First say to yourself what you would be;
and then do what you have to do.
―Seneca (c. 4 BC— c. AD 65)
These terms and conditions govern the contractual relationship between Forge Fitness CC, a close corporation registered in Windhoek, that owns and manages The Forge, a gym that provides limited and exclusive memberships to dedicated and passionate fitness enthusiasts.
The provisions aim to be simple and clear; they are not exhaustive and may be amended from time to time as the need arises.
“Forge Fitness CC” is a close corporation registered in Namibia; it owns and manages The Forge.
“The Forge” refers to the physical space occupied by the gym.
A “membership” is a contractual agreement between Forge Fitness CC and a person training at The Forge. A “Forge Pass” is another name for a membership. The two terms can be used interchangeably. Forge Fitness CC has one hundred (100) memberships or Forge Passes available.
Each membership or Forge Pass is recorded in “The Forge Chain”, The Forge’s membership roster. Each Forge Pass has a particular number to identify its holder.
A “member” is a person who has a membership contract with Forge Fitness CC, in accordance with the terms and conditions provided below, for training at The Forge.
1. MEMBERSHIP (FORGE PASSES)
- A person becomes a member of The Forge once the membership form is duly completed, signed, accepted by Forge Fitness CC, and the first monthly fee has been paid.
- Each membership is valid from the membership start date and terminates on 31 December.
- Memberships are continuous and cannot be suspended (paused for a period of time). They are renewed on an annual basis and may be cancelled (stopped completely) at any time by a member (see cancellation procedures in Section 5).
- Memberships are personal. They are non-transferable and cannot be leased or lent to third parties.
- The minimum age for applying for membership is eighteen (18) years.
2. MEMBERSHIP FEES
- Membership fees are non-refundable.
- Membership fees become due on the twenty-fifth (25th) day of each month.
- Fees are payable on or before the fifth (5th) day of the proceeding month.
- Members are required to setup a recurring payment on their nominated account which ensures that membership fees are paid to and received by Forge Fitness CC by the fifth (5th) of each month.
- Each member must use their Forge Pass name as a reference when making their payment.
- Proof of payment must be sent to firstname.lastname@example.org.
- Once Forge Fitness CC has the facilities to migrate to debit orders it shall do so. The migration will be communicated to members in terms of Section 6.2.
- If debit orders are not successful on the due date Forge Fitness CC may, without notice, debit a member’s nominated account.
- Fees incurred for late or dishonoured debit orders will be charged to a member’s account.
- A once-off, non-refundable joining fee of NAD300.00 is payable.
- If a member cancels their membership and wants to rejoin within six (6) months of cancellation, a NAD100.00 setup fee will apply.
- If a member cancels their membership and wants to rejoin after six (6) months of their cancellation, the joining fee of NAD300.00 will be payable.
- Rejoining is possible only if there are Forge Passes available.
- Members may choose to pay for their memberships three (3), six (6), or twelve (12) months in advance.
- If any amount payable for a membership is not paid on the due date, access to The Forge and other services will be suspended until the account is settled.
- Forge Fitness CC reserves the right to increase or reduce membership fees. Written notice of such increases or reductions will be sent to each member’s listed address in terms of Section 6.2 at least thirty (30) days prior to the increase or reduction.
- After notice has been given, members must amend their recurring payments to reflect the new increases or reductions.
- If payments are processed via debit orders, then members authorise Forge Fitness CC to increase or reduce the debit orders to their nominated bank accounts.
3. CODE OF CONDUCT
- All members must adhere to The Forge’s Code of Conduct.
- Should a provision in the Code of Conduct be unclear, further explanation can be sought from The Forge’s staff.
4. BUSINESS HOURS
- Members can use The Forge’s facilities during scheduled business hours.
- The Forge is open from 05h30 to 20h00 on weekdays (Monday to Friday) and on Saturdays from 08h00 to 14h00.
- The Forge is open on select public holidays with operational hours on such days being communicated to members in advance.
- From time to time The Forge may need to be closed for refurbishment or maintenance. Forge Fitness CC has discretion on whether compensation will be offered for such closures.
- Members must provide fourteen (14) days of notice before cancelling their memberships. Such notice is given by completing, signing, and submitting the cancellation form to Forge Fitness CC.
- Members are liable for full membership fees until the date of cancellation.
- Memberships cannot be cancelled if there are outstanding payments on a member’s account. The account must be fully paid-up for a cancellation request to proceed.
- If more than six (6) months remain on the duration of a membership, the cancellation fee is NAD1,500.
- If less than six (6) months remain on the duration of a membership, the cancellation fee is NAD1,000.
- Members must keep Forge Fitness CC informed of any changes to their street, postal, or e-mail addresses, mobile numbers, bank account details, and their next-of-kin’s contact details.
- Communications are primarily sent to a member’s email address. Where expediency is needed, communications are sent to their mobile number. Street and postal addresses are a tertiary communication method and will be used only when it is practical to do so.
7. HEALTH AND SAFETY
- Each member warrants that they will not use The Forge’s facilities whilst suffering from any infections, contagious illness or disease, or whilst they are suffering from any physical ailment such as open cuts, sores, or minor infections which pose a health risk, however small, to other members.
- At no time should a member enter The Forge under the influence of alcohol, illicit drugs, or medications that state strenuous activity should be avoided on the warning label.
- In the event of an emergency, members must follow all emergency instructions issued by The Forge’s staff.
- Weapons are not permitted at The Forge and should not be brought to the premises.
- Due to The Forge’s location in The Old Paint Factory, access to courtyard parking is sometimes restricted during particular hours.
- Courtyard parking is generally available on weekdays (Monday to Friday) from 05h30 to 20h00. Upon arrival, members can remove the traffic cones and park in front of The Forge.
- Should courtyard parking not be available on weekdays (Monday to Friday), members are required to park in front of The Old Factory’s street parking space on Lazarret Sreet and enter through the Bell Street entrance.
- On Saturdays and select public holidays, members are permitted to park in the courtyard regardless of the hour.
- Members may not park in front of The Forge’s main entrance (black gate) or exit (white gate) or in such a way that clientele visiting its neighbours’ business premises are obstructed.
9. INTERNET ACCESS
- Each member can access the internet from The Forge’s WiFi network using their Forge Pass details (username and password).
- Each member is allocated 1GB of bandwidth per month to stream music or fitness instruction videos for their training sessions.
- Bandwidth usage is monitored; blocking of particular websites, the use of which constitutes an abuse of bandwidth, will be implemented where necessary.
- Bandwidth is automatically refreshed at the end of each month.
- In the event a members’ bandwidth is exhausted before the end of the month, more bandwidth can be requested from The Forge’s staff. The awarding of more bandwidth is discretionary.
- Lockers are available at The Forge for members to store their bags and other possessions during training.
- Padlocks for securing the lockers can be borrowed from The Forge. They must be returned to The Forge’s staff at the end of a training session.
- Lockers may not be used for storing members’ possessions overnight.
11. VARIATION AND SEVERANCE
- Forge Fitness CC may alter the terms and conditions of membership. Written notice will be delivered to members’ listed addresses in terms of Section 6.2 fourteen (14) days before such alterations are made.
- If any part of these terms and conditions becomes void or unenforceable, such part will not invalidate the others.
12. INTELLECTUAL PROPERTY
- These terms and conditions do not give a member any intellectual property rights in Forge Fitness CC, The Forge, or any services or products.
- Forge Fitness CC, The Forge, their staff, third-party agents, and other members will not be liable for any theft, loss, damage, or injury.
- Every member enters The Forge and uses its facilities at their own risk.
- From time to time, certain third-party contractors may provide particular services at The Forge. Fees for such services are paid directly to the contractors. Forge Fitness CC takes no responsibility for the fees paid to these contractors.
- Forge Fitness CC may terminate or suspend memberships without prior notice or liability for any reason whatsoever, including, without limitation, the breach of the terms and conditions and the Code of Conduct.
- Provisions which, by their nature, should survive termination shall do so including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
- The laws of the Republic of Namibia shall govern the membership agreement.