This document sets out the terms and conditions of gym usage and incorporates the club rules of Kinetica Holistic which are available on request. Gym usage is subject to these terms and conditions and is at all times conditional upon the resident abiding by the club rules and regulations.

 

Please carefully read these terms and conditions and club rules. We have made every effort to formulate the gym usage terms and conditions in easily understandable language and to make the documentation as simple as possible. Should you, however, have any questions regarding the meaning or effect of any part of the gym usage documentation, you should raise them with a KH representative.

www.kineticaholistic.co.za

info@kineticaholistic.co.za

 

In closing this gym usage terms and conditions document are accepted as you become a resident or gym member, and as such you are bound by these terms and conditions.

 

INTERPRETATION AND DEFINITIONS

1.1. “Category”: means a category of gym usage as described more fully in rules 1. of the club rules;

1.2. “Club rules”: means the rules and regulations governing gym usage which form part of the gym usage terms and conditions;

1.3. “Clubs”: means a leisure and health club belonging or operated by the KH group of companies;

1.4. “Home club”: means the local branch of the club to which the resident or gym member has been accepted for gym usage;

1.5. “Junior resident”: means a resident or gym member below 21 (twenty one) years of age and above twelve (12) years of age;

1.6. “Resident”: means a permanent resident or hotel guest and as such entitled to utilisation of the “club” and “gym usage” shall be construed accordingly;

1.7. “Gym usage terms and conditions” : means the club rules and these terms and conditions;

1.8. “ Gym usage benefits”: means all facilities and services advertised and/ or made available to residents & gym members (and, where applicable, member’s guests) as detailed within these terms and conditions and club rules;

1.9. “Gym usage”: means a APP registration issued to a resident by KH, to access the facilities of the club;

1.10. “Resident Gym Usage Term”: means the term of occupation in which an individual resides within the compound/sectional title/residents and from this date accepts these terms of gym usage.;

1.11. “KH”: means Kinetica Holistic cc

1.12. “Subscription”: means.

1.12.1. Monthly rolling instalment payable in advance by the body corporate to KH; or individual membership Monthly rolling instalment payable in advance by the gym member

1.13. “Notice period”: 20 business days’ notice of intent to resign gym usage in writing due to the resident vacating the compound/sectional title/building and such “notice period” can be given by a presiding the body corporate trustees and/ or managing agent or associated management of the building

1.14. “Terms and conditions”: means these terms and conditions contained herein;

1.15. “Days”: shall mean all days including weekends and public holidays unless specifically defined as business days;

1.16. “Permanent Resident” mean a person or persons whom reside within the Building/Compound

1.17. “Guest” means a person whom does not reside as a permanent resident at the Building

1.18. “Business Days”: shall mean all days with the exception of weekends and public holidays.

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2. CONSTITUTION

2.1. The club is the proprietary club, the proprietor being the KH.

2.2. The objects of the club are to provide health and wellness facilities and all other facilities usually associated with such a club pursuant to the gym usage brochure or exhibited during the sales tour. KH reserves the right to vary, add or eliminate from time to time any of the particular facilities or services provided by the club. Any proposed changes to the facilities or services shall be publicised in advance on the club’s website.

2.3. The object of the club is to also provide appreciation value to the building and in turn to your sectional titles value, please ensure you respect the facility as it impacts on the overall valuation of the building.

2.4. The club’s premises shall be at the home club.

2.5. KH reserves the right to:

2.5.1. Amend these terms and conditions at its sole discretion.

2.6. The general management of the affairs of the club in all matters is under the entire control of, and is conducted by KH or KH’S appointed representative.

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3. GYM USAGE

3.1. Acceptance as a resident

3.1.1. Residents are accepted as members of the facility. The resident’s right to use the facility requires the resident to register via our APP made available via our website after which the resident is required to complete the liability waiver on the app and then will subsequently be verified as a resident and granted access to the facility, subject to the clauses;

3.2 below and shall be entitled to all rights and privileges exercisable by the category of gym usage to which the resident has been accepted under the gym usage terms and conditions.

3.1.2. The resident agrees to abide by the club rules which are available in printed form at the reception desk and which relate to facilities, opening hours and conduct.

3.1.3. Acceptance by KH, of the residents’ application shall constitute a legally binding contract between KH and the resident upon the terms and conditions of this gym usage terms and conditions.

3.1.4. KH reserves the right to refuse to reconsider further gym usage applications for applicants who have not been successful in their previous applications.

3.1.5. KH reserves the right to prevent entry into the club by any resident or former resident whose gym usage has been suspended or cancelled.

3.2. Gym usage rules

3.2.1. Gym usage is personal to a resident and cannot be assigned, transferred or otherwise disposed of.

3.2.2. KH may assign the benefit of this gym usage terms and conditions to a third party at any time upon notice to the resident. Notices of assignments will be posted to the managing agents and trustees of the BC, which will constitute due notice of all such changes.

3.2.3. KH shall be entitled, at its absolute discretion and at any time, to request evidence of a resident’s status and entitlement to a particular category of gym usage. In the event of KH not being satisfied with such evidence of the resident’s change of status, KH shall be entitled, at its absolute discretion to terminate the resident’s gym usage in accordance with clauses and;

3.2.4. Where two or more people sign this gym usage terms and conditions (as couple residents) their obligations shall be deemed to have been given to both.

3.2.5. Applicants for individual gym usage shall at least be twelve (12) years old. Where the resident is a junior resident,(this gym usage terms and conditions must be signed by their parent or guardian), who will, at all times be responsible for the junior resident behaviour and actions while the junior resident is at the club or using the facilities. The parent or guardian undertakes to supervise the junior resident at all times when using the facilities. A junior resident is deemed to be under the age of 21.

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4. ADMINISTRATION AND SUBSCRIPTION

4.1. The Body Corporate shall pay on behalf of all residents the stipulated administration fee and the relevant subscription at the rates agreed upon and as amended by KH from time to time. Gym usage and all subscriptions due to the club must remain current in order for the resident to avoid additional fees.

4.2. Should a resident choose to take part in additional service offering or membership subscription they shall pay the relevant subscription which will become immediately due when the resident is accepted for such additional service offering and/or membership. The subscription will be payable via our online portal available on our website and APP and must be paid within 7 days of receipt of such invoice by the resident.

4.3. Monthly payments are no longer accepted and all levels or subscription as well as additional service offerings are available via our website and APP

4.4. KH reserves the right to increase the relevant subscription.

4.5. All payment made to KH are accepted via eft, and online purchase currently provided via Yoco as the merchant

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5. FACILITIES AND CHARGES

5.1. Subject to and conditional upon clause 5.3 use of certain facilities at the club subject to payment of the tariff charges from time to time in effect. These charges are additional to the administration fee and subscription.

5.2. A list of tariff charges is available. KH reserves the right at any time to change the tariff at its absolute discretion.

5.3. Subject to the facilities availability, a resident is entitled to use the facilities available at the home club under the relevant category of gym usage in accordance with the club rules. KH reserves the right to add, change or provide suitable alternative facilities from time to time and may also at any time withdraw all or any part of the facilities for any period(s) where the same are required for tournaments, exhibitions, or other activities in connection with any repair, alteration or maintenance work.

5.4. Residents and guests are advised to store valuables and other personal belongings in the lockers provided. KH will not be responsible for such contents from any resident for whatsoever reason that may disappear as a result of theft.

5.5. Without prejudice to the above, KH reserves the right to adjust the opening hours of the club for the purpose of cleaning, decorating, repairs or special functions and holidays and pre- book for tournaments, exhibitions or other social activities.

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6. RULES AND REGULATIONS

6.1. The resident agrees to abide by the club rules and that he/she is fully acquainted with such rules.

6.2. KH may alter the club rules at any time. Alterations to the club rules will be posted to our website as well as the managing agents, which will constitute due notice of all such changes.

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7. CONDUCT

7.1. KH has the right to terminate or suspend a resident’s gym usage for reasons relating to conduct as specified in rule 6 of the club rules.

7.2. KH reserves the right to prevent entry into or reject from the club anyone whose behaviour or appearance, in its sole opinion, deemed to be unsuitable.

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8. GUESTS

8.1. KH will be entitled to entirely at its discretion to refuse entry or to eject from the club any non- resident who is not properly admitted as a guest in accordance with this clause and rule 8 of the club rules.

8.2. Any resident who brings any person into the club on an unauthorised basis will be in breach of their gym usage terms and conditions. A first offence will receive a warning; second offence will constitute a serious breach and will entitle KH to suspend or cancel the resident’s gym usage in accordance with clauses in these terms and conditions and the rules and regulations.

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9. PHYSICAL CONDITION OF RESIDENTS AND GUESTS

9.1. In applying for gym usage, the resident warrants and represents that, so far as he/she is aware he/she is in good physical condition and capable of all forms of exercise and that such exercise will not be detrimental to his/her health.

9.2. In registering as a guest into the club, the resident warrants and represents that the guests is, so far as the resident is aware in a physical condition suitable for the type of exercise or activity in which the guest engages at the club.

9.3. Without in any way limiting the scope and effect of the members warranty given above, it is the resident sole responsibility to bring to the attention of KH any medical condition that may present a risk to the resident and/ or to a residents guest engaging in any particular activity Applicant’s attention is drawn to this clause in conjunction to the clause below.

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10. LIABILITY

10.1. KH will not be held liable for loss or damage to residents or guests property.

10.2. KH will not accept any liability for any accident or injury (including any fatality) to any resident, child, guest or visitor (including any person admitted to the club under the residents gym usage that may occur on the premises or within the grounds of the club other than liability which may arise from negligence of KH, its staff or agents.) All such incidents must immediately be reported in accordance with the club rules.

10.3. APPLICANT’S PARTICULAR ATTENTION IS DRAWN TO CLAUSE 10. THIS CLAUSE SHOULD BE READ IN CONJUNCTION WITH CLAUSES 8 AND 9 ABOVE AND IS IMPORTANT AND SHOULD BE READ CAREFULLY BEFORE SIGNATURE OF THIS GYM USAGE TERMS AND CONDITIONS.

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11. FORCE MAJURE

Neither the member nor the KH shall be deemed to be in breach of the terms and conditions by reason of any delay in performing or any failure to perform, any of the members or KH’S obligations in respect of these terms and conditions, if the failure or delay was due to any cause beyond the members or KH’S control including but not limited to acts of god, explosions, actual or suspected terrorist attacks flood fire or accident war or threat of war sabotage, civil disturbance prohibitions or residents of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes or industrial actions or trade disputes.

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12. OTHER CONDITIONS:

12.1.1. If any term in this agreement is found to be unenforceable for any reason, such terms will be severed from the remainder of this terms and conditions and the terms and conditions shall be shall remain in full force and effect in all other respects.

12.1.2. By accepting residency this terms and conditions as well as the rules are regulations are accepted by the resident, the resident agrees that all correspondence to the resident may be sent and served to the physical address on record or via the managing agents.

12.1.3. It is the obligation of the resident to confirm that KH receives any correspondence from the resident at our office.

12.1.4. If the residents details change, it is the resident’s responsibility to timeously inform the club about such changes.

12.1.5. The laws of South Africa apply to this terms and conditions.

12.1.6. The Club reserves the right of admission.

12.1.7. Any new resident and/ or guest shall be obliged to sign an indemnity form prior to entering the club premises. THIS MUST BE DONE VIA DOWNLOADING OUR APP

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RULES AND REGULATIONS OF THE GYM FACILITY

 

RULES AND REGULATIONS OF MEMBERSHIP

 

These Rules and Regulations ("Club Rules") together with the Terms and Conditions form part of your Membership Agreement with the Proprietor of the Club, Kinetica Holistic ("KH"). Membership is subject to and at all times conditional upon the Resident abiding by the Club Rules.

 

KH reserves the right to alter the Club Rules at any time. Alterations will be communicated to all Kinetica Holistic patrons. Any dispute or difference that may arise in regard to the interpretation of the Club Rules shall be determined by KH whose decision shall be final and binding.

 

In the event that a Resident does not understand any of the Club Rules, he or she should ask for clarification from the Manager on Duty or the Club General Manager.

 

1. CATEGORIES OF MEMBERSHIP

1.1. A Member's category of Membership determines which facilities at the Club the Member is entitled to use and also determines any restrictions on the use of facilities that the Member has to comply with.

1.2. Residents. The resident is granted access to the facility and may upgrade his membership to additional services, these services carry additional tariffs

1.3. KH Membership. The Member may use all the facilities at the Club, excluding group class or personal training, these services carry additional tariffs and subject to payment of these tariff charges a member may not utilise such service.

1.4. Online Coach, Online Programs. The Member may use the entire Club's facilities in accordance with it’s KH membership as well as enjoy the usage of the Online Coach upgrade and pay the associated tariff change, excluding group class and personal training which also carries a tariff payment

1.5. Personal Training. Subject to completion of a category (a) or category (b) membership a member shall be entitled to take out a personal training membership on a per session or monthly fee basis. External Personal Trainers that are not registered with KH are not allowed in the facility and illegal trespassing will see them and the resident removed immediately and prosecuted accordingly. Personal training relates to biokinetics, physiotherapy or any other service provider whom enters the facility illegally to provide services utilising the club wether deemed to be from a professional service provider or not, the first time will receive a warning and KH reserves the right to prosecute should this behaviour continue.

1.6. Group Class. Group class is available at a discounted rate to category (a) and category (b) members however external non-members are entitled to attend group class at a higher per charge rate and shall only be allowed entry to the club during the time of such service.

 

2. CHARGES

2.1. Subject to Rule 1.1 above, use of certain facilities at the Club is subject to payment of the current tariff charges.

2.2. A list of current tariff charges is available, as may be amended from time to time by KH.

2.3. KH reserves the right to refuse payment of cash. Payments and purchases shall be done via our APP or website. Payment portals are currently provided by YOCO and Payfast.

 

3. MEMBERSHIP AGREEMENT

3.1 These Club Rules form part of each Resident's Membership Agreement with KH.

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4. MEMBERSHIP APP

4.1. Each resident must register and complete the liability waiver via our APP. A KH may at any time request your name to confirm registration as a resident

4.2. Membership is personal and a Resident may not transfer his or her Membership to another person without issue of a certified Membership Bond and authorised by a KH Manager.

4.3 Usage of the club without registration will be deemed to be trespassing.

 

5. CLUB FACILITIES AND HOURS OF OPENING

5.1. A Resident is entitled to use the facilities available under the relevant category of Membership in accordance with these Club Rules. KH reserves the right to add or change the facilities from time to time. KH may also at any time withdraw all or any part of such facilities for any period(s) where the same are required for tournaments, exhibitions or other activities or in connection with any repair, alteration or maintenance work.

5.2. The opening and closing times for the facilities at the Club shall be determined by KH and may be varied from time to time at KH's entire discretion. These times will be displayed on the club website and APP

 

6. CONDUCT

6.1. Residents are at all times fully responsible for all persons who are admitted to the Club under their Membership. This includes Guests and Junior Residents.

6.2. KH has the right to prevent entry into the Club by anyone whose behaviour or appearance is deemed unsuitable.

6.3. Residents must show consideration for one another in and around the Club. In particular, profane or abusive language and the threat or use of violence will not be tolerated.

6.4. Residents must obey notices and signs on display in the Club. It is the Resident's responsibility to read any information pertaining to the facility and to ensure that their Guests, children and any Junior Residents for whom they are responsible abide by these notices whilst at the Club.

6.5. Residents, Guests and all persons using the facilities under a Resident's Membership must use the Club facilities fully in accordance with the notices and instructions for use. This includes all equipment and installations. Any serious misuse of facilities will be a breach of these Rules for which a Resident's Membership may be suspended or cancelled in accordance with Rule 8.1 below.

6.6. Residents, Guests and visitors must familiarise themselves with all Health and Safety Notices in the Club and must at all times respect the Health and Safety rules and all other safety directives/instructions posted in the Club and/ or given orally by KH personnel and/or representatives. Any breach of these rules by any Resident or Resident’s Guest or visitor giving rise to any risk of harm or injury to any person, or risk of damage to property will constitute a serious breach of conduct for which KH may take whatever action it deems appropriate, in accordance with Rule 8 below and paragraph 7 of the Terms and Conditions.

6.7. Residents, Guests and visitors must wear a form of dress appropriate to the time of day and place on all

occasions. It is entirely within KH's sole judgement to decide what is an appropriate form of dress.

6.8. In the interests of safety and hygiene all persons utilising the facility must provide and carry a sweat towel, no crockery , glasses or food are allowed in the changing rooms, gym, or gym areas.

6.9. Pets (with the exception of guide dogs) and smoking are not permitted in the Club. Guide dogs are not permitted in the pool area.

6.10 It is at all times residents and gym members responsibility to pack away your equipment including dumbells, weight plates offloading on equipment, accessories, handles and any other item that was removed from place for you to utilise.

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7. CANCELLATION OF MEMBERSHIP

7.1. Any serious breach of the Rules may constitute good reason for termination or suspension of a Resident's Membership. What constitutes good reason shall be entirely within KH's discretion and all such decisions by KH shall be subject to paragraph 6 of the Terms and Conditions.

7.2. Any Resident whose conduct shall be deemed by KH to be improper or likely to endanger the welfare, safety, harmony or good reputation of the Club, may be reprimanded or have his or her Membership suspended or cancelled by KH. Following any enquiry considered necessary by KH, KH shall be the sole judge of what constitutes such conduct. In the event of such suspension or cancellation, no refund of Joining Fees or Subscription will be made.

7.3. KH has the right to prevent entry into the Club by any Resident or former Resident whose Membership has been suspended or cancelled.

7.4. Any complaint by a Resident or their Guest should be addressed via email to info@kineticaholistic.co.za. KH will endeavour to act fairly in considering all such complaints and it shall be for KH to decide, entirely at its sole discretion, what action to take.

 

8. GUEST

8.1. Residents are responsible for ensuring that their Guests are aware of, and adhere to these Club Rules. In the event of a guest failing to comply with the Club Rules, or in the event of any other unacceptable behaviour by a guest, KH may suspend or terminate the relevant Resident's Membership.

8.2. Only Residents over 18 years may introduce Guests. A Resident's Guest must be signed in by that Resident at the Embassy reception using a Guest Registration Form and the applicable guest fee and any appropriate tariff charges paid immediately upon entering the Club. The Resident must accompany his or her Guests at all times.

8.3. Social guest may wait in the waiting area.

8.4. A Resident may bring the same Guest to the Club no more than 6 times in any one calendar year unless invited to do so by the Club.

8.5. Any serious breach of this Rule 8 relating to Guests could give rise to suspension or cancellation of a Resident's Membership in accordance with the Terms and Conditions and Club Rules.

8.6. An illegal personal trainer is not a guest and all illegal entry to the facility by illegal personal trainers will be regarded as trespassing. A illegal personal trainer is such a trainer whom is not registered as a KH professional. Such trespassing will result in a case being opened with the police and handed over to our legal representatives for prosecution of trespassing.

 

9. LOCKERS

9.1. Where available membership fees do not cover the cost of daily hire lockers. If a key is lost, the Resident in whose name the locker is hired will be liable to pay a fee to KH to cover the cost of a new lock and key.

9.2. KH reserve the rights to remove the contents from any locker used overnight that has not been paid for. KH will not be responsible for contents removed from the locker.

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10. LIABILITY

10.1. KH will not be liable for damage or loss to Residents' or guests' property or to any damage or loss suffered as a result of the negligence of KH, its staff or its agents. With this exception and SUBJECT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, KH will not accept liability for the safety of Residents' or guests' personal property brought on to the Club's premises. Property stored in lockers provided at the Club is stored at the Residents' risk and no liability will be accepted by KH. Vehicles parked in the car parks at the Club or elsewhere at the Club, and all contents in them, are left on the Club's premises at the Residents risk and KH will accept no liability whatsoever in respect of any loss or damage (however caused) to them.

10.2. KH will not be liable for any accident or injury, including fatality to any Resident, child, Guest or visitor admitted to the Club under a Resident's Membership that may occur on the premises or within the grounds of the Club other than liability, which may arise from the negligence of KH, its staff or its agents. Any Resident who (or whose child, Guest or visitor) suffers an accident or injury on the Club premises must report the accident or injury and the circumstances under which it occurred, to the Duty Manager immediately following the accident or injury.

10.3. KH will not be liable for any accident or injury, including any fatality, to any Resident, child or Guest using the Club's equipment or facilities which is caused by the failure of the Resident, child or Guest to follow the instructions relating to the proper use of the equipment or facility unless such liability is attributable to the negligence or default of KH, its staff or agents.

10.4. Subject to Rule 11 below and TO THE EXTENT PERMISSIBLE BY LAW, KH will not be in any way responsible for any harm to a Resident as a result of his or her undertaking any physical activity.

 

11. PHYSICAL ACTIVITY

11.1. THIS RULE 11 SHOULD BE READ IN CONJUNCTION WITH PARAGRAPH 9 OF THE TERMS AND CONDITIONS.

11.2. It is recommended that all new Residents must make an appointment with a KH Health & Fitness professional in order to conduct a Lifestyle Assessment and Fitness Induction ("Assessment") to be carried out and a suitable exercise programme prescribed. All Members must signed off liability prior to usage of the facilities. Each Resident is responsible for monitoring his or her own physical condition and physical activity undertaken at the Club.

 

Should any unusual symptoms or discomfort occur, the Member must immediately:

(a) Stop the activity, and

b) Inform a KH Health & Fitness Professional or any other member of staff at the Club.

 

THE RESIDENT MUST IMMEDIATELY INFORM THE CLUB IN WRITING OF ANY SUBSEQUENT CHANGE OF THIS INFORMATION ORIGINALLY COMPLETED ON THE EXERCISE AND HEALTH QUESTIONNAIRE. ALL INFORMATION GIVEN BY RESIDENTS TO KH IN RELATION TO THE RESIDENT'S PHYSICAL AND/OR MEDICAL CONDITION, BOTH AS PART OF THE ASSESSMENT AND/OR OTHERWISE, IS WARRANTED BY THE RESIDENT AS BEING ACCURATE AND COMPLETE AND THE RESIDENT FULLY ACKNOWLEDGES AND UNDERSTANDS THAT KH WILL BE RELYING ON THIS INFORMATION IN CARRYING OUT THE ASSESSMENT AND ALLOWING THE USE OF FACILITIES.

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Disclaimer

KH Health & Fitness Professional are qualified fitness trainers. However, they are not medically qualified and they can only offer information concerning physical and medical conditions which is required by KH and by so doing Members are warranting to KH the accuracy of the information given. In certain circumstances a KH Health & Fitness Professional may require additional medical information from a Member's doctor in order that an exercise programme can be prescribed. A Member must obtain such further medical information if advised to do so by a KH Health & Fitness Professional (this will be at the Member's own expense) and may not use the fitness facilities until such medical information is supplied to KH and KH is satisfied with the doctor's recommendation.

 

12. GROUP CLASS

12.1. Bookings for group activity can be done via our website or our APP. The class schedule is live and any additional adjustment or alternations will be notified to all residents via email. We cannot be held responsible for such notification not being received by residents, guests or members.

12.2. All Group class booking can be made via the website or in person.

12.3. Group class passes are required in-order to join a group class session and a price list of such group class passes is available on request. Such purchase of class passes must be performed prior to a resident taking part in a group class.

12.4. Group class passes do not expire and a resident has 3 years to utilise such passes. Group class passes can be purchased either as a drop-in, 5 class pass, 10 class pass, 20 class pass or unlimited class passes per month. Residents at COTP enjoy group class free of charge

12.5. Payment for such class pass purchase can be made via EFT or via our online purchase system on the website. Such online purchase button/link can also be emailed to the resident for online payment.

12.6. KH reserves the right to restrict residents from booking more than one class per day in-order to make this service available to everyone.

12.7. KH reserves the right to restrict advanced class booking and the booking window will be opened accordingly once we have established demand for such group classes.

12.8. Please be on time for the start of the class in-order to ensure that the KH representative host the class has time to meet you and prepare you correctly for the session

 

13. MISCELLANEOUS

13.1. Lost property: Any lost property found must be immediately handed into the Club reception. Items found at the Club will be available for collection from the Club reception between 10.00 am and 6.00 p.m. Items will be held for a period of 2 weeks only before being given to charity.

13.2. Parking: Residents must park only in the designated parking spaces in the car park. Vehicles parked outside a designated space or inappropriately parked in disabled spaces may be clamped and a removal fee will be charged. KH IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE (HOWSOEVER CAUSED) TO RESIDENTS' OR GUESTS' VEHICLES WHILST AT THE CLUB.

13.3. Telephone calls: For quality control purposes, KH reserves the right to record calls between KH members of staff and a Member or Guest of the Club.

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