Terms & Conditions
These Terms and Conditions shall apply to the use of the facilities and services by members and other users thereof provided by Farmhouse Fitness PTY (LTD); a company registered in South Africa, hereinafter called ”Farmhouse Fitness” or “FHF”. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Gym” means Farmhouse Fitness and reference to the Gym shall include reference to any and all facilities and services provided thereby and all staff thereof; “Members” means members of the Gym; “Membership” means a membership of the Gym; “Membership Fees” means the fee(s) due for Membership; and “Membership Plan” means a grade of Membership as determined by the Gym. When signing up at Farmhouse Fitness you confirm that you have the authority to accept and do accept the terms and conditions set out below. If, at the time of signing up, you are aged under 18 these terms and conditions must be accepted by your legal guardian. It is very important that you read these terms and conditions in full prior to joining as you will be bound by them. The terms and conditions below are written in English. If you cannot fully understand English, please seek the advice of someone who can assist you in explaining the contents of this document. All matters, or disputes arising out of this contract shall be governed by and construed in accordance with the laws of South Africa and are subject to the jurisdiction of South African courts.
The following terms and conditions:
- should be accepted only if they have been read through carefully and understood completely
- have been written to protect both you and Farmhouse Fitness in the event of all kinds of different circumstances
- apply to all bookings made through www.farmhouse-fitness.com
- apply to all bookings made through any connected partner
1. Membership
1.1 In order to use the Gym an active Membership is required unless paying the drop in fee of R150 or agreed Personal Training sessions. The membership shall be in accordance with a Package provided by FHF. A Member’s use of the Gym must always be in accordance with their Membership Package.
1.2 Membership Packages may be upgraded at any time and Membership Fees due and the contacted term (if applicable) shall be adjusted accordingly. Please note upgrading a 1 or 3 month contract to a 3 or 6 month contract will restart the contracted term and it will begin afresh from month 1.
1.3 Membership Packages may not be downgraded during the contracted period.
1.4 Membership Packages clearly stating they are a contract commit the Member to pay monthly for the full commitment period (3 month contract = 3 months of monthly payments, 6 months contract = 6 months monthly payments). Contracted Membership Packages cannot be terminated until the period is completed, they may however be suspended for reasons set out in 1.5 below. Membership Packages without contract may be terminated at the close of any payment period.
1.5 A Membership may be suspended in the event of redundancy, long-term illness or injury (which completely prohibits training). Members wishing to suspend their Membership should inform the Gym of the same no later than 2 weeks prior to start of the month in which they wish the suspension to take effect (for the purposes of this sub-clause 1.5, “month” refers to a membership billing period and not necessarily a calendar month).
1.6 The Gym will require a medical certificate / doctor’s note as proof of illness or other incapacity for suspension under sub-clause 1.5. In the case of suspension due to redundancy under sub-clause 1.5, a copy of the formal notice of redundancy will be required.
1.7 Membership may be suspended for reasons not covered by sub-clause 1.5 at the discretion of Farmhouse Fitness. Non-medical suspension may be for a minimum period of 1 month up to a maximum period of 3 months. During such suspension, no charge will be payable but full payments will resume at the end of the agreed suspension or after 3 months.
1.8 Periods of suspension under sub-clauses 1.5 and 1.7 shall not form part of the term of the Membership. For example, a Member with 5 months left of their Membership taking a 2 month suspension will still have 5 months remaining following the end of the suspension.
1.9 A Membership cannot be transferred to another person.
1.10 Members shall book in for Classes and understand that spots on each Class are capped for safety and equipment reasons. If Classes regularly gets full, the Gym will make every effort to increase class opportunities, equipment and staffing levels, within space and safety limitations, to increase availability. Missing out on a spot in a Class gives the Member no right to a refund, change or cancellation of their Membership.
2. Membership Fees and Payments
2.1 Membership Fees and Personal Training session Fees shall be paid in full prior to the agreed membership period starts. Membership Fees are payable latest on the last day of the month before the membership period, for example; membership for February shall be paid latest on the last day of January, membership for March shall be paid latest on the last day of February, and so on. Invoices are sent out on the 20th of each month for the following month. When a member signs up an automated prorate amount is automatically calculated based on chosen package and amount of days extra to be billed for. Drop in fees are charged on each visit for non members.
2.2 Membership Fees may be paid using the following methods:
Cash, EFT
2.3 Membership Fees shall be payable throughout the Membership package irrespective of the Member’s use of the Gym.
2.4 Failure to make timely payment of Membership Fees may result in a late payment charge of R100. In the event that Membership Fees remain unpaid the Gym may refer the matter to a third party debt collection company.
2.5 Members may be denied access to the Gym whilst any Membership Fees or other sums due remain outstanding.
3. Gym Rules
3.1 All Members shall abide by the Membership Rules at all times when using the Gym. Failure to do so may result in the suspension or termination of Membership.
3.2 Members are responsible for their own state of health, physical condition and wellbeing at all times.
3.3 Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the same in any manner which constitutes a health and safety risk either to themselves or to others.
3.4 Members should not attempt to use any equipment or facilities until they have been instructed in the correct use of the same by a suitably qualified instructor.
3.5 If a Member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym of the same and act in accordance with any instructions provided as a result.
3.6 Members should not use the Gym when under the influence of alcohol or illegal drugs. Nor should the members use the Gym immediately following a heavy meal.
3.7 Members should dress appropriately when using the Gym. Outdoor shoes and clothing and/or dirty shoes and clothing should not be worn and should be stored in the shelving system. Bare feet is prohibited.
3.8 No Member’s animals are allowed in the Gym with the exception of guide dogs or if arranged with owners. If a Member requires the use of a guide dog, the Member should inform the Gym of the same when applying for Membership.
3.9 No smoking is permitted inside the Gym or anywhere else on the Gym’s property (including outside areas) or anywhere within 100 metres of the Gym.
3.10 Should complaints about your behaviour from staff or clients be received, Farmhouse Fitness will start an investigation and will provide you with a written warning. Failure to adhere to warnings given will result in termination of your membership without any liability on Farmhouse Fitness part.
4. Equipment and Facilities
4.1 All equipment is inspected and tested on a weekly basis. Maintenance is carried out as required.
4.2 If a Member becomes aware of any damaged or defective equipment they should immediately cease using such equipment and inform a member of staff.
4.3 Equipment may be withdrawn at any time and for any reason including, but not limited to, maintenance, repair and alteration.
4.4 Classes have limited spots available and should therefore be booked in advance.
4.5 Equipment and facilities are available on a first-come-first-served basis. Classes always have right of space and equipment during set out class hours. PT sessions have right of space and equipment.
5. Car Parking Facilities
5.1 Car parking facilities can be found outside the gates of Farmhouse Fitness and may only be used by Members when they are using the Gym.
5.2 The Gym accepts no liability for any loss or damage which may result from a Member’s use of the car parking facilities. All such use is at Members’ own risk.
6. Classes, PT:s & Bookings
6.1 No priority is given and places are allocated on a first-book-first-served basis for all classes, workshops and similar events provided by the Gym.
6.2 Classes are bookable 6 days and 23 hours in advance. A class is bookable up until 30 minutes before start and can be cancel latest 1 hour before start. A PT session is bookable up until 12 hours before start and should be canceled minimum 12 hours before start. Failing to cancel a class or a PT session in time will still be considered a used booking and will be deducted from your package.
6.3 If a class requires the payment of an additional fee over and above the Membership Fee, this will be communicated by the Gym well in advance and must be paid prior to the above mentioned in 6.1 commencing.
6.4 If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements. Members who fail to comply with such requirements may not be permitted to participate in the class.
6.5 Members attending a class must arrive at least 10 minutes before the scheduled time of the class.
6.6 If a class involves a warm-up session, Members arriving after the warm-up session has begun will have to do their own personal warm up or not be permitted to participate in the class for health and safety reasons.
7. Photographs and Images
7.1 Farmhouse Fitness, from time to time, may take photographs of classes & open gym sessions.
7.2 Any member not wishing to have their image captured should state in writing that this is the case to info@farmhouse-fitness.com
7.3 Photographs of members & people visiting the gym may be used for advertising purposes, joining in and accepting these conditions is giving consent for the use of your image
8. Limitation of liability
To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.
9. General
9.1 The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
9.2 The Gym may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Members as soon as is reasonably possible of any such changes.
9.3 Physical strenuous activities can be dangerous when performed with too high intensity or level. You undertake training entirely at your own risk. If you are injured through your own physical exertion you are liable for any medical costs or costs associated with assistance afforded by Farmhouse Fitness. Should you be involved in an accident, injury or death through no fault of Farmhouse Fitness, you are responsible for any medical costs, or costs associated with assistance afforded by Farmhouse Fitness.
10. Data Protection
The Gym will not share Members personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations.
11. No Waiver
No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
13. Law and Jurisdiction
13.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of South Africa.
13.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of South Africa.