TERMS AND CONDITIONS

1.
DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement and the Recitals, unless clearly inconsistent with or otherwise indicated by the context –
1.1.1 “Agreement” means these terms and conditions accepted by the Client in terms of the Invoice together with completed annexure “A” and annexure “B” hereto.
1.1.2 “Business Days” mean any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa and “Business Day” has a corresponding meaning and in the event that a day referred to in this Agreement should fall on a day which is not a Business Day, then the relevant date shall be extended to the next succeeding Business Day.
1.1.3 “Client” shall mean any person to whom the Studio renders Services.
1.1.4 “Course/s” shall mean services advertised by the Studio as a course, and shall consist of a set number of Private Classes or Group Classes sold as a unit for a set number of weeks at a set time, and as better described in the Invoice.
1.1.5 “Date of Signature” means the date of acceptance of these terms and conditions by the Client.
1.1.6 “Group Classes” shall mean training given by the Instructor to the Client among a group of other clients, in any one or a combination of the following disciplines:
1.1.6.1 Aerial Hoop;
1.1.6.2 Aerial Hammock;
1.1.6.3 Aerial Pilates;
1.1.6.4 Pilates;
1.1.6.5 Pole Fitness;
1.1.6.6 Floor Stretch;
and as better described in the Invoice.
1.1.7 “Instructor/s” means Jade Lourens or Alison Ballard, or any other party appointed as such by the Studio.
1.1.8 “Invoice/s” means the invoice/s rendered by the Studio to the Client for Courses, Group Classes, Other Services, Private Classes or Workshops.
1.1.9 “Other Services” shall mean, inter alia, private functions, parties and events at which the Studio, Instructors or its employees are required to perform certain services at the Premises, and as better described in the Invoice.
1.1.10 “Parties” mean the Studio and the Client and “Party” means either of them as the context may indicate.
1.1.11 “Premises” means Unit 2 Upstairs, 69 Lynnburn Road, Lynnwood, Pretoria (“Studio`s property”) or any other property at which Courses, Group Classes, Other Services, Private Classes or Workshops are rendered by the Studio, and as better described in the Invoice.
1.1.12 “Private Classes” mean private (ie “one on one”) training given by the Instructor to the Client in any one or a combination of the following disciplines:
1.1.12.1 Aerial Hoop;
1.1.12.2 Aerial Hammock;
1.1.12.3 Aerial Pilates;
1.1.12.4 Pilates;
1.1.12.5 Pole Fitness;
1.1.12.6 Floor Stretch;
1.1.12.7 Competition Training;
and as better described in the Invoice.
1.1.13 “Services” shall mean either Courses, Group Classes, Other Services, Private Classes or Workshops, as described in the Invoice.
1.1.14 “Workshop/s” shall mean specialised services advertised by the Studio as a workshop, and as better described in the Invoice.
1.2 Interpretation
1.2.1 In this Agreement, unless clearly inconsistent with or otherwise indicated by the context –
1.2.1.1 any reference to the singular includes the plural and vice versa;
1.2.1.2 any reference to natural persons includes legal persons and vice versa; and
1.2.1.3 any reference to a gender includes the other gender.
1.2.2 Where appropriate, meanings ascribed to defined words and expressions in clause 1.1 shall impose substantive obligations on the Parties.
1.2.3 The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
1.2.4 The use of the word “including” followed by a specific example or examples shall not be construed or interpreted as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording and/or such specific example or examples.
1.2.5 Where any term is defined in this Agreement within the context of any particular clause or sub-clause, the term so defined shall, unless it appears clearly from such clause or sub-clause that such term has limited application to the relevant clause or sub-clause only, bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that such term has not been defined in clause 1.1.
1.2.6 This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

2.
FEES
2.1 Invoices are payable in advance and on the due date/s described therein.
2.2 Payment must be made electronically into the following bank account:
Beneficiary: Aerial Flow (Pty) Ltd
Bank: First National Bank
Branch: 252045
Account number: 628 826 744 95
Reference: (your name and surname)
2.3 The Studio`s booking application (“App”) can be used to facilitate payment via EFT.
2.4 The Services shall only be rendered to the Client if the Invoice for the Services is paid in full.
2.5 If any fees in terms of the Invoice is outstanding, the Studio, in addition to the remedies available to it in terms of this Agreement or at law, shall withhold the Services until payment is made in full.

3.
PRIVATE AND GROUP CLASSES
3.1 The Client shall book a time slot for Private Classes and Group Classes, whichever is applicable on the App or online by completing the booking form at www.flowstudios.co.za. Private Classes and Group Classes must be booked at least 24 (twenty four) hours in advance.
3.2 The Client shall be entitled to reschedule a Private Class and Group Class by providing the Studio at least 24 (twenty four) hours` written notice thereof.
3.3 The Studio shall after receiving the aforesaid notice and at its sole discretion, reschedule a Group Class to a next available date and time; subject thereto that such class shall only be capable of being rescheduled to a date not succeeding the immediate following week in which the class was initially scheduled, if not group class is available in the same week as was initially booked.
3.4 The Studio shall after receiving the aforesaid notice and at its sole discretion, reschedule a Private Class to a next available date and time; subject thereto that such class shall only be capable of being rescheduled to a date not succeeding the last day of the calendar month in which it was initially booked.
3.5 The Client shall be entitled to reschedule no more than 2 (two) Private Classes or Group Classes booked during a month.
3.6 If the Client:
3.6.1 does not timeously book a Private Class or Group Class as required in terms of clause 3.1 above; or
3.6.2 misses a Private Class or Group Class without having provided the requisite notice in terms of clause 3.2 above; or
3.6.3 fails to reschedule the Private Class or Group Class as required in terms of clause 3.3 and clause 3.4 above; or
3.6.4 reaches the limit of rescheduled Private Classes or Group Classes prescribed in clause 3.5 above; or
3.6.5 arrives more than 15 minutes late for a Private Class or Group Class; or
3.6.6 is asked to leave the Premises due to her failure to comply with the Studio`s rules as stipulated in clause 6 below,
the Client shall forfeit such Private Class or Group Class and shall not be entitled to a refund of the fees paid for that class or any form of credit entitling the Client to an additional Private Class or Group Class, whichever is applicable.
3.7 If a Private Class or Group Class is rescheduled by the Studio, the Client shall be notified by the Studio of a new date and time on which such class shall be conducted. Such rescheduling shall be done at the sole discretion of the Studio.

4.
COURSES AND WORKSHOPS
4.1 A course is sold as a unit and classes within the course are not refundable or transferable. Workshops missed are not refundable or transferable.
4.2 If the Client:
4.2.1 misses a Course (or any class within the Course) or a Workshop
4.2.2 arrives more than 15 minutes late for a Course (or any Class within the Course) or Workshop; or
4.2.3 is asked to leave t Premises due to her failure to comply with the Studio`s rules as stipulated in clause 6 below,
the Client shall forfeit such Course (or class within the Course) or Workshop and shall not be entitled to a refund of the fees paid therefor or any form of credit entitling the Client to another Course (or Class within the Course) or Workshop.
4.4 If a Workshop or Course (or class within a Course) is rescheduled by the Studio, the Client shall be notified by the Studio of a new date and time on which such Workshop or Course (or class within a Course) shall be conducted. Such rescheduling shall be done at the sole discretion of the Studio.

5.
OTHER SERVICES
5.1 Other Services shall be conducted strictly on the date and time stipulated therefor in the Invoice.
5.2 The Studio shall require payment of 50% of the amount payable in terms of the Invoice as a non-refundable deposit to confirm the Client`s booking of the Other Services (“deposit”). If the deposit is not paid, the booking shall not be confirmed and be forfeited.
5.3 The balance of the amount payable in terms of the Invoice must be paid at least 72 (seventy two) hours before the scheduled date of the Other Services. If the Client does not timeously make the latter payment, the booking shall be forfeited and the Studio shall be entitled to retain the deposit as damages.
5.4 If the Client cancels the booking within 72 (seventy two) hours but before 24 (twenty four) hours of the scheduled date of the Other Services, the Client shall be entitled to a refund of the balance of the invoice paid in terms of clause 5.3 and the Studio shall be entitled to retain the deposit as damages.
5.5 If the Client cancels the booking later than 24 (twenty four) hours of the scheduled date of the Other Services, the Client shall not be entitled to any refund of the monies paid in terms of the Invoice (including the deposit) and the Studio shall be entitled to retain such amounts as damages.
5.6 The deposit shall not be refundable, irrespective of when notice of cancellation is received.
5.7 Rescheduling of Other Services shall be done at the sole discretion of the Studio.

6.
DISCLAIMER AND RULES
6.1 The Client shall at all times treat the Instructor and other clients with respect.
6.2 The Client shall at all times use the Studio`s property and equipment with due care. The Client acknowledges that she shall be liable for any damages sustained to the Studio`s property or equipment as a result of her wilful or negligent conduct, and hereby indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any damages caused as a result of her aforesaid conduct.
6.3 It is the responsibility of the Client to disclose any pre-existing medical conditions to the Studio. The Client shall do so by completing the attached questionnaire marked annexure “A”. Should the Client`s medical condition change at any time, including pregnancy, the Client shall immediately inform the Studio thereof. The Studio reserves the right to demand a medical certificate from a doctor which certifies that the Client is fit to partake in any Services before it shall allow the Client to partake therein.
6.4 The Client understands the nature of the Services and the risks and dangers involved in participating in the Services. The Client shall attend the Studio`s property and participate in the Services and use the Studio`s equipment at her own risk. The Client (including her executor/s, administrators, assigns or anyone else who could claim on the Client`s behalf) hereby irrevocably indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any injury (including any injury or medical condition which may be aggravated due to a pre-existing medical condition), death, theft, loss or damage (including damages to property), of whatsoever nature, sustained by the Client as a result of her attendance of the Studio`s property or participation in the Services or use of the Studio`s equipment. The Client (including her executor/s, administrators, assigns or anyone else who could claim on the Client`s behalf) abandons and waives any claim relating to the aforesaid against the Studio (including its Instructors, staff, agents, subcontractors and representatives).
6.5 In the event of the Services being rendered at any premises other than the Studio`s property, the Client (including her executor/s, administrators, assigns or anyone else who could claim on the Client`s behalf) irrevocably indemnifies and holds the Studio (including its Instructors, staff, agents, subcontractors and representatives) harmless against any injury (including any injury or medical condition which may be aggravated due to a pre-existing medical condition), death, theft, loss or damage (including damages to property), of whatsoever nature, sustained by the Client or any other person attending such other premises. The Client (including her executor/s, administrators, assigns or anyone else who could claim on the Client`s behalf) abandons and waives any claim relating to the aforesaid against the Studio (including its Instructors, staff, agents, subcontractors and representatives).
6.6 No alcohol or other intoxicating substances may be used at the Studio`s property and Clients may not be intoxicated during Courses, Group Classes, Private Classes or Workshops.
6.7 No smoking is allowed at the Studio`s property, save at designated smoking areas.
6.8 The Client shall be dressed properly and decently for the particular discipline; no nudity is allowed at the Premises.
6.9 No jewellery is permitted while performing in any aerial discipline.
6.10 Right of admission to the Studio`s property shall at all times be reserved. No unauthorized persons shall be allowed on the Studio`s property without the Studio`s or Instructor`s consent.
6.11 The Client shall follow any rules or directions conveyed to her by the Studio or the Instructors.
6.12 If the Client, or any other person attending the Services fails to adhere to any of the above rules, the Client or other person may be asked to leave the Studio`s property or Premises immediately.
6.13 The Studio`s Privacy Policy is attached as Annexure “B”. The Client agrees that her personal information may be processed and used by the Studio as specified therein.
6.14 The Client hereby gives consent to the Studio to use photos or videos taken during Services in which the Client is portrayed on all its social media platforms, including Facebook and Instagram.
6.15 Clients under the age of 16 (sixteen) years shall at all times be accompanied by a parent / guardian.
6.16 If the Client is a minor (i.e. a person under the age of 18 (eighteen)), she must be assisted by or requires the consent of a parent / guardian when entering into this Agreement. By affixing his / her signature to the Invoice, the parent / guardian consents to the minor Client entering into this Agreement. In addition, the parent / guardian binds himself / herself as surety in solidum for and as co-principal debtor jointly and severally with the minor Client for the due and punctual payment by minor Client in terms of this Agreement and for the due and punctual performance and discharge by the minor Client of all her obligations under this Agreement from whatsoever cause and howsoever arising.

7.
TERMINATION
7.1 Should either Party commit a breach of any of the provisions of this Agreement, and fail to remedy such breach within 7 (seven) Business Days after receiving written notice to do so, then the aggrieved Party shall, without prejudice to such other rights available to it in terms of any other provision contained in this Agreement or at law, be entitled to:

7.1.1 cancel this Agreement against the defaulting Party and claim damages; or

7.1.2 claim specific performance by the defaulting Party of all its obligations in terms of this Agreement.

8.

JURISDICTION AND LEGAL COSTS

8.1 For purposes of instituting legal action in terms of this Agreement, the Parties consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944, as amended from time to time.

8.2 In the event of legal action being instituted by either Party due to a breach of the terms of this Agreement, the defaulting Party shall be liable to pay the aggrieved Party`s legal costs on an attorney and client scale.

9.

CERTIFICATE OF INDEBTEDNESS

A certificate signed by a duly authorised representative of the Studio, whose appointment and authority need not be proven, setting out the amounts owing to the Studio by the Client shall, for purposes of any legal action instituted against the Client, serve as prima facie proof of the amounts owed to the Studio.

10.
CESSION

The Studio may cede, assign or pledge its rights in terms of this Agreement without the consent of the Client.

11.

DOMICILIA AND NOTICES

11.1 The Parties choose the following as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature:

11.1.1 The Studio:
Unit 2 Upstairs
69 Lynnburn Road
Lynnwood, Pretoria
E-mail: info@flowstudios.co.za
Tel: 082 446 2610 / 078 479 3606

11.1.2 The Client:
As stipulated in the Invoice

11.2 Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing but it shall be competent to give notice by email.

11.3 Any Party may by notice to any other Party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that Party to another physical address in the Republic of South Africa or its email address, provided that the change shall become effective vis-à-vis that addressee on the 7th Business Day from the deemed receipt of the notice by the addressee.

11.4 Any notice to a Party:

11.4.1 sent by prepaid registered post in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the 7th Business Day after posting (unless the contrary is proved);

11.4.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or

11.4.3 sent by email to its chosen email address shall be deemed to have been received on the date of despatch if on an ordinary Business Day (unless the contrary is proved) and provided that an electronic delivery receipt can be provided.

11.4.4 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

12.
WHOLE AGREEMENT
This Agreement constitutes the sole record between the Parties as to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This Agreement supersedes and replaces all prior commitments, undertakings or representations, whether oral or written between the Parties in respect of the subject matter hereof.

13.
VARIATION
No addition to or variation, consensual cancellation or novation of this Agreement or any provisions therein contained, including the provisions of this clause, and no waiver of any right arising from this Agreement or its breach or termination, shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives.

14.
RELAXATION
No latitude, extension of time or other indulgence which may be given or allowed by any Party to any other Party in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

15.
SEVERABILITY
The Parties acknowledge that each provision (or, where relevant, each component thereof) of this Agreement is separate and severable. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining provisions of this Agreement and shall be treated as pro non scripto, without in any way invalidating the remaining terms of this Agreement which shall remain in full force and effect.