Terms and Conditions

TERMS & CONDITIONS FOR BODY KINETICS MEMBERSHIP APPLICATION

I, the undersigned do hereby acknowledge, confirm and agree that:

1. The term “Body Kinetics” in so far as it refers to this agreement, shall include but not be limited to the practice of Body Kinetics and/or Karen Kruger Biokineticist, including but not limited to its managers, directors, officers, agents, employees, tenants, biokineticists, physiotherapists and any other person representing the mentioned entities in so far as it is applicable.
2. From date of entering into the agreement and as specified in this agreement, I will be entitled to utilize and have access to the facilities of Body Kinetics as determined by my membership, until this agreement is terminated and on such date of termination, subject to:

• • Full payment of all fees.
  • Provision to Body Kinetics of any additional information and/or proof of my identity or any other documentation as requested by Body Kinetics to be copied by Body Kinetics.
  • Subjecting myself to a pre-participation health screening on the basis as set out herein.

3. In the event of any condition not being met as set out above, Body Kinetics may refuse my access in their sole discretion without provision of reasons to any of the services and facilities of Body Kinetics.
4. Pre-participation health screening:

• I hereby commit myself and agree to submit myself to a pre-participation health screening as conducted by Body Kinetics on the following conditions and terms:
  • I agree and specifically provide permission to all and any tests that Body Kinetics may deem necessary in order to conduct the said health screening;
  • I confirm and undertake to, with regard to the mentioned health screening, to fully inform Body Kinetics of all and any medical conditions and/or symptoms that I am aware of that may, in any form or fashion have a bearing on the determination of my health;
• I acknowledge and agree that the health screening is a cursory and preliminary process, and not intended to be a thorough, detailed and in-depth medical evaluation conducted by medical doctors and specialists;
• With regard to my medical condition, and if so requested by Body Kinetics I shall take any steps and submit myself to any medical, other examination or evaluation in order to ascertain my medical fitness and ability and/or inability to do all and any exercises for which I subscribe myself to.

5. Payment of fees:

• I acknowledge and agree that any membership fees paid or due are NON-REFUNDABLE and NON-TRANSFERABLE.
• Body Kinetics may at any stage during the subsistence of this agreement increase the membership fees with such an amount as Body Kinetics sole and absolute discretion deems appropriate. The price increase will be available on the website and at reception.
• Upon termination of this agreement between me and Body Kinetics:
  • I shall forfeit all deposits, payments made and additional fees, as determined by the management of Body Kinetics;
  • I shall be liable for all outstanding fees due and payable in terms of this agreement.
  • One month written cancellation notice, plus a cancellation fee is applicable plus any arrears.

6. Non-payment:

• I confirm and agree that an invoice/email/ WhatsApp issued by Body Kinetics, confirming my outstanding balance to Body Kinetics shall be deemed to be a confirmation of the outstanding fees unless the contrary is proved and shall also be, for purposes of summary judgment, be considered to be a liquid document and prima facie (on face value) evidence of such outstanding fees.
• I accept and undertake to make payment of any legal costs-on attorney and client scale incurred as a result of failure of payment in handing over of such an account.
• In the event of non-payment, slow payment or any breach of agreement with regard to payment, I hereby provide my consent to Body Kinetics to provide my details and non-payment status to any applicable credit bureau.
• In the event of non-compliance to any of the rules or terms of this agreement, which causes Body Kinetics to cancel the agreement between it and the member, I shall not be entitled for a refund of any money which have been paid in advance, which money shall be considered to be for pre-determined damages.

7. Utilization of facilities:

• I hereby confirm that entering into this agreement authorizes only me, as the signatory, to utilize the services of Body Kinetics, subject to the terms and conditions as contained as well, as referred to herein.
• I confirm and undertake not to allow any other person under my control or connected to me, to utilize any of the services and facilities of Body Kinetics without the specific knowledge and permission of Body Kinetics.

8. Rules:

• Violation of the rules and regulations will cause for suspension or cancellation of membership without any refund of membership fees and without any liability by Body Kinetics.
• Notwithstanding any other stipulation as contained herein, Body Kinetics reserves the right to suspend or revoke my membership for any cause in its unlimited discretion which may take into account, but are not limited to the following circumstances:
  • I confirm that I have access to and agree to abide by the rules and regulations as promulgated from time to time, as is applicable to the Centre, by Body Kinetics and the CSIR;
  • Non-payment of any amount due and payable in terms of this agreement;
  • Not adhering to any of the terms and conditions of this agreement and any rules and regulations incorporated herein by me, my family or any of my guests;
  • If I give unauthorized access to any person(s) to the facilities of Body Kinetics, use abusive language, threaten any other person with physical violence, engage in criminal activity, be a nuisance, or disturb other members or staff of Body Kinetics.

9. Your personal information: Our Privacy Policy (which is incorporated by reference into the Contract and can be found on the website) explains the way in which we collect, use and store your personal information. If you have joined us as part of a wellness or rewards program employer’s benefit scheme we will provide the relevant wellness/rewards partner with your personal and health information. If we want to share your information with anyone else for any other reason, we will do so only with your permission. We will use your email address to send a confirmation of your membership and to keep you up to date with information, contract end reminders, news and offers. You can unsubscribe out of these communications at any time by sending us an email or written notice handed in at reception. We use facility photos and videos for promotional purposes. If you’re in the facility during this time and your image is captured, you hereby consent to us using it in our branding and marketing material.

10. Guarantee and Waiver:

1. Body Kinetics/Karen Kruger Biokineticist does not, in any way, form or fashion, guarantee any result or outcome with regard to any health screening or otherwise any exercise regimen recommended in terms of this agreement.
2. In recognition of the possible dangers connected with any physical activity and the utilization of the premises, I hereby confirm and agree that I, including my heirs, assigns and successors in title, permanently and irrevocably waive all rights regarding all and any legal action I or we may have as a result of any intended or negligent action or omission, finding or results or advice provided by or on behalf of Body Kinetics/Karen Kruger Biokineticist during and as a result of the pre-participation health – screening and/or evaluation, any recommendation of exercise and health related matters and/or the conducting and/or assisting in the conducting of any exercise and/or the utilization of any equipment and the Centre itself at the premises utilized for this purpose by Body Kinetics/Karen Kruger Biokineticist including, but not limited to, any loss, including medical costs, relating to any personal injury, accident or loss of personal property.
3. Failure of Body Kinetics/Karen Kruger Biokineticist to enforce any of the rules, regulations or conditions of membership or any of its rights under this agreement shall not in any manner constitute a waiver by Body Kinetics/Karen Kruger Biokineticist of its rights thereafter in order to insist upon compliance. I acknowledge that all of the facilities which will be used by me, is, shall or may be closely monitored by Closed Circuit Television (CCTV) to which I declare I have no objection and provides permission to the use and perusal by Body Kinetics and of the contents thereof.

1. General:

1. This agreement, inclusive with the rules and regulations of Body Kinetics, as well as the CSIR, constitutes the whole of the agreement between Body Kinetics and me.
2. No additional oral or other amendment, guarantee, stipulation, terms and conditions of this agreement shall be valid and enforceable unless such shall be reduced to writing and signed by all parties.
3. I choose the mentioned address on my application as my domicile address where all notices and pleadings in terms of this agreement may be served. In the event of any amendment of my address and any further provided members particulars, I shall notify the management of Body Kinetics thereof by written notice within a period of 90 days from date of such amendment, failing which and until which date the existing particulars and address shall be deemed to be applicable.
4. I lastly consider the terms of this agreement to be just and equitable.
5. My participation in this agreement and any rights and obligations resulting from this agreement are non-transferable.

1. 1. 1. 1.  

12. By signing this agreement, I confirm that I have completely read and fully understand the terms and conditions of the application and membership.

RULES & REGULATIONS

1. FINANCES
   • A rejoining fee will be levied to a member whose contract expired and was not renewed within a period of 3 months, unless written notice has been given prior to his/her absence. When applying for an access card, an ID Book or DRIVER’S LICENCE will be required.
   • A request to freeze your contract must be handed in /e-mailed to the gym prior to the period of absence.
   • For a 6 month contract, 1 month can be frozen (consecutive 4 week period). Your contract will be extended by the frozen period at the end of your contract term. 
   • For a 12 month contract, 3 months can be frozen (consecutive 4 week periods). Your contract will be extended by the frozen period at the end of your contract term. 
   • In both instances a R70/month must be paid prior to the period of absence.
   • No payments or contracts are transferable or refundable.
   • An administration fee of R70 is payable on all unpaid debit orders.
   • Any legal costs incurred as a result of failure of payments resulting in handing over such an account will be the responsibility of the member.
   • Introduce and accompany a friend who joins the facility and you get one month free. This is added to the end of your contract.
   • The Centre and/ or CSIR’s rules and regulations must be adhered to as promulgated to the members.  Dishonesty or violation of these rules and regulations may be the cause for suspension or cancellation of membership without any refund of membership fees and without any liability to Body Kinetics.
   • Body Kinetics reserves the right to amend these rules and regulations from time to time and you should always familiarize yourself with the rules currently in force.
   • It remains the gym member’s responsibility to renew his/her contract. No accounts will be sent out.  An e-mail will be sent to all members in advance before the end of their contract period.

2. EQUIPMENT
   • You are encouraged to report any defects or damage of the apparatus to the personnel.
   • All equipment is to be returned to their storage areas by each person using them.  Benches are to be returned to their original positions after use.
   • Always use equipment for its intended purpose.
   • Members must bring a large towel to each training session.  This towel must be placed on the apparatus during use. No person wants to train on the previous person’s perspiration.
   • Adhere to the time limits if specified on equipment, to accommodate everyone.
   • It is strongly recommended that you bring your own glass/water bottle when training in the facility. The communal use of glasses is not hygienic.  The Aqua Coolers sometimes run empty over weekends as there are no staff members on duty – please remember to bring your own filled water bottle.
   • Please do not sit and rest on the apparatus.  Members who are doing the circuit have the efficiency of their program negatively affected if they must wait their turn on the apparatus. Note the general flow of members and if you are using the apparatus for more than one minute, give them the opportunity to use the apparatus, if needed.
   • Members are not allowed to train barefoot or with casual shoes.
   • No children are allowed on the apparatus.

3. CLASSES
   • Classes are subject to the availability of instructors.
   • Class time tables and instructors are subject to change from time to time without notice.
   • When ball classes are presented, each gym member is responsible for bringing his/her own ball.
   • It is compulsory to use a large towel that completely cover the exercise mat. No towel, no class.

4. SWIMMING POOL
   • Swimming caps are compulsory at all times in the pool.
   • Decent swimwear compulsory – no G-strings, bikinis or swimming with clothes.
   • Use toilet before entering the pool.
   • Shower before entering the pool.
   • No pushing into, diving or playing in and around pool or gym area.
   • No eating or drinking in the facility or the pool area.
   • Do not drink the pool water.
   • Do not sit or play on the pool covers or the lane ropes.
   • Please dry properly before entering the gym after using the pool.
   • No children under 16 years of age are allowed without Biokineticist supervision.
   • No adult/child allowed in the pool, unless a fully paid gym member.
   • Pool temperature will be approximately 24ºC – 27ºC in winter due to external temperatures.  Availability of water classes will be decided  upon during this time.

1. GENERAL
   • The use or distribution of steroids or any illegal substances in the Centre is prohibited; failing to adhere to the rule will result in termination of  your contract without any refund of remaining membership fees.
   • Due to the nature of the Centre, ongoing cleaning and maintenance will take place.
   • Any criticism or suggestions must be given to personnel or per email; in doing so you are ensuring a better facility and service.
   • Please flush toilets and leave the bathroom neat for the next person to use. Keep the bathroom floor dry to prevent slipping.
   • Each gym member has the option to get an individual evaluation and exercise prescription; however this is at an extra cost (medical aid tariffs) not included in the gym fees.
   • Members are responsible to update their medical and personal details at reception.
   • After the initial orientation, you are left to train on your own.  Biokineticists are available in the designated supervisory hours to offer you advice. They Biokineticist pay attention to the technique used while exercising and they will correct you if you use the incorrect technique. It is your responsibility to give the Biokineticists regular feedback and let them know if you would like to change your exercise program to ensure the best results.
   • Subject to availability, small lockers are provided in the change rooms to store your personal belongings at your own risk, while you train. You must provide your own padlocks. Body Kinetics does not undertake that the use of a locker will guarantee that theft of or damage to your property will not occur and will not be held liable for any loss or theft of money or personal property of members or guests.
   • Do not leave your valuable items unattended in the change rooms or anywhere else in the Centre.
   • Lockers may only be used for the purposes of keeping toiletries and valuables. The keeping of any other items are prohibited. If Body Kinetics has reasonable grounds to suspect that a locker is being used in breach of this rule, Bodykinetics reserves the right to open the locker in question (by force if necessary) and remove any offending items.
   • Lockers are available for use only whilst you are in the Centre. If you leave your belongings in a locker overnight, Bodykinetics reserve the right to open the locker (by force if necessary) and remove your belongings. Your belongings will be available for collection for a period of fourteen (14) days; thereafter it will be donated to charity.
   • Body Kinetics personnel and members must adhere to CSIR’s security policy.
   • You must use the main entrance to the Centre when entering or leaving the Centre. Entrance at the pool is only for disabled persons and staff. 
   • Each gym member must have their own access card with a photo.
   • There is a fee for replacement of lost, stolen, or damaged access cards. If you’ve lost your card, report it immediately. A new one will be issued at the going rate.
   • You must swipe your access card to access the Centre, for security reasons. Entry without an access card will only be allowed 3 times.
   • Access cards may not be lent to non-/other members to be used.  Failing to adhere to this rule will result in your membership being terminated without any refund of membership fees.
   • Cars of members will be inspected at the security gates.
   • Smoking is prohibited in the Centre, pool area or bathrooms.
   • You may not enter the Centre under the influence of alcohol, narcotics, tranquilizers or recreational drugs.
   • If you willfully or negligently cause damage to the property, you will have to pay for the damage caused.
   • You will be held responsible for damage caused by your junior members and/ or your guests.