💸 Break Fees and Escalation Clauses

Break Fees (Early Termination Fees)

What They Are:

Financial penalty for ending contract before agreed term. Compensates provider for "lost revenue" from remainder of contract.

How They Work:

Fixed break fee:

• "$500 early termination fee"
• Charged regardless of when you exit
• Month 1 or Month 11 = same $500

Reducing break fee:

• Decreases over contract term
• Example: $1,200 year 1, $800 year 2, $400 year 3
• Month-by-month reduction common

Remaining term payment:

• Pay all remaining months to exit
• 12-month contract, exit month 4 = pay 8 months
• Most expensive type

Common NZ Examples:

Gym memberships:

• 12-month contract common
• Break fee: $300-800 typical
• Some require medical certificate to exit without fee

Phone/broadband contracts:

• 24-month phone contract with subsidized device
• Break fee = remaining device cost ($600-1,200)
• Broadband 12-month: $200-500 break fee

Power companies:

• Fixed-term contracts: $150-300 exit fee
• Open-term: Usually no break fee

When Break Fees Apply:

• You choose to cancel early
• Moving house (usually not exempt)
• Financial hardship (may have hardship provisions)

When They Don't Apply:

• Contract term completed
• Provider breaches contract
• Service not as advertised (Fair Trading Act)
• Cooling-off period used (if applicable)

Escalation Clauses

What They Are:

Contract terms allowing provider to increase prices during contract term. Often buried in fine print.

Common Triggers:

CPI (Consumer Price Index):

• "Prices may increase annually in line with CPI"
• NZ inflation 2-3% typical = 2-3% increase
• Recent high inflation (6%+) caused larger jumps

Market rate:

• "Prices adjusted to market rate"
• Vague - provider decides "market"
• Can increase significantly

Discretionary:

• "We may increase prices with 30 days notice"
• No limit on increase amount
• Most consumer-unfriendly

NZ Examples:

Gym memberships:

• Monthly: $45 becomes $48 year 2 (CPI increase)
• Over 3 years: $45 → $48 → $51 = 13% total increase

Power contracts:

• Fixed-term: Locked rate for term
• Variable: Can increase anytime
• "Market rate" = wholesale price changes passed on

Property management:

• Annual fee review clauses
• Can increase 5-10% annually
• $2,000 year 1 becomes $2,400 year 3

Red Flags:

• "Prices subject to change"
• "May increase at our discretion"
• "Adjusted to market rates"
• No cap on increase amount

Protection:

• Ask: "Can prices increase during term?"
• Request fixed-price guarantee in writing
• Calculate max cost over full term
• Compare to flexible contracts with no lock-in

🔄 Automatic Renewals and Default Interest

Automatic Renewals (Subscription Traps)

How They Work:

Contract automatically renews for another term unless you actively cancel before renewal date. Often with strict notice requirements.

Common Structures:

Month-to-month with notice:

• Continues monthly until cancelled
• Requires 30 days advance notice
• Cancel today = charged for next month anyway

Annual with renewal window:

• 12-month term auto-renews for another 12
• Must cancel 30-90 days before renewal
• Miss window = locked another year

Price increase on renewal:

• Year 1: $99/year promotional
• Auto-renewal: $199/year "standard rate"
• Common with software, streaming services

NZ Examples:

Streaming services:

• Netflix, Disney+: Month-to-month with auto-charge
• Easy to forget and pay for unused months
• $15/month × 12 unused months = $180 wasted

Software subscriptions:

• Microsoft 365, Adobe: Annual auto-renew
• Charges credit card on renewal date
• Promotional year 1, full price year 2

Gym memberships:

• 12-month contract auto-renews for another 12
• 60-day cancellation notice required
• Miss deadline = another year at potentially increased rate

Protection Strategies:

• Set calendar reminder 60 days before renewal
• Screenshot cancellation policy when signing
• Email cancellation (creates paper trail)
• Check credit card statements monthly
• Request confirmation email when cancelling

Default Interest (Penalty Rates)

What It Is:

Higher interest rate charged if you miss payment or breach contract terms. Compounds rapidly and dramatically increases total cost.

Common Rates:

• Buy Now Pay Later: 25-30% if miss interest-free period
• Credit cards: 20-25% on unpaid balance
• Store credit: 25-35% default rate
• Finance companies: 15-30%

How It Works:

Example: BNPL Agreement

• Purchase: $1,000
• Terms: 6 months interest-free if paid in full
• Default rate if miss deadline: 25%

Scenario A - Pay on time:

• 6 monthly payments: $167
• Total paid: $1,000

Scenario B - Miss final payment by 1 week:

• Default interest applied retroactively to ENTIRE $1,000
• 6 months at 25% = ~$125 interest
• Total now owed: $1,125
• Interest continues compounding at 25%

Other Default Provisions:

Late payment fees:

• $15-50 per missed payment
• PLUS default interest

Immediate full balance due:

• Miss 2 payments = entire remaining balance immediately payable
• Lose ability to pay installments

Credit reporting:

• Missed payments reported to credit bureaus
• Damages credit score for 5 years

NZ Example - Store Finance:

• $3,000 couch on "12 months interest-free"
• Default rate: 28.9%
• Miss month 12 payment by 1 day:
• Interest calculated on $3,000 for 12 months
• Retroactive interest: ~$870
• Couch now costs $3,870

Protection:

• Set payment reminders 7 days before due date
• Auto-pay if possible (careful with card expiry)
• Read default interest clause before signing
• Avoid interest-free offers if tight financially
• Calculate: Can I pay in full within free period?

⚠️ Personal Guarantees and Cooling-Off Periods

Personal Guarantees

What They Are:

Legal commitment where you personally guarantee repayment of debt or performance of contract. If party defaults, you pay from personal assets including home.

When Requested:

• Business loans
• Company leases (commercial property)
• Supplier credit for business
• Directors guaranteeing company debts

The Risk:

You are personally liable:

• Business fails = you still owe personally
• Company goes bankrupt = creditors pursue YOUR assets
• Home, car, savings all at risk

Example scenario:

• Friend starts business, asks you to guarantee $50k loan
• Business fails after 6 months
• Bank pursues you for $50k
• Must pay or risk losing home

Common Mistakes:

• Signing to help friend/family without understanding risk
• Assuming "company protects me" (it doesn't with guarantee)
• Not getting independent legal advice (often required anyway)
• Underestimating business failure risk

NZ Context:

Banks usually require directors of small companies to personally guarantee business debts. Landlords often require directors to guarantee commercial leases. This means company limited liability protection doesn't apply - you're personally liable.

Protection:

• Avoid personal guarantees if possible
• If must sign: Get independent legal advice (required by law)
• Limit guarantee amount if possible
• Request sunset clause (guarantee expires after X years)
• Never guarantee debts of others unless prepared to pay yourself

Cooling-Off Periods

What They Are:

Statutory right to cancel certain contracts within set timeframe without penalty. NZ law provides cooling-off for some situations.

NZ Cooling-Off Rights:

Door-to-door sales:

• 5 working days to cancel
• Uninvited sales at your home/work
• Full refund required

Timeshares:

• 10 working days to cancel
• No penalty

Layby agreements:

• Can cancel anytime before pickup
• Retailer may charge cancellation fee (usually small)

Credit contracts:

• 5 working days for unsecured credit
• Applies to personal loans, credit cards
• NOT mortgages

Where Cooling-Off DOESN'T Apply (Common Misconception):

• Gym memberships (no statutory cooling-off)
• Phone/broadband contracts (no statutory right)
• Car purchases from dealer (no cooling-off in NZ)
• Property purchases (no cooling-off unless in contract)
• Online purchases from NZ retailers (no statutory right)

Some companies offer voluntary cooling-off periods, but not legally required for most contracts.

Real NZ Examples

Example 1: Gym Membership Contract

The Pitch:

• "Just $45/week, cancel anytime"
• Salesperson pressures to sign today for "bonus"

The Contract Reality:

• 12-month minimum term
• Break fee: $800 if exit early
• Auto-renews for another 12 months
• 60-day cancellation notice required
• Annual price increase: CPI (3%)
• Total commitment: $2,340 year 1, $2,410 year 2

Hidden costs:

• Exit month 4 = $800 break fee + 8 months paid ($1,440) + break fee = $2,240 for 4 months use

Example 2: Phone Contract

The Pitch:

• "Free iPhone with $80/month plan"

The Contract Reality:

• 24-month term
• Phone not free - subsidized by plan
• Break fee: Remaining device cost ($600-1,200)
• Early termination: Pay break fee + remaining months
• Total commitment: $1,920

Example 3: Buy Now Pay Later (BNPL)

The Pitch:

• "6 months interest-free"
• "Just 4 easy payments"

The Contract Reality:

• Default interest: 25.99% if miss deadline
• Applied retroactively to purchase price
• Late fee: $15 per missed payment
• Credit check impacts credit score
• Miss final payment by 1 day = $1,000 becomes $1,125

Contract Risk Checklist

Before Signing ANY Contract:

• ☐ Read entire contract (not just highlighted sections)
• ☐ Take contract home to review (resist pressure to sign immediately)
• ☐ Ask questions about unclear terms
• ☐ Request explanations in writing

Key Questions to Ask:

• ☐ What is total commitment? (monthly × term)
• ☐ How long am I locked in?
• ☐ What does it cost to exit early?
• ☐ Can prices increase during term?
• ☐ Does contract auto-renew?
• ☐ How much notice to cancel?
• ☐ What happens if I miss a payment?
• ☐ Is there a cooling-off period?
• ☐ Am I signing a personal guarantee?

Red Flags:

• ☐ Pressure to sign immediately
• ☐ "Too good to be true" pricing
• ☐ Vague exit terms
• ☐ No written contract offered
• ☐ Verbal promises not in contract
• ☐ Personal guarantee requested

After Signing:

• ☐ Keep copy of contract
• ☐ Set renewal reminder (if auto-renews)
• ☐ Set payment reminders
• ☐ Note cancellation process and deadlines
• ☐ File with important documents