Leopard Lagree's Terms and Conditions

Last updated: October 3, 2021

Part 1: WARRANTIES AND LIABILITIES


This Part 1 forms part of the agreement between you and Leopard Lagree (Pty) Ltd which agreement includes Part 2: Terms and Conditions. Words used in this Part 1 and defined in Part 2 shall bear the same meaning as defined in Part 2.


A: ACKNOWLEDGEMENTS AND WARRANTIES

 

  1. You warrant that the information given by you in completing the Online Membership Application is true and correct and will be relied on by us.

  2. You warrant that to the best of your knowledge and belief you are in good health, are not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. You acknowledge that it is your responsibility to seek medical advice before engaging in any exercise at Leopard Lagree should you have any concerns over your physical condition and will advise us immediately should your circumstances change.

  3. You shall regularly familiarize yourself with and abide by the Rules of and relate to opening hours, use of facilities and your conduct, which rules you accept may change from time to time. Please also note that no person under the age of 14 is permitted inside a Leopard Lagree, unless by prior written permission of the Gym Manager.

B: LIMITATION OF LIABILITY

 

  1. You agree and acknowledge that you will not hold Leopard Lagree liable for any loss, damage or theft on the part of its employees, independent contractors, consultants and/or members save for loss, damage or theft arising directly out of the gross negligence or fraudulent intent of Leopard Lagree.

  2. In the event that you have opted out of receiving Gym-related communications, you agree and acknowledge that you will not hold Leopard Lagree, its directors, agents, employees and subcontractors liable for any loss incurred by you as a result of not receiving such communication.

  3. You agree to use all facilities and equipment in a proper manner. You agree that Leopard Lagree will not be liable to you or your dependents for any loss or damage (other than loss or damage directly attributable to Leopard Lagree’s gross negligence or fraudulent intent) which you or any third party may suffer as a consequence of your incorrect use of Leopard Lagree’s equipment or facilities or your breach of warranties and acknowledgements provided in A above and whether or not such loss arises from any bodily injury, disability, loss of life or damage to property. You agree that you will be liable for any damage caused to our equipment or facilities through your negligent use of same.

  4. Subject to the provisions of the Consumer Protection Act, Leopard Lagree’s liability to you and/or any other third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by negligence (but excluding gross negligence) of Leopard Lagree, its servants, agents and subcontractors will in any event and under all circumstances be limited to an amount equal to the aggregate of membership fees paid by you to us in terms of this membership agreement for the period of 12 months preceding the date of notification of any claim by you.

  5. You agree that the limitations of liability imposed by this section B of Part 1 is fair and equitable.

  6. For safety reasons please follow the instructions of your trainer at all times.


PART 2: TERMS AND CONDITIONS


This Part 2 forms part of the Leopard Lagree membership agreement between you and Leopard Lagree (Pty) Ltd which includes Part 1: Warranties and Liabilities (the “Membership Agreement” or “this Agreement”) and forms part of the Online Application completed by you.
Leopard Lagree (Pty) Ltd is a private company registered in South Africa with registration number no. 2021/439047/07 with its registered office at The Point Mall Shopping Centre in Sea Point- Shop 310B, 76 Regent Road, Sea Point, Cape Town, 8005, Western Cape
In this Membership Agreement, the terms ‘Leopard Lagree’, ‘us’, ‘ours’ or ‘we’ are used herein to refer to Leopard Lagree (Pty) Ltd. The terms ‘you’ and ‘your’ refer to the named user entering into this membership contract with Leopard Lagree (Pty) Ltd.


A: COMMENCEMENT


By confirming the purchase of a subscription plan, package or single drop in within our online member application, you indicate your acceptance of the terms and conditions of this Agreement at which point this Agreement shall commence and be binding as between the parties hereto, being you and Leopard Lagree. Your membership starts immediately. This Agreement shall continue indefinitely until terminated by either of the parties pursuant to Section C of this Part 2.


B: FEES AND CHARGES


The One Time Fees, Packages and Monthly Fees are payable in advance and can be selected via our website www.leopardlagree.co.za in the member area or within our app Fix by Wix.

  1. One Time Fees (Single Drop ins) and Packages
    The One Time fees and Packages fees due shall be collected by way of debit order from the bank account you nominated in the Online Membership Application completed by you. Additional attempts will be made to collect the Fee if the first attempt is not successful.

  2. Monthly Membership Fees
    The Monthly Membership Fee due by you for any given rolling month thereafter shall be the Monthly Fee which is payable in advance on the 1st day of that rolling month. The Monthly Fee due shall be collected by way of debit order from the bank account you nominated in the Online Membership Application completed by you. Additional attempts will be made to collect the Monthly Fee if the first attempt is not successful.

  3. Fee Changes:
    3.1. Leopard Lagree reserves the right to implement changes to the Fees at such times and in such manner as it may in its sole discretion determine and will provide you with one month’s notice of any fee increase.
    3.2. If you are unwilling to pay the increased Monthly Fee, you may terminate this agreement as provided for in Section C of this Part 2.
    3.3. From time to time, Leopard Lagree may offer discounts to the normal Monthly Fee. This will be clear during your online Joining process, and confirmed in your Welcome email. You will also be able to see these discounts in the Manage Transactions section of your online Member’s Area, where each month you will see the normal Monthly Fee, followed by any discounts which may apply, followed by the net amount taken via debit order. When the discounts end, the normal Monthly Fee will continue to apply.


C: TERMINATION

 

  1. You may terminate this Agreement via your Members Area at www.leopardlagree.co.za. Should you terminate this Agreement before midnight CAT on the last day of any particular rolling month, this Agreement will terminate as at the end of that rolling month, with no cancellation fee due. Should you notify us of your intention to terminate this Agreement on or after midnight CAT on the last day of any particular rolling month, this Agreement will terminate at the end of the following rolling month.

  2. We may terminate this Agreement on written notification to you should you breach any of the terms and conditions set out in this Agreement or breach the Rules of Membership which are displayed prominently in the Gym.

  3. Upon termination of this Agreement, your membership of Leopard Lagree shall cease and you shall no longer have access to the Gym and the use of its facilities.


D: NOTICES TO Leopard Lagree

 

  1. All your communication with us, including the service of any written notice pursuant to this agreement, may be transmitted to us via the Contact Us area online, through the Leopard Lagree website at the following web address: www.leopardlagree.co.za. Any notice transmitted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us at the time such notice is transmitted.

  2. Additionally, an email can be sent to info@leopardlagree.co.za. Any notice transmitted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us at the time such notice is transmitted.

  3. Alternatively, and only in the event that you are unable to access or communicate via the Membership Area, notices may be delivered by prepaid registered post to the following physical address: Leopard Lagree, The Point Mall Shopping Centre in Sea Point- Shop 310B, 76 Regent Road, Sea Point, Cape Town, 8005, Western Cape. Any notice posted in this manner shall be presumed, unless the contrary is proved by us, to have been received by us 14 days after the date of posting.


E: GENERAL TERMS

 

  1. You agree to advise us immediately of any change to any of the details provided by you in the Members Area on the Leopard Lagree website, or in the course of completing the Online Membership Application.

  2. You will be entitled to all the rights and privileges exercisable for the product selected by you in Part 1 “Membership Selection” of the Online Membership Application.

  3. You cannot transfer or assign this Membership Agreement to anyone else.

  4. It is our policy to empty all lockers every evening. Any items remaining will be stored for 48 hours and deemed abandoned thereafter. We reserve the right to charge you for the storage and removal of items left in lockers.

  5. You may not permit another person to use your membership rights and privileges.

  6. We may close our Areas therein at our discretion for reasonable periods of time to carry out maintenance, repairs, refurbishment or cleaning.

  7. We reserve the right to take photographs of our premises for marketing purposes and you consent to your incidental inclusion in same.

  8. If we take no action or let you off any breach of this Agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this Agreement strictly at a future date.

  9. We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. Your rights under this Agreement will not be prejudiced.

  10. You choose as your domicilium citandi et executandi for all purposes under this Agreement, the physical address, mobile number and/or e-mail address as specified in “My Details” in the Members Area on www.leopardlagree.co.za which initially are those supplied by you in Step 2 “Personal Details” of the Online Membership Application, and which may be updated by you at any time in the Members Area thereafter, for the purposes of serving notices in terms of this Agreement.

  11. All notices in terms of this Agreement must be in writing and if delivered: by pre-paid registered post, shall be deemed to have been delivered within 14 days of posting; by hand, shall be deemed to have been received at the time of delivery; and by fax or e-mail, shall be deemed to have been received on the first day following transmission.

  12. This Agreement is governed by South African Law and you consent to the non-exclusive jurisdiction of the Western Cape High Court in South Africa in respect of any proceedings arising out of this Agreement that may be brought by us against you.

  13. The invalidity, unenforceability or illegality of any term of this Agreement, under the laws of any jurisdiction, shall not affect the validity, enforceability or legality of the remaining terms and should it be determined that one or more terms are invalid, unenforceable or illegal, such term shall be deemed to be severed from this Agreement and the remaining terms of this Agreement shall in all other respects remain in full force and effect.