Registration

MEMBERSHIP FEES:
1. Refer to schedule “A” attached hereto for your specific payment structure.
2. All fees, regardless of the period of the membership, are due monthly in advance
unless a lump sum payment was affected covering the fees for the entire
membership period.
3. On a 12 (twelve) month membership, a 7.5% (seven and a half percent) monthly
discount will be applied for upfront payments covering the fees of the entire
membership period or through the existence of a 12 (twelve) month debit order
mandate.
4. On a 6 (six) month membership, a 5% (five percent) monthly discount will be
applied for upfront payments covering the fees of the entire membership period or
through the existence of a 6 (twelve) month debit order mandate.
5. Should any debit order for the duration of the membership term fail to be
processed and/or fail to be received by Splash Co due to no fault of Splash Co
and/or its banking institution, a R 50.00 (fifty-rand) administration fee will be
applied when paying through the payment link provided by Splash Co or via a card
payment at the premises.
6. The STUDENT(S)/MEMBER accepts liability in full under this agreement
irrespective of whether the STUDENT(S)/MEMBER attends lessons or not,
whether such failure is due to injury, ill health, voluntary act, late arrival or any
other cause whatsoever, including, but not limited to, a vis major.
7. It is at the sole discretion of Splash Co whether or not to schedule make up classes
for lessons not attended for the aforesaid reasons.
8. Under no circumstances will fees paid be refundable or transferrable.

DOMICILIUM CITANDI ET EXECUTANDI:
9. Splash Co and the Signatory hereby choose as their domicilium citandi et
executandi for all purposes arising from this Membership Agreement, the
addresses set out below:
Splash Co: 80 Bond Street, Ferndale, Randburg
10. Splash Co and the Signatory may change their chosen domicilium citandi et
executandi by providing 21 (twenty-one) days written notice, subject to the proviso
that such notice shall only be deemed to have been received by the recipient upon
written acknowledgment of receipt, and that any address selected must be within
the geographical borders of the Republic of South Africa.
BREACH:
11. Should the member fail to make payment in terms of this agreement, or breach
any clause of this agreement, Splash Co will provide written notice of such breach
to the member, affording the member 7 (seven) days to rectify the breach. Should
the member fail to rectify the breach within 7 (seven) days, Splash Co is entitled
to claim specific performance with an alternative claim of cancellation and
damages.
12. Should any amount due by the Member to Splash Co in terms of this Membership
Agreement, including but not limited to in respect of Fees and/or any other costs,
not be paid on the due date, Splash Co may, in its sole discretion, forthwith terminate any and all further lessons until payment of such amount is made,
alternatively, may treat this Membership Agreement as summarily terminated and
institute legal action to recover the balance of any and all such amounts which
may be outstanding.
13. In the event of Splash Co instituting any legal action to recover any amount due
to it by the member in terms of the Membership Agreement, the member agrees
to pay any and all costs in respect of such legal action on a scale as between
attorney and own client including the costs of counsel and all collection costs.
14. The Member hereby consents to the jurisdiction of the Magistrates Court,
notwithstanding the fact that the amount due to Splash Co by the member may
exceed the monetary jurisdiction of the Magistrates’ Court.

CANCELLATION AND TERMINATION:
15. Splash Co is entitled to cancel this agreement at any time as provided for in
paragraphs 10 and 11 above.
16. Should the member wish to cancel this Membership Agreement it shall provide

Splash Co with written prior notice of 30 (thirty) days in respect of a month-to-
month membership period. Written notice can be transmitted to info@splasco.co.za and curtis@splashco.co.za.
17. In respect of a 6 (six) and 12 (twelve) month membership period, Splash Co will
treat any cancellation as a repudiation of the Membership Agreement and will be
entitled to hold the member liable for the fees applicable to the remainder of the
period of the Membership Agreement, provided that the cancellation is not as a
result of a breach of this Membership Agreement on the part of Splash Co.
18. This Membership Agreement will not automatically terminate when reaching the
end of the period, should Splash Co not receive prior written notice of 30 (thirty)
days before the lapse of time, this Membership Agreement will automatically
renew on the same terms.

INDEMNITY:
19. Refer to schedule “B” to this Membership Agreement.
PROTECTION OF PERSONAL INFORMATION:
20. The Protection of Personal Information Act 4 of 2013 (“POPI”) came into full
effect on 1 July 2020. The purpose of POPI includes inter alia, giving effect to
the right to privacy, regulating the way in which personal information must be
processed and providing rights and remedies in circumstances where the
provisions of POPI are contravened.
21. In view of the promulgation of POPI, Splash Co requires the written consent of
members in order to collect, process and distribute their personal information in
terms of POPI.
22. Personal information includes but is not limited to a members’ name, identity
number, address and contact details, email address and/or any other Personal
Information required in order to conclude this Membership Agreement.
23. In accordance with the provisions of POPI, Splash Co will implement appropriate
and reasonable security safeguards in order to ensure the integrity and
confidentiality of personal information in its possession and/or under its control.
24. Splash Co processes personal information as defined in POPI in accordance with
the provisions of POPI.
25. Splash Co will collect and process personal information of a member for inter alia
the following specific purposes:
25.1. for legitimate business purposes;
25.2. marketing purposes; and
25.3. to conclude and/or enforce any agreements with the member

GENERAL:
26. This Membership Agreement constitutes the entire and whole agreement
between Splash Co and the Member and no addition, substitution, deletion,
waiver, indulgence, variation, cancellation and/or amendment of any kind shall
be binding upon the Member and Splash Co unless reduced to writing and signed
by the Member and the Directors of Splash Co.
27. In the event of any Court of law finding that any paragraph and/or portion of this
Membership Agreement is unenforceable and/or striking any such paragraph
and/or portion, the Member and Splash Co agree that the remaining terms of the
Membership Agreement shall remain binding and enforceable between the
parties.
28. In signing this Membership Agreement the Member and/or the Signatory hereby
warrant that they understand all the provisions contained herein and irrevocably
agree to be bound to such terms.

Make Up Lessons:

⚡ Weather-Related Cancellations
While we love the summer, those sudden thunderstorms can sometimes disrupt our plans! If there’s lightning during your lesson, we unfortunately cannot offer a make-up lesson as we can’t control the weather. However, if this happens again during your next lesson, we’ll gladly arrange a make-up session.

Only two make-up lessons are allowed at any given time, and they must be scheduled and completed within two weeks of the missed lesson, or they will be forfeited.
Please arrange this directly with your coach, who will inform management of the details.
🏊‍♂️ Indoor, Heated Facility – All Year Round!
We’re proud to offer a comfortable swimming environment all year long, thanks to our indoor, heated facility! 🌡️ Just because it’s chilly outside doesn’t mean it’s cold in here. If you choose not to attend lessons due to cold weather outside, no make-up lessons will be offered. Our facility remains warm and welcoming, regardless of the outside temperature, so come on in and keep swimming!

🤒 Health-Related Absences
We completely understand that health comes first! If you’re unable to attend due to illness, a make-up lesson will be provided with a valid sick note. However, please note:

Make-up lessons must be used within two weeks and cannot be accumulated or carried over.
Similar to school policies, make-up lessons are offered for a short time only, so we encourage our swimmers to take advantage of them promptly.
🏖️ Going on Holiday?
We know many of our swimmers take well-deserved breaks during the summer! If you have a holiday planned and know you will be missing lessons, please schedule your make-up lessons before you go away. With the uncertainty of new clients signing up, we cannot guarantee availability for make-up lessons upon your return.

If we are able to accommodate make-up lessons after your holiday, they will need to be arranged based on the available time slots.
The same rules apply: no more than two make-up lessons can be accumulated, and they must be used within two weeks.
🚫 No-Shows & Late Cancellations
To respect everyone’s time and schedule, the following policies apply:

If a swimmer does not show up for a lesson without prior notice, no make-up lesson will be offered.
Please provide at least 24 hours’ notice for cancellations. If less notice is given, a make-up lesson will only be considered with a doctor’s note.
🗓️ Scheduling Make-Up Lessons
To arrange your make-up lesson, please communicate directly with your coach, as well as Curtis and Dianne, via email. This will help us keep track and ensure everything runs smoothly.

We truly appreciate your understanding and cooperation. 🙏 Our goal is to provide the best possible experience for all our swimmers, and your support in adhering to these guidelines is greatly appreciated.