THE YARD FITNESS CENTRE TERMS AND CONDITIONS

Agreement, Release and Waiver of Liability

Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability.

This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical you read and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided at the bottom.

Waiver, Informed consent, and covenant not to sue

I have volunteered to participate in a class, course or program containing physical exercise under the direction of the trainers at The Yard Functional Fitness (TYF), but may not be limited to weight/or resistance training. In consideration of TYF, agreement to instruct, assist, and train me, I do here release and discharge and hereby hold harmless TYF, and their respective agents, heirs, assigns, contractors and employees from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment in The Yard Functional, and facilities or premises and my participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment while on The Yard Functional, premises.

Assumption of Risk

To my best knowledge I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/ or indirectly to TYF.
I recognise that exercise might be difficult and strenuous and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.
I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with TYF, I hereby agree that I am doing so at my own risk.

 In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.

I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

Member Access

This Agreement entitles the Member to access the Gym’s facilities (hereinafter referred to as “Facilities”) as long as the dues are paid in advance to the Gym.

 The entry time to the Gym’s facilities for Class and Personal Training Members are strictly as per the Class/Personal Training scheduling as detailed on the Octiv App.

The entry times to the Gym’s facilities for Off-peak Members are strictly as advertised.

 Alternate times may be considered by management on an individual basis, subject to certain conditions. Management reserves the right to change these times should they not fit in with the current operations of the Gym.

 Membership Fees

Monthly memberships are paid in advance monthly, by the 1st of the month.

 The fees may be paid via the following methods:

• EFT
• Cash
• Debit order

If you wish to cancel your membership, you need to provide at least 1 months’ notice and send a confirmation of your cancellation to accounts@theyardfitnesscentre.co.za.

Missed class sessions are not transferable to the following month nor are they refundable.  

 Term

The Membership shall commence on the date of signature of these Terms and Conditions (hereinafter referred to as the “Commencement Date”) and shall continue until it is terminated with at least 1 months notice by either Party in writing.

 Right to cancellation

To cancel their membership without penalty, the Member has to inform the Gym in writing within 20 days after signing this Agreement. If the Agreement is cancelled within 20 days, the Gym shall return to the Member all amounts paid minus an administration fee of R500 for the usage of the Facility during those 20 days.
 
Termination

The Member may terminate this Agreement upon 30 days prior written notice to the Gym. Upon the termination of this agreement, the Member shall immediately return to the Gym any card or material issued to the Member. 

 This Agreement may also be immediately terminated in the event there is a breach of the terms of this Agreement by either party. This Agreement shall also terminate upon the death of the Member, or because of significant physical or medical disability for a period in excess of 2 months.

 If the Member has prepaid the membership fees for a specific number of months, the Gym shall refund any remaining balance to the Member, after deducting the outstanding amount owed by the Member, within 30 days after the date of termination.

Lost goods
The Gym takes no responsibility for lost or stolen goods. Do not leave your belongings unattended at our facility at any time.

Damages
The Member shall pay for any damages it incurs to the equipment or premises of the Gym, which results from the poor conduct of the Member or its guests.

Parking
Vehicles are parked at the Gym’s premises at the Members’ risk.

Childcare
We do not offer childcare facilities. A Member needs to obtain prior consent with management before bringing children to the premises. All children are to be supervised by the Member and the Gym will not be held responsible for any injuries caused to the child whilst on the Gym’s premises.

Classes and Membership Packages

 Classes need to be pre-booked on our Octiv app. Class timetables and instructors may change from time to time without notice too. Please check the Octiv app for the latest schedule.

 Rules and responsibilities

The Member shall abide by all the safety guidelines and regulations as set forth by the Gym while using the facilities or equipment of the service. 

·        The Member agrees that the Member shall abide by the Gym’s dress code at all times while in the facility.

·        Consumption of drugs, alcohol, tobacco, or similar addictive substances must be strictly prohibited at the fitness facility provided by the Gym.

·        Breaking into fights that involve physical injury shall not be permitted at any cost and must result in either suspension or termination of membership.

·        Members must respect each other in all circumstances and should take care of the instruments or equipment after every use. 

·        The Members shall wipe down all equipment after each use and re-rack the weights used.

·        Persons under the age of 18 are not permitted in the fitness area unless otherwise agreed upon.

Arbitration

In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by Arbitration. There shall be 1 Arbitrator which shall be appointed by The Yard Functional. The venue of Arbitration shall be 33 Fischer Park, 10 Blessing Ninela Road, Hillcrest. The Arbitrators’ decision shall be final and will be binding on both the Parties.

Intellectual Property and Media

The TYF and its original content will remain the exclusive property of the TYF.

All photographic and video captures taken by TYF may be used on TYF media platforms without compensation, credit or other consideration unless expressly prohibited by the member.

Changes
We may change the T’s and C’s occasionally by updating our website, www.theyardfitnesscentre.co.za. It may not always be possible to notify all customers of changes to the T’s and C’s at all times, so please look out for any changes that may be implemented from time-to-time.

MISCELLANEOUS
Indemnification: The Member must indemnify the Gym harmless of any and all claims, loss, injury, or damages without limitation, as the membership shall be serving as a liability release for the Member.

• Binding: This Agreement shall be considered binding upon the Member and the Gym. Any and all legal proceedings in lieu of the Agreement shall be resolved by the jurisdiction laws of the country.
• Notices: Any and all notices, apart from cancellation notice, can be made to the Parties through a certified mailing address as mentioned in the Agreement. Any additional address shall be notified to the Parties in writing and in person.
• Entirety: This Agreement and other annexures, therefore, constitute the entire agreement between the Parties with respect to the matter of subject hereof and thus, supersedes all prior agreements, purchases, understandings, and negotiations, written or phonated, between the Parties.