TERMS OF SERVICE

Agreement between User and Dynamic Basketball

By using dynamicbasketball.co.nz the user agrees to all terms and conditions.

If you are under 18 years of age you will need the consent of your parent/guardian to book/use dynamicbasketball.co.nz.

This website’s goal provide visitors with information regarding the training system and the services provided. Furthermore, providing booking services for paying clients and branded products sold by Dynamic Basketball Ltd.

Membership Types

Dynamic Basketball Ltd offers the following membership structures:

  1. Fixed-Term Memberships (e.g. 3-Month Contracts)

  2. Flexi Month-to-Month Memberships

  3. Flexi Week-to-Week Memberships

Each membership type is subject to the terms outlined below.

Fixed-Term Memberships

Commitment

Fixed-Term Memberships require commitment for the full agreed minimum term (e.g. 3 months).

Early cancellation during the fixed term is not permitted unless agreed in writing by Dynamic Basketball Ltd.

Rollover

Upon completion of the minimum term, the membership will automatically roll over to a month-to-month basis unless cancelled in writing prior to the next billing date.

Cancellation After Minimum Term

Once the minimum term has been completed, cancellation requires written notice at least 3 business days prior to the next billing date.

If notice is not received within this timeframe, the upcoming payment will be processed and is non-refundable.

Flexi Month-to-Month Memberships

Flexi month-to-month memberships have no minimum term.

Cancellation requires written notice at least 3 business days prior to the next billing date.

If notice is not received within this timeframe, the upcoming monthly payment will be processed and is non-refundable.

Flexi Week-to-Week Memberships

  • Flexi week-to-week memberships have no minimum term.

  • Cancellation requires written notice at least 3 business days prior to the next billing date.

  • If notice is not received within this timeframe, the upcoming weekly payment will be processed and is non-refundable.

Membership Upgrades

Members may upgrade their membership at any time.

Where an upgrade occurs:

  • The existing membership will be cancelled effective from its next billing date

  • The upgraded membership will commence from that same date under a new contract term (if applicable)

Membership Downgrades

Downgrades are not permitted during a fixed-term contract.

Any downgrade request will take effect only after the current fixed-term contract has ended.

No refunds, credits, or adjustments will be provided for downgrades during a fixed-term contract.

Membership Holds

Eligibility

Members must have an active membership for at least 1 month before requesting a hold.

Duration

  • Minimum hold period: 2 weeks

  • Maximum hold period: 1 month

  • Maximum of 3 holds per calendar year

  • Total hold duration cannot exceed 1 month within any 12-month period

After Hours Facility Access

Eligibility

Available only to members with an active After Hours membership or add-on.

Access may be revoked at any time at the discretion of Dynamic Basketball Ltd.

Access & Security

Members are issued a key tag or access device and must not:

  • Share or lend access

  • Allow non-members entry

  • Tamper with access systems

Members are responsible for all activity under their access.

Use of Facility

Use is unsupervised and at the member’s own risk.

Members must use equipment safely and leave the facility secure.

Liability

Dynamic Basketball Ltd is not liable for:

  • Injuries during unsupervised use

  • Loss or damage to personal belongings

  • Misuse of equipment

Key Tag & Cancellation Requirements

Members are responsible for their key tag at all times.

A $50 fee will be charged for any lost, damaged, or unreturned key tag.

To cancel After Hours access:

  • Written notice must be provided in accordance with membership terms

  • The key tag must be returned

Cancellation is not considered complete until both:

  • Written notice is received, and

  • The key tag is returned

If the key tag is not returned:

  • Charges may continue, or

  • A $50 replacement fee will be applied

Returned key tags must be in reasonable working condition.

Suspension & Termination

Access may be revoked immediately for:

  • Breach of terms

  • Unsafe behaviour

  • Misuse of access

No refunds will be provided where access is revoked due to breach.

Request Process

Membership holds may be requested by the member through their account portal or by contacting Dynamic Basketball Ltd in writing.

Hold requests should be submitted prior to the intended start date. While advance notice is preferred, requests may be accommodated at short notice at the discretion of Dynamic Basketball Ltd.

Fees

A hold fee may apply during the hold period, as determined by Dynamic Basketball Ltd.

Effect of Hold

During a hold period:

  • Standard membership billing will be paused

  • A hold fee may apply during this period, as determined by Dynamic Basketball Ltd

  • Facility access and member benefits will be suspended

  • The hold period does not extend the original fixed-term contract and only pauses standard membership billing

Early Termination of Hold

Members may request early termination of a hold with at least 3 days written notice. Billing will resume immediately.

Recurring Payments

  1. By purchasing a membership (online or in person), the Member authorises Dynamic Basketball Ltd to charge their nominated payment method for all applicable membership fees and add-ons on a recurring basis (weekly or monthly, depending on the selected membership).

  2. Payments will be automatically processed on the scheduled billing date in accordance with the membership type.

  3. Dynamic Basketball Ltd reserves the right to adjust membership pricing. Members will be provided with at least 7 days’ notice prior to any change in pricing taking effect.

Payment Default & Recovery

Payment Obligations

All fees, charges, and amounts payable to Dynamic Basketball Ltd must be paid in full and on time in accordance with the selected membership, program, or service.

Payments are due on the scheduled billing date and must be made without deduction or delay.

Failed or Late Payments

If payment is not received by the due date, Dynamic Basketball Ltd may, at its discretion and without further notice:

  • Suspend access to training, programs, or facilities

  • Cancel or terminate the membership

  • Withhold future bookings

  • Recover outstanding balances

Suspension or cancellation of services does not remove the obligation to pay any outstanding amounts

Dynamic Basketball Ltd reserves the right to restrict access immediately upon failed payment.

Arrears Management

Where a membership account becomes overdue, Dynamic Basketball Ltd may apply the following process:

  • 14+ days overdue: Payment reminders may be issued

  • 30+ days overdue: Further contact may be made regarding the outstanding balance

  • 60+ days overdue: Access to services and facilities may be suspended until the account is brought up to date

  • 90+ days overdue: Membership may be cancelled due to non-payment and may be referred to external recovery

Dynamic Basketball Ltd reserves the right to apply these measures at its discretion.

Cancellation Does Not Remove Debt

Cancellation, expiry, or inactivity of a membership does not remove or reduce any outstanding balance.

All amounts owing at the time of cancellation remain payable.

Recovery and Enforcement

If an account remains unpaid, Dynamic Basketball Ltd may:

  • Refer the account to an external debt recovery agency

  • Recover reasonable recovery, administration, mediation, and legal costs incurred

  • Report unpaid accounts to third-party recovery providers where appropriate

The Member acknowledges responsibility for all reasonable costs associated with recovering unpaid amounts, to the extent permitted by law.

Goodwill Adjustments

Any reduction, waiver, or adjustment of fees granted by Dynamic Basketball Ltd is made entirely at its discretion and does not constitute a precedent or ongoing entitlement.

Authority & Acknowledgement

By signing up for or continuing a membership, program, or service, the Member:

  • Acknowledges these payment and recovery terms

  • Accepts responsibility for all charges incurred

  • Authorises Dynamic Basketball Ltd to take reasonable steps to recover unpaid amounts

Refund Policy

Refunds are not provided for:

  • Membership periods already used

  • Failure to attend scheduled sessions or classes

  • Change of mind or personal circumstances

  • Injury or inability to attend

  • Expired or unused membership credits

Refunds may be considered at the sole discretion of Dynamic Basketball Ltd for services not yet provided.

Nothing in this policy limits or excludes any rights available under applicable New Zealand consumer law.

Schedule & Service Disclaimer

We make no guarantees about the number of training days per week or month or the length of training time per session. Various changes to our advertised training timetable are inevitable.

Public Holidays & Service Credits

Where a scheduled class or service does not run due to a public holiday or long weekend, the following credit policy applies:

  1. Member-Requested Credits:

    If a class is not operating on a public holiday or long weekend, members may request a credit by emailing our support team at support@dynamicbasketball.co.nz. Credits are not applied automatically unless otherwise stated below.

  2. Booked & Cancelled Classes:

    If a member is booked into a class and that class is cancelled by Dynamic Basketball, a credit will be applied automatically to the member’s account.

  3. Full-Week Service Interruptions:

    Where a class or service does not operate for an entire week, all affected members will be automatically credited for that week without the need for a request.

  4. Credit Conditions:

    Credits are applied to the member’s account and are not redeemable for cash or refunds. Credits may be used toward future services and must be used within the applicable membership period unless otherwise approved by Dynamic Basketball.

Free Skill Lab Trial Classes

Free Trial Terms and Conditions

Terms & Conditions: Free one-time trial class to Skill Lab.

Dynamic Basketball offers free trial passes for game training and skill lab classes.

Free Pass Details:

  • A Free Pass allows non-members to access our facilities and participate in game training and skill lab classes.

  • Each individual is eligible for one Free Pass, valid for first-time users only.

  • Free Passes are available only for the specified free trial classes.

Eligibility and Activation:

  • To redeem a Free Pass, individuals must:

    • Submit their name, age, address, and phone number/email address.

    • Agree to our terms of entry and facility conduct.

    • Sign a waiver and indemnity form as required.

    Free Passes must be activated before their expiry date and used from the first date of use.

  • Free Passes that are not activated before the expiry date are void.

Usage Terms:

  • Free Passes are valid only at Dynamic Basketball during registration.

  • The Free Pass provides class access only and does not include additional products or services.

  • This offer cannot be combined with any other promotions or offers and is non-redeemable for cash.

Liability:

  • Dynamic Basketball is not liable for any claims, losses, or damages, including indirect or consequential losses or personal injuries, except where liability cannot be excluded by law. Free Pass users indemnify Dynamic Basketball and its Participating Outlets against any such claims.

Image Release 

The user/parent/client agrees and consents to the use of photographs and videos to be published on the Dynamic Basketball Ltd website and Dynamic Basketball social media pages (Facebook, Instagram, etc.) 

Trademarks and other intellectual property

Dynamic Basketball Ltd owns Dynamic Basketball's name, logo, or any trademarks that we utilise. Without our consent, you cannot use any of them.

Links to Third-Party Sites/Third-Party Services

Links to additional websites may be found on dynamicbasketball.co.nz. Dynamic Basketball Ltd has no control over the linked sites, including any links contained in a linked site, or any changes or updates to a linked site. Dynamic Basketball Ltd is providing these links to you solely as a convenience, and the inclusion of any link does not constitute an endorsement of the site or any relationship with its operators by Dynamic Basketball Ltd. 

Athletic Liability Waiver & Hold Harmless Agreement

IN CONSIDERATION OF the risk of injury that exists while participating in BASKETBALL TRAINING (hereinafter the
"Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively,
"Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age),
knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or
causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge DYNAMIC BASKETBALL, located at 65A Tidal Road, Mangere, 2022, Auckland their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives,
predecessors, successors, and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer
as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, or actions of any
kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's
fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or
entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or
treatment, I authorize Dynamic Basketball to provide all emergency medical care deemed necessary, including but not
limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical
personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a
result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with
it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able
and properly trained, and I agree to abide by the decision of the I'm Possible Basketball official or agent, regarding my
approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Dynamic Basketball l AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF,
VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I
OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Dynamic Basketball FOR PERSONAL INJURY OR
PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such
negligence on the part of Dynamic Basketball, its agents, and its employees.

I agree that this Release shall be governed for all purposes by New Zealand law, without regard to any conflict of law principles.
This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions,
neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of
neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION
IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

Changes of Terms 

Terms and Conditions for Dynamic Basketball are subject to be updated at any time. By participating with Dynamic Basketball and using dynamicbasketball.co.nz you agree and confirm to the updated terms and conditions. The user/participant agrees to ensure responsibility for being made aware of the updated Terms and Conditions.