In these Terms, “we”/”us”/”our” means Science in Motion, and “you”/”your”/”yours” means you, the customer. These Terms together with our booking confirmation (whether oral or written) constitute the contract (“the Contract”) between us for the supply of services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.
- All services purchased from Science in Motion must be preceded by you acknowledging, by way of completing your health and fitness profile form, that you have no physical limitations preventing you from participation in our sessions. You will release Science in Motion, its owners, directors, managers and all instructors of all liability regarding any injury to self or child.
- You acknowledge that you are voluntarily participating in our sessions with full knowledge that there is risk of personal injury, property loss or death. You also agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Science in Motion for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
- You must be over the age of eighteen, and proof of age, if requested, must be provided upon demand, to register with us.
FITNESS AND HEALTH
- By agreeing to these Terms and Conditions you hereby confirm that you have no health problems which may affect your participation in our sessions.
- It is your responsibility to check with your GP about your suitability for our sessions and to obtain written consent where necessary. You are advised not to undertake strenuous physical activity without first seeking medical advice if you have concerns over your physical condition and well-being.
- While we take every care to ensure safe practice, there are inherent risks in any exercise programme and we accept no liability whatsoever for any injury or illness you incur through participation in our sessions, or by your failure to notify us of any existing health problems or special needs.
- You should notify us, before attending any session, of any circumstances affecting your health which may be exacerbated through continued sessions and/or which may have arisen or worsened since your last session (if any).
- We reserve the right to refuse access to any customer if we consider that the health of the individual concerned may be adversely affected through participation in our sessions.
BOOKING AND PAYMENT
- By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old and can provide proof of age upon request.
- We use Secure Socket Layer (SSL) encryption to provide a high level of confidence when you make an online payment.
- We cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. By completing the process for an online payment, you are confirming that the credit/debit card being used for the transaction is yours.
- You may change the date and time of your booking at any time up to 24 hours before your session is due. If there are less than 24 hours remaining before the session is due, you will need to book a new date/ time and you will not receive a refund. Similarly, you may cancel a session at any time up to 24 hours before it is due, and you will be credited or refunded its cost.
- In the event that we have to reschedule or cancel a session, you will be offered the opportunity to choose a new date/ time, or the option of receiving a full refund.
LIMITATION OF LIABILITY
- It is your responsibility to ensure that you are capable of undergoing a routine of exercises provided by any programme which you follow or session which you attend. You accept the risk of injury from performing exercises and are advised to consult your GP prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
- Science in Motion accepts no liability for loss or damage to your property or for injury to you, except insofar as such loss, damage or injury is by law incapable of exclusion.
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, computer viruses, power failure or breakdown in machinery.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with South African law and the parties hereby agree to submit to the exclusive jurisdiction of the South African courts.
CHANGES TO TERMS AND CONDITIONS
Science in Motion reserves the right to make changes to these terms and conditions without prior notice.