TERMS & CONDITIONS
- Gym Manco SA PTY LTD t/a Moove Motion Fitness Club reserves the right to amend these terms and conditions from time to time and members, guests and/ or occupants of the club should always familiarise themselves with the terms and conditions currently in force. Current T&C’s may be found on Gym Manco SA PTY LTD t/a Moove Motion Fitness Club website www.moovemfc.co.za
- In order to join Gym Manco SA PTY LTD t/a Moove Motion Fitness Club the member must ensure that he/she is medically fit to proceed with the normal routine of exercise and acknowledge that Gym Manco SA PTY LTD t/a Moove Motion Fitness Club will not be held responsible for any injury or loss suffered by you, whether through omissions on the part of Gym Manco SA PTY LTD t/a Moove Motion Fitness Club and its employees, excluding gross negligence or intent. In the event of you being a minor, the legal guardian assisting you herein, consents that you are bound by the terms of the agreement, and indemnifies the Gym Manco SA PTY LTD t/a Moove Motion Fitness Club and its employees to the extent, that you are not capable of waiving your rights. You are also required to completed the Gym Manco SA PTY LTD t/a Moove Motion Fitness Club PAQR form in the agreement and confirm that you understand that you are using the facilities of the club at your own risk.
- Cancellation of a membership will be of any force and effect unless reduced to writing and signed by all parties.
- You are required to carefully read the membership agreement before putting pen to paper. You will be required to acknowledge that you have read the entire agreement, inclusive of the further terms and conditions and the rules and regulations contained in the agreement which may be found on the company’s website www.moovemfc.co.za
- You are required to warrant that you are duly authorised to enter into the agreement and request, instruct and authorise Gym Manco SA PTY LTD t/a Moove Motion Fitness Club to draw against your bank account (or any other bank or branch to which I may transfer my account) with the membership fees as contemplated in terms of the agreement.
- The initial period is the minimum duration of the membership, between the Start Date and the End Date, it being agreed that the membership will continue on a month to month basis after the initial period expires, unless specifically stated or cancelled writing.
- Cancellation of the agreement requires twenty (20) business days’ notice given in writing.
- If the agreement is cancelled prior to the end of the initial period, then a reasonable cancellation fee, as contemplated in the Consumer Protection Act 68 of 2009 (‘CPA”), will be levied on the remaining months of the initial period calculated at a rate of fifty percent (50%) of the initial monthly membership fee multiplied by the number of outstanding months due in terms of the agreement. You will forfeit all joining fees paid. You will remain liable for all and any arrear membership fees.
When does your membership start and finish? Debit Order Contract:
- In the case of payment by means of monthly debit order, the agreement will come into operation on the Start Date and will continue for the minimum duration of the initial period, as indicated in the agreement. After the initial period expires, your membership will continue on a month to month basis until terminated by you on twenty (20) business days’ written notice.
- In the case of payment by means of cash up front, this agreement will come into operation on the Start Date and will continue for a fixed period as indicated on the agreement. You will have the opportunity to renew the agreement on or before the expiry of the fixed period contracted for.
What do you need to know if I want to cancel your membership agreement?
- You may cancel the agreement within five (5) business days from the date of signature at no obligation and all fees paid will be refunded. (The cooling off period) Cancellation after the Cooling off Period requires thirty (30) business days’ written notice.
- A reasonable cancellation fee of fifty percent (50%) of the value of the remaining months of the initial period will be payable before such a cancellation will be effective. You will forfeit all joining fees on cancellation. In the case of cash memberships, you will receive a refund of any credit after the fifty percent (50%) cancellation fee has been deducted.
- Membership fees will be payable in advance.
- Gym Manco SA PTY LTD t/a Moove Motion Fitness Club reserves the right to review and implement changes to the membership fees due in terms of this agreement, such changes being implemented on or before 31 January of each year:
- Notice of membership fee changes will be sent to you no later than thirty (30) calendar days prior to the effective date of a membership fee change.
- Membership fee changes will be at the sole discretion of the company but such increase in membership fees will not exceed 30% (thirty) percent of the membership fee for the preceding year.
- In the event that you fail to pay any instalment on due date, and should you remain in breach of your obligation despite a notice from the Company advising me to remedy your breach, the Company reserves the right to terminate the agreement, and claim from you 50 % (fifty percent) of the outstanding membership fees in terms of the agreement, inclusive of interest and collection fees, which amount you accept by your signature hereto to be reasonable estimate of damages suffered by the Company as a result of your breach.
- All notices and processes may be validly delivered or served upon you at your residential and/or email address and/or SMS to your mobile telephone number, as set out in the Agreement, which addresses you hereby choose as domicillum citandi et executandi.
- Gym Manco SA PTY LTD t/a Moove Motion Fitness Club reserves the right to cancel the agreement if you breach any of the terms and conditions of the agreement, which breach is including the breach of Gym Manco SA PTY LTD t/a Moove Motion Fitness Club rules and regulations in force from time to time.
- Gym Manco SA PTY LTD t/a Moove Motion Fitness Club reserves the right to close the club on one calendar months’ written notice, in which event you agree that your membership will then have been terminated, and you will have no right to claim any damages whatsoever against Gym Manco SA PTY LTD t/a Moove Motion Fitness Club save for a refund of a pro rata amount of pre-paid membership fees paid by yourself, if any.
- In the event of one or more of these terms, conditions, rules or regulations being unenforceable same will be deemed to be severable from the remainder of the agreement
- Membership of the club is personal to you, and you may not transfer or assign it to any other person unless such cession, transfer or assignment is reduced to writing and signed by all parties.
- If you allow your membership to be used by a non-member, you may be expelled summarily from the club and will be deemed to have committed a material breach of the agreement entitling Gym Manco SA PTY LTD t/a Moove Motion Fitness Club to cancel the agreement and to claim as damages the amount outstanding due to you by me in terms of the agreement.
- Expulsion/Suspension: Any member may be expelled/ suspended by Gym Manco SA PTY LTD t/a Moove Motion Fitness Club for violation of any rule or regulation of Gym Manco SA PTY LTD t/a Moove Motion Fitness Club or for any conduct which in the sole and absolute opinion of Gym Manco SA PTY LTD t/a Moove Motion Fitness Club’s management is detrimental to the welfare, good order or character of the Company and the club’s members. A member expelled/ suspended will forfeit all privileges of membership.
- You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program. You hereby record that you understand that there is a risk of injury associated with participating and using Gym Manco SA PTY LTD t/a Moove Motion Fitness Club’s gymnasium.
- You will be required to hereby assume full responsibility for any and all injuries, losses and damages that you may incur while attending, exercising or participating in Gym Manco SA PTY LTD t/a Moove Motion Fitness Club gymnasium.
- You will be required to hereby waive all claims against Gym Manco SA PTY LTD t/a Moove Motion Fitness Club, its instructors, or partners of individually or otherwise, for any and all injuries, claims or damages that I might incur.
- You will be required to hereby indemnify Gym Manco SA PTY LTD t/a Moove Motion Fitness Club against any damage or loss that Gym Manco SA PTY LTD t/a Moove Motion Fitness Club may suffer as a result of my attending, exercising or participating in Gym Manco SA PTY LTD t/a Moove Motion Fitness Club gymnasium and undertakes to remain personally liable for payment of any such damage and/or loss suffered by Gym Manco SA PTY LTD t/a Moove Motion Fitness Club.
- You will use the facilities at your own risk.
- Gym Manco SA PTY LTD t/a Moove Motion Fitness Club, its directors, shareholders, employees, agents, officers, representatives or contractors will not be held responsible or liable for any claim or damage arising or suffered either directly or indirectly in any manner whatsoever to any person who accesses the premises and or uses the facilities on the premises, whether it be for personal injury or death or any harm caused to them or for damage, loss or destruction of property arising from negligence or any other cause howsoever. The aforegoing will not limit or exempt any loss attributable to gross negligence or intent. The terms of this notice are severable. Should any legislation restrict or prohibit the effect of this notice, such restrictions or prohibition will not invalidate the balance of this notice
- You should consult your doctor to clarify that it is safe for to become physically active at this current time and in your current state of health.
- Remember to always consult you your doctor before you significantly change your physical activity patterns or diet. If you are feeling faint or short of breath immediately stop all physical activity.
- You will be required to fill out a PAQR and voluntarily agree to engaging in an acceptable level of exercise, and I am aware that my participation may involve risk of injury.
CONSENT IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT NO. 4 OF 2013 (POPI)
- You will be required to grant to Gym Manco SA PTY LTD t/a Moove Motion Fitness Club, its representatives and employees the right to take photographs of you and your property.
- You will be required to authorize Gym Manco SA PTY LTD t/a Moove Motion Fitness Club, its assigns and transferees to copyright, use and publish the same in print and/or electronically to the extent specifically provided by the provisions of the POPI Act.
- You will be required to agree that Gym Manco SA PTY LTD t/a Moove Motion Fitness Club may use such photographs of yourself with or without your name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content including all social media platforms and to the extent specifically provided by the provisions of the POPI Act.
- You will be required waive any rights, claims or interest you may have to control the use of your identity or likeness in the photographs and agrees that any uses described herein may be made without compensation or additional consideration to you. You furthermore grant Gym Manco SA PTY LTD t/a Moove Motion Fitness Club, its representatives and employees to use all contact information gathered such as email addresses and telephone numbers for the purposes of marketing which will not constitute a breach of the provisions of the POPI Act
DOMICILIUM CITANDI ET EXECUTANDI
- Any notice or communication required or permitted to be given in terms of the agreement will be valid and effective only if given in writing, accompanied by proof of registered postage and/or service in the case of a physical address; and/or successful service and/or transmission to the recipient in the case of email or short message service to a mobile telephone number.
- Either party will be entitled, by notice to the other, to change the physical address, and/or email and/or mobile telephone number chosen as its domicilium citandi et executandi to any other address in the Republic of South Africa, or its email address or mobile telephone number, provided that the changes will only become effective upon receipt of the notice by the addressee.
- Any notice to a party which is sent by pre-paid registered post in a correctly addressed envelope to it at its domicilium citandi et executandi will be deemed to have been received on the tenth day after posting (unless the contrary is proved):
- Any notice to a party which is delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi will be deemed to have been received on the day of delivery.
- Any notice to a party which is transmitted by e-mail to its chosen e-mail address, or short message service sent to the designated mobile telephone number, will be deemed to have been received on the date of dispatch (unless the contrary is proved); and
- Any notice to a party which is notwithstanding anything to the contrary, a written notice or communication actually received by a party will be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
- The parties consent in terms of Section 45 of Act 32 of 1944 or any amendment thereof to either of them taking legal proceedings for enforcing any of their respective rights under the agreement or otherwise, if such party so elects, in the Magistrate’s Court having jurisdiction in respect of the other party by virtue of Section 28(1) of the aforesaid Act
Membership rules and regulations
Moove Rules and regulations
The Gym Manco SA PTY LTD t/a Moove Motion Fitness Club reserves the right to amend the rules and regulations from time to time and members, guests and/ or occupants of the club should always familiarise themselves with the rules and regulations currently in force which may be found on Gym Manco SA PTY LTD t/a Moove Motion Fitness Club webpage www.moovemfc.co.za
Before you hit the weights
- It is strongly recommended that you consult with your physician before beginning any exercise program
- Before you begin exercising, please ensure that you have booked a free Assessment and completed our Induction Program – it is your responsibility to book your Assessment and Induction at Reception
- To avoid injury, start with a warm up and stretches before you exercise
- Carry a sweat towel and drink lots of liquids while exercising.
- If you experience acute pain, dizziness, a sudden headache or chest pain, stop exercising immediately and inform a staff member.
- Listen to your body
- Staying in shape during your pregnancy can reduce complications and speed recovery. Before you begin this or any exercise program, it is recommended that you consult your physician
- If the status of your health changes, please consult your physician regarding continuation of your exercise program
In the Club
- Please adhere to the Club’s trading hours and rules and regulations at all times
- Regret – no pets allowed
- No weapons are allowed in the Club
- Cigarettes, alcohol, drugs, steroids or any other illegal substances are not allowed to be consumed or brought into the Club. Breaking this rule will lead to immediate cancellation of your Membership
- You may not take any photographs or videos in the Club
- You may not sell and/or market any product or service to other Members whilst in our Clubs
- You consent to us using your image, if taken during photo shoots of Club facilities for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and web content including all social media platforms and to the extent specifically provided by the provisions of the POPI Act
- You may not use Moove Motion Fitness Clubs name or logo for promotional, marketing, advertising or any other activity
- Always use your finger print scan to enter the Club
- For your safety and ours, do not allow anyone else to enter the Club using your finger print scan or open the door for other trainees to enter
- You may not enter the Club or use the facilities while under the influence of alcohol, illegal and/or performance-enhancing drugs or supplements (including steroids)
- You may not use foul, loud, offensive or abusive language (and/or including, without limitation, discriminatory language based on an individual’s race, ethnic or social origin, colour, gender, sexual orientation, age, religion or disability)
- You may not commit any acts of intimidation or threats, or use menacing behaviour towards other Members, guests, visitors, tenants or members of staff
- You may not verbally, physically or sexually abuse, threaten or harass, or use violent behaviour towards other Members, guests, visitors, tenants or members of staff
- You may not commit any unhygienic or immoral act or acts which may cause offence, distaste, revulsion or abhorrence to other Members, guests, visitors, tenants or Members of staff.
- You are liable for any damages caused by yourself, your dependants and/or your guests whilst in the Club.
- Only one individual is permitted to be in a shower cubicle at any one time
- Suitable and appropriate exercise clothing must be worn at all times while exercising in the Club.
- T-shirts/vests and closed footwear/sports shoes must be worn at all times (except in the wet areas)
- All vehicles are parked and driven in the Club’s premises at your own risk.
- We do not accept responsibility for any loss, theft and/or damage to vehicles and/or valuables left in vehicles or any other mode of transport of Members and/or their guests whilst on Club premises or in any parking area designated for use by Members and/or their guests
Locker and personal belongings
- Subject to availability, lockers are provided in the changerooms to store your gear while you train, and smaller lockers are provided for your valuables (such as your wallet, keys, sunglasses, cell phone, etc)
- You will need to provide two good quality padlocks (one for your valuables locker and one for your locker in the changerooms)
- Please note that while we cannot guarantee that the use of a locker or valuables locker will ensure that theft of or damage to your property will not occur, placing all your belongings in a locked locker limits potential loss or theft
- Please be considerate and keep the benches clear for other Members requiring access to bench space in the changerooms
- We do not accept responsibility for any loss or theft of money or loss or damage to personal property of Members or their guests, whether locked in a locker or otherwise, so please check that your personal insurance policy covers you for loss of personal effects
- Do not leave your belongings unattended in the changerooms or anywhere else in the Club at any time and report any lost item to a member of staff immediately
- Lockers may only be used for storing gym kits, toiletries and the clothing that you were wearing when you entered the Club. If we have reasonable grounds for thinking that a locker is being used for the storage of other items, we reserve the right to open the locker and remove any offending items
- Lockers are available for use only while you are in the Club. Any belongings left in a locker overnight will be removed and placed in lost property
- Any belongings so removed or left unattended will be disposed of at end of the business day
Equipment and the training floor
- Please use the equipment for its intended purpose and follow the instructions provided
- Do not use damaged equipment
- Never exceed the equipment’s max weight load
- Replace weights and equipment after use
- While completing a circuit, be a good sport – move with the timer and use the equipment in the correct numerical order
- Please observe the time limits if specified on equipment
- No food, drinks or bags are allowed on the training floor, except for plastic water bottles, sports drinks and shakes
- Please use a sweat towel at all times and use the disinfectant spray and paper towels available to wipe equipment after use
- Some classes may need to be pre-booked or may have maximum head-counts
- Class timetables and instructors may change from time to time without prior notice. Please check the Club notice boards for all the latest details
- Please arrive at least 5 minutes prior to the start of the class
- Junior Members under the age of 15 years may not participate in any adult group exercise
- For your own protection; wear protective gear, hand wraps and gloves when participating in contact sports
- PLEASE BE AWARE: The Club does not provide lifeguard supervision in the swimming pool area
- Junior Members under the age of 15 years must be accompanied and supervised by their parent(s)/legal guardian(s), who must be present either in the pool or on the pool deck and actively supervising their child/children at all times.
- Should a Junior Member under the age of 15 be participating in a swimming lesson/squad training under the instruction of a swim coach, the parent(s)/legal guardian(s) remains accountable for the safety and behaviour of their child/children throughout the duration of the swimming lesson/squad training (we do not expect the parent to remain and supervise during the lesson, but must remain at the pool up until the start of the lesson and until the child is under the guidance of the instructor) Members must return to the poolside promptly once the swimming lesson has finished
- Proper bathing suits, swimming caps and goggles must be worn while swimming
- No diving, “cannon balls” or excessive splashing is permitted
- We do not permit or endorse any form of intermittent hypoxic training (IHT)
- You may not use the pool if you have a communicable disease.
- Please do not use balls, floats or inflatables other than those provided by the Club
- Babies and toddlers must wear aqua nappies or specifically designed baby swim trunks
- Babies, toddlers and children who cannot swim must wear flotation devices
- Swimming pool lanes may be reserved from time to time for swim schools
- It is advised not to use the sauna if you are elderly, pregnant or suffer from heart disease, diabetes, high blood pressure or any other serious medical condition
- Junior Members under the age of 15 years may not use the sauna
- Shower before entering the sauna
- Sit on a towel when using the sauna
- Do not bring any electronic equipment into these areas
- Maximum time limit of 15min is allowed in the sauna
- Do not use oils, creams or cosmetic products.
- No item other than a towel and swimming attire are allowed in the sauna
- Do not pour any oils, liquids or water over the hot rock
- Only authorised Moove Motion Fitness Club Personal Trainers are permitted to provide personal training in our Clubs. Personal training by another Member is not allowed whether it’s for payment or not
- Should we find someone providing unauthorised personal training, the Club Manager will conduct a full investigation which could result in you and the trainer being expelled or suspended
- Exercise due caution when using the facility
- Please report all injuries/incidents and/or any hazards that you may notice to a staff member
Under the age of 15
- No children under the age of 15 are allowed on the gym floor
- Children over the ages of 8 years may use the internet facilities provided within the Club
Moove Kids Club
- Access to Moove kids Club is restricted to:
- Children who have an Active Kids Club Membership
- Children over the age of 4 years of age and under the age of 15
- Each Minor is allowed a maximum of 1 hour (60 min) in the Nursery
- Only the parent/guardian that signed in the Minor may take the child for a “bathroom break” in order for the Minor to make use of the toilet facility
- Moove employees may not take the Minor for a “bathroom break”
- No food or drinks are allowed in the Nursery
- No toys are allowed to be brought into or removed from the Nursery
- Parents will be asked to collect misbehaved children from the Nursery. The Club reserves the right to refuse admission to children that continually misbehave.
- The Club reserves the right of admission of minor children into the Nursery
Access to Moove Kids Club will not be given to:
- Children who are not toilet trained
- Children who are ill.
- Please be advised that the Club does not have the facilities necessary to give care to children with special needs.
Drop off and collection rules
- Each parent/guardian must fill out the attendance register and the sign out register when the Minor is collected.
- Each Minor and parent/guardian must wear an identity tag which will only be removed when the Minor is checked out of the Nursery.
- Only the parent/guardian that signed in the Minor may collect and sign out the Minor.
Please abide by the rules and regulations as laid out above.
Should you be found to be in contravention of any of the above rules and regulations, this could lead to immediate cancellation or suspension of your Membership.