By signing the Agreement, the Member confirms and warrants that:
All personal and banking details provided by the Member are accurate at time of signature;
The type of membership contract chosen was explained to him/her and that he/she is fully aware of the features and benefits of the type of membership contract chosen;
He/she is physically and medically fit to engage on physical fitness activities;
He/she will abide by the rules and regulations regarding conduct and hygiene as required by all the relevant branches of the Club;
He/she is aware that the membership issued to him/her is non-transferable, for the sole and exclusive use of that Member.
The membership fees specified on the face of this contract are non-refundable for any reason whatsoever, including member's failure to attend or use the Club, and payable to the Club in full without set-off or deduction on the dates specified.
Prices for additional services and benefits not specifically included in the type of Membership contracted for, such as, inter alia, assessments and personal training, payable separately from the membership fees.
A nominal fee will be payable for administration costs.
Should the Member elect to pay by way of debit order, he/she hereby authorises the Club and/or its affiliates and their duly authorised agents to deduct the requisite due payment from the Member's bank account as specified on the face of this Agreement.
All bank charges and/or interest/finance charges of whatsoever nature over and above the agreed membership fees will be for the account of the Member. Should the Club incur any such extra costs in collecting the membership fees for the member, the Member will pay such costs to the Club immediately on demand.
Should the Member:
Fail to comply with any of his/her undertaking in terms of this Agreement, or
Fail to obey the rules of conduct and hygiene as required by the Club, or
Fail to make full payment to the Club of all amounts due in terms of this Agreement within 14 (Fourteen) days of such amount becoming due, or
Repudiate this Agreement in whole or in part, whether expressly or by conduct, then the Member will be in breach of this Agreement and the Club will be entitled, without derogating from any other rights which it may have in law, and at its sole but reasonable discretion, to terminate this Agreement and to recover the full amount due in terms of the contract, should the Member have complied with its obligations, from the Member.
Should the Member fail to pay any installment on due date, he/she shall be liable to pay all costs in connection with the collection of any outstanding amounts due by him/her to the Club, including legal costs on an attorney and own client scale and collection commission. Access to the Club's facilities will be denied until such time as the Member has made payment of all outstanding amounts to the Club, plus interest at a rate of prime plus 2% and legal costs.
All notices and processes may be validly delivered or severed upon the Member at the member's given residential address, which he/she hereby appoints as his/her domicilium citandi et executandi.
Should a member paying by debit order wish to cancel his/her membership, he/she must provide the Club with 30 (Thirty) days advance written notice of his/her desire to do so, failing which the monthly deductions of membership fees will continue. Such notice must be accompanied by the return of the membership key and delivered by prepaid registered post to Constantia Park Health Club trading as Body Logic Health Club, Debit Order Department, PO Box 34405, Glenstantia 0010. Any such cancellation by the Member shall not prevent the Club from recovering the full outstanding balance shall become immediately due and payable.
For the purpose of recovering any amount due in terms of this Agreement, the Parties hereby consent to the jurisdiction of the Magistrate's Court in terms of section 45 of Act 32 of 1944, without prejudice to the right of the Parties to proceed in the High Court should they so choose.
Members acknowledge that they and their guests participate in the Club's physical fitness programs and/or make use of the club's equipment, services and facilities at their own risk, and the Member hereby indemnifies the Club, its agents and/or staff from any claims of whatsoever nature for loss or damage to property and/or injuries suffered whilst engaging in any such activity in the Club.
Except as prevented by and Act of God, war, strike or any other beyond its control, the Club undertakes to make available to the Member, maintain and upgrade the Club facilities and equipment when necessary and to supervise all activities taking place in the Club for the duration of the Membership Agreement. The Club specifically reserves the right to close the facilities at any time and/or to alter times of operation of any facility, in which event the Club will make all efforts to provide the Member with reasonable notice of any such closures or time alterations.
The privileges and rights afforded the Member shall not be understood to mean the Club guarantees to maintain any particular branch or all of its existing facilities.
The Club may, in its sole discretion, close any of its facilities for as long as necessary for maintenance purposes, or any other reason. In such an event of suspension of services, the Club reserves the right to offer reciprocal privilege at any or its other branches or any similar health club within a 25km radius or the relevant branch of the Club.
Classes and equipment are available subject to demand and may be crowded during peak times. Times may be changed or discontinued at their sole discretion of the Club's management.
This Agreement constitutes the sole and exclusive agreement between the Parties and no other agreements, representations, promises and/or understandings not contained herein will be binding as between the Parties unless reduced to writing and signed by both parties.
No indulgences granted to the Member by the Club shall be regarded as a waiver of rights by the Club, the Club specifically reserving its rights to proceed against the Member with whatever action it may be entitled to in law should that be necessary at a later stage.