By clicking "Agree" below, the signatory acknowledges that they understand and agree to all T's & C's contained within this document as legal and binding.
The parent or guardian will be known as "The Signatory"
The child will be known as "The Member"
1.DURATION The signatory agrees to:
1.1. A once off class bundle which will expire per the current advised months at the time of purchase. AND/OR
1.2. An upfront payment for the specified months at the specified amount of classes per week. AND/OR
1.3 A contract option of a month to month contract of the specified classes per week via debit order, until 1 months notice has been received via email to Sultry Studios.
1.4 Contracts will officially start from the 1st of the new month, with pro-rata and registration fee for current month owing if applicable, in advance, upon sign up. 1.5 All payments are non-refundable.
2. REGISTRATION:
2.1 Registration fee will be applicable to all new contracts, apart from bundles. Pro-Rata and registration fees are payable in advance.
2.2 All monthly payments thereafter will be made via Debit order agreement in advance, on or before the 1st of the month.
2.3 Should a student cancel and rejoin, they will be liable for the registration fee again.
3. LOYALTY REWARD PROGRAM
3.1 Not applicable for Youth Programs.
4. CLASS BOOKINGS:
4.1 Session weeks run from Monday to Friday.
For contract students, what is not used within the week will fall away and cannot be carried over to another week.
The signatory understands that it is their duty to book their childs sessions online at least 12 hours in advance of their class.
No shows or late arrivals will forfeit their credit regardless of reason.
Sessions must be cancelled at least 12 hours in advance to carry the credit over to a different class slot and must be used by the end of the current week.
4.2 The signatory understands that class times and days may change from time to time however notification will be provided timeously to cause as little disruption as possible.
4.3 The studio will be closed for a 10 working day period over December/January as well as public holidays. Full fees will be payable for these periods. Classes DO take place over school holidays.
4.4 The child will be registered for the number of classes per week per section. Should you cancel a class within the allocated time frame, you will automatically be recredited that session to be used within the same week.
4.5 Should the child attend a session in which they are not booked for, they will be charged an immediately payable drop-in fee of the current drop in rate.
4.6 The signatory and member understands that the gate will be locked 5 minutes prior to class sessions for security and privacy reasons. Late arrivals will forfeit the session credit, regardless of traffic or other issues.
4.7 Classes which have 3 or less members booked may be cancelled. The member will in this case be automatically reimbursed their credit to be used within 7 days and notified electronically with as much notice as possible.
4.8 Credits which were not used for any reason will fall away. This is including but not limited to students being away, ill, busy etc.
5. CANCELLATIONS & POSTPONEMENTS
5.1 All contract and debit order mandates will continue automatically to run on a month to month basis until 1 month notice of termination has been given to Sultry Studios by the signatory sent via email to info@sultrystudios.co.za. Cancellations via any other method will not be accepted. We reserve the right to track your account and debit any outstanding fees from contracts not cancelled. 5.2 Contracts can be postponed for a maximum of 1 month per 12-month cycle. 1 month notice is required for postponement.
5.3 No refunds on any class packages; bundles; upfront payments or contracts will be issued for any reason – regardless of health, attendance, etc.
5.4 Full contract fees are payable regardless of students’ attendance.
5.5 Your give permission for Sultry Studios to make a final debit order after your cancellation notice at the full invoice rate for your any outstanding amounts on your account.
5.6 Your debit order will be cancelled by Sultry Studios thereafter.
5.7 The signatory agrees that Sultry Studios will cancel the debit order on their behalf and the student will not cancel directly with their bank.
5.8 Contracts CAN NOT be cancelled while there are outstanding fees on your account and will continue collecting monthly fees onto your account as a full member until such notice is received and account is settled in full.
5.9 Contracts may be transferred to another person, with an administration fee of R200 due, and only 1x per 12 months.
6. DEFAULTED PAYMENTS:
6.1 Failure to effect payment in accordance with the terms contained above will result in the studio refusing the member further participation and sending a letter of demand, requesting them to remedy the position. You will be afforded 7 days herein to attend to the same.
6.2 Failure to comply with the demand will result in Sultry Studios handing the matter over to its attorneys for collection of the outstanding amount plus interest per law. The signatory will further be held liable for all attorneys’ costs including fees, disbursements and collection commission on an attorney and own client scale.
6.3 All costs incurred for debt collection will be for the signatories' account.
6.4 All returned debit orders will be charged a 10% administration fee on their Sultry Studios account per month that payment is outstanding.
6.5 All returned debit orders will automatically be charged a R100 collection fee per debit order which is returned. This is payable immediately with the outstanding amount and before your account will be unblocked.
6.6 Membership will be put on hold until full fees are paid.
6.7 Should a debit order be returned 2 or more times, we reserve the right to cancel your debit order membership and allow only upfront payment bundle options. You will, however, still be liable for any outstanding fees to date.
6.8. We reserve the right to downgrade memberships to less classes per week should the student repeatedly not arrive for booked classes at our own discretion.
7. FEE INCREASE:
7.1 Studio fees are subject to an annual increase. The Signatory will be notified via email prior to increase. All debit orders will be adjusted automatically. The member will automatically be moved to the adult pricing option once they turn 18 years.
8. CONSENT & MEDICAL WAIVER:
8.1 The signatory consents to the jurisdiction of the Magistrates Court. The signatory consents to a credit check.
8.2 The signatory agrees to disclose any medical issues; pregnancy, etc. of The member initially and to advise Sultry Studios timeously should the member incur a recent medical problem during their contract.
8.3 The signatory understands that even full disclosure of medical history will not give them any rights to hold Sultry Studios, its employees and or members in relation to any medical issues which they may incur. Members who are medically ill should not participate in classes until they are well again.
8.4 We record that our classes are physically demanding and do carry risk. The signatory warrants that the member is physically and medically fit to attend classes and that they waive any claim against Sultry Studios, its employees, consultants and or members in relation to any loss, damage or bodily harm arising from their participation or attendance of classes on the premises of Sultry Studios.
8.5 Should the member at any time feel dizzy or ill, they are required to advise the instructor and to refrain from further participation in the classes until they feel well enough.
8.6 The signatory further warrants that they shall not have any claim against Sultry Studios, its employees and or members in respect of any loss, damage or harm sustained as a result of any reason including negligence in respect of your person or property while in on the premises.
8.7 Due to the competitive nature of the sport, as well as for your own safety, the member adheres to our Anti-Doping and Drug Free policies, which include your permission for random drug testing.
Right of admission is reserved.
9. HYGIENE AND WELLNESS
9.1 The signatory and member agree to all current national health protocols regarding entry to the premises. Should the member have a fever / cough or other symptoms of illness, you agree to our rights of admission and not be admitted entry for the safety of our staff and students.
10. GENERAL:
10.1 The signatory understands that instructors/trainers create class plans based on a large variety of factors to ensure a safe training environment and agrees that the member will follow the activities given to them by the trainer and Sultry Studios reserves the right to deny participation should the member act in a manner which is deemed as dangerous or disruptive to other members.
10.2 The signatory agrees that the member will adhere to the instruction of the trainer at all times for their safety and to create harmonious, fun classes for all involved.
10.3 The signatory agrees that where there is any change to the contact details contained below that they will update these details online via iTensity. Service of any documents by the parties shall be per the registered email and/or registered post on the domicilum address elected by the parties.
10.4 In the case of a member, who is a minor and may not contract in terms of law, the minor will be required to obtain the consent of her parents. The parents will be required to sign this agreement on behalf of the minor member.
10.5 The signatory consents to all photographs or live footage of the member taken during class; rehearsals and/or performances be used by Sultry Studios for marketing purposes without additional consent unless specifically requested by the Signatory at the time where photos are taken.
10.6 The Signatory agrees that they have read and understood the contents of this agreement and that they have entered this agreement voluntarily and without duress.
10.7 Terms and conditions are subject to change. Signatories will be updated timeously.
10.8 The studio is equipped with a camera for security. Only the owner / manager has access to this footage and will not be shared without legal obligation.
10.9 Sultry Studios is POPIA compliant and your personal information is protected by this. Our full POPIA clause can be found on our website.
11. INDEMNITY
11.1 The signatory hereby release and agree to hold Sultry Studios harmless from, and waive on behalf of themselves, The Member their heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage, or loss to themselves and/or property that may be caused by any act, or failure to act of Sultry Studios, or that may otherwise arise in any way in connection with any services received from Sultry Studios cc. The Signatory understands that this release discharges Sultry Studios cc from any liability or claim that they, their heirs, or any personal representatives may have against Sultry Studios with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Sultry Studios cc. This liability waiver and release extends to Sultry Studios together with all owners, partners, and employees.
11.2 Any issues or concerns must be brought raised within 48 hours of the event and directly to the owner, Lindi Gyokosi, so that we may view the camera footage of the event in question.
12. DROP OFF AND COLLECTION OF MEMBER
12.1 The member needs to be at studio 10 min prior to class start for check in after which we lock the gate for security.
12.2 The gate will open at class end time. Please ensure their lift is waiting as we run back to back classes and do not have a waiting area for late collections.
12.3 We do not allow spectators during class times.
13. AGREEMENT
13.1. The Signatory agrees to be bound to all the terms contained herein, has read and understood each point and shall perform in accordance with her contractual obligations.
