Membership Terms & Conditions
The membership agreement (‘Agreement”) for the type of membership indicated below, is between The Training Edge Health Clubs (“The Club”) and the undersigned member (“Member”)
The agreement is for a minimum term of 3 / 6 / 12 months. Unless I terminate this agreement by the date of the expiration of the minimum term, It shall automatically be renewed on a month-to-month basis.
3. Monthly Membership Fees:
Unless dues are pre-paid for a period, the monthly billing of this membership will be as follows:
3.1 The membership fee of each month shall be due and payable on the 1st/15th/25th day of each month or the closest business day thereafter.
3.2 The Member is obliged to pay regardless of whether he/she uses club facilities until the termination date or cancellation date.
3.3 The membership fee shall be subject to an annual escalation fee, subject to CPI or 10% whichever is greater, regardless of the commencement date of this agreement. The annual escalation fee shall take effect in March of each year that the contract endures.
3.4 The Club reserves the right to increase membership fees further in its sole discretion, should municipal rates & taxes be increased by local authorities.
3.5 The Member shall have access to and usage to The Clubs’ facilities. In exchange for such access and usage, the Member undertakes to pay a discounted monthly membership fee via Debit Order for a minimum period (the term) as stated in clause 2.
3.6 “EFT Administrators” are hereby authorized to draw/collect from the selected account with the selected bank instruction (or any bank, building society or branch to which the account may be transferred) the instalment amount as indicated on behalf of The Club. The Member agrees to pay any bank charges relating to this payment instruction.
4. Other charges
4.1 If the Member fails to pay any amount owing to The Club, including but not limited to any monthly membership subscription or any amount owing to The Club for goods or services supplied by The Club, then The Club shall be entitled to charge a maximum amount of 2% on the default amount plus an administrative fee of R60 per unpaid transaction. The aforementioned shall be in addition to the default amount that is due and payable to The Club.
4.2 In the event of my membership handed over for collection, the non-discounted monthly rate prevailing at that time will be charged for the full term of the contract. The Member agrees to pay the cost of all letters, telephone calls and tracing fees from being in arrears and, should the balance of the total sum be handed over for collection, to pay all legal charges as between attorney, collection agent and client together with collection commission. EFT administrators reserve the right to debit the payer/member’s account for any unpaid amount and fees, at any time of the month.
4.3 Initiation Fee and Membership Dues:
In consideration of the membership, the Member undertakes to pay a non-refundable initiation fee & card fee.
4.4 Annual Maintenance Levy:
The annual maintenance levy shall be utilized for the erection, maintenance, improvement, general upkeep and any refurbishment of The Club’s facilities. In addition to the membership fees, regardless of the type of membership, a maintenance levy to the value of the monthly fee of a 12 month single membership, valid at the time, shall be paid by the Member as follows:
□ Option 1: A maintenance levy to the value of 50% of the monthly fee of a 12 month single membership, valid at the time, will be charged every March & September.
□ Option 2: A maintenance levy to the value of a 12 month single membership, valid at that time, will be charged every September.
4.5 Annual Child Fee:
In addition to the membership fees, regardless of the type of membership, an annual child fee per child to the value of a 12 month single membership, valid at the time, shall be paid by the member as follows:
□ Option 1: A bi-annual child fee, per child, to the value of 50% of the monthly fee of a 12 month single membership will be charged every June & December.
□ Option 2: An annual child fee, per child, to the value of the monthly fee of a 12 month single membership, valid at that time, will be charged every June.
5.1 All discounts shall be granted to the Member provided this contract endures for the full duration as determined in clause 2 hereto.
5.2 Where the Member terminates the agreement prior to the expiration of the minimum term, any discounts given to the Member shall immediately become due and payable.
6. Termination or Suspension of Membership
6.1 A member may resign from the Club on written notice given at any time. The written notice must be given to the Club at least 20 business days prior to the next payment date. This means that the Member shall be liable to the Club for the value of one month’s membership calculated from the date the Club receives the Member’s notice of cancellation.
6.2 A member must give written notice of the agreement either by way of addressing and sending notification via post to the Club at EFT Administrators, PO Box 28965, Danhof, 9310 or by completing the notification on official forms available at the respective Club. The cancellation notice may also be send by facsimile to 086 660 3531 or e-mailed to email@example.com
6.3 Where the member cancels the agreement prior to the expiration of the minimum term, stipulated in clause 2, the member shall give written notice to the Club at least 20 business days prior to the intended date of cancellation. The Member shall be liable for a 10% (ten percent) cancellation fee. The cancellation penalty shall be calculated on the balance of the agreement up to the date of cancellation. For example, where a member signs a 12 month contract and cancels in the third month, the penalty shall be 10% of the total value of the contract + the maintenance levy (that is, the Rand value of the remaining 9 months x 10% + the annual maintenance levy). The Member shall then be liable and undertakes to pay all monthly membership fees, discounts and any other concessions granted to the Member that remain due and payable at the date of cancellation. The aforementioned amounts must be paid within 20 business days from the date of cancellation.
6.4 On the expiry of the minimum term of this agreement, the agreement shall continue on a month-to-month basis as set forth in clause 2, unless the Member directs the Club to terminate the agreement.
6.5 The member is responsible to verify that no further deductions from his/her account after the approved cancellation months. No refunds will be done longer than 3 months after the approved cancellation months.
6.6 Extensions: for a valid reason with documentation (medical/business) may be extended for a minimum of 1 month and a maximum of 6 months within an annual cycle. School holidays/holidays are not deemed as a valid reason for extension. A levy will be due for approved extensions.
7. Exclusion of Liability and Indemnity
7.1 The Club shall not be responsible or held liable for any loss, damage or injury including consequential losses, suffered by or caused to any person or property anywhere on or about the Club’s property or premises, whether or not such loss, damage or injury is occasioned by any act or omission of the Club, or anyone else for whose actions the Club would be liable in law, or by reason of theft or burglary with or without forcible entry, or by reason of any condition on or off the grounds of the Club, or any defective facilities of the Club, or caused by any sporting activity carried out on the Club’s premises, or by any other causes of whatsoever nature and howsoever arising.
7.2 The Member shall, at all times, hold the Club and all Members of the Club indemnified against and harmless from and shall in no matter whatsoever seek to hold any of them liable for any injury, loss or patrimonial loss arising directly or indirectly from participation of any sporting activity or the Club whether or not such injury, loss or damage can be attributed directly or indirectly to negligence of whatsoever nature or degree on the part of the Club, any Member of the Club, and/or any of their officials, employees and/or agents.
7.3 The Member has advised the Club that he is medically and physically fit to use an exercise program and Club facilities and that he has consulted a physician who has approved his usage of the facilities of the Club and any sporting activity offered by the Club.
7.4 It is acknowledged that The Club and or third parties for marketing purposes and the like may use personal details given herein.
8. Entire Agreement and Variations
8.1 This agreement constitutes the whole agreement between the member and The Club and supersedes all prior verbal or written agreements or understandings or representations by or between the parties regarding the subject matter of this agreement, and the parties will not be entitled to reply, in any dispute regarding this agreement, on any terms, conditions or representations not expressly contained in this agreement.
8.2 No variation of or addition to this agreement will be of force or effect unless reduced to writing and signed by or on behalf of the parties.
8.3 Neither party to this Agreement has given any warranty or made any representation to the other party, other than any warranty or representation which may be expressly set out in this Agreement.
8.4 I warrant the information given by me regarding the membership / EFT is true and correct in every respect. I undertake to notify The Club in writing by registered post of any material change in my circumstances. I choose my above address, contact numbers or e-mail address as disclosed herein as my domiciliumcitandi et executandi for all purposes arising of this agreement. Any legal process ensuing from this agreement shall be served on the Member’s domiciliumcitandi et executandi (physical address).
EFT Administrators is a separate registered entity and is authorised on behalf of The Club to act as funds administrator and collection agent.