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TERMS AND CONDITIONS
I (Purchaser of product/service) hereby authorize DAYO FITNESS ESTABLISHMENTS PTY LTD to Debit my account,
presented in this document, on a monthly basis at an agreed to monthly investment etc.
I hereby agree that I am a paying or paid members of DAYO FITNESS ESTABLISHMENTS for the agreed term in this document. I am in full understanding that a cancellation
penalty will be liable by me at 50% of what is remaining of your initial agreement term should I wish to cancel or terminate my membership.
I hereby agree that I am fully transparent that I have no injuries and medical conditions that training or use of DAYO FITNESS ESTABLISHMENTS could impact negatively.
I hereby understand entry to these premises and the parking areas and use of any facilities and equipment is entirely at my own risk. By entering these premises, I agree to the
following terms and conditions. DAYO FITNESS ESTABLISHMENTS PTY LTD and its directors, employees and independent contractors (Collectively DAYO) shall not be liable
for any damage or loss arising out of death, injury, illness or trauma suffered by me or any dependents, or damage, loss or destruction to any property belonging to me or my
dependents, including (without limitation) damage, loss or destruction arising from a negligent (other than a grossly negligent) act or omissions of DAYO, its members or guests.
Right of admission to these premises is reserved and may be restricted by DAYO.
Children under the age of 18 are not allowed membership access to the building (unless between 16-17 years of age signed with an adult over 18years of age with a valid
membership)
No weapons of any nature are allowed on the premises, other than by authorized security persons granted permission by directors of DAYO for the purpose or member and
community protection.
DAYO may cancel or suspend my Contract at their absolute discretion by writing to me at the email address they have on record if:
• I commit a breach of these Terms or The Rule Book or if you engage in any conduct which in DAYO’s opinion would have a negative effect on DAYO, other members or
DAYO’s staff or is detrimental to the welfare, good order or character of DAYO FITNESS ESTABLISHMENTS; or
• DAYO subsequently discover that any part of your membership fees (under this Contract or any other prior contract) are/were not paid in full when due; or
• The information I supplied to DAYO is found to be incorrect and/or false; or
• DAYO reasonably thinks that I am not physically or medically fit to exercise.
• After vetting my application to this Contract, DAYO subsequently discovers facts or information which if DAYO had known prior to entering into the Contract, would have
resulted in us not having entered into the Contract with me.
The Small Print
• My membership is personal and may not be traded or transferred to another person. In particular my access card / band cannot be used by anyone else to gain access to
DAYO facilities, as this may constitute fraud and will be dealt with accordingly.
• If I fail to pay my monthly membership fees on the due date, then I will become liable for a cancellation fee if applicable and all costs in connection with the collection of the
arrears including legal costs.
• Although my membership may be paid by a different person to myself, I will remain liable for all fees payable.
• From time to time DAYO may introduce new services and/or facilities and introduce new membership types. If I wish to make use of any new services or facilities, then DAYO
may require me to pay an additional fee.
• If I wish to freeze, upgrade or downgrade my membership, or change your Home Club, please go to DAYO’s club or phone our Contact Sales manager at 27 64 191 8947. If
you make these changes at a club, please fill the appropriate forms at reception directed to the Sales Manager or set a meeting in person if DAYO’s sales manager is in the gym.
• If my bank details and/or contact details change, please phone our Sales manager at 27 64 191 8947 to update this information.
• DAYO reserves the right, from time to time, to temporarily or permanently close my Home Club, or temporarily or permanently stop providing certain facilities at my Home Club,
or adjust the operating hours of my Home Club.
• If one or more of these Terms are found to be unenforceable, such Term shall be deemed to be severable from the remainder of this Contract and the Contract shall in all other
respects remain in full force and effect.
• To the fullest extent permitted by law, DAYO may transfer and/or delegate to any third party DAYO’s rights and/or obligations under this Contract without my consent or
notification and I will continue as a member.
• This Contract contains all the terms and conditions of our agreement and no representation, addition, variation or cancellation of this Contract shall be of any force and effect
unless it is in writing and signed by me and DAYO.
• I agree that DAYO may validly serve any notices to the contact details that DAYO have on record for me. Any notice or communication sent by me to DAYO should be posted,
emailed or given in person to the receptionist at my Home Club. Please check with DAYO to confirm that DAYO have received correspondence addressed to DAYO, as DAYO
can only action and be bound by notices that DAYO has actually received. I acknowledge and agree that this Contract was properly and fully completed before I signed it and I
confirm that the information contained in it is true and correct and that I fully understand it. The laws of South Africa apply to this Contract. I consent to the non-exclusive
jurisdiction of the South African courts. Fees include VAT.
I / We hereby authorize you to issue and deliver payment instructions to the bank for collection against my / our abovementioned account at my / our above mentioned bank (or
any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed
to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing of no
less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address indicated above.
The individual payment instructions so authorized to be issued must be issued and delivered as follows:
i.On the 1st day (“payment day”) of each and every month commencing on the closest full month date following this membership purchase. In the event that the payment day falls on a Saturday, Sunday or recognized South
African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the
obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account
ii. Monthly; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less that the
obligation due;
iii. Weekly; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less than the
obligation due;
I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that
details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to
you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I / We shall not be entitled to any
refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE
I / We acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned bank as if the instructions had been issued by me/us personally.
This contract will be signed upon your collection of your DAYO full access card. Second to this you will be required to enter any remaining information for our Itensity access system if necessary. This system will be a primary access software and backup banking system if we need to transition over to the convensional systems used by other gyms in the industry.