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Waiver & Release of Liability

This form is an important legal document. It explains the risks you are assuming by participating in the Willow Way Fitness training programme. It is critical that you read and understand it completely. After you have done so, please sign in the space provided.

  • I, the undersigned, have voluntarily chosen to participate in a programme of physical exercise under the direction of Willow Way Fitness instructors, which may include, but is not limited to, weight and/or resistance training. In consideration of Willow Way Fitness's agreement to instruct, assist, and train me, I hereby release and discharge, and hold harmless, Willow Way Fitness from any and all claims, demands, damages, or causes of action, present or future, arising out of or connected with my participation in this or any exercise programme, including any injuries resulting therefrom.
  • I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death, and I am voluntarily participating in these activities and using equipment and machinery with full knowledge of the dangers involved. I indemnify Willow Way Fitness, its training methods, coaches, and the premises in which the programme is conducted, and I hold them harmless against any claims that may arise as a result of my participation in this programme. I hereby expressly assume and accept any and all risks of injury or death
  • I hereby declare myself to be physically sound and not suffering from any condition that would prevent my participation or use of machinery or equipment. I acknowledge that I have chosen not to undergo a physical examination before participating in this programme and do so at my own risk. I also acknowledge that I am participating without the approval of my doctor and hereby assume full responsibility for my participation, activities, and use of machinery and equipment.
  • I indemnify Willow Way Fitness from any liability related to my participation and acknowledge that I have thoroughly read and fully understand this waiver and release. By signing this document, I am waiving any right that I, or my successors, might have to bring legal action or assert a claim against Willow Way Fitness.

Authority to Debit Mandate

As an authorised signatory of the bank account (or any other account to which I may transfer), I authorise Willow Way Fitness to debit the fees, associated amounts, and/or monthly instalments for the duration of my membership, unless reimbursed or paid upfront by cash or card.

If this authority is cancelled, I acknowledge that such cancellation will not automatically cancel my membership, and I will remain liable for payment.

  • I undertake to ensure that funds will be available and authorise Willow Way Fitness to re-submit the debit and/or implement tracking on this account to collect funds as soon as they are available if the debit is unsuccessful. I acknowledge that additional fees may be charged for re-submission by the bank and/or Willow Way Fitness.
  • I acknowledge that I am not entitled to any refund while this authority is in force if such amounts were legally owed to Willow Way Fitness.
  • I acknowledge that my debit order amount might change from time to time due to changes in my membership package, and I hereby authorise Willow Way Fitness to debit my account according to any such changes, as per invoice. Changes to my membership package must be provided in writing (via email) to Willow Way Fitness at least one full calendar month before the next payment is due.
  • I authorise Willow Way Fitness to disclose to any credit bureau any information concerning my credit profile and payment history.
  • The bank details provided must belong to a bank within the Republic of South Africa.
  • If the payment date falls on a Saturday, Sunday, or recognised South African public holiday, the payment will be processed on the next ordinary business day.
  • The first debit will be determined by the start date of the membership, with subsequent debits processed on or about the dates chosen above.
  • I understand that one full calendar months' notice in writing (via email) is required to cancel my membership. Notice must be given in a manner that ensures receipt by Willow Way Fitness. If notice is provided during the month, the next month (subsequent calendar month) will be regarded as the notice month, and I will be liable for one more monthly payment before the debit order is stopped.

Terms & Conditions

Duration

This agreement commences on the start date and continues on a month-to-month basis until cancelled in writing (via email to info@willowwayfitness.co.za) or amended in writing (via email).

Cancellation and Notice Period

Notice of Cancellation: Members are entitled to cancel their month-to-month membership at any time by providing written notice (via email).

  • Notice Period and Final Payment: Upon cancellation, members are generally required to provide one full calendar month's notice. This means that if you submit your cancellation notice at any time during a given month, your membership will remain active until the end of the following month, and you will be charged the regular membership fee for that final month.
  • Holiday Period Notice: Due to the holiday period, cancellations requested during December require two full calendar months' notice. If you submit your cancellation notice at any time in December, your membership will remain active until the end of February, with corresponding membership fees payable.
  • Consumer Protection Act (CPA) Compliance: In compliance with the Consumer Protection Act (CPA), members may alternatively choose to cancel by providing 20 business days' notice. However, in such cases, a reasonable termination fee equivalent to one full month's membership fee will be charged, reflecting the costs associated with the cancellation.

Undertakings by You

You undertake to provide true, accurate, and complete personal information to Willow Way Fitness. This information will be relied upon to provide services and for statistical and research purposes. You agree not to use Willow Way Fitness's trademarks, logos, designs, trade names, copyright, know-how, or patents without permission. Unauthorised use may result in legal action and liability for damages.

Breach

If you fail to observe or perform any of the terms of this agreement, Willow Way Fitness may immediately suspend your membership or terminate this agreement. Willow Way Fitness reserves the right to claim damages or exercise any legal rights without prior notice.

Cession and Delegation

You may not cede your rights or delegate your obligations under this agreement without Willow Way Fitness's consent. Willow Way Fitness may cede, assign, or delegate its rights and obligations without your consent.

Termination

Termination of membership requires one full calendar month's notice in writing (via email) unless you exercise your right under the Consumer Protection Act, which allows for cancellation with 20 business days' notice in writing (via email). If notice is given during a month, the next month will be the notice month, and you will be liable for one more payment before the debit order is stopped, unless otherwise covered by the CPA.

Holiday Period Termination: Cancellations requested during December will require two full calendar months' notice. Therefore, if a cancellation is requested in December, the membership will remain active until the end of February, with corresponding fees payable.

Domicilium

All notices under this agreement must be in writing (via email). Notices delivered by hand will be deemed received at the time of delivery. Notices transmitted by email will be deemed received on the first business day following transmission.

Jurisdiction

You consent to the jurisdiction of the Pretoria High Court for any proceedings brought by Willow Way Fitness arising from this agreement.

Entire Agreement

This agreement constitutes the entire agreement between Willow Way Fitness and you relating to your membership. Any changes to this agreement must be in writing (via email). If any term is found to be unenforceable, it will be severable from the remainder of the terms, which will remain in full force.

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