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Competitions and Promotions

  • All participants warrants that their names and photographs may be published on all Body Action Gym’s social media sites, websites and/or print media and accordingly by participating in any Competition, all participants are deemed to have read and understood the terms and conditions of all such social media sites, including but not limited to Facebook, Instagram, Twitter and Body Action Gym’s website.
  • In accordance to the POPI Act, by submitting your information, you consent to taking responsibility for all contact details, including names supplied to Body Action Gym.

General

  • Membership annual increase shall take effect on each 1 January annually regardless of the contract sign date the increase amount is at the discretion of Body Action Gym management.
  • Membership will be on a month-to-month basis until written confirmation is received in writing of cancellation of membership.
  • Sufficient cause for cancellation of the agreement shall be in Body Action Gym's sole and exclusive discretion.
  • We reserve absolute discretion when approving membership applications and reserve the right of entry onto the Body Action Gym’s premises.
  • Upon damage being inflicted by the member to any such gym equipment, furniture, facilities and / or fittings, Body Action Gym shall provide the Member with the replacement or repair costs quote to replace or repair.
  • Complaints should be made to the Body Action Gym via email to info@bodyactiongym.co.za
  • Please take note that the facility might be disruptive when the members decide to jam to your favourite DJ spinning the decks.
  • Wi-Fi will be available to all members and the password may change from time to time and the new password will be available at reception.

MEMBERSHIP TYPE

Membership type refers to the specific category of membership that the Member has selected. Each Membership Type is governed by its own distinct set of terms and conditions, as specified below:

  • Standard Membership: This Membership Type grants the Member access to the facility during the standard operating hours and days.
  • Weekend Membership: This Membership Type permits access to the facility only on Saturdays and Sundays, during standard operating hours. Members holding a Weekend Membership shall not have access to the facility on weekdays or public holidays. Body Action Gym reserves the unequivocal right to refuse access to any Member holding a Weekend Membership who attempts to access the facility outside of the specified days and times.

Membership types must remain consistent between main members and their dependants. Main members with a Standard Membership can only have dependants with a Standard Membership at subsidised rates, and main members with a Weekend Membership can only have dependants with a Weekend Membership at subsidized rates. Mixing different membership types between main members and dependants is not permitted.

MEMBERSHIP TYPE UPGRADES AND DOWNGRADES

  • Members can upgrade their Weekend Membership to a Standard Membership before the 25th of each month.
  • Upgrades must be completed before the next debit order date (the 1st of each month).
  • Members must pay the pro rata balance of the monthly fee for the new Standard Membership at the time of upgrade.
  • The cutoff date for upgrades is the 25th of each month, as we prepare for debit orders on this date.
  • Upgrades will only take effect with the debit order run. Members requesting an upgrade after the 25th can only be processed after the 1st of the following month.
  • The upgrade will bind the member to their original agreement, with the terms and conditions of the new membership type assumed.
  • Members can downgrade their Standard Membership to a Weekend Membership before the 25th of each month.
  • Downgrades requested after the 25th can only be processed after the debit order run on the 1st of the following month.
  • Pro rata amounts for downgrades are non-refundable.
  • The downgrade will bind the member to their original agreement, with the terms and conditions of the new membership type assumed.
  • When upgrading or downgrading, both the main member and all dependants must be upgraded or downgraded together; mixed membership types are not permitted under a single contract.
  • If a dependant member wishes to remain on a different membership type, they must enrol as a new main member with their chosen membership type.

Non-Payment of the Membership

  • Non-payment of your monthly membership fee will cause your access to Body Action Gym to be suspended, until such time when your membership fee is paid up to date via card payment at reception.
  • Unpaid debit order will be re-debited should your debit order not go through.
  • Should a member have 2 unpaid debit orders in a 12 month cycle the gym has the right to terminate the membership.
  • Should a member breach any terms of their agreement they will be liable for all legal fees incurred by Body Action Gym.
  • Should the Member’s monthly debit order and or monthly payments come back as unpaid and or returned a set administration fee will be added on the invoice and or invoices upon settling the unpaid invoice and or invoices.

Transferring and or freezing of your Membership

  • The Gym does not allow memberships to be transferred; if you wish to cancel, an early cancelation fee will be applicable.
  • The Gym does not allow the freezing of memberships.

Waiver and Release

  • Body Action Gym will not be liable for death, injury, loss, or damage suffered by me through or contributing to by any cause whatsoever including but not limited to, any negligent (including gross negligent) act and/or omission or breach of contract on the part of the Gym, its directors, employees, contractors, independent consultants, or other members(s).
  • The Gym premises will invariably be entered and exited (inclusive of the parking areas) entirely at my own risk and that the Gym equipment and facilities will, furthermore, be utilized on this very same basis.
  • The Gym would not be vicariously liable for any loss or damage suffered by me and/or other member(s) because of theft on the part of its employees, independent contractors, consultants, or other member(s).
  • In the process of becoming a member of Body Action Gym, I and/or my estate, furthermore, indemnified the Gym against any claim by any person arising directly or indirectly from my death, injury, loss, or damage suffered by a member, allegedly caused or contributed to any act or omission by the Gym, its directors, employees, contractors, consultants and agents.

Disclaimer: Tanning Booth Use

  • The use of the Monaco Solarium at Body Action Gym is subject to the following safety and operational guidelines. By using the tanning booth, you confirm that you have read, understood, and accepted these terms.
  • Skin Type Assessment:
    • Determine your skin type (fair, dark, or in-between) and select an appropriate exposure time.
    • Members with fair or sensitive skin are advised to start with shorter sessions (e.g., 4 minutes).
  • Usage Restrictions:
    • Only one tanning session is allowed per day.
    • Members may not exceed 52 tanning sessions per year. Exceeding this is done at your own risk.
    • Avoid combining tanning booth use with direct sunlight exposure; wait 48 hours between your first and second session.
  • Health and Safety Precautions:
    • Eye Protection: Protective tanning goggles are mandatory and must be worn during sessions. Closing your eyes is not sufficient. Goggles are available for purchase at the Body Action Sportsgear Shop.
    • Cosmetics: Remove all cosmetics, especially products containing Alpha Hydroxy Acids, before tanning.
    • Hydration and Skin Care: Apply a moisturising and protective tanning cream before your session. These are available at Body Action Sportsgear Shop.
    • Medical Advisory: Do not use the tanning booth if you:
      • Are pregnant.
      • Are taking medication that causes photosensitivity (e.g., antibiotics, diuretics).
      • Have a family history of skin cancer or suffer from skin ailments.
  • Potential Risks:
    • UV radiation may cause skin damage, premature ageing, and increase the risk of skin cancer.
    • Overexposure can result in redness, sunburn, or discomfort. Discontinue use immediately if these symptoms occur.
  • Usage Policy:
    • Members under 18 years old or those with a history of severe sunburn, excessive freckles, or abnormal moles are not permitted to use the tanning booth.
  • General Guidelines:
    • Members under 18 years old or those with a history of severe sunburn, excessive freckles, or abnormal moles are not permitted to use the tanning booth.
    • Do not tamper with the equipment. Notify staff immediately if the timer or light tubes malfunction.
    • Children and non-users are not allowed in the tanning booth during operation.
  • Liability Waiver:
    • Body Action Gym is not responsible for health issues resulting from the use of the tanning booth. Use of the facility is strictly at your own risk. Body Action Gym assumes no liability for injuries, health conditions, or fatalities associated with tanning booth use.

Elf on the Shelf Campaign

  • Body Action Gym, in collaboration with NPL, presents the Elf on the Shelf campaign, which will run daily from 1 December to 24 December 2024. Participants are invited to locate the elf holding an NPL protein bar hidden within the gym to win a daily prize.
  • Body Action Gym staff members are not permitted to participate in or win the Elf on the Shelf campaign.
  • Each member is eligible to win only once during the duration of the campaign.
  • To participate, members must find the elf with the NPL protein bar and bring it to the reception desk to claim their prize. Each daily winner will receive an NPL hamper, which includes a Black and Yellow Drawstring Bag, a 1L Water Bottle, a 700ml Yellow Shaker, a Platinum Whey Sachet, a Halo Pro Sachet, an Amino Burn Sachet, a Nitro Rush Sachet, and the Protein Bar found with the elf (#21 or Collagen Bar).
  • Winners are required to allow reception to take a photo of them with the hamper, using the winner’s phone, to enable posting on Instagram Stories. The Instagram Story must tag @bodyactiongym and @NPL_International. Winners must show the Instagram Story post to reception to finalise the prize claim.
  • If a participant declines to meet the eligibility requirements, their prize will be forfeited, and the elf will be re-hidden for another member to find. Only one hamper is available per day, and prizes are non-transferable, non-refundable, and cannot be exchanged for cash.
  • Participants must be active members or visitors of Body Action Gym. By participating in the campaign, winners consent to their photo being used for promotional purposes by Body Action Gym and NPL. The gym reserves the right to modify or cancel the campaign at any time without prior notice.
  • Body Action Gym and NPL are not responsible for any technical issues or failures related to social media platforms during the campaign. All campaign activities are subject to the standard terms and conditions of Body Action Gym.

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