The Membership Service and Release of Liability Agreement (the ‘Agreement’) is between Crossfit False Bay Pty Ltd and you, the Client (individually, if you are the Client and/or as agents or guardian of the Client). It is agreed between Crossfit False Bay Pty Ltd and the Client that Client is purchasing, for the benefit of the Client, a fitness program membership, from Crossfit False Bay Pty Ltd according to the terms on the front and reverse side of this Service Agreement.
Monthly Debit Order
Debit order form to be filled out by client when contract starts. Debit orders will run on the 1st of each month for the duration of the member
Authority and Mandate for payments Instruction: Electronic and Written Mandates
Abbreviated Name as Registered with the Bank: CFFB
This signed Authority and Mandate refers to our contract dated as per above date & time stamp (“the Agreement”).
I/We hereby authorise you to issue and deliver payment instructions to your Banker for collection against my/our above-mentioned account at my/our above-mentioned Bank (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement and commencing on as per above date & time stamp and continuing until this Authority and Mandate is terminated by me/us by giving you notice in writing of not less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address as indicated above.
The individual payment instructions so authorised to be issued must be issued and delivered monthly.
In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.
Payment Instructions due in December may be debited against my account on the 1st working day of January.
I / We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction.
I/We acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned Bank as if the instructions have been issued by me/us personally.
I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to you.
I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
EFT / Credit Card or Cash Payments
If paying via EFT, Credit card or Cash – the full amount for the duration of the membership is to be paid upfront Banking details. Crossfit False Bay Pty Ltd, First National Bank . Acc No: 628 320 040 06, Branch Code: 255 355, Ref: Your name
Please note, if you are not starting on the 1st of the month, we will pro-rata the first month, then payment is due on the 1st of each month thereon for the duration of your contract.
IMPORTANT NOTICE: Client, by agreeing to partake in Crossfit Fasle Bay Pty Ltd Training and Nutritional program and related activities, agrees to release Crossfit False bay cc from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.
By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions on the reverse side) after having the opportunity to have it reviewed by an attorney at the discretion of the Client. Client further acknowledges Client had received a filled-in and completed an electronic copy of this agreement, which includes the release and waiver of liability, and Additional Terms and Conditions located on the front and reverse side of the Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Crossfit False Bay Pty Ltd. Crossfit False Bay Pty Ltd cc has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
YOU, THE CLIENT, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE 3RD (THIRD) BUSINESS DAY AFTER THE DATE OF THE AGREEMENT, EXCLUDING SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE WHICH STATES THAT YOU, THE CLIENT, ARE CANCELLING THIS AGREEMENT.
ADDITIONAL TERMS AND CONDITIONS
RELEASE OF LIABILITY
CLIENTS ACKNOWLEDGE AND ASSUMTION OF RISK AND FULL RELEASE FROM LIABILITY OF CROSSFIT FALSE BAY Pty Ltd: CLIENT
ACKNOWLEDGES THAT THE TRAINING AND NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO RUNNING, WEIGHT TRAINING, GYMNASTICS MOVEMENTS AND NUTRITIONAL PROGRAMS OFFERED BY CROSSFIT FALSE BAY Pty Ltd (‘PHYSICAL ACTIVITIES’). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT/INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-â€EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT OR AN UNKOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF THE CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF THE CLIENT TO TAKE PART IN CROSSFIT FALSE BAY Pty Ltd PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, THE CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBLE FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, OR ON BEHALF OF CLIENT, HIS/HERS HEIRS, ASSIGNS AND NEXT OF KIN, WIAVES ANY CLAIMS AGAINST AND RELEASES CROSSFIT FALSE BAY PTY LTD (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITING THE PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN FALSE BAY CROSSFIT PTY LTD ACTIVITIES, BUT NOT LIMITED TO THE TRAINING AND NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
CROSSFIT FALSE BAY MEMBERSHIP AGREEMENT SERVICES
The service being requested is for coaching designed to progress you towards ELITE FITNESS. The Agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. This is NOT an agreement for a specific number of classes, seminars, or coaching lesions during the agreed upon period.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
PAYMENTS AND BILLING: The client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly payment by Debit Order per the guidelines on page one of the Agreement. Monthly payments will usually be drawn on the 1st day of the month as outlined on page 1 of this Agreement.
RENEWAL: At the end of the agreement duration, the Agreement will automatically extend by 1 (one) month at a time, unless cancelled 4 weeks ahead of time in writing (confirmed email is sufficient). The fee for each renewal month is the current rate for the membership in question.
CLIENT’S RIGHT TO CANCEL: The client may not terminate or cancel the Agreement except as follows: (1) If by reason or death or disability, Client is unable to receive all Crossfit False Bay Pty Ltd services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payments for services other than those received or obligated prior to death or onset of disability (subject to signed doctor’s note regarding nature of the disability); (2) in the event of the Client moves further than 50km away from Crossfit False Bay Pty Ltd, Client may terminate their agreement by supplying proof of new residence. If Client has prepaid any sum for services, so much of such sum as is allocatable to services client has not taken, shall be refunded. (3) In case of a 12-month agreement, Client as the right to cancel the Agreement after 6 months (not counting ‘on hold periods) with 2-week notice (written or confirmed email). The associated cancellation fee is R800.00.
CLIENT’S RIGHT TO HOLD: In cases of a 12-month membership, the client may, for periods or 4 weeks or longer, ‘put on hold’ the Agreement. For every 6 months of the Agreement, a maximum of 2 ‘on hold periods with a maximum total time of 3 months will be granted. The request to place the Agreement on hold must be submitted 7 days prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions: Client is injured or sick, or Client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the Client.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligations to make any payment as and when due. Upon default, Crossfit False Bay Pty Ltd shall have all rights and remedies available, including termination of this Agreement and institution of any action for all applicable damages. If Crossfit False Bay Pty Ltd delays or refrains from exercising any rights under this Agreement, Crossfit False Bay Pty Ltd does not waive, nor will Crossfit False Bay Pty Ltd lose those rights. If Crossfit False Bay Pty Ltd accepts late or partial payment from the buyer, Crossfit False Bay Pty Ltd does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon their heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statue or other right of any type, which would invalidate the enforceability of any provisions or portions of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the Republic of South Africa. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Crossfit False Bay Pty Ltd and Client agrees that the venue for such action shall exclusively be Cape Town, Republic of South Africa.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive the actual attorney fees incurred, together with the court costs, and other charges from the other parties as a part of any ruling or judgment.
-â€ Sessions not used in a week may not be carried over to a following week.
-â€ Membership fees are due to increase on the 1st of January each and every year. By signing this membership agreement, you agree that your membership rates will be adjusted on the turn of each calendar year. This increase will be in line with the annual inflation increase. This increase will not affect the term of your agreement. The term will still stay the same, however the rate may change. You will be notified a month in advance what the new rates will be.