THE RANGE 24/7 MEMBERSHIP AND ACCESS TERMS
1. Introduction
Welcome to The Range 24/7 Three Kings owned and operated by The Range Three Kings Limited (“we“, “us“, “our“).
This document (“Agreement“) is between the member or customer (“you” and “your“) and us and sets out the terms on which you may become a member of, or otherwise access, our indoor golf facility at 981 Mt Eden Road, Three Kings, Auckland (“the Facility“).
This Agreement covers both ongoing memberships (Open-Term, 6-Month Minimum Term and 12-Month Minimum Term) and Casual Access for one-off use of The Facility. Clause 2 sets out which parts of this Agreement apply to you, depending on which of these options you have chosen.
By applying for a membership, or by booking or using The Facility on a Casual Access basis, you agree to be bound by the applicable parts of this Agreement and our members’ code of conduct (“Code“).
2. Membership and Casual Access
When you sign up or book, you have selected one of the following options:
References in this Agreement to “membership”, “member” and related terms apply only to Open-Term, 6-Month Minimum Term and 12-Month Minimum Term. If you are using The Facility on a Casual Access basis, you are not a member, and clauses 2–4 (Membership, Pausing your Membership, and Cancelling your Membership) and clause 13 (Changes to the terms of membership) do not apply to you. The remaining clauses of this Agreement, including those covering access, conduct, fees and payment, damage and liability, and privacy, apply to all users of The Facility, whether members or Casual Access.
2.1 Age
You must be at least 18 years of age to be a member of The Facility, or to book Casual Access in your own name. Any guest under the age of 18 must have adult supervision for the duration of their booking.
2.2 Non-transferable
Your membership is personal to you and cannot be shared or transferred. You may not let anyone else use your membership or access rights. If you wish to bring guests to The Facility, you must purchase a ‘Guest Access bolt-on’.
2.3 Contact details
You agree to keep your contact information current so we can communicate with you relating to your membership or Casual Access and your use of The Facility.
2.4 Reciprocal Access
If you hold an Open-Term, 6-Month Minimum Term or 12-Month Minimum Term membership, you may use your allowance to book and access simulator bays at any Range 24/7 location, not just the club where you originally signed up. Casual Access Passes may also be used to book and access simulator bays at any Range 24/7 location.
Notwithstanding this, all administration of your membership — including billing, pausing, cancelling, and any notices given under this Agreement — will continue to be handled by your home club. This does not apply to Casual Access, which has no ongoing membership or home club to administer.
Your “home club” is the Range 24/7 club at which you originally signed up for your membership, unless we advise you otherwise.
We may change your home club where your usage behaviour shows that you are regularly using a different Range 24/7 location more than your original home club. If we do this, we will notify you of the change and confirm which club is your new home club for the purposes of administering your membership.
2.5 Bolt-ons
Your membership does not cover additional items and services (“Bolt-ons”) offered at The Facility, such as Guest Access and Coaching sessions. If you wish to purchase any Bolt-ons, you will need to:
pay the applicable fees for the additional services on top of your membership fees; and
agree to the terms and conditions that apply to the Bolt-ons. These additional terms may be in a separate agreement or provided to you for acceptance when you purchase Bolt-ons on the App or our website www.therange247.co.nz (“Website”).
3. Pausing your Membership
If you have an Open-Term, 6-Month Minimum Term or 12-Month Minimum Term membership, you may pause your membership up to two times in any 12-month period. No membership fees are payable during a membership pause. Membership pauses:
are requested by means of the App or in writing by e-mail to: contact@therange247.co.nz;
must be for a minimum period of two weeks and can be no longer than two months in total within any 12-month period (this maximum period is cumulative, i.e. if you pause your membership twice within any 12-month period, the total period of both pauses together cannot exceed 2 months).
If you are on a 6-Month or 12-Month Minimum Term membership, the period of each membership pause you request will be added to the remaining length of your minimum term.
4. Cancelling your Membership
You may cancel your membership at any time by giving us notice via the messaging function of the App or in writing by e-mail to: contact@therange247.co.nz.
As we charge membership fees on a fortnightly basis, your membership will end, and no further payments will be taken, at the end of the fortnightly payment period immediately following the fortnightly payment period in which you give us your notice. This means you will pay for the remainder of your current fortnightly payment period, plus one further full fortnightly payment period — in practice, a notice period of at least one full fortnightly payment (14 days) and no more than two (28 days), depending on when in your billing cycle you give us notice. For example, if you give notice one day into a new fortnightly period, your membership will end at the conclusion of the following period.
Please note that cancelling any direct debit does not automatically cancel your membership.
4.1 Cancellation during the minimum term
If you have a 6-Month or 12-Month Minimum Term membership, you may cancel without any penalty within 5 days of starting that minimum term membership. If you cancel after that initial 5-day period and within your minimum term, you will be required to pay a cancellation fee.
The cancellation fee is calculated as 25% of your usual membership fee for the balance of your minimum term. This 25% cancellation fee applies equally whether you hold a 6-Month or a 12-Month Minimum Term membership.
If you are concerned about cancellation fees, opt for an Open-Term membership instead, as this has no cancellation fee.
4.2 Compassionate and hardship cancellation
We understand that life doesn’t always go to plan. If you have a 6-Month or 12-Month Minimum Term membership and, during your minimum term, you find yourself in one of the situations below, we will cancel your membership without a cancellation fee (effective based on the cancellation notice period detailed above after you give us notice), provided you give us reasonable supporting evidence:
You suffer a long-term injury, illness or medical condition (including pregnancy) that prevents you from using The Facility – a medical certificate is required; or
You move to a new address that is more than 10km from The Facility – proof of your new address is required.
This clause is in addition to, and does not limit, any rights you may have under New Zealand consumer law.
4.3 What happens at the end of your minimum term
Once your 6-Month or 12-Month Minimum Term is completed, your membership will automatically continue, on the same membership type and fee (subject to clause 13), on an ongoing basis until you cancel it in accordance with this clause 4. You can keep using The Facility and we will keep debiting your agreed payments.
5. New Member On-Boarding
All members are entitled to an initial on-boarding session at The Facility with one of our staff members. This session is designed to help you get the most out of your membership and includes an introduction to The Facility and the use of our simulator equipment. We aim to conduct this session with you within one month from the time your membership starts. You may book your session on the App by selecting an available time slot or by contacting a member of staff directly. You do not have to make use of the session.
6. Access, Opening Hours and Guests
6.1 Entry to The Facility
Entry to The Facility is controlled via our mobile application (“the App”) and/or secure entry codes provided to you at the time of your booking. Access may also be available by appointment during staffed hours (if any).
You can access The Facility up to 10 minutes before the start of your booking.
When entering and exiting The Facility, for the safety of you and others, you must ensure that the access door is closed and locked after you.
6.2 Opening Hours
We will do everything we reasonably can to ensure The Facility is available to our members 24/7. Sometimes circumstances beyond our reasonable control (such as building damage or repairs, natural disasters, public infrastructure works, or equipment failures) may mean that certain equipment or facilities are unavailable or The Facility itself has to close.
We’ll do our best to let you know as soon as we can if any such situations will affect a booking you have made. If we need to cancel an existing booking, we’ll provide you with a credit for that booking.
If there is a problem which means The Facility is not available for use for more than 72 hours, we will extend the membership of our Open-Term, 6-Month Minimum Term and 12-Month Minimum Term members with an equivalent amount of time at no cost to the member.
If we have to close The Facility due to a local authority or government requirement, such as a Covid-19 type lockdown, we will place your payments and membership on pause as soon as we can for the length of the required shutdown and then restart your membership and payments when we are permitted to reopen The Facility. Any pause we make under this clause:
will not count towards the maximum period you can pause your membership; and
for our Minimum Term members, will not be added on to the end of the minimum term.
6.3 Guest Policy
You may only bring guests to The Facility if you have either:
purchased and maintain the relevant Guest Access bolt-on as part of your membership. A Guest Access bolt-on allows members to bring up to 7 guests to The Facility with no more than 4 persons to a simulator bay; or
have our prior written approval, which will generally only be granted for special events or functions at The Facility.
Your guests may only access The Facility with you (i.e. you must be physically present during the golf simulator session).
Guests may only use the simulator bay(s) that you have booked.
If 2 simulator bays are required to accommodate the number of guests you wish to bring, these must be neighbouring bays. If there are no neighbouring bays available at the time of your booking then you may not bring any more than 3 guests to the Facility (to ensure there are no more than 4 persons using a single simulator bay).
Members are fully responsible for the conduct and safety of their guests. Guests under the age of 18 years must be fully supervised at all times.
If you do not comply with our guest policy, we may do any or all of:
add an additional fee, equal to the pay-per-use fee, to your member account for each unauthorised guest;
suspend your membership and/or your ability to book simulator sessions for a period of up to one month; and
terminate your membership in accordance with clause 11.
We may review security camera footage to confirm your compliance with our guest policy.
If you wish to bring your own children to The Facility, the following applies:
Children aged 16 and over must be covered by a Guest Access bolt-on, in the same way as any other guest.
Children 15 and under may accompany you at The Facility without a Guest Access bolt-on, provided the whole group stays within a single simulator bay.
If you wish to book more than one simulator bay at the same time — regardless of the ages of the children involved — you must have a Guest Access bolt-on to cover the additional bay(s).
7. Supervision and Use
Supervision: The Facility operates in both staffed and unstaffed modes. Even during staffed hours, members and Casual Access users acknowledge and accept that they will generally use the golf simulators unsupervised, and warrant they have sufficient skill and experience to do so.
Safety: You must follow all safety guidelines and instructions provided by us. Misuse of The Facility or equipment may result in injury or damage, and you release us from liability arising from improper use to the full extent permitted by law.
Coaching: Members may not provide or receive (even when using the Guest Bolt-On) lessons or coaching sessions at The Facility unless it is with a coaching professional contracted to The Facility.
Fair use: We may limit bookings or usage in peak periods to ensure fair access for all members and casual users.
Behaviour: Members, Casual Access users and their guests must comply with the Code, respect The Facility, equipment, staff and other users. Any abusive, unsafe or disruptive behaviour may result in suspension or termination of membership or Casual Access privileges.
8. Credits, Bookings and Cancellations
Allowance: If you have an Open-Term, 6-Month Minimum Term or 12-Month Minimum Term membership, your membership provides you with a regular allocation of playing allowance (“Allowance”) which you can use to book golfing simulator sessions at The Facility. You may also purchase additional Allowance at a discounted price on the App. This additional allowance can also be referred to as Passes.
Unused Passes will expire as per the noted terms at the time of purchase, usually 14 days after you purchase them. Unused Allowance will expire when your membership ends. You do not receive any refund or other payment for unused Allowance and Passes.
Casual Access users may purchase Passes, pay by credit card and book golfing sessions through the App.
Allowance and Passes are for your own use and may not be transferred to another member or used by anyone else.
Bookings: As a member, Simulator bays must be booked in advance through our App, or directly with our staff. Non-members using the facility on a casual basis may book using a pre-purchased Pass in the App, through the website or directly with staff.
Cancellations: Cancellations or changes to a booking must be made at least 6 hours before your booking time to avoid forfeiting Allowance. If you cancel or change a booking within 6 hours of the start time for that booking, you will forfeit the Allowance or Pass for that booking.
9. Fees & Payments
All fees are billed in New Zealand dollars and include GST.
Fees and other charges will be direct debited to your selected means of payment. You must: have a valid credit or debit card or direct debit authority in place at all times, and that authority must be established before your membership starts; and make sure there is sufficient credit or funds available to make each payment when due.
Casual Access: fees are paid at the time of booking by credit or debit card.
Payment terms are strictly in advance for all memberships, Casual Access, Bolt-ons, bookings and services.
Payments are non-refundable unless required under the Consumer Guarantees Act 1993 or otherwise required by law.
If your account is overdue, you agree to pay any reasonable costs we incur in recovering the outstanding amount.
10. Damage & Liability
You have rights as a consumer under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. These rights are not affected by anything in this clause.
Use of the Facility is at your own risk. We are not liable for any loss or damage of any kind to you or your property while at The Facility unless your property is damaged, lost or stolen by one of our employees or we have liability under the Consumer Guarantees Act 1993.
If you or your guests deliberately or carelessly cause damage to The Facility or facilities or equipment at The Facility, we may require you to pay for the cost of repairing the damage or replacing damaged items that cannot reasonably be repaired.
11. Right to Refuse or Terminate
We reserve the right to refuse entry to The Facility, and to suspend or cancel memberships or Casual Access privileges (without refund except as required by law) for serious breaches of this Agreement or the Code.
If we consider, acting reasonably, that you have materially breached a term of this Agreement (including the Code) and, if such breach is capable of remedy, have failed to remedy that breach within 7 days after receipt of our notice requiring the breach to be remedied, we can:
suspend your member or Casual Access privileges, or your access to The Facility or to specific facilities or services, for a specified period of time by giving you notice in writing; or
immediately terminate this Agreement and cancel your membership or Casual Access privileges by giving you notice in writing.
You acknowledge that a material breach of this Agreement includes:
carrying out an illegal, offensive or unsafe activity at The Facility;
a serious or repeated breach of the Code;
allowing someone else to use your membership, Casual Access booking or access rights;
failing to make any payment within 7 days of the due date for payment.
We may terminate this Agreement and your membership by giving you at least one month’s notice for any legitimate business, legal or regulatory reasons (including, for example, if we decide to close The Facility permanently or for an extended period). If we terminate this Agreement and your membership under this clause, we will refund the amount of any membership fee paid in advance that remains unused as at the date of termination.
Any exercise of our rights to terminate this Agreement is without prejudice to any other rights and remedies available to us at law.
12. Privacy, Photography, CCTV and Marketing
We need to collect certain information about you in order to provide you with the services you are entitled to as a member or Casual Access user, to provide you with access to The Facility, to maintain your account and enforce this Agreement.
Our Privacy Policy sets out the details of how we collect, use, store and disclose your information.
By entering The Facility, you consent to video monitoring for security purposes.
We may occasionally use photographs or video (excluding CCTV security footage) for promotional purposes. If any such photography or videography includes an identifiable image of you, we will obtain your consent before use.
12.1 Marketing communications
We will only send you direct marketing communications (such as promotions, offers, competitions or newsletters) by email, text message or other electronic message where you have given us your express consent to receive them, in accordance with the Unsolicited Electronic Messages Act 2007. You can give this consent by opting in through the App, our Website, or in writing, separately from your acceptance of this Agreement.
You are not required to consent to marketing communications in order to become or remain a member or to use Casual Access. Whether or not you opt in to marketing, we will still contact you with information that is necessary to operate your membership or booking, such as booking confirmations, payment notices, and updates about your membership or The Facility – these are not marketing communications and do not require your consent.
You may withdraw your consent to marketing communications at any time, free of charge, by using the unsubscribe facility included in our messages, through the App, or by writing to contact@therange247.co.nz. Withdrawing your marketing consent will not affect the rest of your membership or your ability to use Casual Access.
13. Changes to the terms of membership
Fee Changes: We will not increase your membership fees during any minimum term unless we need to by law, for example, because the rate of GST has increased. We may otherwise increase the fees by providing you with at least one month’s notice of the change. If you don’t like the new fees, you may cancel your membership via the App or in writing by e-mail to: contact@therange247.co.nz prior to the change taking effect.
Changes to Terms and Conditions: If we make changes to this Agreement (including to the Code), we will provide you with at least one month’s prior notice of the change unless we need to make the change more quickly for legal requirements or for the protection of persons or property. If:
you don’t like the changes; or
such changes will take effect during any minimum term and we agree that the change is significant and detrimental to you,
you may cancel your membership (in the same manner as outlined above, within one month of the change taking effect) without any penalty.
Otherwise, your continued membership and use of our services and The Facility indicates acceptance of any changes to this Agreement.
14. Governing Law
These Terms are governed by New Zealand law. Any disputes shall be resolved in New Zealand courts.