ANCHOR FITNESS

Terms of Use

Effective Date: 4 May 2025

Please read these Terms of Use ('Terms') carefully before accessing or using any services provided by Anchor Fitness ('we', 'us', 'our'). By accessing our website (www.anchorfitness.co.nz), purchasing a membership, enrolling in a programme, or using any of our services, you ('Member', 'Client', 'you') agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services.

1. About Anchor Fitness

Anchor Fitness is a CrossFit coaching and fitness training business operated in Tauranga, Bay of Plenty, New Zealand. We offer in-person coaching, online training programmes, digital fitness products, nutritional guidance content, and educational resources.

These Terms govern your use of all services, including but not limited to: in-person coaching sessions, online memberships, digital downloads, video content, nutrition guides, and any community platforms associated with Anchor Fitness.

2. Eligibility

To access our services, you must:

  • Be at least 16 years of age (those under 18 require parental or guardian consent)

  • Be legally capable of entering into a binding contract under New Zealand law

  • Provide accurate and complete registration information

  • Complete any required health and safety waiver or intake form before commencing physical training

We reserve the right to refuse service to any individual at our sole discretion.

3. Health, Safety & Medical Disclaimer

3.1 Medical Clearance

Physical exercise carries inherent risks. Before commencing any training programme with Anchor Fitness β€” whether in-person or online β€” you are strongly encouraged to consult with a qualified medical professional, particularly if you have any pre-existing health conditions, injuries, or concerns.

3.2 Your Responsibility

By participating in any Anchor Fitness programme, you confirm that:

  • You are physically capable of participating in the activities involved

  • You have disclosed any known health conditions, injuries, or limitations in your intake form

  • You understand that training involves physical exertion and carries the risk of injury

  • You will immediately stop any exercise that causes pain, discomfort, dizziness, or other adverse symptoms

  • You will inform your coach of any changes to your health status

3.3 Assumption of Risk

You acknowledge and accept that participation in CrossFit-style training, strength and conditioning, Olympic weightlifting, gymnastics movements, and high-intensity exercise carries inherent risk of injury, including serious injury or death. To the maximum extent permitted by the Consumer Guarantees Act 1993 and Fair Trading Act 1986, you voluntarily assume these risks.

4. Memberships & Payments

4.1 Membership Types

Anchor Fitness offers various membership options including in-person coaching, online programming, and hybrid memberships. Specific terms, inclusions, and pricing for each membership type are detailed on our website or as agreed at the time of purchase.

4.2 Payment

All prices are in New Zealand Dollars (NZD) and include GST where applicable. By purchasing a membership or product, you authorise us to charge your nominated payment method for the agreed amount.

Recurring membership fees will be automatically charged on the agreed billing cycle (weekly, fortnightly, or monthly) until cancelled in accordance with these Terms.

4.3 Failed Payments

If a payment fails, we will attempt to process it again. If payment cannot be collected within 7 days, we reserve the right to suspend your access to services until payment is received. Continued non-payment may result in termination of membership.

4.4 Price Changes

We reserve the right to adjust pricing with a minimum of 30 days' written notice to existing members. Continued use of our services after a price change takes effect constitutes your acceptance of the new pricing.

5. Cancellations & Refunds

5.1 Memberships

You may cancel your membership at any time by providing written notice to hello@anchorfitness.co.nz. Cancellations will take effect at the end of the current billing cycle. No refunds will be issued for any unused portion of the current billing period unless required by applicable New Zealand law.

5.2 Minimum Terms

Certain membership plans may have a minimum commitment period. Where a minimum term applies, this will be clearly communicated at the time of purchase. Early cancellation of a minimum-term plan may incur a cancellation fee equivalent to the remaining balance of the minimum term.

5.3 Digital Products

Due to the nature of digital products (training programmes, guides, and downloadable content), all sales are final and non-refundable once the content has been accessed or downloaded. If you experience a technical issue preventing access, please contact us within 48 hours of purchase.

5.4 Consumer Guarantees Act

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If a service is not fit for purpose or not delivered as described, you may be entitled to a remedy under New Zealand consumer law.

6. Intellectual Property

6.1 Ownership

All content, materials, programmes, methodologies, branding, logos, videos, written content, workout plans, nutrition guides, and other intellectual property made available through Anchor Fitness β€” including those shared via our website, social media, Skool community, email, or any other platform β€” are the exclusive property of Anchor Fitness and are protected by New Zealand and international intellectual property laws.

6.2 Permitted Use

As a paying member or client, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the content for your personal, non-commercial fitness purposes only. This licence does not include the right to:

  • Copy, reproduce, distribute, or republish any content

  • Share, sell, or sublicence content to third parties

  • Use our content to create competing products or services

  • Remove or alter any copyright, trademark, or proprietary notices

6.3 User Content

If you submit testimonials, progress photos, feedback, or other content to us, you grant Anchor Fitness a royalty-free, perpetual licence to use, reproduce, and publish that content for marketing and promotional purposes (e.g., Instagram, YouTube, website). We will seek your permission before publishing identifiable images or detailed personal stories.

7. Code of Conduct

All members and clients of Anchor Fitness are expected to:

  • Treat coaches, staff, and fellow members with respect

  • Follow all safety instructions and coaching cues

  • Not engage in bullying, harassment, discrimination, or intimidatory behaviour

  • Care for shared equipment and facilities

  • Not attend training if unwell or contagious

  • Disclose any changes to health status that may affect training safety

Anchor Fitness reserves the right to immediately terminate membership, without refund, for any person who breaches this Code of Conduct or whose behaviour poses a risk to the safety or wellbeing of others.

8. Limitation of Liability

To the maximum extent permitted by New Zealand law:

  • Anchor Fitness, its coaches, staff, and contractors will not be liable for any indirect, incidental, special, or consequential loss or damage arising from your participation in our programmes or use of our services

  • Our total liability to you for any claim arising under these Terms shall not exceed the total amount paid by you to Anchor Fitness in the 3 months preceding the event giving rise to the claim

  • We make no warranties that our online content or digital products will be uninterrupted, error-free, or meet your specific requirements

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or any other liability that cannot be excluded under applicable New Zealand law.

9. Online Services & Technology

Our online coaching, digital products, and community platforms rely on third-party technology. We do not guarantee continuous, uninterrupted access to online services. We are not responsible for downtime, technical faults, or limitations of third-party platforms.

You are responsible for maintaining a suitable device and internet connection required to access online content. We will make reasonable efforts to notify you in advance of any planned downtime or service changes.

10. Waiver of Claims

Prior to commencing in-person or online training, you may be required to sign a separate Liability Waiver and Informed Consent document. That waiver forms part of your agreement with Anchor Fitness and should be read in conjunction with these Terms.

11. Suspension & Termination

We reserve the right to suspend or terminate your access to our services, with or without notice, if:

  • You breach any of these Terms

  • You fail to make payment as required

  • Your behaviour poses a risk to coaches, staff, or other members

  • You use our content or intellectual property in an unauthorised manner

Upon termination, your licence to use our content and materials immediately ceases. Any outstanding fees remain payable.

12. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and is available at www.anchorfitness.co.nz. By using our services, you agree to the collection and use of your personal information as described in our Privacy Policy.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising in connection with these Terms or our services will be subject to the exclusive jurisdiction of the New Zealand courts.

We encourage you to contact us directly in the first instance to resolve any disputes informally. If a dispute cannot be resolved, it may be referred to the Disputes Tribunal of New Zealand for matters falling within its jurisdiction.

14. Amendments

Anchor Fitness reserves the right to update or amend these Terms at any time. We will provide at least 14 days' notice of material changes via email or website notice. Your continued use of our services after any changes take effect constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16. Contact

For any questions about these Terms of Use, please contact:

Anchor Fitness

Email: hello@anchorfitness.co.nz

Website: www.anchorfitness.co.nz

Location: Tauranga, Bay of Plenty, New Zealand