Terms and Conditions
1.1 The Customer whose details follow the order has read and accepted all the terms and conditions as laid down in this agreement with the Basement Gym.
1.2 The Customer agrees to train at the facilities run by the Basement Gym at the Basement, Block 3, Sunninghill Office Park, Corner Peltier and Maxwell Drive, Sunninghill (“Premises”).
1.3 The Customer in doing so agrees that they are medically fit to participate and/or compete in a physical activity including Boxing.
1.4 The Customer agrees to disclose any pre-exisiting medical conditions which may affect their ability to participate in the training and/or competitions.
1.5 The Customer agree to participate in the training to be conducted at the Premises in good spirits and uphold the reputation of the Basement Gym at all times.
1.6 The Customer agrees to advise the Basement Gym immediately of any change to any of the Customer’s details as provided in this agreement and its related forms.
1.7 The Customer cannot transfer or assign their membership to anyone else.
1.8 All membership fees are payable in advance. Debit orders will be debited on the first (1st) day of each month, although it may take up to 48 (forty eight) hours for the debits to be debited from the Customer’s bank account.
1.9 the Basement Gym may close our clubs or areas therein at our discretion for reasonable periods of time to carry out
maintenance, repairs, refurbishment or cleaning.
2.1 The Customer indemnifies the Basement Gym, the owner of the Premises, its affiliates, owners, beneficiaries or others
liable for any loss, damage, injury or death occurring to the Customer or their property as well as holds the Basement Gym
harmless for consequential losses, including loss of profit and future earnings.
2.2 You agree that by entering into the training I consenting to participate in a contact sport and are therefore unable to institute any claim against fellow competitors for death, injury, and/or loss that results from the training.
3 Failure to comply with rules and regulations
3.1 The Customer shall adhere to all rules and regulations of the Sunninghill Office Park and display its access card at all times upon entry to the premises and/or related office park.
3.2 the Basement Gym and/or related office park security may refuse access to any Customer who fails to abide by security processes and procedures, which may require the Customer to submit themselves and/or their motor vehicle to a reasonable search.
3.3 In the event that the Customer fails to comply with the terms and conditions within the agreement or that may be put in place at a later stage will be subject to immediate disqualification from the training.
4.1 The Basement Gym reserve the right to take photographs of our premises for marketing purposes and you consent to your
incidental inclusion in same.
4.2 The Basement Gym shall be entitled to cede any of its rights in terms of this agreement to any third party, or related party, without the consent of the Customer
4.3 No failure by a party to enforce any provision of this agreement shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself.
4.4 No alteration or variation to, or consensual cancellation of, this agreement shall be of any force or effect unless it is recorded in writing and signed by both parties.
4.5 In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining provisions, which shall remain of full force and effect.
4.6 Any provision of this agreement which contemplates performance or observance subsequent to any termination or expiration of this agreement, shall survive any termination or expiration of this Agreement.
4.7 The Basement Gym may assign the benefit of this agreement and our rights thereunder to any third party on notice to you, provided your rights under this Agreement will not be prejudiced.
4.8 The Customer selects as their domicilium citandi et executandi for all purposes under this agreement, the physical address, fax number and/or e-mail address as specified in “My Details” which are supplied by you in the related forms of this agreement, and which may be updated by you at any time by written notice to firstname.lastname@example.org, for the purposes of serving notices in terms of this agreement.
4.9 All notices in terms of this agreement must be in writing and shall be delivered by electronic mail and shall be deemed to have been received at the time of delivery.
4.10 This agreement is governed by South African Law and you consent to the non-exclusive jurisdiction of the Johannesburg
Magistrates Court in South Africa in respect of any proceedings arising out of this Agreement that may be brought by us against you.
4.11 Your membership will commence on the Start Date and will continue for a fixed period of 6 or 12 months, from the first day of the month following your Start Date (“Commitment Period”). Towards the end of your Commitment Period we will contact you in writing to let you know that your membership is coming to end and to let you know of any material changes to your Contract, including any increases to your membership fees. Unless you tell us that you do not wish to continue as a member at the end of your Commitment Period, your membership will automatically continue on a month-to-month basis (as per the updated Terms and Conditions from time to time, which can be found on www.basementgym.co.za) at the current prevailing membership rate. Please keep proof of your request to cancel your membership. Short term membership will commence on the start date and will continue until the account holder requests a cancellation. We will need a 1 month cancellation notice period for month-to-month contracts.
4.12 You may cancel if you pay your monthly membership fees by direct debit order and you wish to cancel your membership before the expiry of your Commitment Period, then you must give us 20 business days’ written notice of termination and pay a reasonable cancellation fee (2 months) plus any arrears. If you have paid your membership fees in full upfront and you wish to cancel your membership before the expiry of your Commitment Period, then you must give us 20 business days’ written notice of termination and we will refund you the membership fees you have already paid in respect of the unexpired period of your Commitment Period less a reasonable cancellation fee (2 months).
4.13 After your Commitment Period, we may increase your membership fees from time to time. When we do this, we will give you written notice and if you do not wish to accept the increase, you may cancel your membership by giving us 20 business days’ written notice subject to a reasonable cancellation fee(2 months).
5.1 The Customer gives permission to The Basement Gym to send, from time to time, email,sms and whatsapp marketing material to them using the contacat information provided during their product purchase.