FIGHT CLUB SA CONTRACTUAL TERMS AND CONDITIONS;
1. INITIAL DURATION
1.1 The initial duration of this Agreement shall be as per the requested package option “initial contract duration” and will be calculated from the date of the first due payment. 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.
1.2 A month is defined as a 30 day period for which full payment has been received
1.3 Free months or part free months do not form part of the initial period.
1.4 Periods where we are legally not allowed to operate do not form part of the initial period and will attract a freeze fee of not more than 50%
2. AUTOMATIC RENEWAL
2.1 The Agreement shall automatically continue on a month-to-month basis after the initial contract duration until they are cancelled. Cancellation requires a 30 day cancellation notice which can be sent in the final month of the initial period. Cancellation needs to be done via our website using the client admin portal function or on https://www.fightclubsa.co.za/contact-us/cancellation-request/ . Cancellation for the current month closes on the 7th day of the month and 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 selected 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. The handover amount will be made up of any arrears, unpaid debit fees and the remaining initial period of the contract.
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.
3.9 Extra Private Sessions and or Group classes that are in excess of the sessions awarded in the members package will be charged at the contract duration rate which the member joined on
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 the principal debt of the initial contract compared to the amount of the requested contract. Approval will not be granted on packages that reduce in value with over 20% 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, BOOKINGS & STAFF
5.1 Class sessions need to be booked in advance, online, on our website.
5.2 Private session time slots must be booked, in advance, on the same platform.
5.3 Should a member not be able to attend his/her session, the member is obligated to cancel the session 24 hours in advance.
5.4 The member may reschedule or move their session to an available time slot. Should the preferred trainer not be able to accommodate the changed time slot, another trainer will be provided.
5.5 If a member fails to attend a scheduled session and/or fails to reschedule their session, the member will not be entitled to an additional session and forfeits the missed session.
5.6 Personal Training Sessions and Classes can be caught up in the same month that they are due, but cannot be carried over to the following month.
5.7 The 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.
5.8 FightClub and or its staff do not offer any form of home or private training, any sessions done away from the club would lead to instant dismissal of the staff member involved and any private sessions undertaken by the client will be billed at the month to month rate. Any second transgressions will lead to termination of your contract with the full amount outstanding becoming due
6. COOLING OFF PERIOD
6.1 A member is entitled to cancel this agreement within (7) seven days of the date on which the Member signed the agreement. Where a Member exercises his/her rights to cancel the agreement during the cooling-off period, any payments made will be refunded via EFT.
6.2 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. TERMINATION
7.1 Cancellations require 30 days notice and must be applied for via our Client Admin Portal on website www.fightclubsa.co.za/client-portal-login/
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 FigthClub offers the following rates on all packages. Month to Month, 6 Month, 12 Months and 24 months. The member acknowledges that if they join on a longer package option and want to terminate their membership before completion of this period that their rate for completed months would need to be recalculates at the appropriate rate which they would qualify for, the reduced rate is only earned once the extended initial period has been completed. This is not a cancellation penalty but correct fee for the period the member has joined on as they have received discount which they don’t qualify for due to not completing the required initial period.
7.4 Any FREE months training or FREE promotional items received would need to be returned unused or would be billed as part of the discount received.
7.5 In addition to the above a cancellation penalty will be charged on agreements cancelled within the first three months of joining
• 6 month agreements - 1 month
• 12 month agreements - 2 months
• 24 month agreements - 4 months
7.6 Cancellations for the current month close on the 7th day of each month. Notice of termination received after the 7th will be affected the following month.
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:
(i) 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;
(ii) 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. CESSION
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. NON-WAIVER
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. SEVERABILITY
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. JURISDICTION
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. LIMITATION OF LIABILITY
15.1 Under no circumstances will Fight Club SA, 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.
15.2 In no event will the aggregate liability which Fight Club SA may incur in any action or proceeding exceed, the lesser of, the aggregate of the membership fees paid to Fight Club SA in terms of this membership contract for the period of 6 months preceding the date of notification of any claim.
15.3 In the event where any third party is successful in any claim against Fight Club SA which exceeds Fight Club SA liability in terms of this membership contract, then the member, by entering into this membership contract, indemnifies Fight Club SA and shall reimburse Fight Club SA on demand for all payments, damages and costs (including but not limited to legal fees on attorney and client scale).
16. USE OF THE FACILITIES AND RISK
16.1 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 Fight Club SA, for all and any damage to the equipment caused by the member or persons using the same with the Member’s authorization.
16.2 Fight Club SA cautions that whilst you are on our premises using our club and recreational services, 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 a wet floor
ii. Being struck by weights
iii. Colliding with equipment or other Members
iv. 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 Fight Club 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.
17. WARRANTY
17.1 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 Fight Club SA harmless against any damages or expenses, that may occur; and pay any costs, damages or legal fees and costs awarded against Fight Club SA resulting from a breach of this clause.
17.2 Before exercising in any exercise program, one should consult with a physician and only upon obtaining medical clearance should one participate in an exercise routine. Fight Club SA is not liable for any injury or death occurring directly or indirectly from any training. Improper use of the equipment, sporting and other facilities of the clubs 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.
17.3 The member hereby indemnifies and holds harmless Fight Club SA 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 Fight Club SA any obligation or representation or warranty of Fight Club SA 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 Fight Club SA or the Member in connection therewith.
