1. DURATION:
This agreement commences on the commencement date and continues for the selected duration of the contract, upon expiry of the contract term the contract shall proceed as is if not renewed for a further/different term.
2. UNDERTAKINGS BY YOU:
When you are required to provide Willow Way with details and personal information you undertake that it will be true, accurate and complete. You accept that the details and information which you have supplied and will supply to Willow Way will be relied upon by Willow Way to provide you with the services and for statistical and research purposes.
You undertake not to use, in any circumstances, the trademarks, logos, designs, trade names, the copyright, know-how and patents relating to Willow Way. If you do use any of these intellectual property rights, you will be liable for any damages that may be suffered, and you may also be liable to criminal prosecution. You indemnify Willow Way for every single consequence flowing from the unauthorized use of these intellectual property rights.
3. BREACH:
If you fail to observe or perform any of the Terms and Conditions of this agreement, then Willow Way shall be entitled, if it decides to do so, to immediately suspend your entitlement to membership to Willow Way until such time as the breach has been remedied to the satisfaction of Willow Way , or to terminate this agreement immediately. Whichever remedy Willow Way may select, it may still claim damages against you and exercise any rights against you which it has in law. Willow Way has no obligation to notify you in advance of the remedy which it may choose.
4. CESSION AND DELEGATION:
You may not cede any of your rights or delegate any of your obligations under this agreement to any person or entity without Willow Way’s consent. Willow Way shall be entitled to cede, assign or delegate any of its rights and obligations under this agreement to any person or entity without your consent.
5. TERMINATION:
Termination of your any membership will require thirty (30) days’ notice period.
6 and 12 months contracts must be honoured and the full amount outstanding will be paid upon termination. Cancellations must be sent to
[email protected]
If you wish to freeze your membership a once off reactivation fee of R1000 will be charged on top of your membership fee. Membership freeze maximum one month per year.
6. DOMICILIUM:
You choose domicilium citandi et executandi for all purposes under this agreement:
ADDRESS
All notices in terms of this agreement shall be in writing.
If a notice is delivered by hand, it will be deemed to have been received at the time of delivery. If a notice is transmitted by facsimile or e-mail, it shall be deemed to have been received on the first business day following transmission.
7. GENERAL:
You consent to the jurisdiction of the Pretoria High Court in South Africa in respect of any proceedings that may be bought by Willow Way against you arising out of this agreement.
Either party may elect to refer any dispute to arbitration, to which the other party consents.
This agreement constitutes the entire agreement between Willow Way and you relating to your membership. Any changes to this agreement must be in writing and may take the form of notifications by Willow Way to you.
If one or more of these terms are found to be unenforceable, that term shall be deemed to be severable from the remainder of these terms and the remaining terms of this agreement shall in all other respects remain in full force and effect.
There are risks associated with exercising and using gym equipment which can result in serious injury and even death. You accept responsibility for such risks. We recommend that you seek medical advice before you start a new exercise regime and that you always exercise to a level that is appropriate, given your knowledge of your health and any medical advice that you have obtained. You accept all risk and responsibility for nutritional, exercise or any other advice or plans that may be recommended to me.
I accept it is my responsibility to ensure that I am medically fit to exercise and I will seek medical advice if I am unsure of my medical condition. I understand and agree to the following disclaimer: To the fullest extent permitted by law, Willow Way, or any of their direct or indirect affiliates who may give you access to their facilities as a result of this Contract, and/or their directors, employees and independent contractors.
(collectively, ' Willow Way ') shall not be liable for any loss or damage whatsoever and howsoever arising (including from any nutritional, exercise or any other advice) suffered by me or any of my dependents, including (without limitation) loss or damage to person or property from a negligent (other than a grossly negligent) act or omission of Willow Way, other members or guests.