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Terms and Conditions
THE DOJO
Jion Martial Arts and Fitness Centre, Jion or hereafter also referred to as the “Dojo” will refer to Acosports CC and all contractual references or obligations will be to Acosports CC
RULES AND REGULATIONS
The member agrees to obey the rules and regulations as established by the Management of The Dojo. These rules and regulations may be amended from time to time and may be orally communicated or contained on signs posted in The Dojo. All rules and regulations are available upon request and the member confirms that they are fully conversant with them and undertakes to always abide by them.
CLOTHING AND HYGIENE
The Dojo reserves the right to deny the use of The Dojo to any person whose attire is not considered to be appropriate in connection with the public image of The Dojo and its rules and regulations. No black-soled shoes are permitted on the studio floor. No topless training will be allowed. Members are required to always carry with them personal towels while exercising or training and shall use the towel to wipe equipment and upholstery clean or their immediate training area from any spillage.
DEFAULT
Should the member fail to pay an/any amount due by him/her to The Dojo on the due date therefor, or breach any term or condition of this agreement, or of The Dojo’s rules and regulations, or should The Dojo, acting reasonably, regard the member’s general conduct as unacceptable, The Dojo should have the right to summarily suspend or terminate such member’s membership, at The Dojo’s sole and absolute discretion. Notwithstanding such suspension or cancellation, in the event of non-payment or any amount due by the member to The Dojo including any bank charges that occurred due to the default will be payable by the member, the full contract price due by the member of The Dojo shall become immediately due, owing and payable.
FREEZING OF A CONTRACT
Contracts cannot be frozen for any reason unless written approval is obtained from The Dojo manager, along with proof of a doctor’s note or proof of travel. This contract may be frozen for a minimum of 1 (one) calendar month to a maximum of 6 (six) months in a twelve-month cycle, for medical reasons or travelling abroad. A twenty rand suspension levy will be due per month for the term requested and will still be extended at the end of the existing contract. After the six-month period has expired and the student hasn’t returned his membership will be cancelled. Freezing of the contract does not affect the member’s contractual obligation to 12-month courses.
MEMBERSHIP FEES
The member will not be released from the obligations about any payment of the membership fees as agreed to herein. The member is not entitled to any deduction or allowance for any payment made by reason of the member’s absence or withdrawal from The Dojo, nor by the member’s failure to attend or utilise the facilities of The Dojo. Course or membership fees are strictly non-refundable.
SERVICE FEES AND LEVIES
The member is liable to The Dojo for payment of the course fees as reflected in our correspondence and the debit order instruction. The member authorizes The Dojo to make charges to or withdrawals from such account as specified by the member in respect of the membership fees, yearly registration, and affiliation fees and/or monthly service fees. Should the official VAT rate increase, all fees and levies shall be increased in accordance with thereof. Debit Order instructions are at a discounted rate.
ANCILLARY CHARGES
Further charges may be levied for private training sessions, special training programs, meal plans or other service-related programs.
CANCELLATION & PENALTIES
Cancellation of the contract will only be accepted in writing. Yearly contracts may be cancelled earlier by law, but a cancellation fee of 2 months’ notice will be charged as well as discounts will be recouped.
CLOSURE OF DOJO AND/OR ALTERNATION OF HOURS
In the event of The Dojo, at its discretion, deciding that necessary maintenance work should be done to The Dojo’s premises, The Dojo may close its facilities for the period required for completion of the necessary maintenance.
– If at the discretion of The Dojo management and due to unforeseen circumstances, a Dojo must be closed on a permanent basis, Jion Martial Arts and Fitness Centre reserves the right however is not obliged to provide an alternative facility, within a 10km (TEN) radius, for use by the members.
– The Dojo hours will be displayed, and The Dojo management reserves the right to change The Dojo hours from time to time or as may be deemed necessary.
– Equipment and classes are available subject to demand. The classes may be discontinued, or the time thereof altered at the sole discretion of The Dojo management.
– Under no circumstances shall the member, or any third party, have any claim of whatsoever nature against The Dojo arising out of, or consequent to, this closure.
– If Jion Martial Arts and Fitness Centre cannot provide an alternative venue for the member to resume their training the member will not be charged the normal pro-rata monthly subscription until the situation is resolved
DAMAGE TO PROPERTY OF THIRD PARTY/IES BY MEMBERS
The member hereby indemnifies The Dojo and holds The Dojo harmless against all claims arising out of the damage of the property of third party/ies, including but not limited to, The Dojo’s strategic alliance partners, caused by the member, his/her dependents, guest or third party/ies, whether caused intentionally or accidentally.
LIMITATION OF LIABILITIES
I agree and acknowledge that Acosports CC will not be liable for death, injury, loss or damage suffered by me and/or the member(s) through or contributed to by any cause whatsoever including but limited to, any negligent (including grossly negligent) act and/or omission or breach of contract on the part of Jion Martial Arts and Fitness Centre, its directors, employees, contractors, independent consultants, or other members. I agree and acknowledge that I enter and exit the premises (inclusive of the parking areas) and use the equipment and facilities entirely at my own risk. In addition, I agree Jion Martial Arts and Fitness Centre shall not be vicariously liable for any loss or damages suffered by me and/or other member(s) because of theft on the part of its employees, independent contractors, consultants, or other member(s). I and/or my estate hereby indemnify Jion Martial Arts and Fitness Centre against any claim by any person arising directly or indirectly from my death, injury, loss, or damage suffered by a member, allegedly caused or contributed to by an act or omission by Jion Martial Arts and Fitness Centre, it’s directors, employees, contractors, consultants and agents.
VALUABLES AND PERSONAL PROPERTY
The Dojo will not be responsible for any loss, theft, or damage to personal property of the member, their dependents, guests or any third party/ies. The member agrees to waive any right to sue The Dojo for loss or stolen articles.
NON-VARIATION OF AGREEMENT
This is the entire agreement between parties and no representation, promise, warranty and/or agreement not contained herein shall be of any force and effect between the parties. No extension of time or other indulgence granted to the member by The Dojo in any way prejudice of The Dojo’s rights in terms of this agreement.
RIGHT OF ADMISSION RESERVED
The Dojo hereby reserves its rights to enter into this agreement with, or to grant membership of, or access to The Dojo to, any person, at The Dojo’s sole and absolute discretion.
PERSONAL TRAINING
The Dojo does not permit unauthorized personal training on its premises. Unauthorized personal training may lead to the suspension or expulsion of both/all party/ies involved in such personal training, at The Dojo’s sole and absolute discretion.
INTEREST AND OTHER CHARGES
The member will be liable to pay The Dojo, interest on all arrears amounts at the rate charged on the overdraft accounts plus 2% per month as charged by ABSA Bank (“the bank”) as certified by any manager of any branch of the bank, whose appointment and authority it shall not be necessary to prove, calculated monthly in advance as from the due date for payment of such amounts to date of final payment. The interest calculated as aforesaid shall be capitalised as and when it is calculated and shall thereupon form a portion of the amount outstanding for the calculation of interest thereafter.
Should The Dojo institute legal proceedings against the member arising out of the member’s breach of this agreement and/or The Dojo’s rules and regulations, or for any reason whatsoever, the member will be liable to The Dojo for tracing fees collection, commission and/or legal cost incurred by The Dojo on the scale as between attorney and own client.
DOMICILIUM CITANDI ET EXECUTANDI
For the purpose of this agreement, including the giving of any notice required or permitted hereunder and any proceedings which may be instituted by virtue hereof, the member chooses his/her physical address, as set out on the face of this document. To be their Domicilium citandi et executandi. In the event of the member’s Domicilum address changing, the member is obliged to inform The Dojo thereof in writing, within 30 (THIRTY) days from the date of such change.
CERTIFICATE OF INDEBTEDNESS
A certificate purporting to be signed by or on behalf of The Dojo (it not being necessary for The Dojo to prove the appointment or authority of the person signing such certificate) specifying the amount of the member’s indebtedness to The Dojo (including all applicable costs and interest, as well as the rate thereof and the period for which it is applicable) and further stating that the same is due, owing and payable, shall be sufficient and satisfactory proof of all matters contained herein including the amount and validity of such indebtedness and the fact that same is due, owing and payable shall be sufficient and satisfactory proof of and entitle The Dojo to obtain judgement by consent, provisional sentence, summary judgement or default judgement in terms of this agreement.
CONSENT TO JUDGEMENT
In the event that it becomes necessary for The Dojo to take legal action against the member, the member hereby irrevocably consents to judgement being granted against themselves in the amount as stated in the certificate of indebtedness. The member hereby consents to emoluments order being granted against the member, which emoluments order shall be for an amount equal to the monthly indebtedness of the member to The Dojo hereunder and any bank charges as a result of the above.
STRATEGIC ALLIANCES
Jion Martial Arts and Fitness Centre reserves the right to allow our approved Strategic Alliance Partners access to our database for marketing purposes.