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.

Recurring Memberships

  1. The purchase of a membership program online or in person gives Dynamic Basketball Ltd authorization to have your credit card or bank account charged for the chosen membership or add-on. Monthly recurring charges will cover your Membership/Training with Dynamic Basketball LTD. 

  2. Dynamic Basketball LTD will notify you 1 week in advance before your next charge on your membership if there are any changes to the price of the membership plan.

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.

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. 

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.) 

Training Guarantee

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.

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.

Membership Upgrades

Members may upgrade their membership at any time during a fixed-term contract. Where an upgrade occurs, the existing membership will be cancelled effective from its next billing date, and the upgraded membership will commence from that same date under a new contract term. Downgrades are not permitted during a fixed-term contract.

Membership Downgrades

Membership downgrades are not permitted during a fixed-term contract. Any request to downgrade will take effect only after the current contract term has ended. No refunds, credits, or adjustments will be provided for downgrades during a fixed-term contract.

Membership Holds

1. Eligibility:

  • Members must have an active membership for at least 1 month to be eligible for a membership hold.

  • Holds may be requested for medical reasons, extended travel, or other personal matters.

2. Duration and Frequency:

  • Membership holds are available for a minimum of 2 weeks and a maximum of 1 month.

  • Members may place their membership on hold up to three per calendar year.

  • The total duration of all holds cannot exceed 1 month within any 12-month period.

3. Request Process:

  • Hold requests must be submitted in writing at least 7 days prior to the desired start date.

  • Supporting documentation may be required, such as a medical certificate or travel itinerary.

4. Activation and Fees:

  • A processing fee of $10 will be charged for each hold request.

  • The hold period will commence on the requested start date and conclude on the requested end date.

  • Membership dues will be suspended during the hold period and will automatically resume after the hold period ends.

5. Access During Hold:

  • Members will not have access to the facility or any member benefits during the hold period.

  • Scheduled services, sessions, or classes during the hold period will be canceled or rescheduled upon the member’s return.

6. Early Termination of Hold:

  • Members may request to terminate the hold earlier than the scheduled end date by providing written notice at least 3 days in advance.

  • Early termination will result in the immediate resumption of membership dues and facility access.

7. Non-Refundable Clause:

  • Membership dues paid prior to the hold request are non-refundable.

  • The hold period does not extend the original membership term; it only pauses the billing cycle.

8. Special Considerations:

  • In cases of unforeseen circumstances or emergencies, exceptions to this policy may be made at the discretion of the management.

  • Dynamic Basketball reserves the right to modify or terminate the Membership Hold Policy at any time with 30 days’ notice to members.

Contact Information:

  • For any questions or to submit a Membership Hold Request, please contact our front desk or email us at support@dynamicbasketball.co.nz

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.

Cancellation/Refund Policy

At any time, you can cancel your monthly subscription. However, the buyer must provide us (Dynamic Basketball LTD) notice of cancellation, before the next billing date. 

Refunds will not be provided if you fail to provide us notice before the next billing date. 

​There are no guarantees for refunds and reimbursements, by Dynamic Basketball LTD. 

​Services that are NOT YET provided may be subject to a partial or full refund by Dynamic Basketball LTD. However, there are no guarantees. 

​Refunds and reimbursements will not be provided for services that have already been provided, for any of the following reasons below: 

  • Your membership credit expires

  • For whatever reason, you no longer wish to complete the training or course 

  • You've been injured

  • Your account is cancelled for violating these Terms of Service or any applicable law. 

PAYMENT, DEFAULT & RECOVERY TERMS

1. Payment Obligations:

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

Payments are due on the scheduled billing date unless otherwise agreed in writing. Payments must be made without set-off, deduction, or delay.

2. Late Payments & Default

An account will be considered overdue if payment is not received by the due date.

If any amount remains unpaid, Dynamic Basketball Ltd reserves the right to:

  • Suspend access to training, programs, facilities, and services

  • Cancel or terminate the membership or service

  • Withhold future bookings or access

  • Recover the outstanding balance through internal or external processes

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

3. Recovery and Enforcement Costs

The Member agrees to pay all reasonable costs incurred by Dynamic Basketball Ltd in recovering any overdue or unpaid amounts.

These costs may include, but are not limited to:

  • Debt collection agency fees

  • Mediation fees

  • Legal fees and disbursements

Administration and enforcement costs

4. External Recovery & Mediation

If an overdue account is not resolved after reasonable internal follow-up attempts, Dynamic Basketball Ltd may refer the account to an external recovery or mediation provider.

The Member acknowledges that once an account is referred externally:

  • Further communication may be handled by the recovery provider

  • Additional recovery costs may apply

  • Resolution timelines may be dictated by the recovery process

5. Cancellation Does Not Remove Debt

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

All amounts owing at the time of cancellation remain immediately payable.

6. 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.

7. 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

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.

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.