Terms and Conditions of Membership
- Introduction and Agreement between BODYTEC® and You
1.1. You (the party whose details are on the Application Form and “Your” having a corresponding meaning) must read this document carefully and make sure You understand it. Please advise BODYTEC® if You need an explanation.
1.2. This “Terms and Conditions of Membership” document together with the “Membership Application Form” (hereafter “Application Form”) on the reverse hereof, and/or attached hereto, both must be read together and are hereafter referred to as “the Agreement”, and:
1.2.1. Will bind You and the BODYTEC® franchisee entity indicated as the “BODYTEC® Branch” on the Application Form, and accordingly this Agreement is between You and the “BODYTEC® Branch” on the Application Form, and all references to BODYTEC® in this Agreement means such BODYTEC® franchisee entity; and
1.2.2. Will govern the services provided by BODYTEC® to You, and Your use of the facilities which BODYTEC® makes available to You; and upon signature by You of the Application Form, You agree to be bound by the Agreement.
- Fees and Contract Period
2.1. The fees due by You are in the Application Form, inclusive of VAT. The joining fee, which includes 1 (one) pair of short Anti-Slip socks, is non-refundable. If Your membership is expired or cancelled for any reason, then if You wish to re-join as a member and receive BODYTEC® services, You will have to pay the joining fee again.
2.2. You can choose 1 (one) of 8 (eight) BODYTEC® membership formats:-
2.2.1. “Prestige Membership”
- Duration of 12 (twelve) months with 4 or 6 session per month
2.2.2. “Classic Membership”
- Duration of 6 (six) months with 4 or 6 sessions per month
2.2.3. “Express Membership”
- Duration of 3 (three) months with 4 or 6 sessions per month
- For no additional charge You can upgrade Express Membership at the end of the 1st or 2nd month to Classic Membership or Prestige Membership and you can upgrade the Classic Membership to the Prestige Membership at every 1st of the months.
2.2.3.1. All training session must be used within the duration of the membership packages (3, 6 or 12 months). Unused sessions can only be redeemed within the following month of your membership package except for sessions missed in the the last month of your membership. After the membership period expires all unused sessions expire and can no longer be redeemed. Sessions are not transferable to any other party (including to other members
2.2.3. “Pre-Paid Package” and “Pre-Paid FNB eBucks Package”
- Duration of 6 (six) months
- All training sessions must be used up within 6 (six) months after purchase
- After 6 (six) months, the sessions will all have expired and can no longer be redeemed
- Sessions are not transferable to any other party (including to other members)
2.3. For all formats:-
2.3.1. Membership commences on the first day of the calendar month after You have:-
- completed & signed the Application Form to BODYTEC®’s satisfaction
- paid the applicable joining fee & all additional fees indicated on the Application Form in full
- paid pro-rata for the first month’s membership fee (if applicable)
2.3.2. You must give at least 12 (twelve) hours’ prior notice of cancellation by email or phone; failure to do so will result in the training session being forfeited. A 2 (two) times consecutive failure to give notice by email or phone will result in Your permanent scheduled training sessions being cancelled and You will be required to re-schedule at the next available time.
2.3.3. You may attend a maximum of 2 (two) training sessions per week (depending on your membership package), provided that there is at least a 4 (four) day recovery period in between sessions. (i.e. You can train Mon & Fri or Tue & Sat, etc.).
2.3.4. You need to rent your own SYMBIONT Tec Suit via the SYMBIONT online shop. This rental is at an additional monthly fee payable besides the BODYTEC membership fee. Specific T’s&C’s for the SYMBIONT Tec Suit can be found on the SYMBIONT online shop.
2.3.5. All BODYTEC® members with a current 10- session/FNB eBucks- voucher, 3-, 6- or 12-months membership will be able to train at any BODYTEC® studio in South Africa, provided that there is at least a 4 (four) day recovery period in between sessions. (i.e. You can train Mon & Fri or Tue & Sat, etc.)
2.3.6. The studio where You commence Your membership is Your “Home Studio.” National Sessions are limited to 4 (four) sessions per month at any other studio (such other studio is referred to as a (“Host Studio”). For further sessions at a studio other than your Home Studio Your membership must be transferred to the Host Studio, and this studio will become Your “Home Studio”.
2.3.7. When booking a session at a “Host studio” You must provide the details of Your “Home studio”. The “Home studio” is permitted to provide all Your details and information to the Host Studio on request. “Host Studio” sessions must be booked at least 24 hours in advance.
2.3.8. For every session in a “Host Studio” you have to bring your own SYMBIONT Tec suit.
2.3.9. Before expiry of any minimum duration, BODYTEC® will contact You in writing to let You know of your membership expiry, and of any material changes that would apply if the Agreement is to be renewed or will continue beyond the expiry; and the options available to You. On expiry, Your membership will be automatically continued on a month-to-month basis based on the rates of your previous membership format and as per the updated T&C’s and at the current prevailing BODYTEC® membership rates; and subject to any other material changes of which BODYTEC® has given notice, unless You direct BODYTEC® to terminate the Agreement on expiry, or unless You agree to a renewal of the Agreement for a further minimum duration.
2.4. Cancellation:
2.4.1. You have the right to cancel Your Membership with BODYTEC® at any time subject to 2.4.2 and 2.4.3 below.
2.4.2. On cancellation by You, BODYTEC® is not required to refund any amounts to You for the joining fee or the months that have elapsed.
2.4.3. You must give BODYTEC® at least 30 (thirty) calendar days’ notice in writing, and if
50% or less of Your membership has elapsed, BODYTEC® is entitled to charge a cancellation fee of R1,100.00 (one thousand one hundred rand), for all membership types, or if more than 50% of your membership has elapsed there is NO cancellation fee due, provided you give such notice prior to your next premium becoming due.
2.5. BODYTEC® is permitted to terminate or suspend the Agreement if:-
2.5.1. You commit a serious or a repeated breach of this Agreement, or of the studio rules that
BODYTEC® prescribes, and which are available by request from BODYTEC®;
2.5.2. You engage in any conduct, which, in the sole opinion of BODYTEC® would have a negative effect on BODYTEC®, any other members, staff of BODYTEC® or the premises at which BODYTEC® is situated;
2.5.3. any fee due by You to BODYTEC® is not paid in full and without delay;
2.5.4. information You supply to BODYTEC® is not true, correct and complete at all times; and / or
2.5.5. BODYTEC® or any staff member of BODYTEC® is of the opinion that You are medically unfit
2.5.6. Rental of your SYMBIONT Tec Suit needs to be cancelled separately and can only be done via the SYMBIONT online shop.
2.6. Fees due for Prestige Membership, Classic Membership and Express Membership must be paid monthly in advance by debit order. If Your debit order is rejected for any reason BODYTEC ® is entitled to levy a fee of R100 (one hundred rand) for each rejected debit order.
2.7. BODYTEC® may increase its fees from time to time, and will give You at least 30 (thirty) days’ notice of any such increase, but this will not affect the monthly amount You pay BODYTEC® if a minimum duration membership form at that has been agreed to in advance.
- Personal Information
3.1. By entering into this Agreement, you expressly agree that BODYTEC® may collect, use, process and share the personal information you submit as necessary to provide the BODYTEC® services and on the basis as described in BODYTEC®’s Privacy Policy available on its website.
3.2 You also consent to BODYTEC® using your information to market the BODYTEC® services to you and to communicate with you in general about sessions and administration.
3.3. You understand that personal information provided to a BODYTEC® Branch will be shared with and held centrally by BODYTEC®’s head office and you may receive correspondence from the BODYTEC® head office from time to time.
- Physical Fitness and Limitation of Liability & Indemnity
4.1. You accept that it is your sole responsibility to ensure you undergo a health and fitness assessment by a medical professional prior to commencing any training sessions, and you are, for the entire duration of this agreement, and at any time you attend a training session, medically fit, and you will seek prompt medical advice if you are not sure of or have concerns about your medical condition.
4.2. BODYTEC® takes all reasonable precautions to ensure that its equipment and facilities are in good order, however, there are risks associated with increased exercise and you hereby agree that you undertake to avail yourself of the services and facilities of BODYTEC® at your own risk, and BODYTEC® will not be liable to you for any direct or indirect loss, damage and/or death or injury or trauma you may incur when on the BODYTEC® premises, or availing yourself in any other way of the services or training sessions provided by BODYTEC ®.
4.3. You agree you must comply with all lawful instructions of BODYTEC® and its staff, and also comply with this agreement, and to the extent permitted by law, you agree to indemnify BODYTEC® and / or the BODYTEC® franchisee against any claim brought by you or any third party for any direct or indirect loss, damage and/or death or injury or trauma suffered by you, or any other person, or loss, destruction or damage to any property of yours or of any other person as a direct or indirect result of your wrongful act or omission.
4.4. If the Consumer Protection Act, 68 of 2008 (CPA) is applicable to this Agreement, the provisions of this Agreement or of this clause 3 will not be interpreted so as to exclude Your rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this Agreement, You will have no rights in respect of quality of service, safe and good quality goods or implied warranty of quality beyond those explicitly stated in this Agreement or the aforementioned sections.
- General Terms
5.1. This Agreement is the whole of the agreement between You and BODYTEC® relating to the subject matter hereof and You and BODYTEC® will not be bound by any terms, conditions or representations whether written, oral or by conduct and whether express or tacit not recorded herein. This Agreement replaces any previous agreement relating to the subject matter hereof, whether written or oral, and whether express or implied.
5.2. No variation, addition to or cancellation of this Agreement and no waiver of any right under this Agreement will be of any force or effect unless reduced to writing and signed by hand in pen on paper by or on behalf of each of You and BODYTEC ®.
5.3. Failure by BODYTEC® to enforce any provision of this Agreement will not affect BODYTEC®’s right to require performance of the provision at any time in the future, nor will the waiver of any subsequent breach nullify the effectiveness of the provision. No waiver will be effective unless it is expressly stated in writing and signed by hand in pen on paper by BODYTEC ®.
5.4. You are not permitted to cede, assign, delegate or otherwise transfer any of Your rights or obligations under this Agreement without prior written consent of BODYTEC®. BODYTEC® can cede, assign, delegate or otherwise transfer any or all of its rights or obligations under this Agreement without Your consent.
5.5. You choose as the address where You will accept service of any notices or other communications under this Agreement, and for service of legal process from or pursuant to this Agreement (domicilium citandi et executandi) as the physical (street) address set out on the Application Form, and BODYTEC® in turn, chooses the physical premises where its studio is located. Any notice given in terms of this Agreement must be in writing and any notice given by You or BODYTEC ® which: is delivered by hand will be deemed to have been received by the addressee on the 1st Business Day after date of delivery; transmitted by e-mail will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; posted by pre-paid registered post (or its foreign equivalent) to the addressee at its service address for the time being will be deemed to have been received by the addressee on the 7th (seventh) day after date of such posting if sender and addressee’s service address are both located in the South Africa, or on the 14th (fourteenth ) d ay if otherwise. Notwithstanding anything to the contrary contained or implied in this Agreement, written notice or communication actually received, including by way of telefax or e-mail transmission, will be adequate written notice or communication to such Party.
5.6. If You fail to make payment due by You in terms of this Agreement, BODYTEC® can proceed for recovery of all amounts due by You to BODYTEC®, including legal costs and collection commission.
5.7. From time to time, BODYTEC® may need to limit the facilities it can provide to carry out maintenance; and if so, You will be notified and You may transfer to another BODYTEC® location for the duration of the limitation; no other compensation will be due to You.
5.8. If the whole or any part of this Agreement is void or voidable by either You and / or BODYTEC® or unenforceable or illegal, the whole or that part (as the case may be) of that provision, must be severed, and the remainder of the Agreement will have full force and effect, provided such severance does not alter the nature of the Agreement.
5.9. This Agreement will be governed and construed according to the laws of the Republic of South Africa; all disputes, actions and other matters will be determined in accordance with such law. The Parties agree to submit to the jurisdiction of the Magistrates Court, notwithstanding the amount or matter may exceed such jurisdiction.
