TERMS OF MEMBERSHIP / RELEASE & WAIVER

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TERMS OF MEMBERSHIP AGREEMENT

1. DURATION:
1.1. This Agreement shall, notwithstanding the Signature Date, commence on the Starting Date and shall endure until the Expiry Date when it shall, subject to the provisions of clause 1.2 below, automatically expires.
1.2. JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB shall notify the Member in writing, not more than 80 (EIGHTY) and not less than 40 (FORTY) business days prior to the Expiry Date, of the impending Expiry Date, and shall in such notice to the Member indicate –
1.2.1. that, unless terminated at the option of the Member, this Agreement shall after the Expiry Date automatically continue on a month-to-month basis, subject to any material changes as indicated in clause 1.2.2 below;
1.2.2. a list of all material changes proposed by JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB to this Agreement as would be required in the event of the automatic continuation of this Agreement in accordance with clause 1.2.1 above or a renewal of this Agreement in accordance with clause 1.2.3 below and which material changes may not be contrary to the CPA;
1.2.3. the option available to the Member to renew this Agreement for a further period, provided that such option shall only be available to the Member if the Member has faithfully carried out the terms and conditions of this Agreement and is not in breach of a material provision of this Agreement as at the Expiry Date; and
1.3. that the Member may opt to –
1.3.1. Terminate the Agreement on the Expiry Date; or
1.3.2. Continue with the Agreement on a month-to-month basis as contemplated in
clause 1.2.1 above; or
1.3.3. Exercise its option to renew the Agreement as contemplated in clause 1.2.3
above.
1.4. Without prejudice to clauses 1.1 and 1.2, the Member may at any time during the existence of this Agreement, on 20 (TWENTY) business days’ written notice to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB, terminate this Agreement, provided that upon such cancellation –
1.4.1. the Member shall remain liable to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB for any amounts owing to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB in terms of this Agreement up to such date of cancellation; and
1.4.2. JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB shall be entitled to charge the Member a reasonable cancellation penalty as determined in accordance with the CPA, and if applicable, the CPA Regulations, provided such cancellation penalty may not have the effect of negating the Member’s right to cancel this Agreement.

2. JOINING CHARGE
2.1. The Joining Charge shall be payable by the Member on the Starting Date for the privilege of membership at the Gym, which Joining Charge is not in any way related to the Membership Fee or the Member’s access to the Gym.
2.2. The Joining Charge shall, be non-refundable.

3. MEMBERSHIP
3.1. The Member hereby acknowledges that JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB utilizes the services of a third party operator to capture, process and store the personal information (as defined in article 1 of the Protection of Personal Information Act 4 of 2013 (“POPI”)) of the Members provided to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB by the Members pursuant to this Agreement.
3.2. The Member voluntarily consents to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB to process (the term as defined in article 1 of POPI) any special personal information (the term as defined in article 1 of POPI) in respect of the Member, collected by or provided to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB, including, but not limited to information relating to the health status of the Member for the purposes of accessing and considering the Member’s health status in accordance with this Agreement.
3.3. The manner in which we collect your personal information will be by way of you contacting us telephonically, personally or electronically. If you contact us by using our website or requesting a quotation whether in person or electronically.
3.4. The personal information hereby provided by the client will be collected, disclosed, used, processed and stored as is necessary to carry out lawful actions and functions for the conclusion or performance of the agreement entered into between us, and will only be done with your written consent where required, unless we are legally required to do divulge same or are obligated to do so for performance of a public law.
3.5. The purposes for which The Supplier will use your personal information are as follows: to transact with you via sms, telephone, facebook, skype, twitter, postal address, website or email regarding reservations/bookings, outstanding membership fees and reminders to pay, to provide services/products to you; to inform you of new features, services, special offers and products (provided you have not declined to receiving such marketing material); to enable us to process, validate and verify reservations/bookings and requests for services or goods and for the purposes for which you specifically provided the information; to improve your experience on our website(if any).
3.6. You hereby provide us with your express written consent to use your personal information, share certain of your personal information in order to compile a profile of you, and to send promotional material to you in the ordinary course of our business
3.6.1. We will provide you with information regarding new services or special offers. In each instance, you will be provided an opportunity to opt out of such information.
3.6.2. You hereby grant us permission to enter your cellular number onto our SMS database, if supplied to us by you, for the purpose of promotional material. If you require to have your cellular number removed from our database, please send an email to the following address: theedgehealth@gmail.com
3.7. We will not sell, rent or provide your personal information to any unauthorised third parties without your consent. If at any stage, after you have given us consent, you no longer wish us to use or share your personal information with an affiliate party; you may at any stage withdraw your consent.
3.8. The Supplier shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on The Supplier; (b) to protect and defend the rights or property of The Supplier, and (c) for the purposes of distributing same to various employees and/or third parties who assist The Supplier is providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
3.9. THE SUPPLIER WILL:
3.9.1. treat your personal information as strictly confidential;
3.9.2. take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3.9.3. promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
3.9.4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
3.9.5. upon your request, promptly return, destroy, rectify any and all of your personal information in our possession or control.

4. MEMBERSHIP FEE
4.1. The Membership Fee shall annually escalate with the escalation of 10% and shall escalate accordingly on each anniversary of the Commencement Date, calculated on the Membership Fee of the immediately preceding year, with the first escalation to take effect on the first anniversary of the Commencement Date. Notwithstanding the aforesaid, JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB shall, without prejudice to its rights, be entitled, at its sole and absolute discretion, to reduce or waive the annual escalation of the Membership Fees for a particular year.
4.2. The Member shall be obliged to pay to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB all VAT that may be imposed from time to time and become payable by JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB in respect of the supply by JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB to the Member of any goods or services in terms of this Agreement or any amendment or renewal thereof.
4.3. Where the Member fails to pay any amount owing to JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB in terms of this Agreement on the due date thereof, then without prejudice to any other rights of JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB in terms of this Agreement, JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB reserves the right to refuse the Member’s access to and use and enjoyment of the Gym, until payment is received in full.

5. RELOCATION
5.1. Subject to the provisions of section 44(3)(i) of the CPA Regulations, JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB shall be entitled to –
5.1.1. at all reasonable times, effect any necessary replacements, maintenance, alterations, additions or other works as may be required by any competent authority, and for any such purpose to erect scaffolding and/or other building equipment and take such other safety measures as may be required by Law or goods industry practice for the protection of any person against injury arising out of any building operations, and in such a manner as may be reasonably necessary for the purpose of any of the required work. The Member shall not be entitled to a reduction of the Membership Fee, or any other costs payable in terms of this Agreement or other compensation for the effects of the interruption or suspension of access to and use and enjoyment of the Gym;
5.1.2. subject to clause 5.2 below, close or cease the operations of the Gym and to substitute therefor a reasonable accessible alternative facility as envisaged in section 64(3)(i) of the CPA;
5.1.3. vary, alter or change the operating hours of the Gym from time to time with prior notice to the Members; and
5.1.4. Vary, alter or change the equipment and/or facilities that may be available at the Gym, either by withdrawing equipment and/or facilities or by adding further equipment and/or facilities at the Gym.
5.2. In the event that JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB intends to close the Gym, without making available a reasonable accessible alternative facility as contemplated in clause 5.1.2 above, JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB shall –
5.2.1. give written notice of its intention to close the Gym to the Member at least 40 (FORTY) business days before the intended date of closure; and
5.2.2. In accordance with section 64(3) of the CPA, within 5 (FIVE) business days after the Gym has ceased business, refund any payment received by the Member, for the membership, which has not been utilised for the business of the Gym within the month of its closure.

6. USE OF THE GYM
6.1. The Member shall comply with any rules, policies and procedures prescribed by JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB from time-to-time and communicated to the Member relating to the access to and use and enjoyment of the Gym, including matters relating to security, access, parking security, and all matters incidental thereto.
6.2. The Member shall, to the extent permitted by Law and subject to the provisions of the CPA –
6.2.1. use the equipment and other facilities of the Gym with reasonable skill and care in accordance with the specifications as prescribed by the manufacturers of the equipment and other facilities in any documentation or manual; and
6.2.2. be liable for the reasonable costs of repairing any damage to the equipment and other facilities of the Gym, caused by the Member.
6.3. The Member shall not –
6.3.1. contravene or permit a contravention of any rules, policies and procedures applying to the Gym and prescribed by JODACK CC T/A THE EDGE HEALTH AND ADVENTURE CLUB; and
6.3.2. do anything or permit anything to be done in or on the Gym premises which may constitute annoyance, disturbance or discomfort to other members of the Gym which amounts to improper, indecent or objectionable conduct or use of the Gym;

7. The monthly premium of __________ will be available on the set date and in the case of failed transactions towards my account, a double deduction plus admin costs of (R75) may be deducted the next month, unless other arrangement have been made beforehand. The contract will be terminated upon the 3rd failed debit order and my outstanding account then handed over.

8. HEALTH DISCLAIMER:
8.1. I/We hereby understand and acknowledge that the training, programs and events held by THE EDGE HEALTH AND ADVENTURE CLUB may expose me to many inherent risks, including accidents, injury, illness, or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.
8.2. I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.
8.3. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and THE EDGE HEALTH AND ADVENTURE CLUB furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE THE EDGE HEALTH AND ADVENTURE CLUB, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation IN THE EDGE HEALTH AND ADVENTURE CLUB training, programs and/or events.
8.4. Before using any of the equipment you must sign below to agree that you have been shown how to use the machinery safely by a member of staff, or you can prove that you have previous knowledge and are capable of using it. It is your responsibility to train correctly and you do so at your own risk. THE EDGE HEALTH AND ADVENTURE CLUB is not liable for any injuries caused by improper use of the gym equipment. I understand that exercise may be a risk to my physical health and safety if not done properly.
8.5. I further understand that it is THE EDGE HEALTH AND ADVENTURE CLUB’S recommendation that you consult a physician prior to using any equipment on the premises, engaging in any exercise program or activity, or undertaking any food or diet program, whether or not such program is recommended BY THE EDGE HEALTH AND ADVENTURE CLUB. I understand that neither THE EDGE HEALTH AND ADVENTURE CLUB nor the advice of any member of THE EDGE HEALTH AND ADVENTURE CLUB personnel is a substitute for medical advice.

 

RELEASE & WAIVER OF LIABILITY

INDEMNITY

  1. The Member/s indemnifies and shall keep THE EDGE HEALTH & ADVENTURE CLUB indemnified at all times against any direct and consequential losses sustained by THE EDGE HEALTH & ADVENTURE CLUB due to any loss of or damage to property, claim for or in respect of the death or personal injury of any individual, or any other claim, action, charge, cost, demand or expense, including without limitation all legal fees and costs arising as a result of:
    1. Any breach of this agreement by the Member/s;
    2. The access to and use and enjoyment of The Gym and/or any activity conducted in or at The Gym by the Member/s or any other person whomsoever;
    3. The access to and use and enjoyment of The Gym by a Member who elected to gym at THE EDGE HEALTH & ADVENTURE CLUB, despite THE EDGE HEALTH & ADVENTURE CLUB’S recommendation otherwise pursuant to the Member’s results of the questionnaires and evaluation conducted; and/or
    4. Non-compliance by the Member/s with or contravention of the provisions of any law, rules, policies and procedures applying to The Gym;
  2. Provided that the indemnification of THE EDGE HEALTH & ADVENTURE CLUB by the Member/s does not apply to instances where the liability which is indemnified arose as a result of the willful misconduct or gross negligence of THE EDGE HEALTH & ADVENTURE CLUB.

LIMITATION OF LIABILITY

  1. The Member/s shall:
    1. Have no claim of any nature against THE EDGE HEALTH & ADVENTURE CLUB by reason of:
      1. Any loss, damage or injury which the Member/s or any other person whomsoever may directly or indirectly suffer by reason of any cause or action either wholly or partly beyond THE EDGE HEALTH & ADVENTURE CLUB’S control;
      2. Any loss or damage suffered by the Member/s following any burglary of or fire on The Gym premises.
      3. Any act or omission by any other Member/s of The Gym;
      4. Any access to and use and enjoyment of The Gym by the Member/s or any other person;
      5. The condition or state of repair at any time of The Gym and equipment and other facilities of THE EDGE HEALTH & ADVENTURE CLUB or any part thereof;
      6. Any failure or suspension of, or any interruption in, the supply of water, electricity, air conditioning, heating or any other amenity, utility or service to The Gym, whatever the cause;
      7. Any breakdown of, interruption in or faulty operation of any machinery, equipment, plumbing, electrical or other installation or system situated in or on, or serving, The Gym, including (but not limited to) any geyser, air-conditioning unit, burglar alarm, or security installation or system whatever the cause; and/or
      8. Any interruption of or interference with the access to and use and enjoyment of the gym caused by any construction operations or other works to or in or about The Gym whether carried out by THE EDGE HEALTH & ADVENTURE CLUB or by anybody else;
    2. Provided that such is not due to the willful misconduct of THE EDGE HEALTH & ADVENTURE CLUB;
    3. Not be entitled to withhold or defer payment of any amounts due in terms of this agreement, or apply set off in respect thereof, for any reason whatsoever, save in the instance where the cause is due to the willful misconduct of THE EDGE HEALTH & ADVENTURE CLUB or as otherwise provided for in this agreement.

FORCE MAJEURE

In the event of any delay in performance by THE EDGE HEALTH & ADVENTURE CLUB due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of THE EDGE HEALTH & ADVENTURE CLUB (including, but not limited to, strikes, lock-outs, shortage of labor, civil commotion, riots, war, threat of or preparation for war, breaking off or diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake, subsidence, pestilence or epidemic, machinery breakdown, failure of plant or collapse of structure, voluntary or mandatory compliance with any direction, request or order of any person having or appearing to have authority, inability to obtain suitable equipment, components or transportation as a result of Force Majeure, uncontrollable and/or any other cause or contingency beyond the control of THE EDGE HEALTH & ADVENTURE CLUB), THE EDGE HEALTH & ADVENTURE CLUB shall be under no liability for loss or injury suffered by the Member/s as a result thereof and the performance of such obligation by THE EDGE HEALTH & ADVENTURE CLUB shall be suspended during such delay and upon cessation of the cause of such delay, this Agreement shall again become fully operative and THE EDGE HEALTH & ADVENTURE CLUB shall immediately rectify such delay in performance, provided that, if such delay pertains to a material obligation of THE EDGE HEALTH & ADVENTURE CLUB by such Force Majeure event and such delay exceeds 30 (Thirty) days, the Member/s shall be entitled to terminate this Agreement by written notice to THE EDGE HEALTH & ADVENTURE CLUB

HEALTH DISCLAIMER

    1. I/We hereby understand and acknowledge that the training, programs and events held by THE EDGE HEALTH & ADVENTURE CLUB may expose me/us to many inherent risks including accidents, injury, illness, or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, and the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me/us.
    2. I/We hereby acknowledge my/our responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am/we are physically fit and mentally capable of performing the physical activity I/we choose to participate in.
    3. After having read this weaver and knowing these facts, and in consideration of acceptance of my/our participation and THE EDGE HEALTH & ADVENTURE CLUB furnishing services to me/us, I/we agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE THE EDGE HEALTH & ADVENTURE CLUB, its offices, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my/our participation in THE EDGE HEALTH & ADVENTURE CLUB’S training, programs and/or events.
    4. Before using any of the equipment I/we agree that I/we have been shown how to use the machinery safely by a member of staff, or I/we can prove that I/we have previous knowledge and are capable of using it. It is my/our responsibility to train correctly and do so at own risk. THE EDGE HEALTH & ADVENTURE CLUB is not liable for any injuries caused by improper use of the gym equipment. I/We understand that exercise may be a risk to my/our physical health and safety if not done properly.
    5. I/We further understand that it is THE EDGE HEALTH & ADVENTURE CLUB’S recommendation that I/we consult a physician prior to using any equipment on the premises, engaging in any exercise program or activity, or undertaking any food or diet program, whether or not such program is recommended by THE EDGE HEALTH & ADVENTURE CLUB. I/We understand that neither THE EDGE HEALTH & ADVENTURE CLUB nor the advice of any member of THE EDGE HEALTH & ADVENTURE CLUB’S personnel is a substitute for medical advice.
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