1. DURATION
1.1 The duration of the Agreement shall be month to month.
1.2 A month is defined as a 30 day period for which full payment has been received
2. AUTOMATIC RENEWAL
2.1 The Agreement shall automatically continue on a month-to-month basis after the initial registration until cancelled. Cancellation requires a 30 day cancellation notice.
Cancellation needs to be done by sending an email to info@youngwarriorsdefenceacademy.com
If the cancellation is received after the 7th day of the month it would be processed for the following month.
3. REGISTRATION FEE
3.1 The Academy charges a non-refundable registration fee for all new agreements unless otherwise stipulated.
3.2 The monthly fee is due and payable, in advance, by the 1st of every month.
3.3 Extra Private Sessions and or Group classes that are more than the regular weekly sessions will be billed separately.
3.4 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.
3.5 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 fees.
4. CLASS SESSIONS, BOOKINGS & STAFF
4.1 Private session time slots must be booked, in advance, by contacting info@youngwarriorsdefenceacademy.com
4.2 Should a member not be able to attend his/her session, the member is obligated to cancel the session 12 hours in advance.
4.3 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.
4.4 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.
4.5 The Academy 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. COOLING OFF PERIOD
5.1 A member is entitled to cancel this agreement within (7) seven days of the date on which the Member joined. Where a Member exercises his/her rights to cancel the agreement during the cooling off period, any payments made will be refunded via EFT.
5.2 Should the member cancel the agreement during the cooling-off period any resources supplied to the member must be returned in the same condition supplied in order to qualify for a full refund.
6. TERMINATION
6.1 Cancellations require 30 days notice and must be done in writing by sending an email to info@youngwarriorsdefenceacademy.com
6.2 The Academy reserves the right to terminate a Member’s agreement if the member engages in any conduct which, in the Academy’s opinion would have a negative effect on the Academy, its staff or other Members.
6.3 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.
7. DOMICILIUM CITANDI ET EXECUTANDI
7.1 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 the registration form.
7.2 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.
7.3 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.
7.4 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.
8. CESSION
8.1 This agreement may not be ceded or assigned in any manner whatsoever under any circumstances.
9. DESTRUCTION OR DAMAGE
9.1 If the buildings on the premises are so damaged by fire, riot, storm, or the like as to be wholly untenantable, then this agreement will not terminate, unless otherwise agreed between the parties.
9.2 Should the Member be able, notwithstanding the damage, to enjoy some beneficial use then this agreement will not terminate.
10. NON-WAIVER
10.1 No failure of the Academy 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 Academy’s right to demand exact compliance with the terms
hereof.
11. SEVERABILITY
11.1 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 Academy determines that said finding of illegality adversely affects the basic consideration of the Agreement, the Club, may at its option, terminate this Agreement.
12. GOVERNING LAW
12.1 This agreement shall be governed by the laws of the Republic of South Africa.
13. JURISDICTION
13.1 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.
14. LIMITATION OF LIABILITY
14.1 Under no circumstances will Young Warriors Defence Academy, 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.
14.2 In no event will the aggregate liability which Young Warriors Defence Academy may incur in any action or proceeding exceed, the lesser of, the aggregate of the membership fees paid to Young Warriors Defence Academy in terms of this membership contract for the period of 6 months preceding the date of notification of any claim.
15. USE OF THE FACILITIES AND RISK
15.1 It is specifically recorded that use of the equipment, sporting and other facilities of the Academy’s (“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 Young Warriors Defence Academy, for all and any damage to the equipment caused by the member or persons using the same with the Member’s authorization.
15.2 Young Warriors Defence Academy cautions that whilst you are on our premises using our Academy 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. Colliding with equipment or other Members
iii. Engaging in strenuous exercise and activities; or
iv. 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 Young Warriors Defence Academy 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.
16. WARRANTY
16.1 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 Young Warriors Defence Academy harmless against any damages or expenses, that may occur; and pay any costs, damages or legal fees and
costs awarded against Young Warriors Defence Academy resulting from a breach of this clause.
16.2 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. Young Warriors Defence Academy 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.
16.3 The member hereby indemnifies and holds harmless Young Warriors Defence Academy 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 Young Warriors Defence Academy any obligation or representation or warranty of Young Warriors Defence Academy 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 Young Warriors Defence Academy or the Member in connection therewith.