TERMS AND CONDITIONS
1 By signing this Contract, you agree to pay the Total Fee in consideration for being granted membership of the gymnasium for the Duration period noted in Annexure 3. The Total Fee includes VAT and is payable as detailed below.
1.1 Gym Membership payment options for Contracts are noted on the cover page. Please note the following:
1.1.1 the student account payment option may only be used for Contract durations of 1 month or more by students who are recognised as validly registered by the University of Stellenbosch (“University”) at the time of entering into the Contract, and in accordance with the University’s terms and condition for use of a student account for payment of Gym Membership Fees;
1.1.2 Debit order payments can only be used for Contract durations of 6 months or longer;
1.2 Membership Fees in respect of Contracts of less than 1 month in duration for University students or less than 6 months in duration for all other parties, or sessions for usage of Gym and swimming pool facilities and once off joining fees which includes access card replacements, are only payable in cash, by credit card or by similar means e.g. EFT.
Student accounts and debit orders cannot be used to settle these 1 month Contracts or these other fees;
1.3 For cash or credit card or similar means of payment, e.g. EFT, payment must occur by date of signing the Contract;
1.4 For the student account payment option, the Membership Fee will be allocated to the student account by the University and payment will be required and recovered in accordance with the terms and conditions of the University;
1.5 For the debit order payment option, the Membership Fee will be recovered by the Gym in terms of the Contract.
2 The Duration of the Contract specified in Annexure 3 is for a fixed term except in the case of Gym or swimming pool sessions purchased whereby, the Contract period ends at the earlier of actual usage of all the sessions purchased or, on 31 December of the year during which the sessions were purchased. Any unused sessions at 31 December expire and cannot cannot be transferred to any other member or membership card or to the following calendar year.
3 Your membership of the Gym will entitle you to use all the facilities of the Gym and the indoor and outdoor swimming pool facilities, subject to the rules of the Gym (“Rules”), as amended from time to time, and subject to the availability of the outdoor and indoor swimming pools. The Rules and swimming pool availability timetables are available on the Gym’s website at www.matiesgym.co.za and/or at the Gym helpdesk on request.
4 You acknowledge and are aware that:
4.1 certain facilities may be temporarily unavailable at certain times to enable cleaning and/or maintenance services to be performed;
4.2 the indoor and outdoorswimming pools and other specialised facilities of the Gym are not always available for use by general members as they may be booked for exclusive use by specific members, teams or events at certain times (as indicated on the relevant timetables from time to time);
4.3 the Gym will be closed on Good Friday & Christmas as well as on days when there are Stellenbosch University graduation ceremonies or when specifically instructed by the University to close for a specifc reason; and
4.4 the Gym may be open for alternative (shorter) hours during Stellenbosch University holidays;
4.5 you will have no claim against the Gym if we are unable to provide some or all of the services included in your Gym membership because of circumstances outside of our control (force majeure). In such an event we shall notify you of such circumstances, and the estimated duration for which the relevant service(s) will be unavailable. Such notices will be displayed on our website at www.matiesgym.co.za and/or at prominent locations/notice boards in the Gym as soon as we become aware of any services being or becoming unavailable.
5 You acknowledge and agree that:
5.1 your Gym Membership is not refundable, subject to the terms of clauses 5 or 6 below, or transferable;
5.2 the Gym strictly reserves the right of admission to the Gym and outdoor and indoor swimming pools;
5.3 you will make yourself familiar with the Rules, understand the conditions and Rules relating to your membership of the Gym and you will agree to abide by the Rules and any amendment thereto at all times;
5.4 you must have the biometric information of one finger from each hand scanned at reception upon concluding this agreement in order to gain access to the Gym or any of its facilities;
5.5 ‘Perosnal training’ by general gymnasium members is not permitted
5.6 you will keep your personal belongings safe and not hold the Gym liable for any loss or damage sustained by you in respect thereof;
5.7 the use of towels and the wearing of closed shoes is compulsory when using the Gym facilities, including aerobic classes;
5.8 you are aware that participating in exercise and the use of the Gym equipment and/or facilities and/or programmes carry an inherent risk of damage to your health and/or injury and that you are required to have obtained professional medical advice with regard to your general health and fitness to exercise prior to using the Gym. Should you have any concerns in this regard you are hereby advised to first consult your chosen medical professional before commencing any exercise or fitness programme.
6 If you are an individual, then the Consumer Protection Act 68 of 2008 (“CPA”), is applicable to this Contract and section 16 of the CPA provides that if you have signed this Contract after direct marketing, you may rescind the Contract without reason or penalty by written notice to us within 5 business days of concluding the Contract.
7 This Contract shall endure for the term specified in clause 2 above provided that:
7.1 In the case of Contracts of 1 month or longer in duration you may cancel the Contract:
7.1.1 upon the expiry of its fixed term by giving the Gym 20 business days’ written notice in advance, without penalty or charge or refund by the Gym although you will remain liable for any amounts owing and not yet paid to the Gym up to date of cancellation and which must be settled immediately upon cancellation for the cancellation to be effective. The gym will not be liable for any refund in this instance.
7.1.2 at any other time during the Contract’s duration, by giving the Gym 20 business days’ notice in writing, although you remain liable for any amounts owing and not paid to the Gym up to date of cancellation including a cancellation penalty of not more than 30% of any amount due in respect of the remaining Duration of the Contract both of which must be settled immediately upon cancellation in order for the cancellation to be effective.
In the event that the Membership fee for the Duration of the Contract has already been settled by the Member, the Gym will refund the amount due to the Member in respect of the remaining Duration of Contract from the date of cancellation and after deducting the cancellation penalty, within 60 days after cancellation of the Contract;
7.2 In the case of Contracts of less than 1 month Duration or in the case of sessions purchased:
7.2.1 the Contract will be cancelled on day of notification and refunded on a pro rata amunt calculation of the remainder of the month. In the case of sessions, all sessions not used will be refunded in full within 30 business days of receipt of the cancellation letter;
7.3 We may cancel the Contract, without prejudice to any other rights or remedies which we may have in law, including the right to claim damages or specific performance, if we have given you written notice to rectify a material breach of the Contract, which includes non-payment of Membership ees by due date, and you fail to rectify such breach within 14 business days after giving of such notice.
8 In accordance with the CPA, the Gym will notify you in writing of the impending expiry date of the Contract, not more than 80 nor less than 40 business days before the expiry date of the fixed term Contract, which will include a notice of any material changes (such as Membership fee increases) that would apply if the Contract is to be renewed or may otherwise continue beyond the expiry date and the options available to you at such time, being:
8.1 you may cancel the Contract as per clause 6.1.1; or
8.2 agree in writing to the renewal of the Contract and any amended terms for a further fixed term; or
8.3 if you do not let us know in writing that you choose to cancel or renew the Contract, it will automatically continue on a month-to-month basis, subject to any material changes of which the Gym has given you notice, as contemplated in clause 7. A monthly Membership fee in these circumstances shall be based on a fee rate applicable to a 1 month Contract at the time and shall automatically escalate in January of each year. If the rate increase in January is to be more than 12%, then the Gym shall notify you in writing at least 40 business days prior to the intended price increase taking effect of the amount of such increase. Should you choose not to accept the amount of the increase, you must inform the Gym that you are cancelling the Contract on this basis within 20 business days of receipt of the price increase notice, failing which you will be deemed to have accepted the price increase as notified to you.
9 In the event that the Gym cancels this Contract as per clause 6.3 due to your breach of the Contract, then you will remain liable for payment of any unpaid Membership fees in respect of the Duration of the Contract.
10 We reserve the right to suspend your access to the Gym if you are in breach of this Contract or if you fail to pay any amount when it is due until such time as you have remedied the breach.
11 Our services in terms of this Contract are provided “as is” and we do not give you any express or implied warranty in respect of our services. we are not liable for any damages or losses you may suffer to the fullest extent permitted by law and the CPA.
12 YOUR USE OF THE GYM AND ALL ITS FACILITIES, PROGRAMMES AND EQUIPMENT IS ENTIRELY AT YOUR OWN RISK AND YOU ACCORDINGLY HEREBY INDEMNIFY THE UNIVERSITY, THE GYM, ITS EMPLOYEES, STAFF AND REPRESENTATIVES AGAINST ANY CLAIM FOR LOSS, DAMAGES, INJURY, ACCIDENT OR DEATH HOWSOEVER INCURRED OR SUSTAINED BY YOU AS A RESULT OF YOUR USE OF THE GYM OR FROM THIS CONTRACT TO THE FULLEST EXTENT PERMITTED BY LAW.
13 The address and contact details you have given us on the cover page of this Contract is your chosen address for legal notices.
14 South African law applies to this Contract and you accept that the Contract is concluded in Stellenbosch.