TERMS AND CONDITIONS
APPLICATION OF TERMS
These Terms and Conditions apply to all persons who attend, participate in, observe or make use of any services, facilities, Classes, events or activities offered, hosted, facilitated or arranged by the Studio, whether as a member, drop-in Client, workshop attendee, guest or otherwise.
Where a Client has entered into a Membership Agreement with the Studio, these Terms and Conditions shall apply in addition to that agreement, except to the extent that a specific provision of the Membership Agreement expressly provides otherwise.
- DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms and Conditions and, where applicable, the Membership Agreement and the Recitals, unless clearly inconsistent with or otherwise indicated by the context –
1.1.1 “Terms and Conditions” means this document, as amended from time to time.
1.1.2 “Business Day(s)” mean any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa and “Business Day” has a corresponding meaning and in the event that a day referred to in these Terms and Conditions and, where applicable, the Membership Agreement should fall on a day which is not a Business Day, then the relevant date shall be extended to the next succeeding Business Day.
1.1.3 “Client” shall mean any person to whom the Studio renders Services.
1.1.4 “Course/s” shall mean services advertised by the Studio as a course, and shall consist of a set number of Private Classes or Group Classes sold as a unit for a set number of weeks at a set time, and as better described in the Invoice.
1.1.5 “Date of Signature” means the date of acceptance of these terms and conditions by the Client.
1.1.6 “Group Classes” shall mean training given by the Instructor to the Client among a group of other clients, in any one or a combination of the following disciplines:
1.1.6.1 Aerial Hoop;
1.1.6.2 Aerial Hammock;
1.1.6.3 Aerial Pilates;
1.1.6.4 Pilates;
1.1.6.5 Pole Fitness;
1.1.6.6 Floor Stretch;
and as better described in the Invoice.
1.1.7 “Instructor/s” means Alison Ballard, or any other party appointed as such by the Studio.
1.1.8 “Invoice/s” means the invoice/s rendered by the Studio to the Client for Courses, Group Classes, Other Services, Private Classes or Workshops.
1.1.9 “Other Services” shall mean, inter alia, private functions, parties and events at which the Studio, Instructors or its employees are required to perform certain services at the Premises, and as better described in the Invoice.
1.1.10 “Parties” mean the Studio and the Client and “Party” means either of them as the context may indicate.
1.1.11 “Premises” means Unit 2 Upstairs, 69 Lynnburn Road, Lynnwood, Pretoria (“Studio`s Premises”) or any other premises at which Courses, Group Classes, Other Services, Private Classes or Workshops are rendered by the Studio, and as better described in the Invoice.
1.1.12 “Private Classes” mean private (ie “one on one”) training given by the Instructor to the Client in any one or a combination of the following disciplines:
1.1.12.1 Aerial Hoop;
1.1.12.2 Aerial Hammock;
1.1.12.3 Aerial Pilates;
1.1.12.4 Pilates;
1.1.12.5 Pole Fitness;
1.1.12.6 Floor Stretch;
1.1.12.7 Competition Training;
and as better described in the Invoice.
1.1.13 “Services” shall mean either Courses, Group Classes, Other Services, Private Classes or Workshops, as described in the Invoice.
1.1.14 “Workshop/s” shall mean specialised services advertised by the Studio as a workshop, and as better described in the Invoice.
1.1.15 Latin Expressions
1.1.15.1 “in solidum” means jointly and severally liable for the same obligation.
1.1.15.2 “ejusdem generis” means that where general words follow specific examples, the general words are limited to the same kind as the examples, unless expressly stated otherwise.
1.1.15.3 “pro non scripto” means treated as if it were not written.
1.1.15.4 “prima facie” means accepted as correct unless proven otherwise.
1.2 Interpretation
1.2.1 In these Terms and Conditions and, where applicable, the Membership Agreement, unless clearly inconsistent with or otherwise indicated by the context –
1.2.1.1 any reference to the singular includes the plural and vice versa;
1.2.1.2 any reference to natural persons includes legal persons and vice versa; and
1.2.1.3 any reference to a gender includes the other gender.
1.2.2 Where appropriate, meanings ascribed to defined words and expressions in clause 1.1 shall impose substantive obligations on the Parties.
1.2.3 The clause headings in these Terms and Conditions and, where applicable, the Membership Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
1.2.4 The use of the word “including” followed by a specific example or examples shall not be construed or interpreted as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording and/or such specific example or examples.
1.2.5 Where any term is defined in these Terms and Conditions and, where applicable, the Membership Agreement within the context of any particular clause or sub-clause, the term so defined shall, unless it appears clearly from such clause or sub-clause that such term has limited application to the relevant clause or sub-clause only, bear the meaning ascribed to it for all purposes in terms of these Terms and Conditions and, where applicable, the Membership Agreement, notwithstanding that such term has not been defined in clause 1.1.
1.2.6 these Terms and Conditions and, where applicable, the Membership Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
- FEES
2.1 Payment of Fees
2.1.1 Fees for all Services must be paid in advance using the payment methods made
available by the Studio, including but not limited to EFT, cash or card payments.
2.1.2 Where the Client has entered into a Membership Agreement, all billing cycles,
debit order arrangements and payment terms shall be governed by that
Membership Agreement. Where no Membership Agreement exists, payment
shall be made per Invoice, EFT, cash or card prior to the rendering of the
Services.
2.2 The Studio`s booking application (“App”) can be used to facilitate payment via EFT.
2.3 The Services shall only be rendered to the Client if the Invoice for the Services is paid in full.
2.4 If any fees in terms of the Invoice are outstanding, the Studio, in addition to the remedies available to it in terms of these Terms and Conditions and, where applicable, the Membership Agreement or at law, shall withhold the Services until payment is made in full. - PRIVATE AND GROUP CLASSES
3.1 Cancellations and Rescheduling
3.1.1 Bookings may be cancelled or rescheduled in accordance with the cancellation and rescheduling periods set out in this clause 3. These provisions apply to all Clients, whether or not a Membership Agreement exists.
3.2 The Client may cancel or reschedule a booked Group Class or Private Class without penalty provided that:
a) For any weekday evening Class, such cancellation or rescheduling is made at least eight (8) hours prior to the scheduled start time; and
b) For any morning or weekend Class, such cancellation or rescheduling is made at least twelve (12) hours prior to the scheduled start time and
c) Private Classes must be cancelled at least twenty- four (24) hours prior to the scheduled start time.
3.3 Upon receiving such notice, the Studio may, at its sole discretion, reschedule the Group Class to the next available date and time. Such rescheduling is subject to the condition that the Class may only be rescheduled to a date falling within the immediately following week in which the Class was initially scheduled, if no Group Class is available in the same week as was originally booked. Where the Studio is unable or elects not to reschedule such Class, the original booking shall be forfeited without refund.
3.4 The Studio shall after receiving the aforesaid notice and at its sole discretion, reschedule a Private Class to a next available date and time; subject thereto that such Class shall only be capable of being rescheduled to a date not succeeding the last day of the calendar month in which it was initially booked.
3.5 The Client shall be entitled to reschedule no more than two (2) Group Classes or Private Classes per calendar month, regardless of whether the Client attends on a Membership Agreement or on a drop-in basis. Any Class cancelled outside the permitted notice period shall be forfeited and shall count towards this monthly reschedule limit.
3.6 Drop-in Classes and Credit Expiry
3.6.1 All drop-in Classes, Class credits and once-off packages purchased without a Membership Agreement shall be valid for a maximum period of two (2) calendar months from the date of purchase.
3.6.2 Any unused drop-in Classes or credits remaining after this period shall automatically expire and shall be forfeited without refund, credit or extension.
3.7 Forfeiture of Classes
If the Client:
3.7.1 does not timeously book a Private Class or Group Class as required in terms of clause 3.1 above; or
3.7.2 misses a Private Class or Group Class without having provided the requisite notice in terms of clause 3.2 above; or
3.7.3 fails to reschedule the Private Class or Group Class as required in terms of clause 3.3 and clause 3.4 above; or
3.7.4 reaches the limit of rescheduled Private Classes or Group Classes prescribed in clause 3.5 above; or
3.7.5 arrives more than 15 minutes late for a Private Class or Group Class; or
3.7.6 is asked to leave the Premises due to their failure to comply with the Studio`s rules as stipulated in clause 6 below,
the Client shall forfeit such Private Class or Group Class and shall not be entitled to a refund of the fees paid for that Class or any form of credit entitling the Client to an additional Private Class or Group Class, whichever is applicable.
3.8 Studio Rescheduling
3.8.1 If a Private Class or Group Class is rescheduled by the Studio, the Client shall be notified by the Studio of a new date and time, within the same calendar month on which such Class shall be conducted. Such rescheduling shall be done at the sole discretion of the Studio.
3.9 No Freezes or Pauses
3.9.1 Classes, packages and memberships may not be frozen, suspended or paused unless expressly provided for in a Membership Agreement or at the sole discretion of the Studio.
- COURSES AND WORKSHOPS
4.1 A course is sold as a unit and Classes within the course are not refundable or transferable. Workshops missed are not refundable or transferable.
4.2 If the Client:
4.2.1 misses a Course (or any Class within the Course) or a Workshop
4.2.2 arrives more than 15 minutes late for a Course (or any Class within the Course) or Workshop; or
4.2.3 is asked to leave the Premises due to her failure to comply with the Studio`s rules as stipulated in clause 6 below,
the Client shall forfeit such Course (or Class within the Course) or Workshop and shall not be entitled to a refund of the fees paid therefor or any form of credit entitling the Client to another Course (or Class within the Course) or Workshop.
4.4 If a Workshop or Course (or Class within a Course) is rescheduled by the Studio, the Client shall be notified by the Studio of a new date and time on which such Workshop or Course (or Class within a Course) shall be conducted. Such rescheduling shall be done at the sole discretion of the Studio. - OTHER SERVICES
5.1 “Other Services” shall include, but not be limited to, pole parties, private events, studio hire, corporate events, performances and any Services rendered off the Studio premises. These Services are not governed by a Membership Agreement and are subject solely to the provisions of this clause 5.
5.2 Other Services shall be conducted strictly on the date and time stipulated therefor in the Invoice.
5.3 The Studio shall require payment of 50% of the amount payable in terms of the Invoice as a non-refundable deposit to confirm the Client`s booking of the Other Services (“deposit”). If the deposit is not paid, the booking shall not be confirmed and shall be forfeited.
5.4 The balance of the amount payable in terms of the Invoice must be paid at least 72 (seventy two) hours before the scheduled date of the Other Services. If the Client does not timeously make the latter payment, the booking shall be forfeited and the Studio shall be entitled to retain the deposit as damages.
5.5 If the Client cancels the booking within 72 (seventy two) hours but before 24 (twenty four) hours of the scheduled date of the Other Services, the Client shall be entitled to a refund of the balance of the invoice paid in terms of clause 5.3 and the Studio shall be entitled to retain the deposit as damages.
5.6 If the Client cancels the booking later than 24 (twenty four) hours of the scheduled date of the Other Services, the Client shall not be entitled to any refund of the monies paid in terms of the Invoice (including the deposit) and the Studio shall be entitled to retain such amounts as damages.
5.7 The deposit shall not be refundable, irrespective of when notice of cancellation is received.
5.8 Rescheduling of Other Services shall be done at the sole discretion of the Studio. - DISCLAIMER AND RULES
6.1 The Client shall at all times treat the Instructor and other clients with respect.
6.1.1 Right of admission to the Studios premises shall at all times be reserved. No unauthorized persons shall be allowed on the Studio’s premises without the Studio’s or Instructor’s consent.
6.2 The Client shall at all times use the Studios premises and equipment with due care. The Client acknowledges that she shall be liable for any damages sustained to the studio’s premises or equipment as a result of her wilful or negligent conduct, and hereby indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any damages caused as a result of her aforesaid conduct.
6.3 It is the responsibility of the Client to disclose any per-existing medical conditions to the Studio. The Client shall do so by completing the attached questionnaire marked annexure “A”. Should the Client’s medical condition change at any time, including pregnancy. the Client shall immediately inform the Studio thereof. the Studio reserves the right to demand a medial certificate from a doctor which certifies that the Client is fit to partake in any Services before it shall allow the Client to partake therein
6.4 The Client understands the nature of the Services and the risks and dangers involved in participating in the Services. The Client shall attend the Studio’s premises and participate in the Services and use the Studios equipment at her own risk. The Client (including her executor’s,administrators, assigns or anyone else who could claim the clients behalf) hereby irrevocably indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any injury (including any injury or medical condition which may be aggravated due to a per-existing medical condition), death, theft, loss or damage (including damages to premises), of whatsoever nature, sustained by the Client as a result of her attendance of the Studios premises or participation in the Services or use of the Studio equipment. The Client (including her executor/s, administrators, assigns or anyone else who could claim on the Clients behalf) abandons and waives any claim relating to the aforesaid against the studio (including it’s Instructors, staff, agents, subcontractors and representatives)
6.5 In the event of the Serveries being rendered at any premises other than the Studio’s Premises, the Client, for themselves and any person who may claim through them irrevocably indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any injury (including any injury or medical condition which may be aggravated due to a pre-existing medical condition), death, theft, loss or damage (including damages to premises), of whatsoever nature, sustained by the Client or any other person attending such other premises. The Client (including her executor/s, administrators, assigns or anyone else who could claim on the Clients behalf) abandons and waives any claim relating to the aforesaid against the Studio (including it’s Instructors, Staff, agents,subcontractors and representatives.
6.6 No alcohol or other intoxicating substances may be used at the Studio’s premises and Clients may not be intoxicated during Courses, Group Classes, Private Classes or Workshops.
6.7 No smoking is allowed at the Studios premises, save at the designated smoking areas.
6.8 The Client shall be dressed properly and decently for the particular discipline: no nudity is allowed at the Premises.
6.9 No jewellery is permitted while performing in any aerial discipline.
6.10 The Client shall follow any rules or directions conveyed to her by the Studio or the Instructors.
6.11 If the Client, or any other person attending to Services fails to adhere to any of of the above rules, the Client or other person may be asked to leave the Studio’s Premises immediately.
6.12 The Studio`s Privacy Policy is attached. The Client agrees that her personal information may be processed and used by the Studio as specified therein.
6.13 The Client hereby gives consent to the Studio to capture and use photographs or video recordings taken during Services for marketing and promotional purposes, provided that such use shall not be unduly prejudicial to the Client and shall comply with the Studio’s Privacy Policy.
6.14 Clients under the age of 16 (sixteen) years shall at all times be accompanied by a parent / guardian.
6.15 If the Client is a minor (being under the age of 18 (eighteen)), the Client may only attend the Studio and make use of the Services with the knowledge and consent of a parent or legal guardian, who shall be deemed to have accepted these Terms and Conditions on the minor’s behalf. In addition, the parent or legal guardian hereby binds himself or herself as surety in solidum for and as co-principal debtor jointly and severally with the minor Client for the due and punctual performance of all obligations arising in terms of these Terms and Conditions and, where applicable, any Membership Agreement.
6.16 The Studio shall not be liable for any loss, theft or damage to the Client’s personal property, whether on the Studio premises or at any premises where the Studio renders Services. - TERMINATION
7.1 Should either Party commit a breach of any of the provisions of these Terms and Conditions and, where applicable, the Membership Agreement, and fail to remedy such breach within 7 (seven) Business Days after receiving written notice to do so, then the aggrieved Party shall, without prejudice to such other rights available to it in terms of any other provision contained in these Terms and Conditions and, where applicable, the Membership Agreement or at law, be entitled to:
7.1.1 cancel these Terms and Conditions and, where applicable, the Membership Agreement against the defaulting Party and claim damages; or
7.1.2 claim specific performance by the defaulting Party of all its obligations in terms of these Terms and Conditions and, where applicable, the Membership Agreement.
- JURISDICTION AND LEGAL COSTS
8.1 For purposes of instituting legal action in terms of these Terms and Conditions and, where applicable, the Membership Agreement, the Parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944, as amended from time to time.
8.2 In the event of legal action being instituted by either Party due to a breach of the terms of these Terms and Conditions and, where applicable, the Membership Agreement, the defaulting Party shall be liable to pay the aggrieved Party`s legal costs on an attorney and client scale.
- DOMICILIA AND NOTICES
9.1 The Parties choose the following as their domicilia citandi et executandi for all purposes under these Terms and Conditions and, where applicable, the Membership Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature:
9.1.1 The Studio:
Unit 2 Upstairs
69 Lynnburn Road
Lynnwood, Pretoria
E-mail: info@flowstudios.co.za
Tel: 078 479 3606
9.1.2 The Client:
the physical and email address most recently provided to the Studio in writing or via the Studio’s booking system.
9.2 Any notice or communication required or permitted to be given in terms of these Terms and Conditions and, where applicable, the Membership Agreement shall be valid and effective only if in writing but it shall be competent to give notice by email.
9.3 Any Party may by notice to any other Party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that Party to another physical address in the Republic of South Africa or its email address, provided that the change shall become effective vis-à-vis that addressee on the 7th Business Day from the deemed receipt of the notice by the addressee.
9.4 Any notice to a Party:
9.4.1 sent by prepaid registered post in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the 7th Business Day after posting (unless the contrary is proved);
9.4.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
9.4.3 sent by email to its chosen email address shall be deemed to have been received on the date of despatch if on an ordinary Business Day (unless the contrary is proved) and provided that an electronic delivery receipt can be provided.
9.4.4 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall 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.
- WHOLE AGREEMENT
These Terms and Conditions and, where applicable, the Membership Agreement constitutes the sole record between the Parties as to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. These Terms and Conditions and, where applicable, the Membership Agreement supersedes and replaces all prior commitments, undertakings or representations, whether oral or written between the Parties in respect of the subject matter hereof. - VARIATION
No addition to or variation, consensual cancellation or novation of these Terms and Conditions and, where applicable, the Membership Agreement or any provisions therein contained, including the provisions of this clause, and no waiver of any right arising from these Terms and Conditions and, where applicable, the Membership Agreement or its breach or termination, shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives. - RELAXATION
No latitude, extension of time or other indulgence which may be given or allowed by any Party to any other Party in respect of the performance of any obligation hereunder or enforcement of any right arising from these Terms and Conditions and, where applicable, the Membership Agreement and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from these Terms and Conditions and, where applicable, the Membership Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof. - SEVERABILITY
The Parties acknowledge that each provision (or, where relevant, each component thereof) of these Terms and Conditions and, where applicable, the Membership Agreement is separate and severable. In the event that any of the terms of these Terms and Conditions and, where applicable, the Membership Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining provisions of these Terms and Conditions and, where applicable, the Membership Agreement and shall be treated as pro non scripto, without in any way invalidating the remaining terms of these Terms and Conditions and, where applicable, the Membership Agreement which shall remain in full force and effect.