma of Personal Training & Instruction)
The course commencement date is the date that this contract is executed by the student.
Course Variations
Change in student location. A change of address either within New Zealand or internationally does not constitute grounds for cancellation of this agreement.
Course Deferment. The Student may at any time request to defer their enrolment (suspend their study time). Course deferral will be for a maximum of 3 months only. Any deferment will be subject to the student being up to date with all payments due to Move Academy Limited as detailed under payment details and all future payments will be in accordance with this agreement. The student’s request will be considered by Move Academy and dealt with on a case by case basis. It is at the sole discretion of Move Academy whether a deferment will be approved. All applications for deferment must be submitted in writing through electronic mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. It is the student’s responsibility to ensure receipt of this by Move Academy. Please note that a request of course deferment does not infer an acceptance by Move Academy and a course deferment approval is at the sole discretion of Move Academy management.
Course Cancellation. Students can apply for course cancellation by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. and requesting the Course Cancellation Form. It is the student’s responsibility to ensure receipt of this completed form by Move Academy. The Student’s request will be considered by Move Academy in accordance with the Cancellation Policy in our Student Handbook. Course cancellation has no effect on payments due under this agreement, students are still obligated to pay the total balance as indicated in this agreement following approval of course cancellation. If the student cancels the contract, Move Academy Limited can charge you: the amount of any reasonable expenses the creditor had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, etc) and interest for the period from the day you received the service from the facility until the day you pay the full price of the services. (calculated at 5% per annum)
Statement of Right to Cancel
The Credit contract and Consumer Finance Act 2003 gives a right for a short time after the terms of this contract have been disclosed to you to cancel the contract. How to cancel: - If you want to cancel this contract you must give written notice to the creditor, you must also; - Pay the cash price of the property or services within 15 working days of the day you give notice. If you cancel the contract the facility can charge you: - The amount of any reasonable expenses the creditor had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, etc); and - Interest for the period from the day you received the property or services until the day you either pay the cash price for the property or services. (interest will be calculated at the average interest rate approx. 5%) This statement only contains a summary of your rights and obligations in connection with the right to cancel. If there is anything about your rights or obligations under the Credit Contract and Consumers Finance Act 2003 that you do not understand, if there is a dispute about your rights, or if you think that the facility is being unreasonable in anyway, you should seek legal advice immediately.
Refunds
Any request for a refund of course fees will be considered by Move Academy on a case by case basis.
Request for Refund - You are entitled to submit a request for a refund (less $500 administration fee) of course fees for consideration by Move Academy if you withdraw from the course(s) within 5 working days from signing this agreement. - A request for a refund must be made by completing the Course Cancellation Request Form by emailing admin@move academy.co.nz - Where the request is accepted, Move Academy will advise the Student in writing within 10 working days and provide the calculations for and details of the approved refund. - Where the request is denied, the student will be advised within 10 working days.
Privacy of Information
The Student authorizes Move Academy or any authorized party by the facility to contact the customer for any purpose. The student has the right under the Privacy Act 1993 to obtain access to and request correction to any personal information concerning the student held by the facility. You acknowledge that personal information collected or held by the facility may be used by third parties approved by the facility to make offers to you.
Liability
To the extent permitted by Law, Move Academy shall not be liable or responsible to the student or any party for any indirect or consequential injury, loss or damage to the student or property of the student whatsoever and howsoever arising. Nothing in this clause is intended to have the effect of contracting out of the Consumers Guarantees Act 1993 except to the extent permitted by the Act.
Administration Fees
The Student acknowledges that Move Academy may charge administration fees in accordance with administration services as detailed in our student handbook. The Student acknowledges that these fees are payable by the student, in full, in advance of the administration services being provided by Move Academy.
Acceptance/Declaration
Upon signing this Agreement, the student acknowledges their understanding of the agreement entered into with Move Academy Limited and that: - the student warrants he/she is 18 years of age or over at the time of signing this contract with Move Academy Limited; if not, this agreement is to be signed by parent or guardian on my behalf; - the student warrants that the information provided by the student in the agreement is true and correct; - the student accepts the terms & conditions and have read /understood the Move Academy Limited Student Handbook and Code of Practice as provided on the website - the student has declared any and all support needs to Move Academy at the time of enrolment and accepts that, if the Student’s enrolment is confirmed by Move Academy, the company will operate within its policies to meet any needs the Student has declared; the course commencement date and durations will be determined in accordance with the terms and conditions of this agreement; the student is responsible for his/her own progress and submission of work including assessments; the student will notify Move Academy immediately if he/she becomes aware of any circumstances which may affect their ability to satisfactorily complete the course in order that Move Academy can determine whether the company can provide assistance or support to the student during the provision of the course; - I give permission for Move Academy Limited to use any marketing or advertising materials that refer to me. - I hereby apply for enrolment and personally guarantee all fees as detailed in this enrolment form. - I hereby acknowledge that I have read and agreed to all aspects of this enrolment and that a copy of this contract has been provided to me.
