1. Definitions

   1. Member means a natural person whose application has been accepted, membership granted and who is currently attending classes at the SKFEA Edenvale.

   2. ​Potential member means a natural person who has applied to join the SKFEA Edenvale and whose application has not yet been accepted nor has the person been granted membership to SKFEA Edenvale.

   3. Premises means the property where the martial arts classes given by the SKFEA Edenvale are carried out from time to time.

   4. SKFEA Edenvale means Songshan Kung Fu Executive Academy Edenvale.

 

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 2. Acceptance and undertaking

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Recognize and understand that martial arts training is a physical contact activity and that your participation or that of your dependent may result in injury, including permanent disability or death, damage and/or loss.

2. Recognize and understand that such injury, death, disability, damage and/or loss may not only be attributed due to my own actions, but also the action, inaction, negligence or willful misconduct of others, the conditions of the premises, or of any of the equipment used at the premises.

3. Agree that it is my duty to inspect the facilities at the premises and equipment provided by SKFEA Edenvale and prior to participation. While SKFEA Edenvale will endeavor to ensure that the facilities and equipment provided are of a safe and in a reasonable condition I acknowledge that I will immediately inform an instructor if I believe that anything is unsafe and or beyond my capability and refuse to participate.

4. Assume all risk associated with participating in martial arts at SKFEA Edenvale and indemnify SKFEA Edenvale for any damages and/or loss that may occur and howsoever caused, including as a result of or due to the negligence and/or willful misconduct of the SKFEA Edenvale or it’s representatives or instructors. 

5. Enter and join martial arts training and/or competitions as a voluntary process and understand the importance of following the rules of training and competitions as applicable. It is confirmed that a copy of the Songshan Kung-Fu Executive Academy Rules (the Rules / SKFEA rules) available and confirmed that all is understood and will abide by the Rules of the SKFEA Edenvale, as amended from time to time.

6. Confirm that any health conditions, have been declared and my participation has been approved by a registered healthcare professional. 

7. Understand that all techniques, exercises, meditations, breathing exercises, kuens, and all intellectual and intangible property taught and/or received by the SKFEA and its affiliated branches, instructors and/ or members are subject to intellectual and copyright laws. Teaching/ showing or sharing such property or knowledge without written consent and/or permission by the Founder Si-Jo Dr John Souglides PhD is expressly prohibited. Failure to do so may lead to the appropriate legal action being instituted as required.

8. Understand that the SKFEA instructors, senior students, or others may have skills in first aid, CPR, and at their discretion, hereby authorise them to use those skills and techniques to assist in any circumstance in which they deem their skills would be necessary or helpful.

9. Grant permission in case of injury to have a doctor, nurse, athletic trainer or other emergency medical personnel provide medical assistance or treatment for such injury.

 

 

 3. Indemnity 

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Explicitly confirm that it is understood that martial arts is a physically intense and demanding activity and one where physical injury, loss and/or disability may occur. It is further confirmed the SKFEA Edenvale shall not be held liable, in any manner whatsoever, whether as a result of the negligence, default or willful act or omission of the SKFEA Edenvale or not, should suffer any injury, loss and/or disability as a result of my participation in the classes provided by SKFEA Edenvale, alternatively my/their presence at the premises.

2. Hereby indemnify the SKFEA Edenvale in respect of any damage to or loss, death or injury and any consequential loss or damage sustained or caused and against all actions, suits, claims (now or in future), demands, costs, charges and expenses arising in connection therewith, to the extent that it is occasion by the negligence, breach, default or willful act or omission of the SKFEA Edenvale. 

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 4. The Protection of Personal Information Act, 2013

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Acknowledge that by agreeing to these terms and conditions hereby be providing SKFEA Edenvale with personal information which may be protected by data protection legislation, including the Protection of Personal Information Act, 2013 (POPIA) and as amended from time to time.

2. By agreeing to these terms and conditions hereby authorize SKFEA Edenvale to collect, store, use or delete any such personal information and in any manner which they deem fit and in keeping in line with applicable data protection legislation for purposes of becoming a member of the SKFEA Edenvale and as well as during my membership with SKFEA Edenvale.

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 5. Payment

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Payments are to be paid by Electronic Funds Transfer (EFT) by the 1st day of the corresponding month of training. Any potential members or members joining after the 1st day of such month they are required to pay upon joining a pro rata fee for the remaining days of the month. For the sake of clarity, payment is due on or before the 1st January for the month of January fees and training.

2. Any student or member failing to uphold payment obligations will not be permitted to train until such fees are up to date. 

3. Classes and tuition is ongoing and designed to be continuous such so that any person missing a lesson or lessons is still liable for the fees that correspond to the month regardless of the extent of absenteeism. 

4. Members are required to give one calendar month notice of termination of membership. Termination of membership needs to be submitted in writing failing which the member will be invoiced and liable for the fee invoiced.

5. Fee structure for services offered is available on request. 

6. Fees may be increased at any time without notice.

7. An annual membership fee is payable by each member annually by March of each year.

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 6. Private Classes

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Private classes are to be paid for in full prior to each lesson to secure the booking of the lesson. 

2. Payments for private lessons are to be made no later than 24 hours prior to the lesson start time. Proof of payment is required to ensure confirmation of booking.

3. In the event of a cancellation for a private lesson, members are required to do so 24 hours in advance failing which the member will be charged in full for the lesson and invoiced as appropriate.

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7. COVID-19 Transmission Indemnity

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. Acknowledge and understand the contagious and unpredictable nature of the coronavirus disease 2019 (COVID-19) that makes it difficult to prevent transmission of this disease.

2. Acknowledge and understand that the Department of Health and many other public health authorities still recommend practising social distancing and that SKFEA has put in place preventative measures and other protocols to minimize the spread of the COVID-19 but, even so, my/the student’s participation in training and it’s associated activities and/or exercises may subject me/him/her to the risk of being infected with  COVID-19 due to the nature of COVID-19.

3. Acknowledge that I am under no obligation to attend training/classes should I have any health and/or safety concerns due to COVID-19. Notwithstanding this, I freely consent to my participation in training/classes and its associated exercises and are fully aware of, and on the voluntary assumption of, the aforementioned risk. 

4. Understand that if at any time SKFEA learns that any student, member, parent, sibling, or co-habitant is infected with COVID-19 or has tested positive for COVID-19, SKFEA shall advise me of such fact but shall be under no obligation to disclose the identity of such person to me due to protection afforded in terms of data privacy legislation. 

5. Undertakes to follow and obey, all reasonable rules, instructions, directions, and requirements of SKFEA as they may be changed, modified, or amended by SKFEA before, during, and after training, including, without limitation:

6. Instructions, directions, and requirements as may apply to SKFEA’s response to the COVID-19 pandemic and the need to limit any transmissions of COVID-19; 

7. Agreeing to have temperature taken whenever arriving at the premises of SKFEA and at intervals as determined from time to time by SKFEA and/or as required by any Regulations issued by the Government under the Disaster Management Act, 2002 (Act No. 57 of 2002). 

8. Hereby agree to defend and irrevocably and unconditionally indemnify and hold harmless SKFEA, and its instructors and students (Indemnified Parties), from and against any claim for damages or losses and/or from any other claims, judgments, penalties, costs, or other liability or expense including, but without limitation, legal costs of any nature whatsoever (whether direct, consequential or otherwise), whether for death, personal injury, illness or other loss or harm sustained by the Student, arising out of, resulting from, relating to or in connection with the transmission of COVID-19. ​

9. Hereby irrevocably and unconditionally release, waive, discharge, and abandon any claims, suits, action, demand, or proceeding that I may have against the Indemnified Parties concerning death, personal injury, illness, or any other loss or harm, arising out of, resulting from, relating to or in connection with the transmission of COVID-19 at SKFEA. 

 

8. General

You as a potential member, member or parent/or legal guardian of a potential member or member and parent or legal guardian of a minor child (under 18 years of age) hereby agree, acknowledge and:

1. These terms and conditions shall be governed by the law of the Republic of South Africa.

2. Should any provision of these terms and conditions be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

3. These terms and conditions, inclusive of the SKFEA Edenvale Application form and Rules of the SKFEA Edenvale form the entire agreement and arrangement between the SKFEA Edenvale and the applicant.

4. No failure by the SKFEA Edenvale to enforce any provision of these terms and conditions shall constitute a waiver of such provision any time now or in the future.

5. No agreement to vary, add or cancel these terms and conditions shall be of any force or effect unless agreed to SKFEA Edenvale in writing.