ACROBATIC AGREEMENT 2025
Entered by and between
ACRON
Duly authorized and represented by:
LARIZE BARNARD
And
(Parent and/or Legal Guardian of the Acrobat)
Of
(The Acrobat)
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context requires otherwise:
1.1.Acron means Larize Barnard trading as Acron together with any partner, employee, contractor, invitee, official, licensee and/or agent appointed by Acron;
1.2.Parent means____________________________, identity number______________________________ in his/her personal capacity and capacity as parent and/or guardian of the Acrobat, any reference to “Parent shall include reference to the Acrobat’s Legal Guardian;
Acrobat means___________________________, identity number/date of birth_______________________, a minor child herein represented by his/her parent and/or Legal Guardian.
1.3. AFSA means Acrobatic Federation of South Africa
1.4. A.S.S.A means Acrobatic Sport South Africa
1.5. Agreement means this Agreement which will terminate automatically on 31 December 2025 or upon the early termination by one of the Parties;
1.6. Business Day means any day other than a Saturday, Sunday or official public holiday;
1.7. Effective Date means, notwithstanding the Signature Date, the date upon which the Acrobat registers for the Services to be provided by Acron to the Acrobat;
1.8. Parties means Acron, the Parent and the Acrobat (should the Acrobat be above the age of 18 years) and Party means, as the context requires, any one of them;
1.9. Signature Date means the date of the last signature to this Agreement;
1.10. Services means acrobatic training and conditioning including all ancillary services in relation thereto, to be provided by Acron to the Acrobat;
1.11. Year means a twelve-month period beginning on the 1st day of January 2025 and ending on 31 December 2025.
1.12. Person means any natural or juristic person, firm, company, corporation, government, state, agency or organ of a state, association, trust or partnership (whether having separate legal personality);
Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
Unless the context indicates otherwise and expression which denotes any gender includes all the others; reference to a natural person includes a juristic person; the singular includes the plural, and the plural includes the singular.
A reference to a Party includes that Party’s successors-in-title and permitted assigns.
The rule of contra proferentem does not apply in this agreement.
The termination of this Agreement does not affect those of its provisions which expressly provide that they will operate after termination, or which must continue to have effect after termination, or which must by implication continue to have effect after termination.
2. CLASSES AND MONTHLY FEES
2.1. Acron shall be informed of the desired class times which the Acrobat shall attend upon registration and thereafter on or before the 2nd of January of each subsequent year.
2.2. Payment of the monthly class fee ("Fee") of the Acrobat’s relevant category, shall be made monthly in advance on or before the 2nd day of each month with proof of payment to be sent to admin@acron.co.za. The current price list is attached hereto.
2.3. Payments are to be made via electronic funds transfer into the following bank account with the Acrobat’s name and month of payment as reference:
Bank: Standard Bank
Account number: 10215319387
Account name: L. Barnard
Branch: Centurion
Branch code: 00051001
Reference: (ACROBAT), (MONTH)
2.4. Acron shall be entitled to increase the monthly Fee on three (3) months’ notice to the Parent.
2.5. The Acrobat may elect to attend classes in addition to those elected in the official class schedule, which additional classes will be arranged for a mutually convenient time between the Parties. Payment of the additional fee in respect of the additional classes as set out in Annexure A shall be made on the day(s) on which the additional class(es) takes place.
2.6. An annual non-refundable registration fee of R 320,00 ("Registration Fee"), which is amendable from time to time, will be payable to Acron upon registration for any particular Year following the Year of first registration.
2.7. The Acrobat shall register with AFSA when required, the costs of which shall be borne by the Parent/Acrobat.
2.8. Class fees are payable over a 12-month period, i.e., January to December and are payable as set out in clause 2.1 of this Agreement.
2.9. Fees applicable to an Acrobat registering with Acron later than 1 January of any particular year will be pro-rated in accordance with the remaining months of that particular year and will be calculated weekly as per the annexed price list (Annexure A).
2.10. All fees as set out herein or as subsequently increased will increase at an annual average rate of 10% on 1 January of each Year.
3. CANCELLATION/TERMINATION
3.1. Either Party may cancel the Agreement upon providing the other with thirty (30) days written notice and may do so without any penalty or cause.
3.2. In the event that the Acrobat has not completed the sessions paid for in terms of Clause 2.1 above, Acron shall refund the Parent/Guardian any fees that have been received with regard thereto.
4. CLASSES AND NON- ATTENDANCE
4.1. Acron will not be liable to reimburse the Parent/Acrobat for any absence from classes for whatever reason.
4.2. No Acrobat may attend a class if an illness of whatsoever nature is present or suspected. These symptoms are including but not limited to coughing, runny nose, fever or possible contact with infected persons. The aforesaid does not constitute class cancellation on the part of Acron and Acron shall therefore not be liable to reimburse the Parent/Acrobat for any absenteeism from class as a result of the aforesaid.
4.3. If, in the sole discretion of Acron, it is noted that an Acrobat presents any risk of illness that may infect other Acrobats, Acron reserves the right to cancel class attendance of such time as a letter from an appropriate, qualified and practicing medical practitioner is submitted by the Parent/Acrobat to Acron. Acron shall not be liable to reimburse the Parent/Acrobat for any absence from classes as a result of the aforesaid.
4.4. In the event that a class, be cancelled by Acron for any reason whatsoever, Acron shall notify the Parent/Acrobat within a reasonable time and reschedule such a class for a Saturday or any alternative day which is convenient to Acron. If a particular Acrobat is unable to attend the rescheduled class, he/she will forfeit such class.
4.5. Unless otherwise communicated by Acron, no classes will take place during school holidays and no fees shall be reimbursed or reduced by Acron and no fees may be withheld by the Parent/Acrobat as a result thereof.
5. DRESS CODE
The Acrobat will adhere to Acron’s dress code at all times.
5.1. Acron is entitled to refuse the Acrobat from attending any class should the Acrobat not adhere to the prescribed dress code.
5.2. Acron shall be entitled to notify the Parent/Acrobat of any change in the dress code and the Acrobat will adhere thereto within a reasonable time.
5.3. Acron shall provide the Parent/Acrobat with details of the relevant suppliers insofar as the dress code is concerned. The dress code currently consists of the following:
5.3.1. Club tracksuit;
5.3.2. Black dance shoes or clean feet;
5.3.3. Black leotard;
5.3.4. Neat high bun;
5.3.5. No jewellery;
5.4.Acron reserves the right to refuse entry, and any violation of the terms outlined herein or any of the club rules displayed on Acron's premises, which may beamended from time to time, may result in enforcement actions by Acron.
6. INDEMNITY
6.1. The Parent/Acrobat hereby waives and/or abandons any claim of whatsoever nature, including injuries, which the Acrobat may have against Acron, its owners, instructors, employees, contractors, invitees, officials, licensees and/or agents as a result of the Acrobats’ class participation or any other related activity or the use of any of Acron’s associated facilities and/or equipment.
6.2. The Parent/Acrobat furthermore indemnifies and holds Acron, its owners, instructors, employees, contractors, invitees, officials, licensees and/or agents harmless against any claims of whatsoever nature resulting from death, injury or losses which the Acrobat may sustain in terms of the Services or related activities, including travel occasioned by such activities or the use of any of Acron’s facilities and/or equipment.
6.3. In the event of an injury and/or emergency, the Parent/Acrobat hereby irrevocably and unconditionally authorizes that the Acrobat may be transported to the nearest medical facility for treatment. All costs occasioned by such transportation and/or treatment shall be borne by the Parent/Acrobat and accordingly the Parent/Acrobat hereby indemnifies and holds harmless Acron, its owners, instructors, employees, contractors, invitees, officials, licensees and/or agents incur any costs in this regard. If circumstances permit (i.e., and emergency) and Acron is required to pay for any medical services, the Parent/Acrobat undertakes to immediately reimburse Acron for any medical costs paid for and on behalf of the Parent/Acrobat.
6.4. Acron shall be entitled to disclose all required personal information of the Acrobat or that of the Parent to any medical facility should it be necessary to do so.
6.5. The Parent/Acrobat shall notify Acron of any illness, injury or other condition in relation to the Acrobat’s emotional and physical well-being prior to any class or related activity.
6.6. Acron may at its sole discretion refuse participation of any class or related activities in the event that any one condition set out in clause 7 below is present or for any other reason Acron deems fit and in the best interest of Acron and/or the Acrobat.
6.7. The Parent/Acrobat acknowledges that participation in acrobatics and any other related activity or the use of any of Acron’s associated facilities or equipment may be inherently dangerous, which danger cannot be minimized or eliminated by any amount of caution, instruction or expertise and could result in severe injuries which may include, but is not limited to, permanent paralysis, brain damage or death. This aforesaid list of injuries is not comprehensive, and the Parent/Acrobat confirms that he/she understands the nature of injuries that could occur and hereby accepts these risks.
7. RULES
7.1. The Acrobat shall arrive at least 10 minutes prior to the scheduled class.
7.2. The Acrobat/Parent shall notify Acron at least 2 hours in advance should the Acrobat be unable to attend a scheduled class for whatsoever reason.
7.3. Acron shall not be liable to supervise the Acrobat once the class or related activity has ended. The Parent shall arrive at the studio at least 10 minutes prior to the class or related activity ending in order to collect the Acrobat.
7.4. No Parent or visitor related to an Acrobat shall be allowed to sit in during any classes, unless prior written permission was obtained from Acron.
7.5. Neither a Parent nor an Acrobat may disrupt a class or cause any physical, emotional or other harm to a fellow Acrobat or any other person present at any class or related activity.
7.6. All Acrobats and any other persons entering the studio shall at all times strictly adhere to Acron’s hygiene requirements. No person shall be allowed to enter the studio with dirty feet or shoes.
7.7. Acron shall be entitled to refuse or terminate the Acrobats attendance at any class or related activity for whatsoever reason, including but not limited to, health issues, non-compliance with rules, non-payment of class fees, poor attendance record or any other reason at the sole discretion of Acron.
7.8. Once an Acrobat has agreed and committed (verbally or in writing) to participate in duo’s, trios, groups or any event that consists of more than one participant, the Acrobat will be contractually bound to participate. In the event that the Acrobat withdraws from such event the Acrobat will be required to submit to Acron a letter by an appropriate, qualified and practicing medical practitioner setting out the reason for such withdrawal, together with a penalty payment of R 250,00. The Acrobat will be requested to make available his/her leotard to an Acrobat who will be replacing him/her.
7.9. The Leotards and costumes provided by Acron ("the Leotards") are the property of Acron and may be hired by the Acrobat(s) at a quarterly fee, the amount of which shall be agreed upon by both parties in writing.
7.9.1. In the event that any Leotard or costume is damaged while in the possession of the Acrobat, Acron reserves the right to charge a penalty fee to cover the cost of repair or replacement of the Leotard or costume. The penalty fee will be determined based on the extent of the damage and the cost of repair or replacement.
7.9.2. The Acrobat agrees to return the Leotards and costumes in the same condition as they were provided, subject to normal wear and tear.
7.10. All competitions must be must be entered individually via the Jotform link provided by Acron with the applicable and corresponding proofs of payment for each individual competition.
7.11. For the sake of clarity, all competitions will be entered into seperately as commumicated by Acron and Acron cannot be held liable for any missed registration dates or competitions due to the Acrobat's and/or Parent's failure and/or negligence to timeously make payment of the competition registration fees and the failure and/or negligence to complete the applicable forms by the necessary deadlines.
8. TRANSFER FROM ANOTHER STUDIO
8.1. The Parent/Acrobat shall make available to Acron the particulars of any studio at which the Acrobat received acrobatic training prior to Acron.
8.2. Acron shall be entitled to contact the studio previously attended by the Acrobat to ascertain whether the Acrobat has been officially released from such studio and whether all fees due and owing have been paid in full.
8.3. Acron will not accept the Acrobat for training if the Acrobat has not been officially released from such studio and/or all outstanding fees have not been paid in full.
8.4. The Parent/Acrobat hereby warrants that they have been officially released from any studio previously attended, that all fees due and owing to such studio have been paid in full and holds Acron harmless against any claims by any studio previously attended in the event that Acron failed to contact such previous studio.
8.5. The Parent/Acrobat shall provide all certificates as proof of grading with any Association.
8.6. Acron’s internal grading will remain within the sole discretion of Acron as set out in clause 12.
9. VENUE AND INSTRUCTORS
9.1. Acron may change the venue at which training takes place at any time provided the Acrobat is notified in writing of such change.
9.2. Acron may at any time substitute an instructor for whatever reason to teach any class or related activity.
9.3. The Acrobat enters any venue, premises or associated facility at his/her own risk and holds Acron harmless against any loss or damage, of whatsoever nature, caused at such venue, premises or associated facility.
10. PHOTOGRAPHS, MARKETING MATERIAL AND INTELLECTUAL PROPERTY
10.1. The Parent/Acrobat confirms that he/she is aware that photographs and video footage are taken from time to time by Acron for marketing and/or instructional purposes and hereby consents that Acron may use such photographs or video relating to the Acrobat on any forum for marketing and instructional related purposes.
10.2. The Parent/Acrobat indemnifies Acron against any subsequent unauthorized use of such photographs and video footage by any third party on any forum.
10.3. Acron is the legal owner, and shall retain ownership, of all intellectual property rights existing as at the signature date, including, without limitation, all intellectual property rights in and to all choreography created by it.
10.4. The Parties agree that Acron is the lawful owner of all choreography, which shall remain the property of Acron in perpetuity. No 3rd party may make use of such choreography without the prior written authorization and consent by Acron, unless same is used solely for the benefit of Acron
10.5. The Parent/Acrobat warrants that any choreography that the Acrobat uses in competition or otherwise, is their own intellectual property, alternatively that any third party choreographer or intellectual property owner has formally consented to the use of said intellectual property.
10.6. The Parent/Acrobat shall be personally liable for any 3rd party damages claims and indemnifies Acron of any such claim.
10.7. Acron will retain ownership of any video, recording, imagery, audio or other content created (jointly the "Content") within the scope of the Service and this Agreement, including but not limited to any copyright, moral rights or other intellectual property rights. Acron will own any intellectual property to the Services and any subsequent Content deriving from it.
11. EXCLUSIVITY
11.1. The Acrobat may not participate, without written consent from Acron for any other brand-afflicting material or third-party events, including but not limited to:
11.1.1. marketing material;
11.1.2. competitions;
11.1.3. social demonstrations and events;.
11.1.4. music videos;
11.1.5. school events;
11.2. The Acrobat must inform Acron of the intention to perform at any event not organized by Acron itself, and the material to be performed must be approved by Acron before said event.
11.3. The Acrobat shall not register under any other acrobatic- or dance school of any nature for any competitions or other events for the duration of the Agreement and will be a sole member of Acron for the Agreement period.
11.3. Failure to inform Acron of the above, will constitute a breach of this Agreement.
12. INTERNAL GRADING
12.1. The Acrobat shall be evaluated and placed in a certain star-graded group according to the Acrobat’s current skill level. The graded groups currently available are as follows:
Beginner: One Star
Intermediate: Two Stars
Elite: Three Stars
Advanced: Four Stars
Acron Star: Five Stars
12.2. Grading remains within the sole discretion of Acron and will be dependent upon, but not limited to, the Acrobat’s skill, performance and improvement.
12.3. Grading will take place at the end of each year for acrobats enrolled at the Acron studio.
12.4. Grading will take place mid-year for acrobats enrolled in the School’s Acrotot program.
12.5. An Acrobat will not qualify for grading if 3 or more consecutive classes have been missed during any respective Year.
12.6. An Acrobat will not be graded if any fees are outstanding.
12.7. An Acrobat may be downgraded at the discretion of Acron for whatsoever reason, including but not limited to, poor class attendance, poor payment record or otherwise.
13. AFSA AND A.S.S.A
13.1. The Parent/Acrobat shall adhere to any and all rules of AFSA and A.S.S.A, as amended from time to time and conveyed to the Parent/Acrobat by Acron.
13.2. The Parent/Acrobat warrants that he/she is acquainted with the rules of AFSA and A.S.S.A, irrespective of whether same has been conveyed to him/her by Acron.
13.3. The Parent/Acrobat will refrain from contacting AFSA and A.S.S.A to resolve any matter or disagreement between Acron and the Parent/Acrobat.
14. DOMICILIUM
14.1. Each Party chooses the physical address and/or email address set out in Annexure A as the address to which any notice, consent, approval, legal process or any other communication in connection with this Agreement must be sent.
14.2. Each Party shall notify the other Party of any change in his/her address by giving immediate written notice of such change to the other Party.
14.3. Any notice sent by email to the recipient’s email address takes effect when received by the recipient and, unless the contrary is proved, is deemed to have been received on the first Business Day after the date of transmission.
15. BREACH
If a party (“defaulting party”) commits a breach of this Agreement and should such breach be –
15.1. capable of being remedied and the defaulting party fails to remedy such breach within 7 days of receiving a written from the other party (“aggrieved party”) to do so; or
15.2. incapable of remedy,
the aggrieved party shall be entitled (without prejudice to any other rights which it may have) to claim specific performance or cancel this agreement, in either case without prejudice to the aggrieved party’s right to claim damages from the defaulting party.
16. APPLICABLE LAW AND JURISDICTION
16.1. This Agreement is governed by South African law.
16.2. The Parties unconditionally consent and submit to the non-exclusive jurisdiction of the Magistrate’s Court in regard to all matters arising from this Agreement.
17. NON-VARIATION
No addition or variation, cancellation or novation of this Agreement shall be of any force of effect unless embodied in writing and signed by the Parties to this Agreement.
18. WHOLE AGREEMENT
This Agreement constitutes the whole Agreement between the Parties pertaining to the subject matter hereof and no agreements, representations or warranties between the Parties other than those set out herein shall be binding on the Parties.
19. NON-WAIVER
No extension of time or waiver, relaxation or suspension of any of the provisions or terms of this Agreement shall operate as an estoppel against any Party in respect of its rights under this Agreement nor shall it operate so as to preclude such Party thereof from exercising its rights strictly in accordance with this Agreement.
20. SEVERABILITY
If any provision of this Agreement is unenforceable at law, such provision shall be severed from the remaining provisions of this Agreement and the remaining provisions of this Agreement shall not be affected and shall remain of full force and effect.