YOUR F45 MEMBERSHIP
Contract Terms and Conditions & Member Code of Conduct
F45 Training Walvisbay (“F45”) Date of Issue: 18 MAY 2022
1. Liability Waiver/Informed Consent Form
You agree to sign an F45 Health & Fitness Liability Waiver/Informed Consent Form in favour of F45, either online as part of the registration process or by signing a hard copy in studio.
Waiver of Liability
By taking any type of membership or participating in a casual class the Member knowledges that the training, programs and events held by F45 may expose the Member to many inherent risks, including accidents, injury, illness, or even death. The member assumes all risks and injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated.
The Member acknowledges his/her responsibility in communicating any physical and psychological concerns that might conflict with participation in activity.
The member agrees to HOLD HARMLESS, WAIVE AND RELEASE F45 its owners, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in any F45 training, programs and/or events. The Member acknowledges that he/she is aware that this is a waiver and a release of liability and voluntarily agree to its terms.
2. Cooling off period
You can cancel your membership within 14 days from the date you commenced training.
For the avoidance of doubt the 14-day period commences from the day you complete your first session with F45.
This is only applicable to new membership agreements, which includes members signing up directly from an introductory offer (Trial), but excludes members signing up from a complimentary membership or changing membership options.
If you cancel within the 14-day cooling off period, F45 will refund any membership fees paid, less the pro-rated membership fee from commencement to cancellation, and less any set-up fee or the value of any promotional item(s) F45 may have given you upon joining.
3. Minimum age
The minimum age for training with us is 16 years of age. People under the age of 18 years of age are required to provide a signed consent form from a parent or legal guardian confirming their consent for the member to train with F45.
4. Your Health
You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise. You agree to complete and sign a Pre-Exercise Screening form, either online or in studio.
You recognise that the fitness instructor(s) is not able to provide medical advice with regard to your fitness, and that this information is used as a guideline to the limitations of your ability to exercise.
You agree to not hold any certified trainer, owner, or director of F45 liable for any injury that may occur during an F45 session.
5. Acceptance of membership application
Applications for membership are subject to acceptance and approval by F45, which will not be unreasonably withheld.
F45 reserves the right to deny membership applications, at its’ sole discretion. Memberships may also be cancelled, by F45 and with reasonable notice, for any breach of these Terms and Conditions or any breach of the Code of Conduct.
6. Paying for memberships
Membership fees are paid in advance, monthly or as the case may be, by debit (stop) order, electronic funds transfer (EFT) or PayToday
Payment in cash, whilst accepted, is not the preferred option.
7. Paying for merchandise and other products
Payment for merchandise and other products must be made within 2 (two) days of invoice – by electronic funds transfer (EFT), PayToday, or in cash.
8. Billing
With the exception of class packages or casual classes, all membership terms commence on the 1st calendar day of the first full months’ training, and expire on the last calendar day of the last month of the term. Any pro-rated period at the commencement of the membership does not constitute part of the contract term.
Except for class packages and casual classes, the billing cycle for membership fees is monthly (i.e. from the 1st day to the last day of each calendar month). New members who start during a billing cycle will have a pro-rated invoice generated, from the date of commencement to the end of the current billing cycle – at which time an invoice for the full following month will be generated.
Invoices for merchandise and other products will be issued at the time of purchase.
Note: Invoices for membership fees will only be issued upon request however, the individual member account balances are shown on the F45 Training app, under ‘My Account’.
9. Financial Hardship
Any application for relaxation of membership fees, or from the provisions of the Suspension and Cancellations clauses must be made in writing prior to the payment due date, and must be accompanied by proof of the change in circumstances (i.e. a salary reduction letter, employment termination letter, or similar). Any measures implemented to assist members suffering financial hardship are at the sole discretion of the Owners. In the event that no financial hardship assistance is approved, the provisions of these Contract Terms and Conditions remain in force.
10. Class Booking Limitations
Certain F45 Memberships include unlimited training, where members can book and train in any scheduled class (unless class is already full, in which case they can choose to be added to a Waitlist).
Some F45 Memberships do NOT include unlimited training and restrictions on class times, multiple same-day bookings, and days of the week restrictions do apply:
F45 OFF-PEAK memberships are restricted to as follows:
o 1 class per day
o Weekdays only (no weekend classes)
o Public Holiday classes are EXCLUDED
o NOT able to book/train in the 05h00 or 17h30 classes
11. Fair Use
Whilst some of our membership options include unlimited training, we reserve the right to restrict class reservations to one class per member per day, should the need arise – whether as a result of full classes, or a result of class size restrictions imposed by Government.
12. What happens if your payment is not received on time?
If you do not fully pay your fees by the due date, without prior agreement with the studio Owners, F45 may suspend access to F45 until any outstanding balance has been paid.
In addition to showing the current account balance on the F45 Training app, F45 will make reasonable efforts to advise you of any outstanding monies by:
• telephoning you,
• messaging you, or
• writing to the email address you provided.
Account balances that remain unpaid, without agreement from the Owners, for 3 days or more after the due date, will result in an Late Payment Fee of N$200 being added to the members’ account.
Account balances that remain unpaid, without agreement from the Owners, for more than 7 days may be referred to a collection agency or legal practitioner for further action. All such costs for this action will to be to the account of the member.
If account balances remain unpaid for 30 days or more the membership will be cancelled, a Cancellation Fee equivalent to the value of the notice period charged, and the matter handed over for collection.
13. Can F45 change your agreement?
F45 may, from time to time, add to, change or remove our terms and conditions. This includes changing the studio opening hours and class times, the F45 services and facilities offered, and the membership fees and merchandise/product costs.
F45 may also close for refurbishment to improve the facilities, to relocate premises, due to adverse weather conditions that affect the members’ safety or wellbeing, or due to studio closure mandated by government. If this substantially reduces our ability to provide our service to you F45 may, at its’ sole discretion, reduce your membership fees accordingly on a pro-rata basis.
F45 will take all reasonable measures to advise members of any such changes. Unless any objections are lodged in writing within 14 days of the publication of the amended terms and conditions, it will be considered that these revised terms and conditions have been accepted.
If F45 do not reasonably fulfil our obligations to you, you may be able to cancel your membership in accordance with these Contract Terms and Condition. Unless the law states otherwise, you won’t have any other claim against us if this happens.
For the avoidance of doubt, the most up-to-date terms and conditions will always apply.
14. Can F45 increase your fees?
Unless your membership is ‘Fixed for Life’, F45 reserve the right to increase your fees only at any time after your initial contract term has ended.
Fees for some Foundation Memberships are ‘Fixed for Life’ and not subject to escalation.
F45 will make reasonable efforts to notify you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). F45 will consider that you have received our letter or email on the second business day after it is sent.
Where F45 has taken all reasonable measures to advise you of an impending fee increase, such increase will be automatically applied.
With the exception of class packages, fee increases will be applied from the start of a billing cycle.
15. Contract Term
All contract terms, with the exception of class packages and introductory offers (Trials) commence on the 1st day of each calendar month. Any pro-rated period, from the actual commencement date to the end of the first calendar month, does not constitute part of the contract term but is still covered by these Terms and Conditions.
For example, if a member on a LIFESTYLE (12-month) membership commences on the 15th of the month their contract term only commences from the 1st of the following calendar month.
Transferability
Restricted F45 memberships are not transferable, and may not be used in conjunction with any other offer or membership option.
16. Student Memberships
Student memberships are only available to secondary school or graduate students. Post-graduate students are also eligible for this membership if they study full-time and are NOT employed.
Eligibility for Student membership also extends to those secondary or graduate students for a period of 12 months after finishing their education. Post-graduate students are only eligible for this membership until their studies are finished.
STUDENT memberships cancelled without the required notice period will incur an Administration Fee equivalent to one (1) months’ membership fee.
17. Couples Membership
Couple’s membership is only available to a couple (married, engaged, partners) who both sign up for a 12-month unlimited membership option.
The discount applicable will be 30% in respect of each member on the normal membership fee.
Should the partner/spouse of an existing member sign up for a 12-month unlimited membership, the existing member is required to complete a cancellation form in order to transfer to the Couple’s membership. No notice period is required.
Neither member may suspend or cancel their membership within the first 9 months.
Should one of the Couples cancel their Couples Membership after the first 9 months the remaining partner/spouse will automatically revert to the membership option of their choice as of the 1st day of the next month following the cancellation of the partner/spouse.
The normal notice period of two full calendar months for cancellation will be applicable to both members after the first 9 months have passed.
Should the Couple auto-renew their 12 month membership contract during the last month of their current contract that month will be free of charge.
18. Change of Membership Option
Members may change from one contract membership option to another, or from a class package to any membership option, at the start of the next billing cycle after this choice is made and communicated in writing to F45.
Members changing from a contracted membership option to a FLEXI (month-to-month), OFF-PEAK, or STUDENT membership are required to give 2 months’ notice, during which time they remain on the contracted membership.
For the avoidance of doubt, the first day of the month in which the membership change is effective becomes the start of the new Contract period.
19. Automatic renewal of Membership contracts
With the exception of class packages, complimentary memberships, and introductory offers (Trials), contracts are automatically renewed upon expiry of the term. This renewal carries with it the same Contract Terms and Conditions as the initial term.
14 days’ notice is to be given in writing if a member does not want their contract to be automatically renewed.
20. Membership Suspensions
F45 understand that from time to time you may not be able to train due to holidays, work or other commitments, illness or injury.
The following rules apply to all F45 Membership (Couples please refer to specific Couples Membership terms) suspensions:
ALL Suspension applications must be made in writing using the Jotform provided on the F45 Training app. No other form of notification will be accepted.
Suspensions
- Only applicable to contracted membership options, which excludes the month-to- month membership, class packages, complimentary memberships, and introductory offers (Trials).
- **Memberships can be suspended at any time after the first month, unless for medical reasons.
- **Applications to suspend membership must be made on the Suspension Form provided in the F45 Training app, and lodged with F45 at least 14 days prior to the commencement of the suspension.
- Periods of suspension are added to the end of the Contract term.
- *Maximum of one (1) months’ suspension for 12-month membership contracts, except for suspension on medical grounds (in which case a doctors’ letter is required).
- *Maximum of one (1) months’ suspension for 6-month membership contracts
- Non-Contract memberships (i.e. month-to-month) cannot be suspended.
- *Cannot suspend for more than 1 month unless for medical reasons, or under exceptional circumstances as approved at the sole discretion of F45.
- **Members’ accounts must be fully paid up before the commencement of any suspension.
- **Suspensions cannot be backdated, nor used in lieu of cancellation notice. For the avoidance of doubt, unless cancellation is for medical reasons (with medical certificate provided) the required paid notice period still applies.
- *A Suspension Admin Fee of N$200 WILL be applied to all non-medical suspensions.
* Rules marked with ‘*’ do not apply for suspension on medical grounds, provided a medical certificate/letter is provided.
** Rules marked with ‘**” do not apply for suspension on urgent medical grounds
21. Membership Cancellations
F45 understand that you may wish to cancel your F45 Membership. The following rules apply to all F45 Membership (Couples please refer to specific Couples Membership terms) cancellations:
ALL Cancellation notifications must be made in writing using the Jotform provided on the F45 Training app. No other form of notification will be accepted.
Non-contract Memberships:
a) Subject to b) below, can be cancelled at any time from the end of the current billing cycle.
b) Minimum 7 days notice, unless for medical reasons in which case a medical certificate must be provided.
c) There is no cancellation fee
Contract Memberships
a) Cannot be cancelled within the first 3 (F45 Unlimited) or 6 (Off-Peak) months, except for medical reasons. A medical certificate must be provided in such cases.
b) Minimum of two (2) full calendar months’ notice to be given, from end of current billing cycle (to avoid misunderstanding a billing cycle is from the 1st to the last day of that specific month), unless for medical reasons.
c) STUDENT memberships require a minimum of one(1) full calendar months’ notice, from the end of the billing cycle, unless for medical reasons. Cancellation within the first 3 months for other than medical reasons will incur an additional Cancellation Fee of N$200.
e) Cancellation of the STUDENT Membership (3+ Months), within the first 3 months, will incur an additional Cancellation Fee equivalent to the difference between the monthly membership fee and the monthly membership fee for the STUDENT Membership (Less than 3 months) multiplied by the number of months under 3.
f) No Cancellation Fee, unless insufficient notice given. In this case the fee is equal to the balance of the notice period not given.
22. Use of your image
You agree to allow F45 Training to take videos or photos to use for promotion purposes on social media. For the avoidance of doubt, this excludes any ‘before’ or ‘after’ photos taken in conjunction with the F45 Challenge.
23. Privacy
In the interest and protection of everyone who shares their personal information with F45, we reiterate that the personal information on the various platforms, including any WhatsApp groups, is private and confidential and should not be shared or distributed to any other groups or platforms without the prior consent of the F45 and its’ members. F45 acknowledges the importance of the building relationship, and support any business initiatives by our members provided that in doing so we do not infringe on the rights and privacy of other members.
24. Code of Conduct
This Code of Conduct forms part of the Terms and Conditions of Membership at F45 Training Walvisbay. It is designed to ensure the comfort of our members and enjoyment of our facilities whilst maintaining the highest levels of health and safety for all members, visitors and employees. Failure to abide by this Code may result in the user being asked to leave the F45 Training Walvisbay Studio.
If a member breaches this Code or fails to adhere to the terms and conditions of membership, Management may cancel the membership with a two month notice period. Serious breaches may result in immediate termination of Membership.
1. Dress Code
Members must be suitably clothed at all times when on the premises.
Correct fitness attire, including sports joggers, track pants or sports shorts, ladies tights, t-shirt or singlet tops must be worn at all times for safety and hygiene. Denim pants, soiled work attire, work boots, safety boots and slip-on canvas shoes are not suitable gym attire and will not be permitted in the studio.
2. Hygiene & Cleanliness
To ensure we maintain a clean, comfortable and hygienic environment we ask that all Members change into a clean (free of dirt, grime, thorns) pair of training shoes upon arrival at the studio, use deodorant and a sweat towel at all times and wipe down equipment with the disinfectant wipes provided after each use.
3. Parking
Parking is provided to Members at their own risk. F45 is not responsible for any loss, damage or theft of a Member’s vehicle (or any belongings in it).
Members must observe all signage and only park in areas designated for F45 Members and/or general parking spaces.
4. Prohibited
- Alcohol, illegal drugs and dangerous substances are prohibited on the premises.
- Smoking is banned within 4 metres of an entrance to or exit from the premises.
- Taking photos or videos is prohibited in all areas of the studio unless approved by Management.
- Behaviour that is offensive, aggressive or makes others feel unsafe or uncomfortable will not be tolerated. Resulting actions and consequences, including eviction and/or cancellation of memberships, are at the discretion of Management.
5. Damage to Property
Any Member who causes wilful damage to equipment or any property of F45 Training will be personally liable for the cost of repair or replacement. Members will also be responsible for any damage caused by their guests or children.
6. Social Media
Members are expected to conduct themselves appropriately in relation to other Members or employees of F45 Training when posting material on F45’s social media sites.
Appropriate conduct in relation to communications, comments or postings include:
- Must not offend, intimidate, humiliate or bully;
- Must not be misleading, false or injure reputations;
- Should respect and maintain an individual’s privacy;
- Must not bring F45 or its employees or contractors into disrepute; or
- Must not advertise products or services for private profit or gain.
7. Health & Physical Condition of Members
A Pre-Exercise Screening form must be completed by every Member prior to exercise commencing. F45 is not liable for any damage or injury caused to a Member as a result of a false declaration (including withheld information) regarding the Member’s medical or physical condition.
The Member must keep F45 informed of any changes in their health or physical condition that will impact their continued training with F45.
Members are solely responsible for their decision to participate in exercise and the level of intensity of the chosen activity.
9. Trainers
• Only F45 Trainers are authorised to conduct classes at the F45 Studio.
This Code should be read in conjunction with the Membership Terms and Conditions and any other policies and procedures that apply to F45 Training Walvisbay