CLIENT TERMS & CONDITIONS
Dated: The 28th DAY OF October 2018
By completing the online Client Form and/or Package Agreement, you are agreeing to the following terms and conditions;
As per the Client Form
- I, the client take full responsibility for the payment of the account and undertake full responsibility for all attorney and client costs, collection commission, tracing fees and interest on overdue accounts.
- There will be a cancellation fee in the case of an appointment being cancelled less than 12 hours before the appointment time. Appointments cancelled with less than 4 hours notice will be charged in full.
- I, the client, indemnify Nicola Macleod Biokinetics (Trading as Body Innovation) and hold her harmless against all loss, damage or injury, from any cause arising, which I may sustain as a result of having been granted the use of the facilities.
- I, the client, am aware that my health may constitute a potential risk to my participation and I understand that my participation shall be at my own risk and that this indemnity includes all employees of Nicola Macleod and Body Innovation.
- I hereby declare that all information regarding my health has been disclosed to Nicola Macleod Biokinetics (Trading as Body Innovation).
- Bookings are essential, for private appointments/sessions; bookings can be made telephonically, via email or in person, for group training bookings should be done online at least 4 hours in advance. (NEW Policy) NOTE: Morning classes must be booked by 9pm the night before, if 2 or less people are booked, the class will be cancelled.
- (NEW Policy) I am aware that Body Innovation makes use of photos and videos of our facilities and clients for content, to gain exposure, via social media marketing
As per the Agreement, Sessions and Packages
- SESSION/CLASS CANCELLATION: All sessions cancelled with 12 hour notice can be made up within 2 weeks of the appointment date. Sessions cancelled for genuine emergencies with less then 12 hours notice can be made up within 2 weeks of the appointment date. Any session cancelled with less than 12 hours notice is forfeited (unless extenuating circumstances). If we are unable to provide you with a session within 2 weeks at your usual time, we will extend the catch up time.
Body Innovation will make reasonable efforts to avoid cancellations or changes of any class(es)/sessions and will always put forth its best effort to find an appropriate substitute for a scheduled class/session. By obtaining a Body Innovation package, you understand that: (a) the group fitness exercise schedule /appointments may change due to unforseen reasons; (b) instructors/biokineticists may change without notice; (c) an instructor/biokineticist may become ill or an unexpected emergency may occur and a class or classes/ sessions may be cancelled/rescheduled; and (d) during holidays or seasonal changes, group fitness programming/sessions may be altered. You understand and agree that BODY INNOVATION does not issue a class/session or package refund should any of these conditions occur, as reasonable effort will be made to reschedule or substitue the missed class/session.
- NOTE: Fees are calculated based on 4 weeks per month and therefore a 48 week year – 4 weeks worth of sessions are given as leyway for public holidays, end-of year closure or maintenance.
- PAYMENT: Monthly package fees are due in advance, at a fixed rate for the number of sessions selected per week or month, these fees may be paid either by cash, credit card, EFT, Paypal or Snapscan on the 1st working day of every month.
- DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, Body Innovation will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE of R100 (per 10 days or part thereof overdue)
BODY INNOVATION reserves the right to change package rates or other fees at any time. No package fee increases will be made without notice via electronic communication with sufficient time should you prefer to opt out. You understand package rate increase notices are sent only via electronic communication with the email address which is listed on the first page of this form. You understand it is your responsibility to update Body Innovation with any email changes.
- Package fees are NOT claimable from medical aid.
- TERMINATION: We will always try our best to adapt our training methods, sessions/classes to be as suitable and enjoyable as we can for you, but we also know we cannot make everyone happy and for this reason, you have the RIGHT to cancel. You are required to cancel in writing, emailed cancellations will be accepted, please ensure you receive a reply of acceptance of your cancellation.
If within 7 days you are not happy with the service or sessions/classes provided we will reimburse you for the full package payment (excluding the evaluation fee). After 7 days, if you wish to cancel, 30 days notice is required and a pro-rata refund will be provided where applicable. Pro-rata calculation: all sessions done (per session) and within the 30 day notice period will be calculated at the standard non-package rates, any remaining fees paid will be reimbursed.
A full reimbursement for any unused classes or sessions will be provided for reasons of relocation (>15km of the used premises), permanent disability or illness or death. No cancellation fee will be charged, under these circumstances.
You understand you cannot cancel your package with an outstanding balance. You agree to pay the full amount owing regardless of attendance during any portion of your package. By executing this Package Agreement, you understand any outstanding balance due to Body Innovation will be sent to a collection agency and are fully aware that you are responsible for any charges incurred to obtain the remainder of the balance owed. Body Innovation reserves the right to cancel or suspend your package privileges for any time should you be in violation of policies or terms of payment or should we feel the professional relationship is not beneficial to either party. Body Innovation will refund a pro rata portion of any fees applicable to a future month.
- PACKAGE FREEZE POLICY: If you have a term package of 3 or 6 months you may freeze time on your membership for 2 or 4 weeks respectively, for a minimum block of 1 week. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the services, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
- MAINTENANCE OF FACILITIES: The facilities may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes.
It is agreed that all exercises including the use of weights, and use of any and all machinery, equipment, and apparatus designed for exercising and the use of any Body Innovation premises, facilities shall be at the Client’s sole risk. Notwithstanding any consultation on exercise programmes which may be provided by Body Innovation personnel, it is hereby understood that the selection of exercise programmes, methods and types of equipment shall be the
- Client’s entire responsibility, and BODY INNOVATION shall not be liable to the Client or Client’s family for any claims, demands, injuries, damages, or actions arising due to injury to the Client or Client’s property arising out of or in connection with the use by the Client of the services and facilities of Body Innovation or the premises thereof. If the Client brings any personal property onto the premises of Body Innovation, the Client takes such action at the Client’s sole risk.
- It is hereby understood that BODY INNOVATION is not responsible in any way for damage to or loss of any personal property, including but not limited to, losses due to theft, or damage. Client hereby holds Body Innovation, its successors, owners, directors, employees, and agents harmless from all claims which may be brought against them by the Client or on the Client’s behalf, for any such injuries or claims aforesaid and from all claims, demands, injuries, damages, actions, losses and expenses.
- Clients OBLIGATIONS: (1) Client agrees to abide by all policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other clients with courtesy. (2) Client agrees to pay monthly dues on time.