The Performance Institute Membership Agreement​

This Gym Membership Agreement (hereinafter referred to as the “Agreement”) is made and shall be effective as on [‘Effective Date’] (hereinafter referred to as the “Effective Date”),

By and between

The Performance Institute (hereinafter referred to as the “Gym”), located at 30 Marine Drive, Paarden Eiland, Cape Town and,

[‘Client Name’] (hereinafter referred to as the “Member”).

The Gym and the Member are collectively referred to as the “Parties” and individually as “Party”.

The Gym offers open use, personal training and group fitness classes, and the Member wishes to participate in these classes and to enjoy other amenities offered including but not limited to lockers, changing rooms, showers and café unless noted otherwise.

 

Member Details

1. Member Name: [Member Name]
2. Sex: [Specify member’s gender]
3. Address: [Member’s address]
4. Date of Birth: [DOB]
5. Phone: [Contact Number]
6. Email: [Email Address]
7. Emergency Contact/Next of Kin: [Name & Contact Details]

 

Health Attestation​

The Member attests that they are fully able to participate in an exercise routine of their choice without undue risk.

Thus, by providing the aforementioned details, the Member hereby shows their desire to become a member of the Gym, pursuant to the terms and conditions of this Agreement.

 

Terms and Conditions

The following terms and conditions shall define and govern the relevant aspects of this Agreement:

1.  Member Access

This Agreement entitles the Member to access the Gym’s facilities (hereinafter referred to as “Facilities”) as long as the dues are paid in advance to the Gym.

2. Membership Fees

The Member has opted for the [Plan] membership and has to pay an amount of R[0.00] (hereinafter referred to as “Fee”) to avail the facilities of the Gym.

The Member has to pay an initial registration fee of R[0.00] (hereinafter referred to as “Deposit”) immediately upon the execution of this Agreement.

3. Term

The Membership shall commence on the date of [Date] (hereinafter referred to as the “Commencement Date”) and shall continue till the Member pay the fee on time or until it is terminated by either Party.

4. Right to Cancellation

To cancel their membership, the Member has to inform the Gym in writing within 30 days prior. Please note a one month cancelation fee of their current package will be charged before being removed from the system.

5. Assumption of Risk and Potential Liability

The Member acknowledges and agrees that there are risks involved with any fitness and physical activity, the use of exercise equipment, and participation in an exercise program, and such risks may include the risk of serious bodily injury or death.

By signing this agreement, the Member knowingly and voluntarily assumes all risks of liability, loss, illness, death, or injury caused or arising out of any use of the Facilities or the participation in any activities by the Member.

6. Lost Goods

The Gym takes no responsibility for lost or stolen goods. Lost and found goods not claimed after [30 Days] days will be donated to charity or thrown away.

7. Damages

The Member shall pay for any damages it incurs to the equipment or premises of the Gym, which results from the poor conduct of the Member or its guests.

8. Rules and Responsibilities

1. The Member shall abide by all the safety guidelines and regulations as set forth by the Gym while using the facilities or equipment of the service.
2. The Member agrees that the Member shall abide by the Gym’s dress code at all times while in the facility.
3. Consumption of drugs, alcohol, tobacco, or similar addictive substances must be strictly prohibited at the fitness facility provided by the Gym.
4. Breaking into fights that involve physical injury shall not be permitted at any cost and must result in either suspension or termination of membership.
5. Member is expected to update their membership status every six months.
6. Members must respect each other in all circumstances and should take care of the instruments or equipment after every use.
7. The Members shall wipe down all equipment after each use and re-rack the weights used.
8. Persons under the age of 16 are not permitted unsupervised in the fitness area unless otherwise agreed upon.

9. Miscellaneous

1. Indemnification:

The Member must indemnify the Gym harmless of any and all claims, loss, injury, or damages without limitation, as the membership shall be serving as a liability release for the Member.

1. Binding:
   This Agreement shall be considered binding upon the Member and the Gym.
   Any and all legal proceedings in lieu of the Agreement shall be resolved
   by the jurisdiction laws of South Africa.
2. Notices:
   Any and all notices, apart from cancellation notice, can be made to the
   Parties through a certified mailing address as mentioned in the Agreement.
   Any additional address shall be notified to the Parties in writing and in
   person.
3. Governing
   Law: This Agreement hereto shall be governed and interpreted in
   accordance with the laws of South Africa.
4. Entirety:
   This Agreement and other annexures, therefore, constitute the entire
   agreement between the Parties with respect to the matter of subject hereof
   and thus, supersedes all prior agreements, purchases, understandings, and
   negotiations, written or phonated, between the Parties.

10. Contracts

1. All contracts are upon payment agreed here to be committed to on a recurring payment system on the first day of each month.