Terms and Conditions

These are the terms and conditions of Wheelie Fit Mums, a trading arm of Elite Physiotherapy Limited,  and all employees/contractors, operating under the name Wheelie Fit Mums, hereafter referred to as "WFM". Please read the terms and conditions carefully and indicate your acceptance of them.

 

1. Eligibility

To book and participate in a WFM session you must:

  1.        Be at least 18 years of age and be a Mum of a stroller age child (0-4years)
  2.        Be a registered client with WFM™
  3.        Complete the WFM registration form and pre-screening health form
  4.        Accept the WFM™ terms and conditions and safety guidelines
  5.        Have the permission of your LMC/GP in writing if you are under their care and signed the prenatal forms      

1b.  Cancellation / Non-Acceptance / Payout of Membership

Wheelie Fit Mums reserves the right to cancel a membership and/or payout a membership at anytime if we feel that the member is:

a)  Causing negative disruption to a trainer and/or other members before, during or after a session

b)  Continually arguing or causing persistant difficulty for a trainer that undermines their ability to lead the session

c)  Is unable or unwilling to follow instructions that effect the smooth running of the sessions, and negatively impacts the participation level of other members

d)  Negatively impacts the level of enjoyment of other members in the group in any way

e)  Does not adhere to Wheelie Fit Mum procedures, including booking and cancelling sessions, using and returning equipment

e)  Any other behaviour which Wheelie Fit Mums considers inappropriate and negatively effects the brand and reputation of our business and our customers 

2.  Participation of Wheelie Fit Mums Sessions

You may participate in a WFM session on the following basis:

a) Wheelie Fit Mums Bulk Sessions:

Any eligible client who wishes to participate in Wheelie Fit Mums exercise programme can purchase “WFM bulk sessions” in units of 5,10, or15.  Each bulk unit is eligible for a set period of time, after which all remaining sessions expire, and can no longer be used to redeem sessions. The length in which a bulk set can be used is outlined in the schedule below (exclusive of any periods WFM may shut down by choice, but inclusive of all public holidays.  Extraordinary circumstances like earthquakes/snow will take expiry dates into account at the discreation of the owner.

5 and 10 Session Set:  Must be used within 12 weeks from day of purchase

15 Session Set:  Must be used within 6 months from day of purchase

Prices and details for bulk session passes are set out in the price list. 

 

2b. Specials, Discounts, Loyalty Promotions, Free Sessions, Transfer of Sessions, Free Sessions

Current members who stop participating in sessions for any reason other than medical (with an appropriate medical certificate) are unable to gift/and or sell unused session credits to any other person.  Discreation of the owner may be used in unusual circumstances.  Free "Refer a Friend" sessions are unable to be gifted/and or sold to any other person. The loyalty special discount only applies in the instance where the member has made payment for new sessions within 14 days of their expiry date or last attended session, otherwise the going rate applies. Loyalty Discounts only apply to full priced concession memberships.  They cannot be used or applied to sale prices.   Free trial sessions do not apply to new members who purchase during promotional sale periods, such as Treat Me.  Refunds will not be given if you change your mind after purchase.

2c.  Refunds

1.  If you are unhappy with your session for any reason please put in writing your concerns, and any issues arisen to info@wheeliefitmums.co.nz no more than 24 hours after the session end.  WFM's liability is limited to its obligations to refund under the Consumer Guarantees Act 1993.

2.  WFM  will comply with our obligations under the Consumer Guarantees Act 1993 in respect of giving refunds. 'Refunds' in this context includes items that:

(b) are not of acceptable quality; or

(c) do not match the description WFM gave you when you made your purchase (50 min outdoor stroller fitness session).

(d)  If you want to get a refund, please contact us on info@wheeliefitmums.co.nz within 24 hours  of the attended session.  WFM must deem this session to be of poor quality to give a refund.  We will require a written statement of how the session was not of acceptable quality to you, and will endeavour to remedy this problem for the future in discussion with you.  If we decide the session to be not of an acceptable standard, a session credit will be refunded via the Wheelie Fit Mums website booking system. An email to confirm this will be sent.  WFM™ has the right to pay out a member's entire membership if we choose to do so, if we feel the customer cannot comply with the terms and conditions, and adherence to trainer instructions and directions.

e) Unfortunately WFM is unable to provide you with a remedy for goods that were not faulty at the time they were delivered to you. This includes you changing your mind, or something in your personal schedule changes beyound the control of WFM™ that prevents you from coming to sessions, other than for medical reasons (with a supplied medical certificate if requested).
If you request a refund for a session deemed of poor quality, WFM has the option to offer you a refund, or credit note. However, this is at WFM's™ sole discretion and will apply on a case by case basis.
 

3. Fees

  1. Fees for participation in WFM sessions are set out online here.
  2. Total fees must be paid in advance of the attendance of the first session
  3. Fees may change without notice
  4. Fees paid for any WFM sessions are not refundable unless with the written authorisation of a WFM Director
  5. If a participant is unable to continue to use their WFM bulk sessions for any reason other than medical, it is at the discretion of the director as to whether a refund will be given.
  6. Fees will not be refunded if you change your mind after purchase.

4. Bookings

You accept that:

a) Bookings can only be made via the website members area. 

b) You must notify WFM if there are any changes to your registration details as completed by you prior to your initial/first booking, including pregnancy, injury, and or other personal information.

c) You must notify WFM if there are any changes to your medical condition and/or health (including pregnancy) at any time throughout your participation in Wheelie Fit Mums sessions.  At the purchase of new WFM sessions you must confirm that your medical questionnaire as completed by you at your first booking is accurate and up to date.

5. Alterations and cancellations by WFM

  1. Every effort will be made to ensure that your session runs as per the details in your booking.  However, WFM reserves the right to vary session details (including time, location, format and instructor) or cancel a session entirely if necessary.  Where appropriate, notice of these changes will be made in the first instance via notification on the website at least 1 hour prior, but may be made via email, phone or in person.  On the rare occasion a session may be cancelled at the beginning of a session if the weather changes suddenly and the majority of the group no longer wants to continue.
  2. If WFM changes a session location or cancels a session due to bad weather, bad light or unforeseen circumstances, every reasonable effort will be made to inform customers prior to the session.
  3. It is the members responsibility to check the website one hour prior to their session starting for cancellation details.

6. Cancellations made by you

If you cancel a booked session, for whatever reason, the following will apply:

a)   Cancellations up to 24 hours prior to your session - No session will be redeemed.
b)   Cancellations within 24 hours of your session - your session will be redeemed.
c)   Cancellations once your session has started - your session will be redeemed.

7. Personal Information

WFM may collect, use and disclose the information provided by you on the terms and for the purposes (including marketing and promotional purposes) set out in WFM’s Privacy Statement

8. Health and Fitness

You must complete the WFM health questionnaire prior to booking and participating in your initial/first WFM session.  You undertake to provide WFM with true and complete information.  If you answer yes to any of the questions in this questionnaire WFM reserves the right to reject your application and you will not be permitted to participate in a WFM session without the written consent of your doctor, medical practitioner or therapist.  In the event of any change to your health, or condition that would affect your ability to engage in physical activity, or to any answer provided in the questionnaire, you undertake to inform WFM prior to the commencement of any session.

In the event of an emergency or should the need otherwise arise, you give WFM permission to contact your nominated emergency contact, medical practitioner or therapist.

9. Safety

You agree that, when present or participating in a WFM session, you will be careful, both for yourself and others, and you will comply with the safety regulations and instructions of WFM trainers at all times.  If exercising in a public space you will observe all local rules, road rules and local laws, and be aware of dangers to your child like dogs in public spaces.  If at any time a WFM trainer considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session.  WFM, at its discretion, may also refuse your participation in future WFM sessions.  

10. Child safety

WFM accepts no responsibility for the safety and wellbeing of children during our session.  The safety and wellbeing of the child (or children) is solely your responsibility.  We will endeavour to inform you of clear dangers to you and your child such as wet grass, slippery surfaces, dogs, vehicles to help you keep safe. 

You accept that there is a risk (however minimal) of voluntarily involving your child (or children) in this activity and that you involve your child (or children) at their own risk.

11. Acknowledgement and Acceptance of Risk

You acknowledge that participation in physical activity, including the use of equipment, in the outdoors carries with it a risk of injury or damage to my person, and/or  personal property, I also understand that exercise and fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved.  I hereby agree to expressly assume and accept all and any risks of injury or death.

You represent and warrant that you have disclosed to us all information about your medical condition and history that you are aware of that relates to your participation in a WFM session. You understand that participation in a WFM session may involve exercise or activity that you should not undertake if you suffer from any medical condition or have a pre-existing injury. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner or therapist.

12. Liability

General

To the extent permitted by law, WFM excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms.

Limitation of liability

If WFM fails to provide the services in accordance with these Terms, WFM will, at its discretion, re-supply the services or pay the cost of re-supplying the services.

Exclusion of liability

To the extent permitted by law, WFM excludes its liability for any loss (direct or indirect) of any person arising from or in connection with these Terms or participation in, or transport to/from, a WFM session, including, without limitation, any loss (direct or indirect) arising from or in connection with:

  • any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness; or
  • any medical condition, injury or illness which you sustain during any session run by Wheelie Fit Mums; or
  • any medical condition, injury or illness which your child (or children) sustains during any Wheelie Fit Mums session; or
  • any damage to or loss of your personal property during any session run by Wheelie Fit Mums.

13. Indemnity

Except to the extent of Wheelie Fit Mum’s, or a WFM employee’s, negligent acts or omissions, you agree to indemnify and hold harmless WFM and all its employees from all loss (direct and indirect) for which WFM or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these Terms or participating in a session run by WFM.

14. Changes to these Terms and Conditions 

WFM reserves the right to change these Terms and Conditions without notice.  Once a customer has successfully registered as a client by accepting the Terms and Conditions the responsibility is upon themselves to maintain an awareness of the current Terms and Conditions of WFM.  To enable this, the Terms and Conditions will constantly be available from the WFM website.

15.  Shut Down Periods

 Specific shut down dates will be advertised under session information updates page prior to shut down periods well in advance. These may alter from time to time. Current members will be advised of shut down periods via email also.  Wheelie Fit Mums does not operate on public holidays.

16.   Refer a Friend Special

 

 17.  A)  Fixed Price Option - currently not available 

a)  Participants may nominate any day, time and park at the purchase of their bulk sessions, however places are dependent on availability.  If the nominated selection is not available and alternative will be offered.  Final confirmations will always be made via email directly to the customer, and once this is accepted via email, no amendments to day, time or park can be made to the selection.

b)  Once payment has cleared via internet banking, or personal cheque sessions will commence on the next available nominated day.

c)  Sessions will run for 10 consecutive weeks.

d)  In the case of adverse weather, and the session being cancelled by the trainer all customers will receive a one week extension onto their expiry date.  In the unusal circumstance of more than one week being cancelled in a row, the discreation of the trainer will be used.

B)   Flexible Price Option

a) Participants may change between days, times, and parks each week, as long as the class isn't full to capacity

b) Participants can cancel and book a session up to 24 hours prior to the start time of the session

c) Participants may change between session types with the recommendation of their trainer only

d)  All bookings and cancellations made via the website booking system. The payments are handled using DPS' hosted payment gateway. We do not store, capture or hold any credit card details on the website or server.

e) Participants are welcome to attend more than one session per week

f) Participants may choose not to attend every week, as long as the sessions are used within the expiry date issued.

 

18. Wheelie Fit Easy Pay Membership Terms - currently unavailable

 

Wheelie Fit™; Easy Pay Membership Terms and Cancellation Policy:

This membership will entitle the undersigned to 12 consecutive weeks of unlimited Wheelie Fit Mums™; sessions in either the level 1 Wheelie Fit™; and/or level 2 Wheelie Wheelie Fit™; programmes.  This membership cannot be gifted or transferred to any other person or third party at any time.  This membership or any part thereof cannot be refunded for cash or session credits.

If in the instance where a medical condition (including pregnancy) prevents the undersigned from participation, a medical certificate will need to be provided.  After which the membership payment can be put on hold, until such time as you can return.

Failure to make agreed payments on time will result in membership suspension and removal of membership privileges.  Ongoing payment issues may result in membership cancellation.  Wheelie Fit Mums™; reserves the right to refuse future membership applications to those not in compliance with the above regulations.

19.  Agreement

Please read these terms and conditions carefully.  If you have any questions regarding their content, then please seek independent advice or alternatively you can call WFM on 0211041613  You must accept and agree to these terms and conditions before your registration can be confirmed. Failure to do so will result in you not being able to participate in WFM sessions, and your registration will not be processed.

I have read and understood the above and agree to the WFM Terms and Conditions.