CROSSFIT EVOLUTION MEMBERSHIP AGREEMENT

 

WARRANTIES AND LIABILITIES

 

This Part 1 forms part of the membership agreement between you and CrossFit Evolution SA (Pty) Limited which agreement includes Part 2: Terms and Conditions and Part 3: Privacy Statement. Words used in this Part 1 and defined in Part 2 shall bear the same meaning as defined in Part 2.

 

A: ACKNOWLEDGEMENTS AND WARRANTIES:

 

1) You warrant that the information given by you in completing the Online Membership Application is true and correct and will be relied on by us.

 

2) You warrant that to the best of your knowledge and belief you are in good health, are not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. You acknowledge that it is your responsibility to seek medical advice before engaging in any exercise at CrossFit Evolution should you have any concerns over your physical condition and will advise us immediately should your circumstances change.

 

3) You shall regularly familiarise yourself with and abide by the Rules of Membership which are displayed prominently in the Gym and relate to opening hours, use of facilities and your conduct, which rules you accept may change from time to time. Please also note that no person under the age of 14 is permitted inside a CrossFit Evolution, unless by prior written permission of the Gym Manager.

 

B: LIMITATION OF LIABILITY

 

1) You agree and acknowledge that you will not hold CrossFit Evolution liable for any loss, damage or theft on the part of its employees, independent contractors, consultants and/or members save for loss, damage or theft arising directly out of the gross negligence or fraudulent intent of CrossFit Evolution.

 

2) In the event that you have opted out of receiving Gym-related communications, you agree and acknowledge that you will not hold CrossFit Evolution, its directors, agents, employees and subcontractors liable for any loss incurred by you as a result of not receiving such communication.

 

3) You agree to use all facilities and equipment in a proper manner. You agree that CrossFit Evolution will not be liable to you or your dependants for any loss or damage (other than loss or damage directly attributable to CrossFit Evolution’s gross negligence or fraudulent intent) which you or any third party may suffer as a consequence of your incorrect use of CrossFit Evolution’s equipment or facilities or your breach of warranties and acknowledgements provided in A above and whether or not such loss arises from any bodily injury, disability, loss of life or damage to property. You agree that you will be liable for any damage caused to our equipment or facilities through your negligent use of same.

 

4) Subject to the provisions of the Consumer Protection Act, CrossFit Evolution’s liability to you and/or any other third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by negligence (but excluding gross negligence) of CrossFit Evolution, its servants, agents and subcontractors will in any event and under all circumstances be limited to an amount equal to the aggregate of membership fees paid by you to us in terms of this membership agreement for the period of 12 months preceding the date of notification of any claim by you.

 

5) You agree that the limitations of liability imposed by this section B of Part 1 is fair and equitable.

 

 

 

PART 2: TERMS AND CONDITIONS

 

This Part 2 forms part of the CrossFit Evolution membership agreement between you and CrossFit Evolution SA (Pty) Ltd which includes Part 1: Warranties and Liabilities and Part 3: Privacy Statement (the “Membership Agreement” or “this Agreement”) and forms part of the Online Membership Application completed by you.

 

A: COMMENCEMENT

 

  1. You indicate your acceptance of the terms and conditions of this Agreement at which point this Agreement shall commence and be binding as between the parties hereto, being you and CrossFit Evolution. Your membership starts immediately, or when the Gym opens if you joined pre-opening. This Agreement shall continue indefinitely until terminated by either of the parties.

 

B: FEES AND CHARGES

 

The Monthly Fee (your monthly membership fees are payable in advance) and Joining Fee are set out in Step 1 “Membership Selection” of the Online Membership Application and are dependent on the product selected by you.

 

  1. Joining Fee

 

1.1. The Joining Fee is payable by you on commencement of this Agreement.

 

1.2. The Joining Fee is not refundable under any circumstances with the exception of a refund due to you in circumstances.

 

  1. First Month Membership Fee

 

2.1. If the Gym selected by you in Step 1 “Membership Selection” of the Online Membership Application (the “Gym”) is open when your membership starts, the first Monthly Fee shall be payable by Credit Card/ Cheque Card or Instant Electronic Fund Transfer together with the Joining Fee which will be processed upon your completion of Step 4 “Joining Fees Payment” of the Online Membership Application. The Monthly Fee due for the first month shall be calculated as being the number of days from the date on which your membership starts, to the last day of that month (both days inclusive) divided by the total number of days in that month and multiplying the result by the Monthly Fee.

 

2.2. If your membership starts before the Gym opens, the first Monthly Fee shall be payable by debit order from the bank account you nominated on the date the Gym opens. The Monthly Fee due for the first month shall be calculated as being the number of days from the date on which the Gym opens to the last day of the month (both days inclusive) divided by the total number of days in the month and multiplying the result by the Monthly Fee.

 

  1. Monthly Membership Fees

 

3.1. The membership fee due by you for your second month of membership and any given month thereafter shall be the Monthly Fee which is payable in advance on the 1st business day of that month. The Monthly Fee due shall be collected by way of debit order from the bank account you nominated in the Online Membership Application completed by you. Additional attempts will be made to collect the Monthly Fee if the first attempt is not successful.

 

4.1. Subject to the Consumer Protection Act, payments made by debit order are not refundable under any circumstances.

 

4.2. Should any debit order be returned unpaid or any other form of payment not be honoured for whatever reason, an administration fee may be payable by you, which fee you agree may be debited by us from the bank account you nominated in the Online Membership Application completed by you.

 

  1. Fee Changes:

 

5.1. CrossFit Evolution reserves the right to implement changes to the Monthly Fee and Administration Fee at such times and in such manner as it may in its sole discretion determine and will provide you with one month’s notice of any fee increase.

 

5.2. If you are unwilling to pay the increased Monthly Fee or Administration Fee, you may terminate this agreement as provided for in Section C of this Part 2.

 

5.3. From time to time, CrossFit Evolution may offer discounts to the normal Monthly Fee. This will be clear during your online Joining process, and confirmed in your Welcome email. You will also be able to see these discounts in the Manage Transactions section of your online Member’s Area, where each month you will see the normal Monthly Fee, followed by any discounts which may apply, followed by the net amount taken via debit order. When the discounts end, the normal Monthly Fee will continue to apply.

 

C: TERMINATION

 

1.1. You may terminate this Agreement via email, Should you terminate this Agreement before midnight CAT on the 25th day of any particular month, this Agreement will terminate as at the end of that month, with no cancellation fee due. Should you notify us of your intention to terminate this Agreement on or after midnight CAT on the last calendar day of any particular month, this Agreement will terminate at the end of the following month.

 

1.2. If you had selected the 12-month membership option, and then wish to terminate within your first 12 months, then a cancellation fee will apply. After the initial 12 months, the above process in C 1.1. applies, with no cancellation fee due.

 

1.3. Should you wish to become a member again following a termination, you will need to re-join which will involve paying the Joining Fees again.

 

  1. We may terminate this Agreement on written notification to you should you breach any of the terms and conditions set out in this Agreement or breach the Rules of Membership which are displayed prominently in the Gym.

 

  1. Upon termination of this Agreement, your membership of CrossFit Evolution shall cease and you shall no longer have access to the Gym and the use of its facilities.

 

 

E: NOTICES TO CROSSFIT EVOLUTION

 

  1. All your communication with us, including the service of any written notice pursuant to this agreement, may be transmitted to us via the Contact Us area online, through the CrossFit Evolution website at the following web address: www.crossfitevolution.co.za. Any notice transmitted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us at the time such notice is transmitted.

 

  1. Additionally, an email can be sent to info@crossfitevolution.co.za. Any notice transmitted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us at the time such notice is transmitted.

 

  1. Alternatively, and only in the event that you are unable to access or communicate via the Membership Area, notices may be delivered by prepaid registered post to the following physical address: 139 Thabo Mbeki drive ,Mokopane. Any notice posted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us 14 days after the date of posting.

 

F: GENERAL TERMS

 

  1. You agree to advise us immediately of any change to any of the details provided by you via email

 

  1. You will be entitled to all the rights and privileges exercisable for the product selected by you in Part 1 “Membership Selection” of the Online Membership Application.

 

  1. You cannot transfer or assign this Membership Agreement to anyone else.

 

  1. It is our policy to empty all lockers every evening. Any items remaining will be stored for 48 hours and deemed abandoned thereafter. We reserve the right to charge you for the storage and removal of items left in lockers.

 

  1. You may not permit another person to use your membership rights and privileges
  2. We reserve the right to take photographs of our premises for marketing purposes and you consent to your incidental inclusion in same.

 

  1. If we take no action or let you off any breach of this Agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this Agreement strictly at a future date.

 

  1. We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. Your rights under this Agreement will not be prejudiced.

 

  1. You choose as your domicilium citandi et executandi for all purposes under this Agreement, the physical address, mobile number and/or e-mail address as specified in “My Details” in the Members Area on www.crossfitevolution.co.za which initially are those supplied by you in Step 2 “Personal Details” of the Online Membership Application, and which may be updated by you at any time in the Members Area thereafter, for the purposes of serving notices in terms of this Agreement.

 

  1. All notices in terms of this Agreement must be in writing and if delivered: by pre-paid registered post, shall be deemed to have been delivered within 14 days of posting; by hand, shall be deemed to have been received at the time of delivery; and by fax or e-mail, shall be deemed to have been received on the first day following transmission.

 

  1. This Agreement is governed by South African Law and you consent to the non-exclusive jurisdiction of the Western Cape High Court in South Africa in respect of any proceedings arising out of this Agreement that may be brought by us against you.

 

  1. The invalidity, unenforceability or illegality of any term of this Agreement, under the laws of any jurisdiction, shall not affect the validity, enforceability or legality of the remaining terms and should it be determined that one or more terms are invalid, unenforceable or illegal, such term shall be deemed to be severed from this Agreement and the remaining terms of this Agreement shall in all other respects remain in full force and effect.