1.The agreement between you and EDGE Fitness (THE GYM). Your membership application form and these terms and conditions (“Terms”) form the “Agreement” between you and THE GYM.
2. The Joining Fee: You will be required to pay a Joining Fee to activate your membership as a contribution towards costs THE GYM has actually incurred enrolling you. The joining fee is non-refundable, except where you have exercised your right to cancel during the cooling-off period under paragraph
3 If your membership is cancelled for any reason by you or us and you subsequently wish to re-join, then you will have to pay the applicable joining fee again.
4 When will my membership start? Your membership will start on the Start Date as set out in your Membership Application Form provided that: You have signed the Membership Application Form and provided all documentation required. You have paid the applicable joining fee. You have paid the applicable access card fee(s). You have paid the first month’s pro-rata membership fee (if applicable). You have provided us with valid bank/credit card details for payment of your monthly membership fees (if applicable) and/or you have paid the applicable membership fees if you are paying for your membership in full up front.
5 Is there a Cooling off period – Yes, you can write and tell us that you want to cancel your membership within 5 business days of signing this Agreement, excluding the day of signature. Provided you have returned all promotional items we may have given to you and your cancellation letter is received by THE GYM within the 5-day cooling-off period we will refund all payments. Your cancellation request must be mailed to
[email protected]. Please keep proof of your request to cancel and that the cancellation was actually received by us.
6 How long will my membership last? If you pay by monthly debit order: – Your membership will commence on the Start Date and will continue for the duration of your membership, whichever period you have selected, calculated from the first day of the month following your Start Date (“Commitment Period”). Should you not wish to continue as a member at the end of your Commitment Period please mail us a cancellation request at least 1 month prior to the end date to
[email protected]. Please keep proof of your request to cancel and that the cancellation was actually received by us. Failure to follow this process will result in your membership continuing to run on a month-to-month basis at the then prevailing membership rate for THE GYM until such time as you give THE GYM 20 business days written notice to cancel your membership. If you pay for your membership in full upfront – Your membership will commence on the Start Date and will continue for a fixed period as per your selection on the face hereof where after it will end. 5a. The ” Request for Cancellation Procedure “. To request to cancel your membership, simply send a blank email to
[email protected] where-after you will receive a link with instructions on completing your request. Cancellations will not be processed if your account is in arrears until all outstanding amounts owed have been paid after which you will be required to follow the “request for cancellation procedure ” again.
7 Reasons for us ending your membership. We may cancel or suspend this agreement at our absolute discretion by writing to you at the postal or email address we have on record if: You commit a serious or repeated breach of these terms or The Rule book or if you engage in any conduct which in our opinion would have a negative effect on us, other members or our staff or is detrimental to the welfare, good order or character of THE GYM. Or, any part of your membership fees is not paid in full when due, the information you supplied to us is found to be incorrect and/or false, or we reasonably think that you are physically or medically unfit to exercise.
8 Can I end my membership before the end of my commitment period? Yes, if you pay your monthly membership fees by debit order and you wish to cancel your membership before the expiry of your Commitment Period. Then you must give us 20 business day’s written notice of termination and pay a cancellation fee of 40% of all outstanding fees and or levies still due till the end of the initial period, plus any arrears and provided that you have followed the “Request for cancellation procedure” referred to in 5.a) above. If you have paid your membership fees in full upfront and you wish to cancel your membership before the expiry of your commitment period, then you must give us 20 business days written notice of termination referred to in 5a. above and we will refund you the membership fees you have already paid in respect of the unexpired period of your commitment Period less the joining fee and a reasonable cancellation fee.
9. Can I transfer my membership to someone else? You can transfer your membership to a third party subject to the following: -There are no outstanding arrears due on your account. -The payment of an administration fee of R500 per member on that membership number to THE GYM by the transfer or. -The completion & signature by the transferee of the membership enrolment form stipulated by THE GYM & the acknowledgement by the Transferee that no further transfer of the membership shall be allowed. -The approval of the transfer by THE GYM.
10. Can I freeze my membership? If you have paid for a membership that is 12-months or above in full up front, or your debit orders have been successful and you do not have any outstanding debt, then with the written approval of THE GYM you may freeze your membership for a minimum of 1 (ONE) calendar month to a maximum of 3 (three) months in a twelve month cycle at no cost. The membership will be extended by this period and the member will remain liable for the extension period. Should you wish to freeze for longer than 3 months, depending on the circumstances and with written approval from the Gym, you may freeze for extended periods for a fee of R49 per month. The membership will be extended by the period frozen. A blank email needs to be sent to
[email protected] and the freezing link needs to be used to submit the request and relevant documents. Freezing requests can only be for medical or religious reasons, travelling overseas, or when you have been placed under financial administration. In all cases relevant proof and documentation must be supplied to THE GYM. 10.Membership fees, increases and Special Levies: Membership fees will vary depending on the type of membership you choose on the front of this page, and will be escalated at the higher of 10% or the consumer price index each year in August OR on the anniversary of your membership. If you do not wish to accept the increase, you may cancel your membership with 20 business days notice, however should we not hear from you, you will be deemed to have accepted the increase and your membership will automatically continue at the new rate. All memberships have a half year levy that is payable in June and December each year or on your chosen debit order date. The levy is used to upgrade the facilities and keep them in peak condition.
11. Collecting your membership fees, rejections: If you pay on debit order your monthly debit will be submitted in advance on or about the dates that appear on your membership application form. Should your monthly debit order reject, you hereby authorize THE GYM to re debit your account for the arrears on any day of the month that is suitable to THE GYM and to track your account via AEDO, NAEDO, DEBICHECK, or any other priority debit order tracking system and re-present the instruction for payment as soon as sufficient funds are available in your account, and to charge an administration fee of R50 to your account for each rejection. You further agree that the GYM reserves the right to charge all interest accrued on unpaid fees at the prevailing legal rate in terms of the National Credit Act in respect of incidental credit agreements.
12. Your membership type: On the face hereof, you have selected either a Limited membership or a Premier/Elite/VIP membership. Premier/Elite/VIP allows you access to THE GYM and all its facilities during all normal opening hours as per the rule book. Limited – Allows you access to THE GYM at limited times as per the rule book. Facilities may also be limited on this membership.
13. Additional paid facilities: Members may use additional paid services and facilities such as Diet plans, Supplements, Body assessments, Sun beds, Private training, Slimming/salon treatments by paying the additional charge applicable to that service or facility at the time.
14. The Rule Book: By entering into this agreement, you agree to comply with the rule book which applies to all members, guests and visitors. A copy of the current Rule book is available at THE GYM.
THE FINE PRINT.
A. Your membership is applicable to you and may not be traded or transferred to another person outside of the terms and conditions outlined in clause 7 hereof. In particular your access card cannot be used by anyone else to gain access to our facilities. Misuse of access cards will lead to immediate cancelation of your membership with the full outstanding balance being payable immediately.
B. All members must have a valid access card to enter the facility or have downloaded our Clublink app and utilize the QR code to enter the club. If a member has lost an access card or does not have access to Clublink, the club will allow members on a 3 strike system and thereafter a new access card will have to be bought by member.
C. If you fail to pay your monthly membership fees on the due date, then you will become liable to pay all costs in connection with the collection of the arrears including legal fees, interest and collection commissions. We reserve the right to debit your account for any arrears on any date at our discretion.
D. From time to time we may introduce new services and/or facilities and introduce new membership types. If you wish to make use of any new services or facilities, then we may require you to pay an additional fee.
E. We reserve the right to carry out any repairs, replacements, maintenance, alterations or additions or other works without abatement of your fees and charges or other compensation to you for the effects of the interruption or suspension of use or enjoyment of THE GYM; to close or cease operations of an existing club and to substitute therefore an alternate club within a radius of 8 kilometers of the present club.
F. We also reserve the right to vary, alter or change the operating hours of THE GYM from time to time;
G. We also reserve the right to vary, alter or change the equipment, facilities and classes that are available at THE GYM, either by withdrawing equipment, facilities and classes or by the addition thereto of further equipment, facilities and classes;
H. If one or more of these terms are found to be unenforceable, such term shall be deemed to be severable from the remainder of this Agreement and the Agreement shall in all other respects remain in full force and effect.
I. To the fullest extent permitted by law, we may transfer and/or delegate to any third party our rights and/or obligations under this Agreement without your consent or notification and you will continue as a member.
J. This Agreement contains all the Terms and Conditions of our agreement and no representation, addition, variation or cancellation of this agreement shall be of any force and effect unless it is in writing and signed by you and us.
K. From time to time we may need to update the Rules and Regulations when it is in your interest or for health and safety reasons.
L. You agree that we may validly serve any notices at the physical address that we have for you. Please check with us that we have received correspondence addressed to us, as we can only take action and be bound by notices that we actually receive.
M. You acknowledge and agree that this agreement was properly and fully completed before you signed it and you confirm that the information contained in it is true and correct and that you fully understand it.
N. The laws of South Africa apply to this agreement and the courts of South Africa will decide any disputes in relation to it.
O. In so far as may be necessary the member hereby agrees that THE GYM is entitled at any time to communicate with any registered Credit Bureau or Police authority (or any relevant government or governmental agency) to obtain any information relating to the payment behavior, credit worthiness or defaults of the member, and that such information may be disclosed to any other person. Should the member default in the due and punctual fulfilment of any obligation resting upon the member in terms of this membership agreement, THE GYM shall have the right to provide Credit Bureaus and agencies with details of the member’s breach.
P. The member hereby consents to and authorizes THE GYM to communicate with him/her by way of any electronic medium, including but not limited to, Electronic Mail, Short Message Service (SMS), “Pop-Up” Web Advertising Banners and related Internet and Wireless Protocol (WAP) applications. THE GYM reserves the right to allow all relevant approved Strategic Alliance Partners access to the member’s information for marketing purposes. Notice to opt out can be given at THE GYM.
Q. The member grants to THE GYM for an indefinite period from the date of last signature of this membership agreement the right to use the member’s name and to exhibit his/her photograph, including video or film footage of the member, in promotions and advertisements of THE GYM in any media in the Republic of South Africa including the broadcasting of advertisements in the cinema or on television channels. THE GYM shall have full creative control and the member shall give his/her full co-operation as far as is reasonable in complying with THE GYM’s creative direction.
R. THE GYM hereby reserves its rights to enter into this agreement with, or to grant membership of, or access to THE GYM to any person, at THE GYM’s sole and absolute discretion.
WARRANTY
A. You warrant and represent to us that you are physically and medically fit to proceed with the normal routine of exercise and you will defend at your expense, indemnify and hold us harmless against any damages or expenses that may occur, and pay any costs, damages or legal fees and costs awarded against us resulting from a breach of this clause. Before engaging in any exercise program, we recommend that you consult with a physician and only upon obtaining medical clearance should you participate in an exercise routine.
B. We will not be liable for any injury or death occurring, directly or indirectly, from any training. We caution you that improper use of the equipment, sporting and other facilities of THE GYM can 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.
C. Liability: To the extent that the Act does not preclude or prohibit any exclusion or limitation of liability, we will not be liable to you for any special damages (to the extent they are consequential loss or damage), indirect or consequential loss or damage, whether arising from breach of agreement, negligence, under any indemnity or otherwise.
D. The parties to this agreement agree that they have negotiated this paragraph and that it represents a fair and equitable position.
Please do not sign below until you have read and understood your Membership Application Form, these Terms and Conditions and the Rules and Regulations. If there is anything that you do not understand please ask us for a further explanation before you sign below.
If you are under 18 your parent or guardian will need to sign here to consent to you becoming a member of THE GYM
