terms & conditions
1. INITIAL DURATION
1.1 The initial duration of this Agreement shall be as per the requested package option “initial contract duration”. After the expiration of the initial contract duration the member will have the option to terminate the contract under the termination clause of this agreement.
2. AUTOMATIC RENEWAL
2.1 The Agreement shall automatically continue on a month-to-month basis after the initial contract duration until it is cancelled in accordance with these Terms. Cancellation requires a 30 day cancellation notice which can be sent in the final month of the initial period. Cancellations need to be done via email and sent to email@example.com. Cancellations for the current month closes on the 7th day of each month any cancellation received after this period would be processed for the following month.
3. JOINING FEE, MEMBERSHIP FEE AND PAYMENTS
3.1 The Club charges a non-refundable joining fee for all new agreements unless otherwise stipulated.
3.2 The Membership fee is due and payable, in advance, by debit order, on the 28th/1st day of every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment will be debited on the following business day.
3.3 The Member agrees to pay the full membership fee for as long as this Agreement is in effect, regardless of whether the Member is able to attend the program and/or classes signed up for.
3.4 It is the responsibility of the Member to notify the Club of any changes to the member’s banking details or debit orders that didn’t go off.
3.5 Undisputed amounts not received by the Club shall be deemed past due. Past due amounts shall at the discretion of the Club be subject to a late charge of 2% per month.
3.6 In the event of the Member defaulting on payments and the account being handed over for collection, the Member agrees to pay the collection and or legal charges on a scale as between attorney, collection agent and own client, together with collection commission.
3.7 Any debit order returned “unpaid”, will automatically be resubmitted within 3-5 working days, unless agreed otherwise. Double payment debits may also be submitted during the next debit order date for any unpaid debits.
3.8 The Member will be liable for a “debit returned” charge of R150.00 per unpaid debit.
4. MIGRATION, DOWNGRADING & UPGRADING OF CONTRACTS
4.1 Contracts may be downgraded/upgraded during the initial contract period subject to approval. Approval will be based on premiums. Approval will not be granted on packages that reduce in value with over 40% without a migration fee being paid. The initial period of the contract will restart as per the new contract package terms and conditions.
4.2 Up-front contracts cannot be downgraded and are non-refundable
5. CLASS SESSIONS AND BOOKINGS
5.1 Class sessions are operated on a drop-in basis and do not require booking.
5.2If a member fails to attend a session the member will not be entitled to an additional session.
5.3The Club may at its discretion and as deemed necessary, change or add class days and times to accommodate the growth in membership and programming schedule.
6.1 Should the member cancel the agreement during the cooling-off period on a special or promotional membership campaign, the promotional items need to be returned in its original packaging and condition by the Member. In the event that the Member does not return the items or said items have been used, the Club reserves the right to charge the Member for the items at the market related value.
7.1 Cancellations require 30 days notice and must be applied for via our Email: firstname.lastname@example.org
7.2 The Club reserves the right to terminate a Member’s agreement if the member engages in any conduct which, in the Club’s opinion would have a negative effect on the Club, its staff or other Members.
7.3 A cancellation penalty is payable for memberships packages that are still within the initial period this penalty will be calculated based on the discount received for selecting a longer initial period. Eg Joining on Run crew 12 months at R299/pm and wanting to terminate at month 4 would result in a cancellation fee of R300 (the difference in cost between month to month and 12 month option) x 4 = R1200. Any other discounts received for a longer commitment will be calculated into the cancellation fee ie free t-shirt received or no joining fee charged.
8. DOMICILIUM CITANDI ET EXECUTANDI
8.1 The Parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the addresses on page 1
8.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by email.
8.3 The Parties may by notice to the other Parties change the physical address chosen as its domicilia citandi et executandi to another physical address (where postal delivery occurs in the RSA) provided that the change shall become effective on the 7th Business Day from the deemed receipt of the notice by the other Parties.
8.4 Any notice to a Party:
sent by prepaid registered post in a correctly addressed envelope to an address chosen as its domicilium citandi et executandi shall be deemed to be received on the 7th Business Day after posting;
8.5 delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.
9.1 This agreement may not be ceded or assigned in any manner whatsoever without the consent of the Club first being obtained in writing.
9.2 Any such cession shall be subject to the terms of this Agreement and any new Members shall be similarly restrained as set out herein.
9.3 The Club shall be entitled to require that a new agreement be entered into with such cessionary containing such provisions as are then standard to the Membership Agreement, including the Club’s requirements as to waivers and indemnities.
9.4 The Club shall be entitled to require the cessionary to pay the member fees charged by the club for the new Membership Agreement entered into at that time.
10. DESTRUCTION OR DAMAGE
10.1 If the buildings on the premises are so damaged by fire, riot, storm, or the like as to be wholly un-tenantable, then this agreement will not terminate, unless otherwise agreed between the parties.
10.2 Should the Member be able, notwithstanding the damage, to enjoy some beneficial use then this agreement will not terminate.
10.3 The Club shall, at its own cost, repair the damage as soon as is reasonably possible in the circumstances.
11.1 No failure of the Club to exercise any power reserved to it hereunder, or to insist upon strict compliance by the Member with any obligation or condition hereunder, and no custom or practice of the parties invariance with the terms hereof, shall constitute a waiver of the Club’s right to demand exact compliance with the terms hereof.
12.1 Each section, part, term and/or provision of this Agreement shall be considered severable, and if, for any reason, any section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation, such shall not impair the operation or affect the remaining portions, sections, parts, terms, and/or provisions of this Agreement, and the latter will continue to be given full force and effect and bind the parties hereto; and said invalid sections, parts, terms and/or provisions shall be deemed not to be a part of this Agreement; provided, however, that if the Club determines that said finding of illegality adversely affects the basic consideration of the Agreement, the Club, may at its option, terminate this Agreement.
13. GOVERNING LAW
13.1 This agreement shall be governed by the laws of the Republic of South Africa.
14.1 In terms of section 45 of the Magistrate’s Court Act the parties consents, for purposes of enforcing any of its rights in terms of this Agreement, to the jurisdiction of the Magistrate’s Court, notwithstanding the amount involved. This clause does not however preclude either party from instituting action in the High Court if he/she should deem it necessary to do so.
15. MISCELLANEOUS PROVISIONS
15.1 Whole agreement – This Agreement constitutes the whole agreement between the Member and the Club and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties. To the extent that any other agreement, written or verbal, appears to exist between the parties with respect to the subject matter hereof, this Agreement supersedes any such agreement.
15.2 Variation – No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by the other parties or their duly authorised representatives. Independent Advice – Each Party hereto acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this Agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so. Further, each Party hereto acknowledges that all of the provisions of this Agreement and the restrictions herein contained are fair and reasonable in all the circumstances.
16. LIMITATION OF LIABILITY
Under no circumstances will Mindset Movement its officers, directors, shareholders, employees, agents and representatives (and the successors, heirs and assigns of the foregoing) be liable for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable based on claims of the Member arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in delict or otherwise, whether based on this membership contract, disclosed medical history, any commitment performed or undertaken under or in connection therewith or otherwise. In no event will the aggregate liability which Mindset Movement may incur in any action or proceeding exceed, the lesser of, the aggregate of the membership fees paid to Mindset Movement in terms of this membership contract for the period of 6 months preceding the date of notification of any claim.
In the event where any third party is successful in any claim against Mindset Movement which exceeds Mindset Movements liability in terms of this membership contract, then the member, by entering into this membership contract, indemnifies Mindset Movement and shall reimburse Mindset Movement on demand for all payments, damages and costs (including but not limited to legal fees on attorney and client scale).
USE OF THE FACILITIES AND RISK
It is specifically recorded that use of the equipment, sporting and other facilities of the clubs (“the equipment”) are strictly at the risk of the member. The member shall use the equipment with all reasonable skill and care and in accordance with the manufacturer’s suggested or stipulated specifications as laid down in any documentation or manual and hereby undertakes to pay Mindset Movement, for all and any damage to the equipment caused by the member or persons using the same with the Member’s authorisation.
Mindset Movement cautions that whilst you are on our premises using our club and recreational services, or while you are engaged in any offering of Mindset Movement regardless of whether this is conducted on our premises, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(i) slipping on wet flooring;
(ii) being struck by weights;
(iii) colliding with equipment, or other Members;
(iiii) engaging in strenuous exercise and activities; or
(v) incorrect use of equipment or club;
(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
(c) You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Mindset Movement are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
I warrant and represent (being a material representation) that I am physically and medically fit to proceed with the normal routine of exercise and I will defend at my expense, indemnify and hold Mindset Movement harmless against any damages or expenses, that may occur; and pay any costs, damages or legal fees and costs awarded against Mindset Movement resulting from a breach of this clause.
Before exercising in any exercise programme, one should consult with a physician and only upon obtaining medical clearance should one participate in an exercise routine. Mindset Movement is not liable for any injury or death occurring directly or indirectly from any training. Improper use of the equipment, sporting and other facilities the club may use that may result in serious harm and injury (including death).
Please ensure that you are well informed by a training specialist before participating in supervised or unsupervised training. Due to the high risk of injury use of a spotter when using free weights is recommended.
The member hereby indemnifies and holds harmless Mindset Movement its officers, directors, shareholders, employees, agents and representatives and the successors, heirs and assigns of the foregoing from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages costs and expenses (including but not limited to attorney’s fees on an attorney and own client scale) arising out of or in connection with this membership contract, any act or omission of Mindset Movement any obligation or representation or warranty of Mindset Movement hereunder, without limitation claims arising from the use by the member of the sporting and exercise equipment, facilities and services of the clubs or any act, error or omission of Mindset Movement or the Member in connection therewith.