PERSONAL TRAINING TERMS & CONDITIONS:
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT DECLARATIONS:
This Agreement is entered into between personal trainer Torey Bowman (“Trainer”) and the undersigned (“Client”). By signing this Agreement, you indicate your acceptance of the terms and conditions herein, at which point this Agreement shall commence and become binding between the parties, Trainer and you, Client. This Agreement shall continue indefinitely until terminated by either of the parties hereto pursuant to the termination clause in this Agreement. The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
1.ASSUMPTION OF RISK
You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, such as sidewalks, parking lots, stairs, or other general areas of any facilities or any equipment. You hereby assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities or any other sporting or recreational endeavour. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation to any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
2.RELEASE & LIMITATION OF LIABILITY
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (including Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This release & limitation of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
3.INDEMNIFICATION
By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
4.ACKNOWLEDGMENTS & WARRANTIES
You warrant that the information given by you in this form is true and correct. To the best of your knowledge and belief, you are in good health and are not knowingly incapable of performing or engaging in exercise and that such exercise will not be detrimental to your physical safety, well-being or health condition. You agree that in the event that you have any concerns about your physical condition that you will advise Trainer immediately of your concerns as well as any change/s in your physical well-being or health condition. Consequently, it is your sole responsibility to seek medical intervention and/or advice before engaging in any exercise.
You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is governed by South African law. The invalidity, unenforceability or illegality of any term of this Agreement under the laws of any jurisdiction shall not affect the validity, enforceability or legality of the remaining terms. In the event that it is determined that one or more terms are invalid, unenforceable or illegal, such term shall be deemed to be severed from this Agreement and the remaining terms of this Agreement shall, in all other respects, remain of full force and effect.
You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment or other such products to the public and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and further acknowledge that you fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to institute any legal action or assert a claim against trainer for any actual or perceived negligence of the trainer or for any defective product used whilst receiving personal training instruction from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
5.TERMINATION
5.1 In the event that you elect to terminate this Agreement before the end of any particular month, the Agreement will terminate as at the end of that month.
5.2 In the event that you wish to become a member of Soul Fitness again following termination you will need to re-join and sign a new Agreement.
5.3 Trainer may terminate this Agreement on written notification to you in the event of a breach of any of the terms and conditions set out in this Agreement particularly the specific terms and conditions contained in the Member’s Undertaking which all members are requested to sign upon joining Soul Fitness. Said Undertaking is marked Annexure ‘A’ hereto for your further reference and due signature.
5.4 Upon termination of this Agreement, your membership to Soul Fitness shall cease and you shall no longer have access to Trainer and the Soul Fitness training links. You will also be removed from all Soul Fitness communication platforms including but not limited to access from the Soul Fitness page on Facebook, Instagram, Soul Fitness WhatsApp and Telegram groups and any other social media platform profiling Trainer and Soul Fitness.
6. GENERAL TERMS
a. You can neither transfer nor assign this Agreement to anyone else including family, friends or social utility contacts. The dissemination and circulation of the meal plans, which have been exclusively designed and tailored to your specific goals and objectives, should never be shared with any other person. Consequently, the transfer, assignment, circulation or dissemination of the training links and meal plans will not be tolerated under any circumstances and will be a breach of the terms of this Agreement. This may entitle Trainer to cancel this Agreement with immediate effect and to exercise his legal rights in terms of this Agreement.
b. You may neither share the links to the Soul Fitness training sessions nor permit any other person to use your exclusive membership rights and privileges to Soul Fitness and/or Trainer.
c. Trainer reserves the right to take photographs for marketing purposes and you hereby consent to your incidental inclusion in same.
d. If Trainer takes no action or lets you off any breach of the provisions in this Agreement or if the Trainer gives you extra time to pay or comply accordingly, it will not stop Trainer from enforcing the terms of this Agreement strictly at a date in the future.
e. Trainer may assign the benefit of this Agreement and his rights thereunder to a third party on notice to you. Your rights in terms of this Agreement shall, in no way, be prejudiced.
f. You choose as your domicilium citandi et executandi for all purposes under this Agreement, the physical address, telephone number/s and/or email address as provided by you and specified in this Agreement. If there are any changes to your contact details at any time, it is your responsibility to update your details and to inform Trainer accordingly for the purposes of serving any notices in terms of this Agreement.
g. The use of the Soul Fitness Logo, name or marks for promotional or marketing advertising is not permitted under any circumstances without prior written consent and permission from Trainer;
h. Trainer will not tolerate the use of threats, intimidation or any harassment towards other Soul Fitness members. This includes but shall not be limited to, verbal, sexual or physical harassment and abuse towards any members in person or via online. Any form of behaviour, which includes but shall not be limited to, shouting, swearing, offensive jokes, name calling, vulgar utterances directed to any member of Soul Fitness, including Trainer and his assigns, will not be tolerated under any circumstances.
i. Trainer reserves the right to discretion when approving membership to Soul Fitness. Right of admission will be reserved at all times.
j. All complaints and queries are to be directed to Trainer in writing via an email to tdbowman14@gmail.com or as directed by Trainer.
k. You undertake to inform Trainer immediately of any changes to your details provided in this document.
7. PRIVACY
7.1 Bowman Fitness will collect personal information from you as per the information you provide to Trainer when you complete the personal training fitness assessment details as well as your personal details including your residential address and contact details requested and listed in this Agreement;
7.2 The type of information Bowman Fitness collects is the information that you provide to Trainer to complete your membership application including your name, date of birth, email address, telephone number.
7.3 You are required to submit this information and sign this Agreement together with Annexure ‘A’ hereto, before you will become a member of Bowman Fitness.
7.4 Please note that Bowman Fitness will use your information as follows:
a) To provide you with services, information on products, if any, as well as information that you have requested to achieve your fitness goals and objectives;
b) For administration purposes.
8. RIGHT OF ACCESS
You have the right to ask for a copy of the information Trainer holds about you and to have any details corrected in your information.
9. YOUR CONSENT
When you provide Trainer with your personal data, including sensitive personal data such as your health data and status and by accepting the terms and conditions stated in this Agreement, you hereby opt in and consent to the following:
a) The processing of information you provide to Trainer in accordance with the said purposes of this Agreement as well as this privacy clause and,
b) Receiving fitness related information from Soul Fitness by email, mobile and phone.
You are entitled to withdraw your consent and opt out of a. and b. above by sending Trainer a written notification by way of an email or through any other preferred method as may be determined by Trainer from time to time.
10. OUR RIGHTS
Bowman Fitness reserves the right to seek legal remedies for any violation of applicable law or regulation and may terminate membership and/or access to the Bowman Fitness website for any reason, including without limitation, for the breach of the Terms and Conditions contained in this Agreement and/or of any applicable law or regulation.
11. DISCLAIMER
By signing below, I agree that I have read and understood my rights regarding cancellation and payment options and I hereby agree to the terms and conditions stated in this Agreement.
ANNEXURE ‘A’
SIGNED UNDERTAKING
I do hereby undertake to accede to the following specific rules as a member of Bowman Fitness: