Swim Agreement and Fees

1. INTERPRETATION

1.1 Headings to clauses of this agreement are for convenience and shall not be used for purposes of interpretation.

1.2 Unless the context clearly indicates a contrary intention;

1.2.1 Expressions which denote -

1.2.2 Any gender, shall include the other gender, a natural person shall include an artificial person and vice versa, the singular shall include the plural, and vice versa;

1.3 The following expressions shall have the meanings set opposite them below, and cognate expressions shall bear corresponding meanings:-

1.3.1 THE MEMBER: Means the parties referred to in schedule A and B including the child on behalf of whom they conclude this Agreement

1.3.2 THE CLUB: Means CARDINAL AQUATICS

2. PERIOD OF AGREEMENT

2.1 This agreement shall be deemed to have commenced on the date of acceptance hereof and shall continue indefinitely until the agreement is cancelled by either party in terms of this agreement;.

2.2 The agreement shall continue annually on the same terms and conditions as set out herein, except that the monthly contributions may increase, as determined by the club.

2.3 During the period referred to above, the Member or the Club shall have the right to terminate this agreement by giving the other party one calendar month’s written notice to such effect.

2.4 The months’ notice is payable whether lessons are attended or not.

2.4.1 If the notice period is not paid;

2.4.2 and/or outstanding fees are payable upon giving notice;

2.4.3 and/or the contract is cancelled during swim season where the Member did not relocate to another province;

Then the transfer of such a Member to another club will not be facilitated by the CLUB.

3. AMOUNTS PAYABLE

3.1 The amount payable by the MEMBER to the CLUB shall be:

3.1.1 the amount as stipulated in the fee schedule annexed hereto;

3.1.2 the amount must be paid in advance for the coming month by not later than the 5th of the month in which it is due.

3.1.3 R50 late payment fee will be levied for late payments and 10% interest if the account is given over for collection.

3.1.4 If payment is not received by the 15th of the month a child(ren) will not be allowed to further participate until outstanding fees have been paid.

3.1.5 This monthly contribution from the member can be altered by giving one month notice from the club if club fees are increased.

3.1.6 Fees are structured over a 12 month period and are payable monthly whether the member attends swimming lessons or not (e.g. winter or holidays).

3.1.7 Registration fees at Swimming South Africa and all other external associations, including gala entry fees and other diverse expenses, are not included in this payment structure.

4. BREACH

4.1 The parties hereby agree that all the terms and conditions of this agreement are essential.

4.2 Should the member :

4.2.1 Fail to pay any amount due by them in terms of this agreement on the due date thereof: or

4.2.2 Fail to comply with any of its obligations arising from this agreement;

Then the CLUB in its sole discretion shall be entitled to immediately either claim the amount in arrears together with interest thereon as set out herein before or to cancel this agreement.

4.3 Should the CLUB cancel this lease and the MEMBER dispute the CLUB’s rights to do so, then:

4.3.1 the MEMBER shall continue to pay all amounts due by them in terms of this lease on the due date of same;

4.3.2 the acceptance by the CLUB of those payments shall be without prejudice to and shall not in any manner whatsoever effect the CLUB’s claim to cancellation of this agreement or of any other aspect whatsoever.

5. WAIVER

No extension of time or latitude allowed by the CLUB in respect of any matter the MEMBER is bound to perform or observe in terms hereof, shall be under any circumstances be deemed to be a waiver or novation of the CLUB’s rights against the MEMBER.

6. DOMICILIA AND NOTICES

6.1 The parties select their respective domicilia citandi et executandi for all purposes of this agreement as follows:

6.1.1 The CLUB: St. Benedicts College, Indoor Pool Office, Harcus Road, Bedforview, Germiston, 2008.

6.1.2 the MEMBER at the ADDRESS chosen in Section 2

6.2 Any notice addressed by one party to the other party at the latter’s chosen domicilium citandi et executandi shall be deemed to have reached him:

6.2.1 if dispatched by pre-paid registered post, on the 5th day after the dispatch of such notice;

6.2.2 in the case of delivery by hand, on the date of the handing over thereof.

6.3 Either party shall be entitled to change his chosen domicilium citandi et executandi by giving the other party 7 (SEVEN) days prior written notice of his change of address.

7. JURISDICTION

The parties hereby consent to the jurisdiction of the Magistrate’s Court for the purpose of any action whatsoever arising from this agreement.

8. SWIMMING AFFILIATIONS

The Members shall be bound by the constitution, rules and regulations of Swimming South Africa and East Gauteng Aquatics and shall not at any time bring the CLUB into disrepute.

9. FITNESS TO PARTICIPATE

I declare that I am/my child is medically and physically fit and able to participate in the Swim Programme. I will immediately notify the CLUB of any change to my/my child’s medical condition, fitness or ability to participate. I understand and accept that the CLUB will continue to rely upon this declaration as evidence of my/my child’s fitness and ability to participate in the Programme.

10. MEDICAL TREATMENT

I consent to myself and/or my child receiving any medical treatment that the CLUB reasonably considers necessary or desirable for me or my child during my/my child’s participation in the Programme. I also agree to reimburse the CLUB for any costs or expenses incurred in providing me or my child with medical treatment.

LIABILITY DISCLAIMER AND INDEMNITY

1. I acknowledge and agree that swimming), being a physical sport and that it is inherent that there is the risk of serious injury, illness and or death.

2. I acknowledge that the risks inherent, include, but are not limited to risks arising from my skill and ability as a swimmer, my/my childs nutrition and fluid intake, my/my child’s fitness and health, the actions of other swimmers. I undertake and agree to seek medical or any other assistance from the CLUB, if I sense or observe any unsafe condition, or if, at any time, I/my child feel unable or unfit to safely continue swimming a lesson for any reason. I furthermore undertake to withdraw from participation or my child’s if advised or instructed by the CLUB or coach to do so or if I, at any time, I am in any way concerned that it is unsafe for me/my child to continue to swim or if I, my child in any way, fee/s unable or unfit to safely continue with the lesson or swimming event.

3. I appreciate and understand the risks inherent in swimming and my participation therein. I accept these risks and confirm that I/my child participate/s at my own sole and absolute risk.

4. I/my child undertake/s to follow all the rules of the CLUB and all directions and/or instructions given to me/my child by the Club, Coaches and their principals, representatives, agents and assigns.

5. Whilst reasonable safety and precautionary measures are taken by the CLUB to ensure my/my childs safety, the CLUB their principals, representatives, agents and assignees (“the parties”) do not accept any responsibility for any claim whatsoever arising from death, injury, illness or loss and/or damage to person or property occasioned as a result of my participation in swimming at the CLUB or for the CLUB.

6. I accordingly hereby indemnify and hold harmless the parties to the fullest extent possible in law, against any claims occasioned as a result of my/my child’s participation at the CLUB of whatsoever nature or howsoever caused, including, without limitation, any loss, injury, harm, illness, death or damage of whatsoever nature and howsoever caused arising directly or indirectly out of any act or omission, including negligent acts or negligent omissions by the parties, including any claim for consequential loss or damage, loss of profits or any claim by any of my dependents arising from events related to, in connection with or occasioned as a result of my/my child’s participation as a swimmer and at the CLUB .

7. I confirm that I understand the importance and meaning of this liability disclaimer, the waiver of claims and the indemnity and, that by agreeing hereto, I am waiving substantial legal rights (on my own behalf and on behalf of my dependents). I acknowledge that I have been free to secure independent legal and/or other advice as to the nature and effect of all the provisions of this liability disclaimer, waiver and indemnity and that I have either taken such independent legal and/or other advice or dispensed with the necessity of doing so.