Terms and Conditions

FMS Terms and Conditions as of 21/02/24

Personalized Sessions (Personal Training, Sports Conditioning, Sports Massage Therapy, Mobility)

1. About these Terms and Conditions

1.1. These terms and conditions apply between you and FMS Cape Town in respect of your participation in any service provided by FMS Cape Town.

1.2.  For the purposes of these terms and conditions, “you” means the person identified as the Participant or parent/legal guardian of any Minor (under 18 years of age) registering to take part within an FMS Cape Town service (and “Your” shall be construed accordingly).

1.3. Please read these terms and conditions carefully before booking a service through our website.

1.4. Please note that before booking a service through the website, you will be asked to accept these terms and conditions. By confirming a place within a service you are confirming your agreement to be bound by these terms and conditions. If you do not want to accept these terms and conditions, you will not be able to book a service with FMS Cape Town.

2. Terms Used

“Service” refers to- group fitness classes, personalized fitness training, sports conditioning, sports massage therapy and mobility sessions provided by FMS Cape Town.

“Equipment” means any fitness or sporting item a participant will use during a session including any being hired by the participant.

“Specified Location” means the location of each individual session.

“Specified Time” means the time a session begins, as well as the length of time of each session provided.

“We” means FMS Cape Town (any employee or representative or associate of FMS Cape Town) (and “our” shall be construed accordingly).

3. Service Specifics  

3.1. Timings- all activities will start and finish on time; there will be no delay in either start or finish. If you fail to make the session on time, (unless specified with good reason- emergencies/sudden illness) you will lose any time after the start of the session, and you will still be charged the full rate per hour.

3.2 Participants Attire- all participants must wear comfortable and suitable workout/exercise clothing, as well as shoes/trainers for all fitness and sport related sessions. 

3.3 Equipment- Classes may involve using equipment supplied by FMS Cape Town. The Participant acknowledges they shall not be permitted to use any other product or equipment during classes, unless the Participant takes full responsibility in using equipment, they have provided themselves. We shall take all necessary actions to maintain and check all equipment provided by FMS Cape Town. If any concerns arise regarding the safety of the equipment provided, the Participant must notify us immediately. 

4.Booking

4.1. Registration- It is a serious requirement that all participants register themselves (fill out necessary PARQ and WAIVER documents on the website) with a minimum of 24 hours prior to the start of any session.

4.2. Payment must be made upfront/prior to your sessions, or at months end (the 31st day) depending on the service chosen, and after having received a formal invoice from FMS.

5. Booking Process

A place for a specific session is offered to You when:

5.1.You submit a Booking Form for a service and complete all necessary PARQ/ Risk Screening/ Waiver of liability Forms as provided on the website and,

5.2. You have agreed to these terms and conditions

5.3. A Booking Form may only be submitted by individuals who are at least 18 years old. Under 18s who would like to make Booking should ask their parent or guardian to make the Booking on their behalf and confirm that they agree to these terms and conditions.

6. Your Status and Responsibilities

By booking a service you agree, warrant, undertake and represent that:

6.1. You are a minimum of 18 years of age or if not, you have consent from a parent or legal guardian to take part

6.2. You will abide by any rules and regulations set by an Instructor

6.3 You understand and agree that You will participate in any FMS Cape Town service entirely at your own risk.

6.4 You will rely on your own ability in dealing with hazards and must take part in a way that is safe to yourself and others.

6.5. At all times during the session, You will adhere to all instructions given by Instructors.

6.6. You will not hold FMS Cape Town liable for any injury or loss however caused and damage or theft of equipment prior to, during or after a session. You accept full liability and responsibility for any medical expenses incurred as a result of training for and/or participating in the sessions.

6.7. You are in a fit and healthy condition and are not suffering any medical conditions which prevent You from participating in any activity. Any past, present or ongoing medical conditions or injuries are to be stated when completing the relevant documentation on the Booking platform and are to be restated to the Instructor prior to the commencement of participation.

6.8. You agree that through your completion and submission of the online Booking Form, You are committing to paying for your session via the means available.

6.9. Communication between trainer and client is vital. If there are any concerns they must be voiced immediately. For distance based training, the trainer will not follow up if they have already communicated with you and are waiting for a response. It is your responsibility to reply before further communication is made. FMS will not be liable for any communication breakdowns unless you have actively communicated and have not received a response in more than 24 hours. Please note, our availability for communication is Monday to Friday, 8am to 5pm daily.

7.  Cancellation, Transfer and Refund

7.1 Session Declination/ Cancellation- FMS Cape Town reserves the right to politely deny participation based on any foreseeable health concerns or conflict of interest. FMS Cape Town reserves the right to cancel a session at any point once it has begun should the Instructor/ coach (a) consider a Participant injured or unwell or due to either the consumption or use of alcohol or drugs (b) due to a medical emergency or any sudden illness experienced by trainer(s) (c) the participant behaving in an acceptable manner or not following reasonable instruction that may cause injury to You or another participant, in our opinion is likely to cause offence, or may damage the equipment or venue. You will still be charged the full amount and are liable to pay if your session is suddenly cancelled in the events of "a or c". In the event of "b", sessions may be refunded and transferred. 

7.2. Pay as you go sessions (non package deal sessions) booked by you can be cancelled, refunded or transferred 2 hours prior before the session start time. No refund or transfer can be obtained within 2 hours of the session start time. No refund/ transfer is available for package deals unless FMS cancels these sessions in line with our session cancellation, or force majeure terms and conditions- section 7&8. For package deal sessions- you are entitled to attend the specified number of sessions within the month only. No sessions will be carried over unless FMS cancels these sessions. There is a "use it or lose it" policy applied. 

7.3. A full refund will not be issued for distance-based personal training programs once the program making process has begun- this will be notified to you. This is due to the amount of time invested to make these programs, film and edit content. If you decide to cancel your distance training monthly program once the process has begun, you acknowledge that only 50% of your upfront payment will be refunded. If there is a concern in any way, this must be expressed immediately to see how best a solution can best be made.

7.4. Only in the event of sudden illness experienced by either client or trainer during Continued Support, may Check In sessions be transferred to the next suitable date agreed upon by the client and trainer. No loss of sessions will occur. All support in the likes of nutrition and exercise will stop during the client and/ or trainers time of being unwell unless both the client and trainer agree to continue with any continued support services. In this event, no sessions will be transferred.

8. Matters Outside of Our Control (Force Majeure)

8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure”).

8.2 Force Majeure includes any act, activity, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, inclement weather conditions, subsidence, epidemic or other natural disaster.

9. Variation to these terms

9.1. FMS Cape Town reserves the right to vary these terms and conditions to reflect changes in relevant laws and regulatory requirements. Any such variation shall become effective immediately upon posting on the Booking Website. 

10. Entire Agreement

10.1. These terms and conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the services. You acknowledge and agree that in submitting the Booking Form, You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.

11. Third Party Rights

11.1. No person other than You and FMS Cape Town shall have any rights to enforce these terms and conditions.

12. Personal information

12.1. We are committed to protecting the privacy and confidentiality of information provided by all Participants. Accordingly FMS Cape Town upholds the relevant data protection principles and processes personal data in accordance with the Protection of Personal Information (POPI) Act of 2013.