I look forward to help you with your training program. Together we will reach your fitness goals.

To get started, I would appreciate if you can share some of your details with me.
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Name *

 
Surname *

 
Date of birth *

 
Whatsapp Number *

 
City *

 
Gender *


 
What is your goal? *

What do you want to achieve with an exercise program?
 
What is your current body weight (in kg)? *

 
What is your height (in cm)? *

 
What kind of exercises do you enjoy?

 
Payment option:


 
Payment option B - Debit order

Please deduct my monthly subscription fee from my Namibian bank account:
 
Bank

 
Account holder

 
Branch

 
Branch number

 
Account number

 
I confirm I have read the Fx Fitness Terms and Conditions and accept them. *

TERMS AND CONDITIONS OF FX FITNESS SUBSCRIPTION AGREEMENT
1) Interpretation
a) The headings to the clauses of this agreement are for reference and convenience purposes only and shall not aid in the interpretation of the clauses to which they relate.
b) In this agreement unless contrary intention clearly appears –
i) the singular shall include the plural and vice versa;
ii) words indicating persons shall include partnerships, companies, closed corporations and other legal personae;
iii) words indicating the one gender shall import and include the other genders.
c) The following words shall have the meaning herein assigned to them unless the context otherwise indicates-
i) “Subscription fee” mans the charge for a specified unit of services as set our in the rate.
ii) “Charges” means the monthly subscription fees, late payment charges, administrative fees and any other charges determined by Fx and notified to the Member from time to time and which are payable by the Member to Fx in consideration for the provision of the Services by Fx.
iii) “Commencement Date” means the date upon which Fx signs the acceptance of the application by the Member to conclude this agreement. iv) “Contract period” means a 1 (one) month period or 12 (twelve) month period, as per selected subscription option.
v) “Due date” means (i) for the monthly subscription fee the first (1) working day of the month; (ii) for the annual fee the first (1) working day of the month of the anniversary date of commencement of the unit of services; and (iii) for any other charges 7 (seven) days after the billing date.
vi) “Monthly subscription fee” means the monthly charge for use of the Services as set our in the rate.
vii) “Application” shall mean the application appearing in the Subscription Application made by the Member to Fx to conclude this agreement.
viii) “Services” means the provision of online training programs, workouts and such other additional services as Fx may at its discretion choose to make available from time to time to the Member.
ix) “Member” means the Member named on the Subscription Application and Agreement.
x) “Fx” means Fx Fitness (Proprietary) Limited xi) “The rate” means the rates of charges as published and amended from time to time by Fx at its sole discretion.
2) Governing Law This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Namibia.
3) Undertaking by the Member The Member acknowledges that the information supplied by him to Fx is correct.
4) Rights of Fx in respect of the Application
a) Fx shall have the right, without furnishing any reason therefore, to accept or reject the Application.
b) In the event of the Application being rejected by Fx, Fx shall forthwith notify the Member of such rejection.
c) In the event of the Application being accepted by Fx such acceptance may be unconditional, subject to only the terms of this agreement, or may be subjected to
i) A limit on the type of services to be made available to the Member, or
ii) A deposit in an amount to be determined by Fx for any charges to be made.
d) In the event of the Application being accepted, Fx shall forthwith notify the Member thereof, and shall notify him whether such acceptance is unconditional or subject to any of the conditions imposed in terms of clause 4.(c), provided however that all or any of the conditions imposed in terms of the aforesaid clause 4(c) shall at all times be subject to the relevant provisions of clause 9 hereunder.
e) The initiative for this agreement emanated from the Member and this agreement shall be deemed to have been concluded at the premises of Fx.
5) Duration of Subsription This agreement shall commence on the Commencement Date and shall endure for the contract period, subject to the provisions of section 10, whereafter it shall endure indefinitely unless substituted by another subscription agreement in respect of the services or terminated by either party giving to the other not less than 7 (seven) days notice of termination.
6) Provision of Services by Fx
a) Fx shall:-
i) Use its best endeavours to provide and maintain the availability of the Services to the Member throughout the period of this agreement, but does not warrant that the same will be without interruption;
ii) Rectify any fault in the Services at the earliest possible time;
iii) Employ qualified staff as to render the Service;
iv) Provide the Member with proper instruction in relation to the utilisation of the Services;
v) Maintain a suitable information system to properly control the provision of the Services to the Member.
b) Fx shall provide the Services with effect from the commencement Date provided that the Member:-
i) shall have paid the subscription fee in advance, and
ii) shall have provided all requested information and documentation,
iii) shall have complied with any condition imposed in terms of sub-clause 4(c).
7) Obligations of Member The Member shall –
a) Forthwith inform Fx in writing of any change in his address;
b) Not do or omit to do any act or thing, or act in any way which may cause the quality of the Services to be impaired;
c) Comply with all reasonable or necessary requests for information made by Fx and comply with all other necessary or reasonable request made by Fx;
d) Comply with all reasonable instructions given by Fx in relation to the use of the Services; e) Comply with all rules and regulations of subscription as published from time to time on the website of Fx.
8) Assignment
a) The Member shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party without Fx’s prior written consent.
b) Fx shall be entitled at any time to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligation in terms of this agreement to any third party without the Member’s consent and if, for any reason whatsoever, the consent of the Member might be required, the Member shall be deemed to have consented thereto in terms of this agreement.
9) Payment
a) Notwithstanding any special conditions imposed in terms of clause 4.(c) the Member shall pay to Fx all the Charges no later than the due date;
b) Should the Member fail to pay on or before the due date any amount falling due or payable to Fx under or arising from this agreement, then, without prejudice to such rights as may accrue to Fx consequent upon such failure, such overdue amounts shall bear interest at three percentage points above the prime overdraft rate charged from time to time by Fx’s Banker;
c) In the event of a Member having elected to forward payment by mail, the payment shall only be deemed to be received upon Fx receiving and processing same;
d) In event of a Member having elected to effect payment by electronic banking of bank deposit, the payment shall only be deemed to have been received upon Fx receiving notification of such via proof of payment submitted by the Member and notification of such on its bank statement;
e) The Member shall, if so required by Fx effect payments of all amounts payable hereunder by way of direct debit order or other recognised method of payment. The Member shall not be entitled to withdraw or revoke such payment method during the period of this agreement, without prior written consent of Fx;
f) The Member, by providing Fx with his banking details in Section “Payment Details” of the Subscription Application, he shall be deemed to have instructed and authorised Fx to draw against the account indicated with the bank/building society indicated, the Monthly or Annual subscription fee due and payable by the Member.
g) Should payment by debit order fail, and such failure is due to conditions not under control of Fx, Fx will have the right to change any fees and penalties or other payments being due and payable to ant third party as result thereof, to the Member.
h) Fx’s failure to suspend the services to the Member, when the Member’s credit of prepaid Charges have been fully utilised, shall not in any way entitle the Member, to withhold payment of all or any charges on due date.
10) Suspension of Services
a) Fx shall have the right without prejudice to any other right it may have in terms of this agreement of in law, at any time and without notice to the Member, to suspend the services or any part thereof. The Member to continue to pay the Monthly subscription fee in any of the following circumstances-
i) For so long as the Member remains in breach of any of its obligations in terms of this agreement;
ii) For so long as the Member acts contrary to any of the provisions contained in this agreement;
iii) If the quality or operation of the Studio of Services is adversely affected due to any act or omission on the part of the Member;
iv) If the Member should at any time, without the prior consent of Fx, exceed the credit limit, if any, determined by Fx as set by Fx.
b) If the Services to the Member are interrupted and/or suspended as a result of Member’s non- or insufficient payment, Fx shall automatically debit the Member’s account with a late payment charge and the Member shall be liable to pay an administrative fee in an amount to be determined by Fx.
11) Variation of Charges and Terms
a) Fx may vary all or any of its charges by publishing an amended rate, such variation to have immediate effect unless otherwise decided by Fx in its sole discretion.
b) Fx reserves the right to vary the terms and conditions of this agreement at its sole discretion, whether as a result of new legislation, statutory instruments, government regulation or licences, amendments to the standard terms and conditions of Fx, any similar event or not and the Member hereby consents to the said variation. Fx may at its sole discretion, elected to notify the Member of any variation in writing or to publish such variation at its principal place of business.
12) Termination
a) Without prejudice to any other claims or remedies which Fx may have against the Member arising from or pursuant to this agreement or otherwise, Fx may terminate this agreement by giving notice to the Member with immediate effect in any of the following circumstances-
i) Should the Member fail to comply with any of the terms of this agreement including but not limited to failure to pay any Charges on Due date.
ii) Should the Member fail to pay any charges in terms of this agreement, or should Fx terminate this agreement from whatever cause arising, or should Fx institute action against the Member pursuant to a breach by the Member of this agreement, then Fx shall be entitled to recover all legal and other costs incurred by it.
13) Liability
a) This clause 13 specifies the entire liability of Fx including liability for negligence and in particular, without limitation, all other statutory, expressed, implied or collateral terms and conditions or warranties are excluded.
b) Fx shall not be under any liability (including liability for negligence) for any loss or damages or injury to the Members whatsoever no matter when or how, arising out of the provision of the Services or otherwise whether direct or indirect, consequential or contingent or whether foreseeable or not and in particular not be liable for the financial loss or medical costs.
c) The Member indemnifies Fx, its employees, directors and/or agents against any damages, costs or liability (including liability for Fx negligence) to the member, together with all legal costs relating to any claim arising therefrom.
d) Under no circumstances will Fx’s liability, whether in contract or otherwise exceed a sum equal to the Monthly subscription fee due for the remaining contract period payable at the date of the claim.
e) The Member indemnifies Fx against any damages, costs or liability arising from any illness or personal injuries suffered by the Member as a result of the use of the Services, irrespective of when or how and whether foreseeable or not together with all legal costs relating to any claim arising therefrom.
14) Consent to Jurisdiction The Member hereby consents to the jurisdiction of the Magistrate Court having jurisdiction over his person in respect of any action by Fx arising from this agreement or the cancellation thereof. This consent does not oust the jurisdiction of another competent court having jurisdiction and Fx shall be entitled in its discretion to institute action against the Member in any court of competent jurisdiction. The parties agree that this consent is severable and shall apply even in cancellation of this agreement.
15) Notices and Domicilium a) For all purposes of this agreement, the parties do hereby choose their domicilia citandi et executandi as follows:
i) Fx at Fx Fitness 48 Rautenbach Street Windhoek;
ii) the Member at The Address selected in “Member Details” in the Subscription Application
b) Notices may be given either by delivery at the domicilium citandi et executandi selected in terms of clause 15.(a), of this agreement, or shall be given by prepaid letter addressed to:-
i) Fx at P O Box 21055 Windhoek;
ii) the Member at The Address selected in section 1 “Member Details” in the Subscription Application provided that any notice given by the Member to Fx by letter shall be given by prepaid registered letter.
c) Any notice given by either party to the other shall –
i) if delivered to the domicilium citandi et executandi of such person, be deemed to have been received upon such delivery
ii) if posted by letter, be deemed, unless the contrary be proven, to have been received 7 (seven) working days after delivery of such letter to the Post Office for posting.
16) Whole Agreement This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representation or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties save and except for the provision of the clause relating to the variation of the charges and terms.
TERMS AND CONDITIONS OF FX FITNESS SUBSCRIPTION AGREEMENT
1) Interpretation
a) The headings to the clauses of this agreement are for reference and convenience purposes only and shall not aid in the interpretation of the clauses to which they relate.
b) In this agreement unless contrary intention clearly appears –
i) the singular shall include the plural and vice versa;
ii) words indicating persons shall include partnerships, companies, closed corporations and other legal personae;
iii) words indicating the one gender shall import and include the other genders.
c) The following words shall have the meaning herein assigned to them unless the context otherwise indicates-
i) “Subscription fee” mans the charge for a specified unit of services as set our in the rate.
ii) “Charges” means the monthly subscription fees, late payment charges, administrative fees and any other charges determined by Fx and notified to the Member from time to time and which are payable by the Member to Fx in consideration for the provision of the Services by Fx.
iii) “Commencement Date” means the date upon which Fx signs the acceptance of the application by the Member to conclude this agreement. iv) “Contract period” means a 1 (one) month period or 12 (twelve) month period, as per selected subscription option.
v) “Due date” means (i) for the monthly subscription fee the first (1) working day of the month; (ii) for the annual fee the first (1) working day of the month of the anniversary date of commencement of the unit of services; and (iii) for any other charges 7 (seven) days after the billing date.
vi) “Monthly subscription fee” means the monthly charge for use of the Services as set our in the rate.
vii) “Application” shall mean the application appearing in the Subscription Application made by the Member to Fx to conclude this agreement.
viii) “Services” means the provision of online training programs, workouts and such other additional services as Fx may at its discretion choose to make available from time to time to the Member.
ix) “Member” means the Member named on the Subscription Application and Agreement.
x) “Fx” means Fx Fitness (Proprietary) Limited xi) “The rate” means the rates of charges as published and amended from time to time by Fx at its sole discretion.
2) Governing Law This agreement shall be governed by and interpreted in accordance with the laws of the Republic of Namibia.
3) Undertaking by the Member The Member acknowledges that the information supplied by him to Fx is correct.
4) Rights of Fx in respect of the Application
a) Fx shall have the right, without furnishing any reason therefore, to accept or reject the Application.
b) In the event of the Application being rejected by Fx, Fx shall forthwith notify the Member of such rejection.
c) In the event of the Application being accepted by Fx such acceptance may be unconditional, subject to only the terms of this agreement, or may be subjected to
i) A limit on the type of services to be made available to the Member, or
ii) A deposit in an amount to be determined by Fx for any charges to be made.
d) In the event of the Application being accepted, Fx shall forthwith notify the Member thereof, and shall notify him whether such acceptance is unconditional or subject to any of the conditions imposed in terms of clause 4.(c), provided however that all or any of the conditions imposed in terms of the aforesaid clause 4(c) shall at all times be subject to the relevant provisions of clause 9 hereunder.
e) The initiative for this agreement emanated from the Member and this agreement shall be deemed to have been concluded at the premises of Fx.
5) Duration of Subsription This agreement shall commence on the Commencement Date and shall endure for the contract period, subject to the provisions of section 10, whereafter it shall endure indefinitely unless substituted by another subscription agreement in respect of the services or terminated by either party giving to the other not less than 7 (seven) days notice of termination.
6) Provision of Services by Fx
a) Fx shall:-
i) Use its best endeavours to provide and maintain the availability of the Services to the Member throughout the period of this agreement, but does not warrant that the same will be without interruption;
ii) Rectify any fault in the Services at the earliest possible time;
iii) Employ qualified staff as to render the Service;
iv) Provide the Member with proper instruction in relation to the utilisation of the Services;
v) Maintain a suitable information system to properly control the provision of the Services to the Member.
b) Fx shall provide the Services with effect from the commencement Date provided that the Member:-
i) shall have paid the subscription fee in advance, and
ii) shall have provided all requested information and documentation,
iii) shall have complied with any condition imposed in terms of sub-clause 4(c).
7) Obligations of Member The Member shall –
a) Forthwith inform Fx in writing of any change in his address;
b) Not do or omit to do any act or thing, or act in any way which may cause the quality of the Services to be impaired;
c) Comply with all reasonable or necessary requests for information made by Fx and comply with all other necessary or reasonable request made by Fx;
d) Comply with all reasonable instructions given by Fx in relation to the use of the Services; e) Comply with all rules and regulations of subscription as published from time to time on the website of Fx.
8) Assignment
a) The Member shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party without Fx’s prior written consent.
b) Fx shall be entitled at any time to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligation in terms of this agreement to any third party without the Member’s consent and if, for any reason whatsoever, the consent of the Member might be required, the Member shall be deemed to have consented thereto in terms of this agreement.
9) Payment
a) Notwithstanding any special conditions imposed in terms of clause 4.(c) the Member shall pay to Fx all the Charges no later than the due date;
b) Should the Member fail to pay on or before the due date any amount falling due or payable to Fx under or arising from this agreement, then, without prejudice to such rights as may accrue to Fx consequent upon such failure, such overdue amounts shall bear interest at three percentage points above the prime overdraft rate charged from time to time by Fx’s Banker;
c) In the event of a Member having elected to forward payment by mail, the payment shall only be deemed to be received upon Fx receiving and processing same;
d) In event of a Member having elected to effect payment by electronic banking of bank deposit, the payment shall only be deemed to have been received upon Fx receiving notification of such via proof of payment submitted by the Member and notification of such on its bank statement;
e) The Member shall, if so required by Fx effect payments of all amounts payable hereunder by way of direct debit order or other recognised method of payment. The Member shall not be entitled to withdraw or revoke such payment method during the period of this agreement, without prior written consent of Fx;
f) The Member, by providing Fx with his banking details in Section “Payment Details” of the Subscription Application, he shall be deemed to have instructed and authorised Fx to draw against the account indicated with the bank/building society indicated, the Monthly or Annual subscription fee due and payable by the Member.
g) Should payment by debit order fail, and such failure is due to conditions not under control of Fx, Fx will have the right to change any fees and penalties or other payments being due and payable to ant third party as result thereof, to the Member.
h) Fx’s failure to suspend the services to the Member, when the Member’s credit of prepaid Charges have been fully utilised, shall not in any way entitle the Member, to withhold payment of all or any charges on due date.
10) Suspension of Services
a) Fx shall have the right without prejudice to any other right it may have in terms of this agreement of in law, at any time and without notice to the Member, to suspend the services or any part thereof. The Member to continue to pay the Monthly subscription fee in any of the following circumstances-
i) For so long as the Member remains in breach of any of its obligations in terms of this agreement;
ii) For so long as the Member acts contrary to any of the provisions contained in this agreement;
iii) If the quality or operation of the Studio of Services is adversely affected due to any act or omission on the part of the Member;
iv) If the Member should at any time, without the prior consent of Fx, exceed the credit limit, if any, determined by Fx as set by Fx.
b) If the Services to the Member are interrupted and/or suspended as a result of Member’s non- or insufficient payment, Fx shall automatically debit the Member’s account with a late payment charge and the Member shall be liable to pay an administrative fee in an amount to be determined by Fx.
11) Variation of Charges and Terms
a) Fx may vary all or any of its charges by publishing an amended rate, such variation to have immediate effect unless otherwise decided by Fx in its sole discretion.
b) Fx reserves the right to vary the terms and conditions of this agreement at its sole discretion, whether as a result of new legislation, statutory instruments, government regulation or licences, amendments to the standard terms and conditions of Fx, any similar event or not and the Member hereby consents to the said variation. Fx may at its sole discretion, elected to notify the Member of any variation in writing or to publish such variation at its principal place of business.
12) Termination
a) Without prejudice to any other claims or remedies which Fx may have against the Member arising from or pursuant to this agreement or otherwise, Fx may terminate this agreement by giving notice to the Member with immediate effect in any of the following circumstances-
i) Should the Member fail to comply with any of the terms of this agreement including but not limited to failure to pay any Charges on Due date.
ii) Should the Member fail to pay any charges in terms of this agreement, or should Fx terminate this agreement from whatever cause arising, or should Fx institute action against the Member pursuant to a breach by the Member of this agreement, then Fx shall be entitled to recover all legal and other costs incurred by it.
13) Liability
a) This clause 13 specifies the entire liability of Fx including liability for negligence and in particular, without limitation, all other statutory, expressed, implied or collateral terms and conditions or warranties are excluded.
b) Fx shall not be under any liability (including liability for negligence) for any loss or damages or injury to the Members whatsoever no matter when or how, arising out of the provision of the Services or otherwise whether direct or indirect, consequential or contingent or whether foreseeable or not and in particular not be liable for the financial loss or medical costs.
c) The Member indemnifies Fx, its employees, directors and/or agents against any damages, costs or liability (including liability for Fx negligence) to the member, together with all legal costs relating to any claim arising therefrom.
d) Under no circumstances will Fx’s liability, whether in contract or otherwise exceed a sum equal to the Monthly subscription fee due for the remaining contract period payable at the date of the claim.
e) The Member indemnifies Fx against any damages, costs or liability arising from any illness or personal injuries suffered by the Member as a result of the use of the Services, irrespective of when or how and whether foreseeable or not together with all legal costs relating to any claim arising therefrom.
14) Consent to Jurisdiction The Member hereby consents to the jurisdiction of the Magistrate Court having jurisdiction over his person in respect of any action by Fx arising from this agreement or the cancellation thereof. This consent does not oust the jurisdiction of another competent court having jurisdiction and Fx shall be entitled in its discretion to institute action against the Member in any court of competent jurisdiction. The parties agree that this consent is severable and shall apply even in cancellation of this agreement.
15) Notices and Domicilium a) For all purposes of this agreement, the parties do hereby choose their domicilia citandi et executandi as follows:
i) Fx at Fx Fitness 48 Rautenbach Street Windhoek;
ii) the Member at The Address selected in “Member Details” in the Subscription Application
b) Notices may be given either by delivery at the domicilium citandi et executandi selected in terms of clause 15.(a), of this agreement, or shall be given by prepaid letter addressed to:-
i) Fx at P O Box 21055 Windhoek;
ii) the Member at The Address selected in section 1 “Member Details” in the Subscription Application provided that any notice given by the Member to Fx by letter shall be given by prepaid registered letter.
c) Any notice given by either party to the other shall –
i) if delivered to the domicilium citandi et executandi of such person, be deemed to have been received upon such delivery
ii) if posted by letter, be deemed, unless the contrary be proven, to have been received 7 (seven) working days after delivery of such letter to the Post Office for posting.
16) Whole Agreement This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representation or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties save and except for the provision of the clause relating to the variation of the charges and terms.
     
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