General Indemnity
I, the member, hereby confirm that I am physically and medically capable of participating in the stretch therapy and engaging in the stretching routine. I acknowledge and accept that I will undertake the stretch therapy and stretching routine at my own risk. I hereby indemnify and hold Getstretched (PTY) LTD, trading as Get Stretched, including its directors, employees, agents, representatives, franchisees, flexologists, and any other individuals involved in my stretch therapy and stretching routine, completely harmless and free from any blame, against any claims, liabilities, damages, or losses of any kind arising from or related to my participation in the stretch therapy and stretching routine, whether directly or indirectly. This indemnity also extends to waiving any claims arising solely from my presence at a Get Stretched facility. This indemnity remains binding on my estate, executor, heirs, administrators, parents, or guardians.
1) STRETCH SESSIONS – At the beginning and throughout the duration of the Membership Agreement, the member has the option to choose and reserve a preferred time slot for their stretch session, subject to availability. Alternatively, the member may utilize the designated booking system to schedule their stretch sessions or at their Get Stretched Studio. If the member is unable to attend a previously scheduled stretch session and provides a notice of cancellation within the specified notice period, they may be eligible to make up for the missed session, subject to availability and the discretion of the Get Stretched Studio. This opportunity for rescheduling is applicable as long as the membership remains active, and all payments are up to date.
2) 12 HOUR NOTICE RULE – At Get Stretched, we have implemented a firm policy regarding notice periods for session cancellations. A notice period of 12 hours applies to all time slots. It is essential for the member to notify their Get Stretched Studio promptly if they are unable to attend their scheduled session. This notification is necessary to qualify for a catch-up session or credit, as described in the aforementioned details.
3) ADDITIONAL TOP-UP STRETCH SESSIONS – The member has the option to purchase extra stretch sessions at any time. These sessions will be available at a pro-rata fee, equivalent to the cost per session of their respective selected membership package.
4) GENERAL TERMS AND CONDITIONS, PRIVACY POLICY, AND CODES OF CONDUCT – Get Stretched, along with its franchise-operated studios, may establish and update general terms and conditions, privacy policies, and codes of conduct. These documents can be found on the Get Stretched website (https://getstretched.co.za), and it is important to note that they are incorporated into the Membership Agreement, as applicable.
5) MEMBERSHIP AGREEMENT CANCELLATION –
By entering into the Membership Agreement, the member acknowledges and agrees to comply with its terms. In the event of an early cancellation by the member, Get Stretched reserves the right to apply a reasonable cancellation penalty based on the services initially intended to be provided. The following cancellation procedures apply:
5.1. For 6, 12, and 24 Month Contracts – The member can cancel a 6, 12, or 24-month contract Membership Agreement by providing one (1) month’s written notice. The notice must be sent via email to their respective Get Stretched studio. Please note that SMS or WhatsApp messages will not be considered as valid notice. If the cancellation occurs during the initial contractual period, a cancellation fee of 35% of the remaining contract value will be charged.
5.2. After the initial contractual period, the member can cancel the Membership Agreement by providing one (1) month’s written notice, which should be sent via email to their Get Stretched studio. No cancellation fee will be applicable in this scenario.
5.3. Get Stretched reserves the right to cancel the Membership Agreement by providing one (1) month’s written notice to the member if the member fails to comply with the terms of the agreement. However, the member will have the opportunity to rectify the failure within the notice period. If the Membership Agreement is cancelled by Get Stretched as stated above, the membership will be terminated.
5.4. Memberships and stretch sessions are non-transferable and cannot be transferred to other individuals.
6) MEMBERSHIP ON-HOLD – The member has the option to temporarily suspend their membership for a minimum of 1 month up to a maximum of 3 months within a 12-month cycle, but only for valid medical reasons. To initiate the freeze, the member must provide a medical certificate from a registered medical practitioner. It’s important to note that the membership must be in good standing with no outstanding payments. During the freeze period, the minimum contract period, if applicable, will be extended by the number of months the membership is put on hold.
7) MEMBERSHIP AGREEMENT EXPIRY, RENEWAL & FEE ADJUSTMENTS – In the case of 6, 12, and 24 month contracts, once the Membership Agreement reaches its expiration date, unless the member provides a written notice to Get Stretched at least one (1) month prior to the expiry date, the agreement will automatically continue on a month-to-month basis with any revised terms and conditions, including any membership fee adjustments that were applied during the initial contract period. At this point, the member has two options:
7.1) Cancel the Membership Agreement by submitting a written notice of termination, requiring one (1) month’s notice. It’s important to note that no cancellation fee, as outlined in clause 5 above, will be applicable in these circumstances.
7.2) Enter into a new Membership Agreement with Get Stretched, subject to the prevailing terms and conditions.
Membership fees for all types of contracts will be subject to an annual increase on January 1st, based on the Consumer Price Index (CPI) and commercial requirements, at Get Stretched’s sole discretion.
8) PAYMENT METHODS – The following payment methods are accepted:
8.1) Joining Fee: The joining fee is payable by the member upon starting the agreement and can be paid by card or electronic funds transfer (EFT) at the studio. The joining fee is non-refundable. In the event of membership cancellation and subsequent rejoining, the joining fee will be applicable again at that time.
8.2) Membership Agreements: The member agrees to the following payment terms:
8.2.1) Monthly membership fees are to be paid via debit order
8.2.2) Debit orders will be processed by the Get Stretched Accounts Department on either:
8.2.2.1) the 25th day of each month in advance for the upcoming month, or
8.2.2.2) the 1st day of the current month, or on the 15th day of each month for the upcoming month.
8.2.3) If a debit order/payment is returned or declined for any reason, or if the member cancels the Membership Agreement without paying the agreed-upon and reasonable cancellation fee (as specified in clause 5 above) according to the terms of the signed agreement, Get Stretched reserves the right to take immediate legal action to recover the outstanding amounts owed, including associated legal costs on an attorney and own-client scale.
9) VALUE ADDED TAX (VAT) – All membership fees stated in this Agreement include Value Added Tax (VAT) and are subject to change in accordance with the regulations set forth by the South African Revenue Services.
10) CHOSEN ADDRESS FOR SERVICE
The member has specified their preferred address for service on the cover page of this agreement.
11) COOLING-OFF PERIOD – If the member enters into a Membership Agreement with Get Stretched as a direct response to a Direct Marketing Campaign initiated by Get Stretched, specifically targeting the member through mail or electronic communication, the member has the right to cancel the agreement within a 5-day cooling-off period. This right allows for cancellation without providing any reason or incurring penalties. However, if the member has utilised their membership during the cooling-off period, they will need to follow the cancellation procedures outlined in clause 5 above. It’s important to note that this right to cancel falls within the provisions of the Consumer Protection Act 68 of 2008.
12) PERSONAL INFORMATION – Get Stretched acknowledges the member’s expectation of keeping their personal information confidential. Get Stretched commits to taking all reasonable and necessary measures to protect the provided personal information. However, the member acknowledges that complete protection of information cannot be guaranteed. In the event of a breach in Get Stretched’s security measures, the member will not hold Get Stretched liable, regardless of the nature or circumstances of the breach. Get Stretched will not sell or share personal information with any third party but may utilize it to manage the membership, provide services outlined in the Membership Agreement, and communicate promotional information about products, services, special promotions, and similar offerings from Get Stretched. If the member wishes to opt out of receiving such promotional communications from Get Stretched or its franchisees, they can send an email to Get Stretched to request removal from promotional distribution lists. However, Get Stretched will continue to maintain contact with the member regarding their membership.