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. 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.
4. Should any payment for the duration of the membership not be honoured within a period of 7 (seven) days after the original
date on which payment was to be received by Splash Co, Splash Co shall refer such breach to Accountability who will attend to
the necessary process of having the membership holder listed with the relevant credit bureaus. Should payment subsequently
be received, the membership holder will solely bear the liability for the costs associated with the removal of the listing.
5. 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.
6. 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.
7. Under no circumstances will fees paid be refundable or transferrable.
DOMICILIUM CITANDI ET EXECUTANDI:
8. 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
Member Address:_____________________________________________________________________________________
9. 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:
10. 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.
11. 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 refer the breach to Accountability or institute legal action to recover the balance of any and all such
amounts which may be outstanding.
12. 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.
13. 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.
14. Splash Co considers the use and/or possession of alcohol on the premises, whether that be before, during or after a lesson as
an automatic breach of this agreement. This will not only apply to the membership holder, but any individual accompanying the
membership holder and/or students. In the event of such conduct, Splash Co shall consider same as a repudiation of this
agreement.
CANCELLATION AND TERMINATION:
15. Splash Co is entitled to cancel this agreement at any time as provided for in paragraphs 10, 11 and 14 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@splashco.co.za.
17. In respect of a fixed term membership, 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 a full calendar month before the lapse of time, this Membership Agreement will automatically renew on
the same terms, therefore, for a further fixed term (12 (twelve) months).
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
THE MEMBER HEREBY EXPRESSLY CONSENTS TO:-
THE PROCESSING OF HIS/HER PERSONAL INFORMATION AS DEFINED IN POPI BY SPLASH CO, ANY AFFILIATE
OR SUBSIDIARY COMPANY; AND
THE TRANSFER OF THE PERSONAL INFORMATION TO ANY AFFILIATE OR SUBSIDIARY COMPANY OF SPLASH
CO OUTSIDE OF THE REPUBLIC OF SOUTH AFRICA FOR THE SPECIFIC PURPOSES FOR WHICH IT WAS
COLLECTED AS SET OUT ABOVE. IN THIS REGARD SPLASH CO WILL ONLY TRANSFER PERSONAL INFORMATION
OUTSIDE OF THE REPUBLIC OF SOUTH AFRICA OR TRANSBORDER INFORMATION FLOW IN ACCORDANCE WITH
THE PROVISIONS OF POPI.
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.

INDEMNITY
1. I, the undersigned, fully understand that the swimming programme elected requires vigorous physical activity, hereby
represent and confirm that I the member/the aforementioned student(s) physical condition and health permits me/him/her/them
to fully participate in the swimming activities and exercises without undue risk to my/his/her/their wellbeing.
2. Should I the member/the student(s) feel unwell before the lesson, I undertake full responsibility of immediately withdrawing
myself/him/her/them from participation in the lesson. I confirm that I have disclosed any and all medical conditions suffered by
myself/the student(s).
3. I the member acknowledges on behalf of myself/the student(s) of the potential danger incidental to engaging in swimming
activities, which include, but are not limited to, bodily injuries, health disorder and even possible death. I, in my personal
capacity as parent/guardian of the student(s)/myself hereby accept those risks.
4. I as the member/the student(s) is voluntary participating in this program. I as the member/the student(s) will not be accepted
for participation in the program if the swimming instructor knows of any reason why my/his/her/their participation would be
dangerous to my/his/her/their health.
5. I as the member and guardian of the student(s) authorize the swimming instructor to obtain or perform any emergency medical
assistance which they deem necessary, in the event of an accident, and I agree to be responsible for all necessary and
reasonable medical expenses incurred in this regard.
6. I as the member, in my personal capacity or in my capacity as parent/guardian of the student(s) and my or our executors, my
or our heirs, my or our assigns and successors entitle, hereby indemnify and hold harmless SPLASH CO (PTY) and or any
of their representatives and/or employees and/or insurers, from any claims, demands, liability, loss or damage from any cause,
which I as the member/the student(s) should/may suffer as a result of my/the student(s) participation in the swimming program.
7. I further understand and agree that the student(s) must always be supervised by myself/or anyone elected on my behalf
whenever near or in the water.
8. I understand and agree that these lessons do not imply or make any guarantee of water safety for the student(s) and that a
responsible adult shall always supervise the student(s).
9. I understand that cameras (including any form of recording or photo capturing device) are not permitted in the changing
rooms/locker rooms or bathrooms. I acknowledge that SPLASH CO (PTY) LTD may capture, whether a photo or video
recording, of myself/the student(s) participation in the swimming programme and consent that SPLASH CO (PTY) LTD may
use same for marketing purposes without a claim for compensation of same.
10. I confirm that I am fully aware of the nature of this indemnity and that I was in no manner coerced or unduly influenced in
signing same and as such, I understand and accept the legal consequences of singing same.
11. I further confirm that I am duly authorised to sign this indemnity on my on behalf as the member and/or as the guardian of the
student(s)

Important to Note:

Fixed-term contracts offer better rates and include holiday lessons.
Month-to-month contracts provide flexibility for busy families.
Lightning makeup lessons are only considered if lightning impacts your class more than once in a week.
Fixed-term contracts auto-renew unless a full calendar month’s notice is provided before the end of the contract.

Lesson Cancellation Policies

Illness: If you need to cancel a lesson due to illness, we require at least 24 hours' notice. If 24 hours' notice is not possible, a doctor’s note must be provided for a makeup lesson to be scheduled.
Holidays: Should you be going on holiday, we offer makeup lessons for any missed sessions. These lessons must be scheduled before you leave on holiday, not after you return.

Lightning Lesson Policy

In the event of lightning:
Makeup lessons are not provided for the first affected session.
If a second lesson within a week is impacted by lightning, a makeup lesson will be offered. This must be scheduled and used within two weeks by contacting us directly.

Referral Program

Refer a friend who signs up for a fixed-term contract, and you’ll receive a FREE month credited to your account after completing your current contract. Ensure your friend mentions your name during their sign-up.

Communication

We’ll be adding you to our WhatsApp group shortly, where we share important updates. For all formal communications, please email us at info@splashco.co.za.

We are so excited to have you onboard and look forward to a wonderful journey ahead. Have a beautiful weekend!