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Trade Terms & Conditions

Effective Date: 10 October, 2025
Operated by: ACTN3 Limited (trading as ACTN3 – Performance Athletes)
Based in New Zealand

1. Introduction

These Terms and Conditions govern your use of ACTN3’s services, including:

  • In-person services (e.g., facility access, coaching, training, events)
  • Digital services (e.g., ACTN3 App, website, online coaching, virtual programs)

By registering, subscribing, or participating in any ACTN3 service, you agree to be bound by:

If you do not agree, you must not use ACTN3 services.

2. Eligibility & Accounts

  • You must be 16 years or older to use ACTN3 services.
  • Users under 18 require parent/guardian consent and agreement to the Waiver.
  • You must provide accurate, current information when registering.
  • You are responsible for maintaining the confidentiality of your login details.

3. Memberships & Subscriptions

In-Person Memberships:

  • Available on weekly, fortnightly, monthly, or annual billing.
  • Auto-renew until cancelled (see Section 4).
  • Services may include facility access, classes, coaching, and events.

App & Online Subscriptions:

  • Monthly: $65 NZD/month
  • Annual: $650 NZD/year (save ~$130)
  • Includes a 7-day free trial (no charge until the trial ends).
  • Online coaching is billed separately.

By subscribing, you authorise ACTN3 to charge your nominated payment method on a recurring basis.

4. Cancellation & Membership Holds

In-Person Memberships:

  • Cancel with 4 weeks’ written notice via email or the membership platform.
  • Billing continues during notice period.

Membership Holds:

  • Request in writing before the hold starts.
  •  $5/week hold fee applies.
  • Hold duration: 1–6 weeks (unless otherwise approved).
  • Access is paused during the hold.

App Subscriptions:

  • Cancel anytime via your app store before the next billing cycle.
  • No refunds for:
    • Change of mind
    • Partial use
    • Missed sessions or unused features

Refunds will only be provided where required by New Zealand Consumer Guarantees Act 1993.

5. Coaching, Testing & Events

In-Person:

  • Includes 1-on-1 coaching, group sessions, performance testing, and specialty programs.
  • You are responsible for ensuring you are medically fit to participate.
  • Missed sessions do not qualify for refunds.

Online:

  • Custom programs, nutrition guidance, video feedback, and event prep may be offered.
  • Online coaching packages are billed separately and may have minimum commitment periods.

All participation is subject to the Waiver & Release of Liability.

6. Facility Use & Conduct

To maintain a safe environment, you must:

  • Respect staff, members, and shared spaces
  • Follow instructions, safety and hygiene rules
  • Use equipment responsibly and clean after use
  • Wear appropriate clothing and footwear
  • Refrain from unsafe, aggressive, or disruptive behaviour

ACTN3 reserves the right to suspend or terminate membership for misconduct without refund.

7. Digital Content & Use

App & Website
Digital content includes training plans, tracking tools, coaching feedback, and educational resources.

You must not:

  • Reproduce, sell, or distribute ACTN3 content
  • Share login credentials or access rights
  • Attempt to reverse-engineer or modify the app

Content is for general fitness guidance and does not constitute medical advice.

8. Health Disclaimer & Risk

All ACTN3 services, in-person and digital, involve physical activity.

By participating, you confirm:

  • You are in good physical condition and cleared for exercise
  • You accept the inherent risks involved
  • You release ACTN3 from liability as outlined in our Waiver

Always consult a medical professional before beginning any new training or nutrition program.

9. Intellectual Property

All content, branding, and materials provided by ACTN3 (including the app, website, programs, and communications) are protected by copyright
and intellectual property laws.

You may not:

  • Copy, reproduce, or distribute our content
  • Use ACTN3 branding without written permission

An active subscription grants you a personal, non-transferable license to access content for your own use.

10. Privacy & Data Use

We collect personal and training data to deliver services and improve your experience.

Data may include:

  • Contact and account details
  • Fitness, health, and performance information
  • Usage data via tools like Google Analytics or Firebase

Data is managed in accordance with the NZ Privacy Act 2020.

We do not sell your personal data. It may be shared only with:

  • Your assigned coach
  • Platform providers (e.g., MyStrengthBook)
  • Legal authorities if required by law

See our full [Privacy Policy] for more.

11. Website, App & Service Availability

We aim to ensure the ACTN3 app and website are reliable and secure. However, we do not guarantee:

  • Uninterrupted access
  • Absence of bugs, errors, or downtime
  • That defects will be immediately corrected

ACTN3 may change or suspend any feature at its discretion.

12. Limitation of Liability

To the fullest extent permitted by law, ACTN3 is not liable for:

  • Indirect, incidental, or consequential damages
  • Injury or loss arising from misuse of our facilities or digital services
  • Downtime, bugs, or third-party service failures

Our total liability will not exceed the amount paid by you in the 3 months preceding any claim.

13. Indemnity

You agree to indemnify and hold ACTN3, its staff, and contractors harmless against any loss, liability, or claim resulting from:

  • Your misuse of the app, facilities, or services
  • Your breach of these Terms
  • Any negligent or unlawful behaviour

14. Changes to These Terms

We may update these Terms at any time.

If changes are material, we will notify you via:

  • Email
  • App notifications
  • On-site signage (for in-person services)

Continued use after notification constitutes your acceptance of the new Terms.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of New Zealand.
All disputes will be handled exclusively by New Zealand courts.

16. Contact Us

For questions, cancellations, or support, please contact us.