HEALTH, SAFETY, RULES & CONDUCT AGREEMENT

This Agreement has been prepared to ensure compliance with the Privacy Act 1993. This Agreement is between the Member (you) and The Garden Pole Dance Studio trading as The Garden Pole Dance Studio at Hyde Park Complex, Unit D7/61 Marsden Street, Melling, Lower Hutt 5010. The information collected is stored securely, is not disclosed to third parties without Member’s consent and will be destroyed when the Membership is terminated.

TERMS AND CONDITIONS

RULES AND CONDUCT

You agree to adhere to all rules provided at the Facility or otherwise notified to you which relate to use of equipment, health and safety (including hygiene), parking, and the day to day operation of the Facility and its surrounding areas. 

In using the Facility, you must: 

  • Upon arrival be respectful of the class in session and keep noise to a minimum while waiting for your class.

  • Remove all jewellery (particularly rings) including body jewellery, prior to using the Facility as they scratch and damage the poles, and can cause injury to yourself and other Members. You are responsible for safe storage of your jewellery (not on the Facility floor as it is easy to lose).  

  • Refrain from taking photos or videos of other Members without their prior consent, and be careful of those who may be in the background of any of your content.

  • Participate in a way that is safe for you and others using the Facility. Inform the instructor of any injuries or conditions you may have so that they can make safer adjustments to class content for you.

  • Make sure you understand how to participate in activities safely, and if you are unsure, that you ask for our assistance.

  • Utilise crash mats and instructor spotting safety measures if attempting activity that is new and potentially dangerous for you. If the instructor prohibits you from any activity you must cease this immediately until the instructor allows you to commence with safety measures in place.

  • Apply safe practice when kicking/inverting/dancing near walls/mirrors/other poles/other Members. 

  • Apply safe practice when walking near other Members while they are kicking/inverting/dancing.

  • Refrain from allowing another person (especially non-members) to enter the Facility with the intention to watch or participate in classes with you, which is strictly forbidden. Only Members of the studio that are booked into scheduled classes using the MindBody system can enter the Facility to attend classes. Allowing people to tail-gate or granting non-members access to the Facility poses a safety risk to you, other Members, the person themselves and the Facility, and as such we will take all measures to enforce this rule. If you would like to bring a person to the studio for special purposes (such as to be used as a human prop for an upcoming performance) you must discuss this with an instructor and gain consent ahead of time. 

  • Refrain from bringing children to the Facility, as this poses a safety risk to you, other Members, the child themselves and the Facility, and as such we will take all measures to enforce this rule. If you have reasonable need to bring children to the Facility you must discuss this with an instructor and gain consent ahead of time, and you must supervise them at all times to ensure they do not enter restricted areas or play with any of the stock or equipment.

  • Keep out of restricted areas including; behind the reception desk, shower stall (unless you have obtained consent from an instructor to use this) and all areas in and around the Facility when the Facility is unstaffed or outside of scheduled open hours.

  • Refrain from unplugging, removing, replacing or otherwise tampering with any equipment in the Facility. 

  • Place weights and other equipment lightly on the floor after each use.

  • Dress in clothing that you are comfortable in, and proper pole dancing shoes if you wish to wear heels.

  • Be responsible for your belongings. Lockers are available in the changing area for you to use on a first come, first serve basis. Note that if you lose the key you are responsible for paying a replacement fee of $20. If no lockers are available, you must ensure your belongings are stored neatly out of the way of the Fire Exit, any amenities and other Members use of the area. The Garden Pole Dance Studio is not liable for any theft or damage to your property.

  • Keep your class-items (grips, drink bottle, phone, charging cables, etc) placed at the perimeters of the room to avoid trip hazards. 

  • Under no circumstances smoke, consume alcohol or illegal drugs on Facility premises or surrounding area. In addition, you must not bring any illegal substances onto the Facility premises or surrounding area. If you are found doing so we may expel you from the Facility and/or terminate your Membership.

  • Act in a considerate and respectful manner towards the instructors and other Members of the Facility. It is forbidden to use inappropriate behaviour such as (though not limited to); loud, insulting, abusive, demeaning language (including though not limited to); disrespecting or marginalising strippers or other sex workers, glorifying or condoning certain body types, or disrespecting others on their gender, sexual orientation, colour, race, ethnic or national origin, age, religious or ethical beliefs, disability, marital status or family responsibilities) or harassing, intimidating, bullying or bothering instructors or other Members. If we find you conducting yourself in a way that jeopardises the health and safety of you or others in the Facility, or you breach any of our Facility rules that causes a detrimental effect to the Facility (or any of its instructors or other Members) we may expel you from the Facility and/or terminate your Membership. 

  • Thoroughly wipe down the poles after each use using the cleaning fluid and cloths provided. Spray onto the cloths, then wipe the pole as spraying directly onto the pole can leave the floor slippery.

  • Return all equipment to its rightful place when you have finished using them. Ensure the studio is clean, tidy and ready for the next class.

LIABILITY AND INDEMNITY 

You will be responsible for any loss or damage caused by your use of the Facility. You understand the potential for injury or other dangers related to any form of physical activity including any activity you participate in at the Facility. In consideration of your participation in activity you agree to release & indemnify The Garden Pole Dance Studio as follows:

  • You participate in the exercises and activities at your sole risk and responsibility. 

  • You release, indemnify and hold harmless The Garden Pole Dance Studio, including its Co-Directors and instructors, from and against all actions or claims which you may lodge, or may be lodged on your behalf by other parties, arising out of an injury, loss, damage or death caused to you or your property whether by negligence, breach of Agreement, or in any way whatsoever. 

  • You also agree that in the event you become injured or your property is damaged, you will bring no claim, legal or otherwise, against The Garden Pole Dance Studio in respect of that injury or damage.

The Garden Pole Dance Studio, nor any of our instructors or representatives, will not be responsible for any resulting damage caused by you failing to follow any rules or reasonable directions provided regarding use of the Facility’s equipment. 

You are solely responsible for your property, including that which you bring into the Facility or onto its premises,) and the security of that property. You should not take any valuables into the Facility, even if you intend to store them inside a locker as the Facility will not be responsible for any loss or damage to valuables brought into the Facility or onto its premises. 

In compliance with New Zealand Law, neither we, nor any of our instructors or representatives, nor you will be liable for any loss of profits, or any consequential, indirect or special damage or damage or injury of any kind suffered by the other party to this Agreement. 

Nothing in this Agreement is intended to cause the effect of limiting or reducing your rights against us under the Consumer Guarantees Act 1993 (CGA). As a consumer, you are entitled to certain guarantees under the CGA. If we breach any of these guarantees, your rights of redress are set out in the CGA.

HEALTH AND OTHER RISKS

Our instructors are not medically trained and cannot assess whether you can participate in activities without risking your health, safety or comfort. 

We endeavour to keep the Facility at a comfortable temperature for our Members however will attempt to increase/reduce ventilation as required.

We keep a First Aid Kit fully stocked and readily available in the changing area, along with ice packs in the freezer should they be required.

You must:

  • Notify us in writing if you have any injury, illness, disability or other condition of risk (including infections or contagious illness) that means you shouldn’t be using The Garden Pole Dance Studio’s facilities.

  • Refrain from using The Garden Pole Dance Studio’s facilities if you suffer from any injury, illness, disability or other condition which could cause further injury, or exacerbate your condition, or present a health risk to instructors or others in the Facility. You confirm that it is advisable that you undertake a medical examination prior to attending the Facility in order to avoid injuries or pressure on your body, though this is entirely at your discretion to do so.

  • Under no circumstances consume alcohol or take illegal drugs prior to entering and participating at the Facility as this poses a safety risk to you, other Members and the Facility, and as such we will take all measures to enforce this rule. If you are found doing so we may expel you from the Facility and/or terminate your Membership.

  • Note it is important to stay hydrated during physical activity and water is available from the kitchenette in the changing area.

  • In the event of an emergency, if the instructor has not already done so or is unable to do so, call 111 for an Ambulance. Key situations that constitute an emergency include:- When someone has chest pain or tightness (can also be felt in arm, jaw, upper abdomen)- A person has difficulty breathing- When someone is choking- A person faints or is unconscious- Someone is suffering severe pain- When there is severe bleeding or bleeding that won’t stop.

EMERGENCY EVACUATIONS

In the event of a fire emergency remain calm, leave personal belongings and follow an instructor outside through the Fire Exit (front door) to the Assembly Area (refer to Emergency Procedures displayed in the changing area). If the fire is minimal and you feel comfortable to do so without risking your own safety or the safety of others, there is a fire extinguisher located in the changing area for your use.

In the event of an earthquake emergency remain calm, safely drop, cover and hold on the floor, away from glass or mirrors, until the shaking has stopped. Once the shaking has stopped and it is safe to exit, get dressed and collect your essential belongings before following the instructor outside through the Fire Exit (front door) to the Assembly Area (refer to Emergency Procedures displayed in the changing area). Follow the advice of the instructor to seek higher ground. Melling sits inside the yellow zone of Tsunami risk, so move to Central Lower Hutt for higher ground.

COVID-19 MEASURES

While we endeavour to minimise risks regarding COVID-19, access to our Facility is entirely at your own risk and we cannot guarantee that the Facility will be, or will remain, free from COVID-19.

We apply and practice contact tracing measures which includes the ability to share relevant contact tracing information with the Ministry of Health (MOH) should this be requested. We instruct all Members and instructors to sign in using the COVID-19 tracer app QR code upon arrival.

These measures will be communicated to you, with the timing, nature and extent of these measures subject to change depending on our management of risks associated with COVID-19, government guidelines (including from MOH) and changes in the specific requirements of Alert Levels and Health Act Orders published by MOH.

Our measures may cover, though are not limited to:

  • Outside of any legal requirements, restricting the number of people in the Facility at any given time.

  • Access to the Facility is only granted through a time slot booked through the MindBody class booking system. 

  • Refusing entry to any person exhibiting signs of being physically unwell.

  • Physical distancing requirements while at the Facility.

  • Restricting certain classes, equipment, or rooms within the Facility. For example, all small equipment such as bands and foam rollers may be removed, or we may cease having fans operate in the Facility.

  • Restricting the use of the Facility outside of the normal geographical area of a Member, particularly where that geographical area has registered a high instance of COVID-19 cases or community outbreak.

  • Mandatory use of towels within the Facility and the provision of a spray bottle of disinfectant with the requirement to spray and wipe down every surface that you touch while you are using the Facility.

  • Hand sanitizing as a mandatory practice upon entry and departure, along with the provision of sanitising stations for regular use while at the Facility.

  • Spacing out equipment out to allow for physical distancing in compliance with the government Alert Level requirements. This applies at all times within the Facility as well as in the Facility carpark and surrounding area.

  • We may implement other operational changes, which may include procedures such as; overnight deep cleaning of the Facility and cleaning of all equipment after each class. These changes will be based on what we consider appropriate in relation to managing COVID-19 associated risks. Therefore, class availability, equipment and Facility rooms will be at our sole discretion and may be varied from time to time.

  • We will try to update you on any changes as soon as is practical, however this may not always be possible where urgent measures require immediate introduction.

DECLARATION

I have read and understood this Agreement. I agree to comply with all of the above Conditions set out in this Agreement and any updates or variations communicated to me from time to time by The Garden Pole Dance Studio.

I understand that if I am found conducting myself in a way that jeopardises the health and safety of myself or others in the Facility, or I breach any of the Facility Rules and Conduct that causes a detrimental effect to the Facility (or any of its instructors or other Members) I may be expelled from the Facility and/or my Membership may be terminated.

I confirm that I participate in the exercises and activities at my own sole risk and responsibility. I release, indemnify and hold harmless The Garden Pole Dance Studio, including its Co-Directors and instructors, from and against all actions or claims which I, or other parties on my behalf, may lodge arising out of an injury, loss, damage or death caused to myself or my property whether by negligence, breach of Agreement, or in any way whatsoever. I also agree that in the event I become injured or my property is damaged, I will bring no claim, legal or otherwise, against The Garden Pole Dance Studio in respect of that injury or damage.

I understand that I am solely responsible for my property, and the security of that property. 

I accept that I am responsible for any loss or damage caused by my use of the Facility and costs required to rectify these.