Terms and Conditions
These terms were carried across from the previous website and have not yet been reviewed. Please have them checked before publishing.
Members induction
To minimise risk and ensure that you can correctly operate or use any of our facilities, services, products, or equipment, including the adjustments of levels or settings on any of our equipment, you are to undertake an instructional consultation with a staff member of Just Gym Zini before use. I understand that an initial introduction to the gym facilities is a requirement prior to using the gym facilities.
Members right to cancel
I may cancel my membership without penalty by delivering or mailing written notice to the gym manager/owner before midnight on the second business day after I signed this agreement. The gym will return any payments I made within 10 days of receiving my cancellation. An administration fee of 10% of the total fees paid is payable if you exercise your right to the 48-hour cooling off period. All refunds will be EFT into a nominated account — there are no cash refunds. After the member's right to cancel period noted above, I may cancel my membership with one month's notice in writing to the gym. I must pay as stated above even if I do not use the gym before providing my notice of cancellation. If collection or legal services are needed to collect the unpaid amount, I am responsible for all costs of collection, including attorneys' fees of the Gym Owner. Memberships are NOT transferable or assignable to another individual.
Month to month membership
This agreement is a legally binding obligation for which I am financially responsible. I agree that if I fail to pay when a payment is due, I must immediately pay the entire amount owing. This is an ongoing membership agreement.
Termination for cause by gym owner
The Gym Owner may, at his option, terminate my membership if I: (1) fail to make payment or if any payments or fees are late; (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason and I or my co-signer do not provide an acceptable alternative; (3) fail to follow any membership policies or gym rules or violate any part of this agreement; (4) my conduct is improper and harmful to the best interest of the Gym or its members; or (5) I fail to provide doctor's approval for exercising if so requested by the Gym manager/owner. Termination is effective on the date of a written notice to my contact number or email. I am liable for all financial obligations until that date. The Gym Owner also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law. If my membership is terminated, I will receive a termination notice and a refund on any unused prepaid membership fees.
Physical condition and medical advice
I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Gym facilities. I acknowledge that I have been informed that the Gym offers a consultation which might include a brief interview regarding my medical history. However, I understand and acknowledge that the Gym Owner will not and cannot provide me with any medical advice. If I have any health or medical conditions now or after I join the Gym, I will discuss them with my doctor before using the gym facilities.
Damaged, lost or stolen property
I am solely responsible for any damage which I may cause to the fitness business, its facilities, services, products or equipment, if such damage is caused by my wilful act and/or negligence. I understand that the Gym Owner is not responsible for any of my personal property that is damaged, lost or stolen while in or around Just Gym Zini, Kingfisher Square, Mtunzini.
Guests
I will not allow any non-member to use my membership, and I understand that if I do, my entry may be deactivated and a fee will be charged per activity. I am liable for all damage my family members or guests cause to the equipment or physical infrastructure of the Gym and will reimburse the Gym via the payment method used to pay my membership fees.
Disclosure of your physical condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner. You further warrant and represent that you will not use the fitness business or any of our facilities, services or products whilst you are suffering from any infectious or contagious illness, disease or other ailment, or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
Family membership indemnification
If 'Family' is the membership plan selected, I agree that if the other family members cancel their membership, I am liable to have an increase in membership dues to the current price for an individual membership.
Minimum age
All membership holders of Just Gym Zini must be a minimum of 14 years of age. In the case that you have to bring your child with you to the gym, please DO NOT LET THEM operate or climb on ANY of the equipment. All minors under the age of 18 must have a parent or guardian co-sign the membership agreement and acknowledgment of indemnity waiver. Minors aged between 14 and 16 must comply with the following restrictions: (1) access between 06h00 and 19h00 ONLY; (2) a member induction form is to be completed by the parent or guardian and the minor; (3) they must be accompanied by the parent or guardian.
Non-members
AT NO TIME WILL I OPEN THE DOOR(S) AND ALLOW ACCESS TO ANY MEMBER OR NON-MEMBER.
Note for review: the original document also contained an “assumption of risk of injury and waiver of claims” clause. It has been left out here because the wording as recorded (“I acknowledge there is no possible danger connected with any physical activity”) inverts the meaning the clause is intended to carry. It needs to be redrafted by the client's attorney before it goes back on the site.