These are our commercial terms and conditions. It’s the stuff that protects us and you. The most important principle is that we care deeply that you succeed with us. If you don’t, and its either yours, ours or some combination of the two’s fault, we should part ways and you should get some of your money back.
All clauses in this Agreement displayed in BOLD are provisions which limit the risk or liability of Johno's Fitness and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Johno's Fitness or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to this Agreement.
INTERPRETATION AND DEFINITIONS
"Agreement" means these terms in this legally binding agreement that regulate your use of the Program and our relationship with you;
"Client" and "you" means the person making use of the Program;
"Johno's Fitness" and "us" and "we" means Johno's Fitness Proprietary Limited (Registration No. 2019/097519/07) a private company incorporated in terms of the laws of South Africa, with its registered address at 15 Nahoon Avenue, Constantia, Cape Town, Western Cape, 7806;
"Personal Information" means all information about a Client that can be used to identify the Client;
"Program(s)" means the customised 14 (fourteen) week program provided to Clients as further described in clause 5; and
"Website" means https://www.fitnessfaculty.club.
WHEN DOES THIS AGREEMENT APPLY?
This Agreement will apply to your use of the Program and you are required to accept this Agreement when you purchase the Program.
To make use of our Programs you must agree to this Agreement. We reserve the right to refuse any request for our Programs without notice or reason.
This Agreement constitutes the whole agreement between Johno's Fitness and the Client.
USE OF PERSONAL INFORMATION
Johno's Fitness is committed to taking steps to protect your privacy and Personal Information when you enter into this Agreement and use the Program. We implement business practices and security measures that comply with relevant legislation, including the Protection of Personal Information Act, 4 of 2013 ("POPI").
In order to perform in terms of this Agreement, we may share your Personal Information and other necessary information provided by you to us with the personal trainer assigned to you and other trusted service providers. As a result, your Personal Information may be transferred to a foreign country. When sharing or transferring your Personal Information, we only do so in terms of written agreements with third parties which require them to comply with POPI and other applicable data protection legislation.
We will only use your Personal Information for purposes of performing in terms of this Agreement, where you consent to it or as allowed and required by applicable laws, and only for as long as necessary.
If you believe we are using your Personal Information unlawfully, or would like to access, update or delete your Personal Information, please contact us at email@example.com. If you are not satisfied with our response, you may lodge a complaint with the Information Regulator whose details can be found at http://www.justice.gov.za/inforeg/contact.html.
DURATION OF THIS AGREEMENT
This Agreement applies for as long as you use our Programs and the period until any disputes arising from this Agreement have been settled.
We offer various Programs which are primarily focused on physical fitness.
All Programs include:
an exercise plan, distributed weekly in advance via email for the duration of the Program;
a 14 (fourteen) week eating plan, distributed at the start of the Program via email; and
a personal trainer assigned to you at the start of the Program with whom you will be in regular communication about the Program and your progress.
The information presented in the Programs, which may include nutrition and/or physical assessment reports, is not medical or professional advice and should be used for informational purposes only. Any reliance on the information provided in the Programs is at your own risk.
It is entirely your responsibility to seek medical advice on the health effect of the Programs provided by us to you.
At any time, and without cause, Johno's Fitness may cancel or suspend this Agreement and/or your use of the Program in our sole discretion, without any liability if you are in breach of this Agreement.
You will only be allowed to cancel this Agreement and your purchase of the Program in terms of applicable consumer protection laws as set out in clause 9 below.
The costs to purchase the Program are set out in the tax invoice provided to you when agreeing to this Agreement (the "Fees").
All Fees are inclusive of VAT unless stated otherwise.
In addition to the Fees, you will be liable for any costs associated in using the Program, such as mobile data charges, gym fees, etc.
If you fail to make payment for the Program by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Program or suspend your participation in the Program in our sole discretion. If you are suspended from participation, you will not receive further Program correspondence until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the Program and you will not be entitled to any refund.
PAYMENT OF THE FEES
Payment. Payment of the Fees is required before you can use the Program and the Fees must be paid via electronic funds transfer (EFT) to our bank account or via credit card through a third party payment gateway, the details of which are set out in the tax invoice provided to you.
Transaction records. We will make all documentation relating to transactions between you and us available via email.
Payment gateway terms. If you pay the Fees through a third party payment gateway, you will be required to agree to the terms and conditions stipulated by any such third party and agree to pay any fees that may be charged by the third party. Johno's Fitness will not have access to any payment information that you provide to the third party payment gateway.
Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, you will be liable to us for any penalty which we incur to that bank or other payment processor.
Foreign currency. If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You will be liable for any additional charge incurred due to you paying the Fees in a different currency.
Given the nature and duration of the Program, we do not generally offer a refund or credit on Fees once you have started to use the Program unless required under applicable consumer protection laws.
Cooling off. In terms of applicable consumer protection laws, Clients may cancel their purchase of the Program within 7 (seven) calendar days of making payment of the Fees, unless the Client has already started to use the Program (for example, by communicating with the personal trainer), by contacting us at firstname.lastname@example.org. We will not refund any Fees in terms of this clause 9.2 if you have used the Program or if you request a refund after 7 (seven) calendar days of making payment of the Fees.
Dissatisfaction with the Program.
If you have used the Program and are dissatisfied with it and would like to request a refund of your Fees, you must contact us within 7 (seven) calendar days of making payment of the Fees and make such a request.
We will assess all such requests on their merits, taking into account the nature of the Program, the types of problems you encountered and your use of the Program.
If a refund in terms of clause 9.3 is granted, such refund will:
be granted at the sole discretion of Johno's Fitness, taking all circumstances into account; and
be an amount equal to the Fees less the following amounts:
a R2,000.00 (two thousand Rand) reasonable cancellation fee ("Cancellation Penalty"); and
a pro-rata portion of the Fees in respect of the period for which you used the Program ("Pro-rata Charges").
The Cancellation Penalty is a reasonable amount charged for the 14-week eating plan that is provided in full at the start of the Program and which you have had and will retain access to.
All refunds granted will be returned to the Client via EFT within 30 (thirty) calendar days of the refund being granted.
You may not circumvent this Agreement by cancelling this Agreement and contracting directly with the personal trainer assigned to you to avoid paying the Fees.
ACCEPTABLE USE POLICY
Clients may only use the Programs for their own personal, non-commercial use. Use of the Program for the benefit of your own clients or another person is strictly prohibited and will be a material breach of this Agreement.
ELECTRONIC MESSAGES AND COMMUNICATION
We will primarily use electronic communication as our main communication tool for all correspondence relating to the Program or this Agreement. This may also include the use of SMS (short message services), registered mail or telephone.
Please note that by entering into this Agreement and using our Program, you acknowledge that we may use your Personal Information provided by you for communicating with you via electronic communication in terms of applicable data protection laws, including POPI and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving direct marketing messages at any point in time.
THIRD PARTY SITES
We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement on our Website or in a Program does not imply our endorsement of such third parties.
If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used in the Program or on our Website) is proprietary to us or the respective owner(s)' property and will remain our or the owner's property at all times.
You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Programs or Website.
WARRANTIES AND REPRESENTATIONS
Subject to applicable laws:
We give no guarantee of any kind concerning the content or quality of our Programs and any information made available through the Programs or on the Website is not to be considered as advice of any kind.
We are not making any claims in respect of the Programs offered or the outcome of the Programs, and while the Programs incorporate known sport science methodology, we make no promises or guarantees that your fitness, health or otherwise will improve as a result of your use of the Programs.
We make no representations to you, either express or implied, and we will have no liability or responsibility for the outcome of the Programs and/or the information contained on the Website. Our Programs are used entirely at your own risk.
You warrant to and in favour of us that:
you understand and agree that Johno's Fitness is not providing medical advice in the Programs;
all exercise and any dietary changes have been approved by your doctor;
to your knowledge, you have no heart or health conditions;
you acknowledge that the participation in physical activities and any diet may carry inherent and significant risks of property damage, bodily injury and/or death. You voluntarily participate in such activities at your own risk and voluntarily assume all such associated risk;
you are at least 18 (eighteen) years old and have the legal capacity to agree to and be bound by this Agreement; and
this Agreement constitutes a contract valid and binding on you and enforceable against you.
Each of the warranties given by you will:
be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement;
continue and remain in force irrespective of whether this Agreement is active, suspended or cancelled; and
be deemed to be material.
16. LIMITED LIABILITIES
To be clear:
we will not be liable for any loss arising from your use of the Program or any reliance on the information presented on the Website or Program or provided by Johno's Fitness;
we will not be liable to you for any loss caused by using our Program or your liability to any third party arising from those subjects. This includes but is not limited to bodily injuries, damage to property or any other forms of damage and/or loss suffered by you or any third party as a result of your use of the Program;
the Website or Program may include inaccuracies – in such instances we can't be held liable or be forced to comply with offers that are genuinely (and/or negligently) erroneous;
we are not responsible for the proper and/or complete transmission of information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our systems. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
finally, our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
If any matter results in a valid claim against Johno's Fitness, the liability of Johno's Fitness will be limited to the Fees paid by the Client in respect of the Program in terms of which the claim arose.
You hereby indemnify and hold us (including our shareholders, directors and employees) harmless against any claim by any person for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of this Agreement by you.
Except for the obligation to pay monies due and owing, neither party shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
Any dispute which arises out of or pursuant to this Agreement (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
That arbitration shall be held with only the parties and their representatives present at Cape Town.
The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
Website owner: Johno's Fitness Proprietary Limited (trading as "Johno's Fitness"), Registration No. 2019/097519/07.
Legal status: Johno's Fitness is a private company, duly incorporated in terms of the applicable laws of South Africa.
Directors: J Meintjes and S Paddock.
Description of main business of Johno's Fitness: Johno's Fitness offers various training programs focussing on physical fitness and diet.
Email address: email@example.com.
Website address: https://www.fitnessfaculty.club/.
Contact number: 071 607 7937.
Registered and physical address: 15 Nahoon Avenue, Constantia, Cape Town, Western Cape, 7806.
Postal address: Postnet Suite No. 125, Private Bag X16, Constantia, Cape Town, Western Cape, 7868.
Governing law: this Agreement shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
Breach: if any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
No waiver: the failure of Johno's Fitness to enforce or to exercise any right under this Agreement shall not constitute a waiver of that right.
Variation: no variation, addition, deletion, or agreed cancellation of this Agreement will be of any force or effect unless in writing and accepted by the parties.
Johno's Fitness selects its physical address and its email address as reflected in clause 20 for the service of all formal notices and legal processes in connection with this Agreement, which may be updated from time to time by updating this Agreement or providing the Client with written notice via email.
You hereby select the physical address and email address provided when purchasing the Program as your address for service of all formal notices and legal processes in connection with this Agreement, which may be changed by providing Johno's Fitness with 7 (seven) calendar days' notice in writing.
Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.