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.

Joining Fee: You will be required to pay a non-refundable Joining Fee to activate your membership as a contribution towards costs THE GYM has incurred enrolling you. 

Access Card and fee: You will be required to pay a non-refundable access card Fee. Your access card cannot be used by anyone else to gain access to our facilities. 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 in on a 3-strike system providing our no card access process has been completed at reception each time you wish to access the club, and thereafter a new access card will have to be bought by the member at the prevailing rate. Misuse of access cards will lead to immediate cancelation of your membership with the full outstanding balance being payable immediately. 

When will my membership start? – 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;

Operational Gyms – Your membership will start on the Start Date as set out in your Membership Application Form and will continue for the duration of the membership period you have selected, calculated from the first day of the month following your Start Date (“Commitment Period”).

Presales or “in build gyms” – Your membership will start on the day that the Gym opens, and will continue for the duration of your membership 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]. 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. The Gym shall mail or SMS you a notification that your membership shall continue on a month-to-month basis no more than 80 days and no less than 40 days prior to the end of your commitment period.

Cancelation of membership – To ensure that only legitimate requests for cancelation are processed and for both parties protection, the only form of request to cancel we accept is an email from the email address we have on record for you to be sent to [email protected]     

 I agree (member signature)____________________

Upon sending us the cancelation request mail you will receive an automated mail with a link to an online form to be completed by you that is recorded in a date and time stamped database for future reference and action by the Gym. Once you have submitted the online form you will receive a mail from us detailing what outstanding fees there are and any cancelation fee that may be due for us to process your cancelation request. Cancelation requests will not be actioned if any of the above terms have not been met.

Instances where you may cancel:

Within 5 days of signature (cooling off period) -providing you have returned all promotional goods we may have given to you and your email is received within 5 working days of signature all monies paid by you shall be refunded

Outside of the 5-day cooling off period – you may apply to cancel at any stage by giving us 20 days’ notice with the following rules being applied.

For members paying monthly by debit order – providing your membership fees are up to date and (if applicable) the cancelation fee of 40% of the value of your unexpired portion of your membership is paid the cancelation shall be actioned.

If your account is paid up at that point, future fees will be halted pending the payment of your cancelation fee, failing which monthly fees shall continue to run and accrue fees until your commitment period is over 

If your account is in arrears and you do not pay the outstanding amount specified or the cancelation fee set out in the mail we send you, your membership shall continue to run and accrue fees until your commitment period is over.

For members who have paid cash up front, you shall receive a mail confirming a refund of 60% of the value of the unexpired portion of your membership.

For both Debit order and Cash up front paid memberships, you shall receive a mail confirming the cancelation fee due (if applicable) or refund due, and once paid, your membership shall be cancelled, and a mail will be sent to you confirming this. If you do not receive this mail, it is your responsibility to follow up on this with the Gym by mailing [email protected]

I agree (member signature) ____________________ 

PT in My Pocket will be subject to a one month notice after the initial period of 3 months has lapsed with no cancellation fee (This only applies to PT in My Pocket memberships) 

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.

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 and that you have a minimum of 6 months left on the original agreement, also understanding that once the membership enters a rolling membership this membership may not be transferred to a third party. -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.

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 R55 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. 

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 greater 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. 

I agree (member signature) ____________________ 

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.

Your membership type: On the face hereof, if 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.  

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. 

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.

Should you wish to update any of your contact details with The Gym such as email address, physical address, telephone numbers etc, please mail us on [email protected]

THE FINE PRINT.

By your signature hereto you agree that you have chosen not to receive monthly invoices from The Gym, should you wish to receive a monthly invoice please mail us on [email protected] requesting this.

Your membership is applicable to you and may not be traded or transferred to another person outside of the terms and conditions outlined herein. 

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.

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.

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 kilometres of the present club. 

We reserve the right to vary, alter or change the operating hours of THE GYM from time to time. 

We 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.

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. 

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. 

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. 

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. 

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 act and be bound by notices that we actually receive. 

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. 

The laws of South Africa apply to this agreement and the courts of South Africa will decide any disputes in relation to it. 

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 behaviour, 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. 

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. 

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 cooperation as far as is reasonable in complying with THE GYM’s creative direction. 

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

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. 

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.  

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. 

The parties to this agreement agree that they have negotiated this paragraph and that it represents a fair and equitable position.

Any claim between the Gym and the Member shall be limited to a maximum amount of R10 000 (ten thousand Rand)

Members wishing to join the Gym that are under the age of 18 must sign this membership agreement in conjunction with their legal guardian. 

I understand that by signing this membership agreement I acknowledge that I am legally authorised to, and that I am over the age of 18 or have my legal guardian co-signing with me.  

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.

I agree to all the terms of this membership agreement (member signature) ____________________________         Legal Guardian Signature (If applicable) __________________________________