REFORM AND GLOW (PTY) LTD
Terms and Conditions for the Reform and Glow Mobile Application, Website and Studio Services
Website: https://reformglow.co.za | Email: Reformandglow0@gmail.com
Registration Number: 2026/311437/07
Effective Date: 1 August 2026
Last Updated: 1 August 2026
1.1 These Terms and Conditions ("Terms") govern your access to and use of the Reform and Glow mobile application (the "App"), the website at https://reformglow.co.za (the "Website") and all reformer pilates, fitness, wellness and related classes, sessions, memberships, packages, products and services offered by Reform and Glow (Pty) Ltd ("Reform and Glow", "we", "us" or "our") at our studio(s) or otherwise (collectively, the "Services").
1.2 These Terms constitute a legally binding agreement between you and Reform and Glow. Please read them carefully before downloading the App, creating an Account, making a Booking, purchasing any Package or Membership, or entering or using the Studio or any Equipment.
1.3 In accordance with section 49 of the Consumer Protection Act 68 of 2008 ("CPA"), certain provisions of these Terms, which are printed in bold and/or in CAPITAL LETTERS and/or placed in shaded boxes, may:
1.4 Your attention is specifically drawn to those provisions, in particular clause 13 (Health and Medical Disclosure), clause 14 (Assumption of Risk, Indemnity and Limitation of Liability), clause 15 (Personal Belongings) and clause 24 (Disclaimers). You must read and understand these provisions before accepting these Terms. If you do not understand any provision, please contact us at Reformandglow0@gmail.com before accepting these Terms and we will explain it to you.
IMPORTANT NOTICE – PLEASE READ
PARTICIPATION IN REFORMER PILATES, MAT PILATES, STRENGTH, STRETCHING AND OTHER PHYSICAL ACTIVITIES INVOLVES AN INHERENT RISK OF PHYSICAL INJURY. BY ACCEPTING THESE TERMS YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO, THE HEALTH AND MEDICAL DISCLOSURE OBLIGATIONS IN CLAUSE 13 AND THE ASSUMPTION OF RISK, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS IN CLAUSE 14.
You must disclose to Reform and Glow (Pty) Ltd any medical condition, injury, pregnancy, surgery, medication or change in your health before participating in any class and on an ongoing basis thereafter.
2.1 In these Terms, unless the context clearly indicates otherwise, the following words and expressions bear the meanings assigned to them below, and cognate expressions bear corresponding meanings:
2.2 In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) words importing the singular include the plural and vice versa, and words importing any gender include every gender; (c) a reference to a natural person includes a juristic person and vice versa; (d) the words "include" and "including" are not words of limitation; (e) a reference to any statute includes that statute as amended or re-enacted from time to time and any subordinate legislation made under it; and (f) where any number of days is prescribed, it is calculated by excluding the first day and including the last day, unless the last day falls on a day that is not a Business Day, in which case the last day is the next Business Day.
2.3 The rule of interpretation that a contract is interpreted against the party responsible for its drafting does not apply. In accordance with section 4(4) of the CPA, where any provision of these Terms is ambiguous, it will be interpreted to the benefit of the Consumer to the extent required by law.
2.4 Any provision of these Terms which contemplates performance or observance after termination or expiry of these Terms (including clauses 13, 14, 15, 16, 24, 26 and 27) will survive such termination or expiry.
3.1 By (a) downloading, installing, accessing or using the App or Website, (b) registering an Account, (c) ticking a box or clicking a button indicating acceptance, (d) making a Booking or purchase, or (e) entering the Studio or participating in any Class or Private Session, you confirm that you have read, understood and agree to be bound by these Terms, the Privacy Policy and the Studio Rules.
3.2 If you do not agree to these Terms, you must not use the App, the Website or the Services.
3.3 We may require you to confirm your acceptance of these Terms electronically (for example, by ticking a checkbox) at the time of registering an Account, completing a health questionnaire, or making your first Booking or purchase. Such electronic acceptance constitutes a valid and binding signature and agreement for the purposes of ECTA.
3.4 Additional terms may apply to specific promotions, events, workshops, challenges, teacher-training programmes, gift vouchers or corporate arrangements ("Additional Terms"). Additional Terms will be communicated to you before you purchase or participate and will form part of these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will prevail in relation to the relevant offering only.
4.1 You must be at least 18 (eighteen) years of age and have full legal capacity to enter into a binding contract in order to register an Account, purchase any Package or Membership, or accept these Terms in your own name.
4.2 Persons under the age of 18 (eighteen) years may participate in Classes only if: (a) they meet the minimum participation age set by us from time to time; (b) their parent or legal guardian has registered an Account on their behalf, or has provided written consent in a form acceptable to us; (c) their parent or legal guardian has accepted these Terms, including clauses 13 and 14, on the minor's behalf and in the parent's or guardian's own personal capacity; and (d) where we require it, they are accompanied by or supervised by their parent or legal guardian.
4.3 A parent or legal guardian who registers an Account for, or consents to the participation of, a minor warrants that he or she has the legal authority to do so and assumes full responsibility for the minor's compliance with these Terms and for the accuracy of the Health Information disclosed in respect of the minor.
4.4 We reserve the right to refuse participation in any Class to any person who does not meet the eligibility requirements, who in our reasonable opinion is not physically fit enough to participate safely, or who fails to provide the required health disclosures.
5.1 To access most of the Services you must register an Account. When registering, you agree to provide true, accurate, current and complete information, including your full name, email address, mobile number, date of birth and emergency contact details, and to update that information promptly whenever it changes.
5.2 You are responsible for maintaining the confidentiality of your login credentials (including your password and any one-time PIN) and for all activity that occurs under your Account. You must not share your Account or credentials with any other person, and each Account may be used by one person only.
5.3 You must notify us immediately at Reformandglow0@gmail.com if you become aware of, or suspect, any unauthorised use of your Account or any other breach of security. Until you notify us, you will remain responsible for all activity on your Account, except to the extent that such unauthorised use results from our gross negligence.
5.4 Packages, Class Credits and Memberships are personal to the Account holder and may not be transferred, sold or shared with any other person unless we expressly agree otherwise in writing (for example, in respect of specifically designated shareable or gift packages).
5.5 We may refuse an application to register an Account, or suspend or close an Account, in accordance with clause 21.
5.6 You may request closure of your Account at any time by using the account-deletion function in the App (where available) or by emailing Reformandglow0@gmail.com. Closure of your Account will not automatically cancel an active Membership with a fixed term, which is subject to clause 8, and any unused Class Credits will be dealt with in accordance with clause 7.
6.1 Bookings may be made through the App, the Website or at the Studio reception, subject to availability. Places in Classes are limited by the number of reformers or other Equipment available and are allocated on a first-come, first-served basis.
6.2 A Booking is confirmed only once you receive a confirmation in the App, by email or by push notification, and (where applicable) a Class Credit has been deducted from your Account or payment has been successfully received.
6.3 Before confirming a Booking or purchase, you will be given the opportunity to review the entire transaction, to correct any input errors and to withdraw from the transaction, as required by section 43(2) of ECTA.
6.4 Where a Class is full, you may be offered a place on a waitlist. If a place becomes available, you may be automatically moved into the Class and a Class Credit deducted, in which case you will be notified via the App, push notification and/or email. It is your responsibility to check your notifications. If you are moved from a waitlist into a Class and do not wish to attend, you must cancel in accordance with clause 9, failing which the Late Cancellation and No-Show provisions will apply. Waitlisted clients will not be moved into a Class less than 2 (two) hours before the Class starts.
6.5 Certain Classes may have prerequisites (for example, completion of an introductory or foundation Class before attending intermediate or advanced Classes). You are responsible for booking Classes that are appropriate to your level of experience and fitness. We may move you to a more suitable Class, or decline your Booking, for safety reasons.
6.6 We reserve the right to change the Class timetable, Class format, Class duration, Instructor or Studio room at any time. Where we cancel or materially change a Class for which you have a Booking, we will notify you as soon as reasonably possible and, at your election, either re-credit the Class Credit to your Account, transfer your Booking to another available Class, or (where you paid for that single Class) refund the amount paid for it.
6.7 Online or virtual Classes, if offered, are subject to these Terms with the necessary changes. You are solely responsible for ensuring that the space in which you participate in an online Class is safe, adequately sized, free of hazards and suitable for exercise.
7.1 Details of the Packages, Memberships, Private Sessions, introductory offers and other products currently available, including their price, number of Class Credits, validity period and any restrictions, are displayed in the App, on the Website and/or at the Studio. Those details form part of these Terms.
7.2 Validity of Class Credits. Class Credits and Packages are valid for the period stated at the time of purchase (for example, the expiry period shown in the App, being a number of days from the date of purchase or from the date of first use, as specified). To the extent that any prepaid Class Credit, Package or voucher constitutes a prepaid certificate, credit or voucher contemplated in section 63 of the CPA, it will not expire before the earlier of the date on which its full value has been redeemed or 3 (three) years after the date of issue. Any specific validity terms of a Package will be disclosed to you before purchase.
7.3 Introductory offers and promotions. Introductory offers, trial Classes and promotional prices are available only to eligible first-time customers (unless otherwise stated), are limited to one per person, may not be combined with any other offer, and are subject to any Additional Terms communicated at the time.
7.4 Pricing. All prices are quoted in South African Rand (ZAR). Where Reform and Glow is registered for Value-Added Tax ("VAT"), prices are inclusive of VAT at the prevailing rate. The price payable is the price displayed at the time you confirm your purchase.
7.5 Price changes. We may change our prices from time to time. Price changes will not affect Packages already purchased. In respect of recurring Memberships, we will give you at least 20 (twenty) Business Days' written notice of any price increase before it takes effect, and you may cancel your Membership in accordance with clause 8 before the increase takes effect.
7.6 Errors. While we take reasonable care to ensure that prices displayed are correct, if a product is displayed at an obviously incorrect price due to an inadvertent and obvious error, we are not obliged to supply the product at the incorrect price, as contemplated in section 23(9) of the CPA. In such a case we will notify you and give you the option to proceed at the correct price or to cancel and receive a full refund of any amount paid.
7.7 Gift vouchers. Gift vouchers are subject to the validity periods required by section 63 of the CPA and to any Additional Terms stated on the voucher. Gift vouchers are not redeemable for cash.
7.8 Private Sessions. Private Sessions are subject to the cancellation periods set out in clause 9 and may be subject to separate pricing and scheduling arrangements with the relevant Instructor.
8.1 Memberships may be offered on a month-to-month basis (renewing automatically each month until cancelled) or for a fixed term (for example, 3, 6 or 12 months), as specified at the time of purchase.
8.2 Recurring billing. By purchasing a recurring Membership, you authorise us (through Payfast or another payment service provider we use) to charge the Membership fee to your nominated payment method on each billing date until the Membership is cancelled in accordance with these Terms. You must ensure that your payment method remains valid and has sufficient funds.
8.3 Month-to-month Memberships. You may cancel a month-to-month Membership at any time through the App (where available) or by written notice to Reformandglow0@gmail.com. Unless otherwise stated, cancellation will take effect at the end of the then-current billing cycle, provided that notice is received at least 7 (seven) days before the next billing date. No further debit orders or card charges will be processed after the cancellation takes effect.
8.4 Fixed-term Memberships. Where you are a Consumer to whom section 14 of the CPA applies, and you have entered into a fixed-term Membership:
8.5 Membership freezes. Subject to the terms of the relevant Membership, you may request that your Membership be suspended ("frozen") for medical reasons, pregnancy, extended travel or other reasonable grounds, for up to the maximum freeze period shown in the App per 12-month period, by giving at least 7 (seven) days' written notice. We may require supporting documentation (such as a medical certificate) for medical freezes.
8.6 Class entitlements. Unused Classes within a Membership billing cycle do not roll over to the following cycle unless expressly stated in the Membership description.
8.7 Our right to cancel a Membership is set out in clause 21.
9.1 Our Instructors prepare for each Class based on the number of Bookings, and places in Classes are limited. A late cancellation or failure to attend deprives other clients of a place. The policy below is intended to constitute a reasonable cancellation charge as contemplated in section 17 of the CPA, taking into account the nature of the Services, the length of notice given and the reasonable potential for us to fill the place.
9.2 Group Classes. You may cancel a Booking for a group Class without penalty up to 2 (two) hours before the scheduled start time of the Class, in which case the Class Credit will be returned to your Account (or, in the case of a single-Class purchase, re-credited to your Account as a Class Credit).
9.3 Private Sessions. You may cancel or reschedule a Private Session without penalty up to 24 (twenty-four) hours before the scheduled start time.
9.4 Late Cancellation. If you cancel a Booking after the applicable cancellation window referred to in clauses 9.2 or 9.3:
9.5 No-Show. If you fail to attend a Booking without cancelling it, or you arrive more than 5 (five) minutes after the scheduled start time of a Class (in which case, for safety reasons and out of respect for the Class in progress, your place may be given to a waitlisted client and you may be refused entry), the Booking will be treated as a No-Show and the consequences described in clause 9.4 will apply. In addition, we may charge a No-Show fee of the amount shown in the App in respect of unlimited Memberships.
9.6 Repeated Late Cancellations and No-Shows. Where you repeatedly cancel late or fail to attend, we may, after giving you a warning, restrict your ability to make advance Bookings for a reasonable period.
9.7 Exceptions. We may, in our reasonable discretion, waive Late Cancellation or No-Show consequences in genuine emergencies, for documented illness, or where you arrange for another client with an eligible Account to take your place with our prior approval. We will apply such discretion fairly and consistently. In accordance with section 17(4) of the CPA, no cancellation charge will be imposed where you are unable to honour a Booking because of your death or hospitalisation.
9.8 Cancellation by us. If we cancel a Class or Private Session for any reason (including Instructor illness, Equipment failure, load-shedding or power outage, or a Force Majeure Event), you will not be penalised and your Class Credit will be returned or the amount paid for that Class will be refunded or credited, at your election.
10.1 Payment processing. Online payments for Packages, Memberships, Private Sessions and other Services are processed by Payfast, a third-party payment gateway. Payment methods accepted may include credit and debit cards, instant EFT and other methods offered by Payfast from time to time. Payments at the Studio may be accepted by card or other methods as displayed at the Studio.
10.2 Card details. Your card and banking details are captured and processed directly by Payfast on its secure platform, which is required to comply with the Payment Card Industry Data Security Standard (PCI DSS). Reform and Glow does not receive or store your full card number, CVV or banking passwords. Where tokenisation is used for recurring billing, only a secure token or reference issued by Payfast is associated with your Account. Your use of Payfast is subject to Payfast's own terms and conditions and privacy policy.
10.3 Payment security. In accordance with section 46 of ECTA, we use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned. Subject to section 46 of ECTA and clause 14.6, we will not be liable for any loss or damage that you suffer as a result of the compromise of your payment information while it is under the control of Payfast, your bank or any other third party.
10.4 Timing of payment. Packages, Class Credits and Private Sessions must be paid for in full before the Booking is confirmed. Membership fees are payable in advance on the billing date specified at the time of purchase.
10.5 Failed payments. If a recurring payment fails, we may retry the charge, notify you and suspend your ability to make Bookings until payment is received. We may charge a reasonable administration fee of the amount shown in the App for failed payments, which will be disclosed to you in advance. Outstanding amounts remain due and payable.
10.6 In-app purchases. Where any digital content or subscription is offered for purchase through the in-app purchase mechanism of an App Marketplace (if applicable), the payment will be processed by Apple or Google (as the case may be) in accordance with their respective terms, and refunds for such purchases are subject to the refund policies of the relevant App Marketplace, without derogating from any rights you have under South African law.
10.7 Invoices and records. A record of each transaction will be made available to you via email and/or in your Account, which you may access, store and reproduce, as contemplated in section 43(1)(m) of ECTA.
11.1 General. Except as set out in these Terms or as required by law, purchases of Packages, Class Credits and Memberships are non-refundable and non-transferable. This does not affect any rights you have under the CPA or ECTA that cannot lawfully be excluded.
11.2 ECTA cooling-off (section 44). Where you are a Consumer who has concluded an agreement with us by means of an electronic transaction (for example, via the App or Website), and section 44 of ECTA applies to that transaction, you may cancel the agreement for the supply of services without reason and without penalty within 7 (seven) days after the date of conclusion of the agreement, by notifying us at Reformandglow0@gmail.com. In that case we will refund any payment made by you within 30 (thirty) days of the date of cancellation.
11.3 Exclusions from ECTA cooling-off. In accordance with section 42 of ECTA, the cooling-off right referred to in clause 11.2 does not apply, among other things, to: (a) services which began, with your consent, before the end of the 7 (seven) day cooling-off period (for example, where you have attended a Class or redeemed a Class Credit during that period); and (b) the provision of leisure services where we undertake, when the transaction is concluded, to supply those services on a specific date or within a specific period (for example, a Booking for a specific Class, workshop or event).
11.4 CPA cooling-off (section 16). If you entered into an agreement with us as a result of direct marketing (as defined in the CPA), you may cancel that agreement by written notice within 5 (five) Business Days after the agreement was concluded, and we will refund any payment within 15 (fifteen) Business Days of receiving your notice, in accordance with sections 16 and 20 of the CPA.
11.5 CPA advance bookings (section 17). Where section 17 of the CPA applies, you may cancel an advance Booking or reservation, subject to the reasonable cancellation charges set out in clause 9.
11.6 Medical credits. If you suffer a serious injury or medical condition, or become pregnant, and are advised by a medical practitioner not to participate in Classes, we will, upon receipt of a medical certificate, consider in good faith extending the validity period of your unused Class Credits, freezing your Membership in terms of clause 8.5, or (at our discretion) providing a pro-rata credit or refund.
11.7 Services not rendered in a satisfactory manner. In accordance with section 54 of the CPA, you are entitled to the timely performance of Services, and to Services of a quality that persons are generally entitled to expect. If a Class or Private Session is not performed in such a manner, you may require us to remedy the defect or to refund a reasonable portion of the price paid, having regard to the extent of the failure. Please notify us of any such complaint as soon as possible at Reformandglow0@gmail.com.
11.8 Refund method. Refunds, where applicable, will be made to the original payment method used (via Payfast where the payment was processed by Payfast), unless otherwise agreed. Processing times may depend on your bank or card issuer.
12.1 For the safety, comfort and enjoyment of all clients, you agree to comply with the following Studio Rules at all times while at the Studio or participating in any Class:
12.2 We may refuse entry to, or request that any person leave, the Studio or a Class if that person breaches the Studio Rules or if, in the reasonable opinion of the Instructor or Studio staff, that person's participation poses a risk to their own safety or the safety of others. In such circumstances, the Booking may be treated as a Late Cancellation, unless the refusal was due to reasons beyond your control.
12.3 You will be liable for any damage to the Studio or Equipment caused by your wilful misconduct or negligence, or by your failure to comply with the Studio Rules or the instructions of an Instructor, fair wear and tear excepted.
12.4 The Studio may be monitored by CCTV cameras in reception and common areas (never in change rooms or bathrooms) for security purposes. The processing of such footage is governed by the Privacy Policy.
IMPORTANT – CONSPICUOUS NOTICE (CPA SECTION 49): YOUR DUTY TO DISCLOSE HEALTH INFORMATION
YOU MUST INFORM REFORM AND GLOW (PTY) LTD OF ANY MEDICAL CONDITION, INJURY, PREGNANCY, SURGERY, MEDICATION OR CHANGE IN YOUR HEALTH BEFORE PARTICIPATING IN ANY CLASS OR PRIVATE SESSION, AND ON AN ONGOING BASIS THEREAFTER. IF YOU FAIL TO DO SO, YOU PARTICIPATE ENTIRELY AT YOUR OWN RISK.
This clause contains an acknowledgement of fact and an assumption of risk by you. Please read it carefully.
13.1 Pre-participation disclosure. Before your first Class or Private Session, you must complete the health and medical questionnaire provided in the App, on the Website or at the Studio (the "Health Questionnaire") fully, truthfully and accurately. You must also inform your Instructor in person before each Class of any relevant condition or change.
13.2 What you must disclose. Without limitation, you must disclose to Reform and Glow (Pty) Ltd and to your Instructor:
13.3 Ongoing duty to disclose. Your duty to disclose is a continuing one. You must update your Health Questionnaire in the App (or notify us at Reformandglow0@gmail.com) and inform your Instructor before the start of each Class if there is any change in your health, including any new injury, diagnosis, pregnancy, surgery or medication, or any worsening of an existing condition.
13.4 Consult a medical practitioner. We strongly recommend that you consult a qualified medical practitioner before commencing any new exercise programme, including reformer pilates. You must obtain medical clearance from a qualified medical practitioner before participating if you are pregnant or have recently given birth, have recently had surgery, have any heart condition, or have any other condition or injury referred to in clause 13.2 which may affect your safety, or if we request such clearance. We may refuse or defer your participation until we receive written medical clearance.
13.5 Instructors are not medical professionals. You acknowledge that our Instructors are fitness professionals and, unless expressly stated otherwise, are not medical doctors, physiotherapists or other registered health professionals. Instructors do not diagnose, treat or provide medical advice. Any modifications or suggestions offered by an Instructor are general in nature and do not replace the advice of your own medical practitioner.
13.6 Listen to your body. You agree to exercise within your own limits, to stop exercising immediately and inform the Instructor if you experience pain, dizziness, nausea, shortness of breath, chest discomfort or any other unusual symptom, and to seek medical attention where appropriate.
13.7 FAILURE TO DISCLOSE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT IF YOU FAIL TO DISCLOSE, OR INACCURATELY OR INCOMPLETELY DISCLOSE, ANY MEDICAL CONDITION, INJURY, PREGNANCY, SURGERY, MEDICATION OR CHANGE IN YOUR HEALTH, OR IF YOU FAIL TO OBTAIN MEDICAL CLEARANCE WHERE REQUIRED, OR IF YOU DISREGARD THE ADVICE OF YOUR MEDICAL PRACTITIONER OR INSTRUCTOR, YOU DO SO ENTIRELY AT YOUR OWN RISK AND, TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 14.6, REFORM AND GLOW (PTY) LTD, ITS DIRECTORS, EMPLOYEES, INSTRUCTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, LOSS OR DAMAGE THAT RESULTS FROM OR IS AGGRAVATED BY SUCH FAILURE.
13.8 Right to refuse participation. We may, acting reasonably and in the interests of your safety, refuse or restrict your participation in any Class, require you to attend a Private Session or a modified Class, or require medical clearance, based on the Health Information disclosed to us or on the observations of an Instructor.
13.9 Emergency medical treatment. In the event of an injury or medical emergency at the Studio, you consent to Instructors or staff administering basic first aid (to the extent they are able to) and to contacting emergency medical services and your nominated emergency contact, and to sharing relevant Health Information with emergency medical personnel. You will be responsible for any costs of emergency medical services, transport or treatment.
13.10 Processing of Health Information. Health Information is special personal information under POPIA. We will process your Health Information only with your explicit consent (or as otherwise permitted by POPIA), for the purposes of ensuring your safety, adapting Classes and responding to emergencies, and in accordance with our Privacy Policy. By completing the Health Questionnaire you consent to such processing.
13.11 Acknowledgement. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CLAUSE 13, THAT YOUR ATTENTION HAS BEEN SPECIFICALLY DRAWN TO IT, AND THAT YOU AGREE TO BE BOUND BY IT.
IMPORTANT – CONSPICUOUS NOTICE (CPA SECTION 49): ASSUMPTION OF RISK, INDEMNITY AND LIMITATION OF LIABILITY
THIS CLAUSE LIMITS THE LIABILITY OF REFORM AND GLOW (PTY) LTD, CONTAINS AN ASSUMPTION OF RISK BY YOU, REQUIRES YOU TO INDEMNIFY REFORM AND GLOW (PTY) LTD IN CERTAIN CIRCUMSTANCES, AND CONTAINS ACKNOWLEDGEMENTS OF FACT BY YOU. PLEASE READ IT CAREFULLY BEFORE ACCEPTING THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW, REFORM AND GLOW (PTY) LTD TAKES NO RESPONSIBILITY FOR ANY INJURY, LOSS OR DAMAGE SUSTAINED BY YOU WHILE USING ANY EQUIPMENT IN THE STUDIO OR PARTICIPATING IN ANY CLASS OR PRIVATE SESSION.
14.1 Application. This clause 14 applies to all Services, whether provided at the Studio, online or elsewhere, and to every person who participates in any Class or Private Session or uses any Equipment, including minors participating with the consent of a parent or legal guardian (who accepts this clause 14 on the minor's behalf and in his or her own personal capacity).
14.2 Nature of the activities. You acknowledge and understand that reformer pilates and other forms of physical exercise offered by Reform and Glow involve the use of spring-loaded and moving Equipment, resistance, balance, stretching, lifting, weight-bearing and cardiovascular exertion, and that such activities carry inherent risks which cannot be entirely eliminated, even when all reasonable care is taken.
14.3 Inherent risks. The risks of participating include, without limitation: muscle strains, sprains and tears; joint, ligament, tendon and back injuries; fractures; injuries caused by springs, straps, carriages, foot bars or other moving parts of Equipment (including pinching, trapping or impact injuries); slipping, tripping or falling from or near Equipment; aggravation of pre-existing conditions (whether disclosed or not); fatigue, dizziness, fainting, dehydration and overexertion; cardiovascular events including heart attack or stroke; and, in extreme cases, permanent disability or death.
14.4 Voluntary assumption of risk. YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IN ALL CLASSES, PRIVATE SESSIONS AND ACTIVITIES, AND YOUR USE OF ANY EQUIPMENT AT THE STUDIO, IS ENTIRELY VOLUNTARY. YOU KNOWINGLY, FREELY AND VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH PARTICIPATION AND USE, WHETHER KNOWN OR UNKNOWN, INCLUDING THE RISKS DESCRIBED IN CLAUSE 14.3.
14.5 Exclusion of liability. SUBJECT TO CLAUSE 14.6, AND TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW (INCLUDING THE CPA), NEITHER REFORM AND GLOW (PTY) LTD NOR ANY OF ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, INSTRUCTORS, INDEPENDENT CONTRACTORS, AGENTS OR SUPPLIERS (COLLECTIVELY, THE "RELEASED PARTIES") WILL BE LIABLE TO YOU OR TO ANY PERSON CLAIMING THROUGH YOU (INCLUDING YOUR DEPENDANTS, HEIRS AND EXECUTORS) FOR ANY BODILY INJURY, ILLNESS, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND WHATSOEVER, HOWSOEVER ARISING, WHICH IS SUSTAINED BY YOU WHILE AT THE STUDIO, WHILE USING ANY EQUIPMENT, OR AS A RESULT OF YOUR PARTICIPATION IN ANY CLASS, PRIVATE SESSION, ONLINE CLASS OR OTHER ACTIVITY, OR YOUR USE OF THE APP OR ANY CONTENT, INCLUDING WHERE SUCH INJURY, LOSS OR DAMAGE ARISES FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
14.6 Exceptions. Nothing in these Terms excludes or limits, or purports to exclude or limit, any liability of Reform and Glow (Pty) Ltd: (a) for loss or damage caused by its gross negligence, or that of any person acting for or controlled by it, as contemplated in section 51(1)(c) of the CPA; (b) for wilful misconduct, fraud or fraudulent misrepresentation; (c) under section 61 of the CPA, to the extent that it applies and cannot lawfully be excluded; or (d) to any other extent that such liability cannot lawfully be excluded or limited under South African law. Clauses 13.7, 14.5, 14.7, 14.8 and 15.1 must be read subject to this clause 14.6.
14.7 Limitation of liability. SUBJECT TO CLAUSE 14.6, WHERE REFORM AND GLOW (PTY) LTD IS FOUND LIABLE TO YOU FOR ANY REASON, ITS TOTAL AGGREGATE LIABILITY, WHETHER IN CONTRACT, DELICT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO REFORM AND GLOW (PTY) LTD FOR THE SERVICES IN THE 3 (THREE) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND REFORM AND GLOW (PTY) LTD WILL IN NO CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PURE ECONOMIC LOSS, INCLUDING LOSS OF INCOME, PROFIT, EARNINGS OR OPPORTUNITY.
14.8 Indemnity. SUBJECT TO CLAUSE 14.6, YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON THE ATTORNEY-AND-OWN-CLIENT SCALE) MADE AGAINST OR INCURRED BY ANY OF THEM BY ANY THIRD PARTY (INCLUDING ANY OTHER CLIENT, YOUR DEPENDANTS OR A MINOR FOR WHOM YOU ARE RESPONSIBLE) ARISING FROM OR IN CONNECTION WITH: (A) YOUR BREACH OF THESE TERMS OR THE STUDIO RULES; (B) YOUR FAILURE TO DISCLOSE HEALTH INFORMATION IN ACCORDANCE WITH CLAUSE 13; (C) YOUR NEGLIGENT OR WILFUL MISUSE OF ANY EQUIPMENT; OR (D) ANY NEGLIGENT OR WILFUL ACT OR OMISSION BY YOU WHILE AT THE STUDIO.
14.9 Your responsibility for Equipment use. You acknowledge that you have been, or will be, given an opportunity to receive instruction on the correct use of the Equipment, that you will not use any Equipment unless you understand how to use it safely, and that you will ask an Instructor for assistance whenever you are unsure.
14.10 Online Classes and Content. Where you participate in an online Class or follow any workout, programme or Content made available in the App or on the Website without direct supervision, you do so entirely at your own risk, and clauses 13 and 14 apply equally to such participation.
14.11 Insurance. We recommend that you maintain your own medical aid, personal accident and/or disability insurance cover. Reform and Glow does not provide personal accident or medical insurance for clients.
14.12 Acknowledgement. BY ACCEPTING THESE TERMS YOU ACKNOWLEDGE THAT: (A) YOU HAVE READ AND UNDERSTOOD THIS CLAUSE 14; (B) YOUR ATTENTION HAS BEEN SPECIFICALLY DRAWN TO ITS NATURE AND EFFECT; (C) YOU HAVE HAD AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS AND TO SEEK INDEPENDENT ADVICE; AND (D) YOU AGREE TO BE BOUND BY IT, WHICH AGREEMENT YOU CONFIRM BY ELECTRONICALLY ACCEPTING THESE TERMS.
15.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR PERSONAL BELONGINGS, INCLUDING ANY VEHICLE, WHILE AT OR NEAR THE STUDIO. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO CLAUSE 14.6, REFORM AND GLOW (PTY) LTD WILL NOT BE LIABLE FOR ANY LOSS OF, THEFT OF, OR DAMAGE TO ANY PERSONAL BELONGINGS OR VEHICLES, WHETHER LEFT IN LOCKERS, CUBBIES, CHANGE ROOMS, PARKING AREAS OR ELSEWHERE AT THE STUDIO.
15.2 Where lockers or storage facilities are provided, they are provided for your convenience only, and their use does not create a contract of deposit or any obligation of safekeeping on our part. We recommend that you do not bring valuables to the Studio.
15.3 Items left at the Studio will be kept as lost property for 30 (thirty) days, after which they may be donated to charity or disposed of.
16.1 The App, the Website, the Content, and all trade marks, logos, trade names, class formats, class names, choreography, programme designs, designs, software and other intellectual property relating to the Services ("Intellectual Property") are owned by or licensed to Reform and Glow (Pty) Ltd and are protected by South African and international intellectual property laws.
16.2 Nothing in these Terms transfers any ownership of the Intellectual Property to you. Except as expressly permitted by these Terms, you may not copy, reproduce, record, broadcast, stream, distribute, modify, create derivative works from, publicly display, sell or otherwise exploit any Intellectual Property without our prior written consent.
16.3 You may not record (by video or audio) any Class or online Class, or reproduce any class programme for commercial purposes, without our prior written consent.
16.4 If you submit any reviews, testimonials, photographs, comments, feedback or other content to us or through the App ("User Content"), you grant Reform and Glow a non-exclusive, royalty-free, worldwide, transferable licence to use, reproduce and display such User Content in connection with the Services and our marketing, subject to our Privacy Policy. You warrant that you own or have the right to submit such User Content and that it does not infringe the rights of any third party. We will not use your name, image or likeness in marketing material without your consent.
17.1 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use in connection with the Services.
17.2 You agree that you will not, and will not attempt to or permit any other person to:
17.3 App Marketplace terms. The following provisions apply where you download the App from the App Store or Google Play:
17.4 Updates. We may from time to time release updates to the App. Some updates may be required in order to continue using the App. You are responsible for ensuring that your device meets the minimum technical requirements and for any data or network charges incurred in downloading and using the App.
18.1 The App and Services may integrate with, rely on or contain links to services, platforms, websites or content provided by third parties, including Payfast (payment processing), Apple and Google (app distribution and device services), push-notification services, mapping services, analytics providers, calendar applications and social media platforms ("Third-Party Services").
18.2 Third-Party Services are governed by their own terms and privacy policies, which we encourage you to read. We do not control, and are not responsible for, the availability, content, security or practices of any Third-Party Services. Your use of any Third-Party Service is at your own risk.
18.3 Subject to clause 14.6, we will not be liable for any loss or damage arising from any interruption, failure, error or unavailability of any Third-Party Service, including any failure of the Payfast payment gateway, or any delay in the delivery of notifications by a push-notification service.
18.4 The inclusion of a link to a third-party website does not imply our endorsement of that website or its operator.
19.1 We will use reasonable efforts to ensure that the App and Website are available at all times, but we do not guarantee uninterrupted, timely or error-free availability. The App and Website may be temporarily unavailable due to maintenance, updates, technical faults, internet or network failures, load-shedding or power outages, or other circumstances beyond our reasonable control.
19.2 We may, at any time, modify, suspend or discontinue any feature or part of the App, Website or Services, including Class types, the timetable, the Studio's operating hours and Instructors. Where such a change materially affects a Package or Membership that you have already paid for, we will notify you and, where appropriate, offer you a reasonable alternative, a credit, or a pro-rata refund of the unused portion.
19.3 We may temporarily close the Studio for maintenance, public holidays, events or other operational reasons. We will give reasonable advance notice of planned closures through the App or by email, and will extend the validity of affected Class Credits or Memberships where the closure materially affects your ability to use them.
19.4 If Reform and Glow relocates the Studio, opens additional studios, or ceases to trade, we will notify you in advance and deal with unused Packages and Memberships fairly and in accordance with the CPA.
20.1 We may from time to time take photographs or video footage at the Studio or during Classes for marketing, social media and promotional purposes. We will inform clients in advance when photography or filming is planned, and we will not publish images or footage in which you are identifiable without your prior consent.
20.2 If you do not wish to be photographed or filmed, please inform the Instructor or Studio staff, and we will take reasonable steps to ensure that you are not included, or that you are not identifiable.
20.3 Where you have consented to the use of your image, you may withdraw that consent at any time by emailing Reformandglow0@gmail.com. We will then cease to use your image in new material, although it may not be practicable to remove material already published or printed.
20.4 If you share content about Reform and Glow on social media, you must respect the privacy of other clients and staff, and must not post images or footage of other persons without their consent.
21.1 You may terminate your use of the App at any time by deleting it from your device and requesting closure of your Account. Termination of any Membership is governed by clause 8.
21.2 We may suspend or terminate your Account, cancel any Booking, or refuse you access to the App, the Studio or the Services, by written notice to you, if:
21.3 If we terminate your Account or Membership for reasons other than your breach, we will refund you a pro-rata amount for any unused, paid-for Class Credits or Membership period. If we terminate due to your material breach, we may retain amounts paid to the extent permitted by law, without prejudice to any other rights we may have.
21.4 Termination will not affect any rights or obligations that have accrued prior to termination, or any provisions that are intended to survive termination.
22.1 We respect your privacy and are committed to protecting your personal information in accordance with POPIA. Our collection, use, storage, sharing and other processing of your personal information, including special personal information such as your Health Information, is governed by our Privacy Policy, which is available in the App and at https://reformglow.co.za and which forms part of these Terms.
22.2 By using the App and the Services, you acknowledge that you have read the Privacy Policy. Where our processing of your personal information requires your consent (for example, the processing of your Health Information or the sending of electronic direct marketing where consent is required), we will obtain that consent separately and you may withdraw it at any time, as described in the Privacy Policy.
22.3 A copy of our manual prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 ("PAIA") is available on request from Reformandglow0@gmail.com or on our Website.
23.1 You agree that we may communicate with you electronically, including by email, SMS, instant messaging (such as WhatsApp), push notifications and in-app messages, in respect of your Account, Bookings, payments, changes to the timetable, changes to these Terms and other operational matters.
23.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with ECTA.
23.3 A data message sent by us will be deemed to have been received by you when it enters an information system designated or used by you (for example, your email inbox or device), in accordance with section 23 of ECTA.
23.4 Marketing communications will only be sent in accordance with section 69 of POPIA and the CPA. You may opt out of receiving marketing communications at any time by using the unsubscribe link in any marketing email, adjusting your notification settings in the App or on your device, or emailing Reformandglow0@gmail.com. Opting out of marketing will not affect operational communications that are necessary to provide the Services.
23.5 ECTA section 43 disclosures. For purposes of section 43(1) of ECTA, the following information is made available to you:
24.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO YOUR RIGHTS UNDER THE CPA AND CLAUSE 14.6, THE APP, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE APP OR WEBSITE WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
24.2 THE CONTENT, INCLUDING ANY WORKOUT VIDEOS, FITNESS TIPS, NUTRITIONAL INFORMATION, BLOG POSTS OR WELLNESS INFORMATION, IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL, PHYSIOTHERAPY, NUTRITIONAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROFESSIONAL REGARDING ANY MEDICAL CONDITION OR BEFORE MAKING ANY CHANGES TO YOUR EXERCISE, DIET OR HEALTH REGIME.
24.3 We do not guarantee any particular fitness, health, weight-loss, aesthetic or other result from participation in the Services. Results vary from person to person and depend on many factors outside of our control.
24.4 Any testimonials or client stories displayed in the App, on the Website or on social media reflect the individual experiences of those clients and are not a guarantee of similar results.
25.1 We will not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control (a "Force Majeure Event"), including acts of God, fire, flood, storm, earthquake, epidemic, pandemic, government lockdown or restrictions, war, terrorism, riots, civil unrest, strikes or labour disputes (other than those of our own staff), load-shedding or electricity or water supply interruptions, failure of public telecommunications networks, failure of third-party service providers (including Payfast or the App Marketplaces), cyber-attacks, or the unavailability of the Studio premises due to the acts of the landlord or any authority.
25.2 If a Force Majeure Event occurs, we will notify you as soon as reasonably practicable and will take reasonable steps to minimise its effect. Where the Studio is closed for more than 7 (seven) consecutive days as a result of a Force Majeure Event, we will extend the validity of affected Class Credits and Memberships, suspend Membership billing for the period of closure, offer online Classes as an alternative (where feasible), or provide a pro-rata credit, in each case in a manner that is fair and reasonable and consistent with the CPA.
26.1 Complaints. If you have a complaint about the Services, the App or these Terms, please contact us first at Reformandglow0@gmail.com, providing your name, Account details and a description of your complaint. We will acknowledge receipt within 3 (three) Business Days and endeavour to resolve the complaint within 14 (fourteen) Business Days.
26.2 Negotiation. If a complaint is not resolved under clause 26.1, either party may request that a senior representative of Reform and Glow and you meet (in person or virtually) to attempt in good faith to resolve the dispute within 10 (ten) Business Days of the request.
26.3 Alternative dispute resolution. If the dispute is not resolved by negotiation, and you are a Consumer, you may refer the dispute to the Consumer Goods and Services Ombud ("CGSO"), or to any other alternative dispute resolution agent, provincial consumer court or consumer protector contemplated in section 69 of the CPA, or lodge a complaint with the National Consumer Commission. Complaints relating to personal information may be lodged with the Information Regulator, as described in the Privacy Policy.
26.4 Mediation. Alternatively, the parties may agree to refer the dispute to mediation by a mediator agreed upon by the parties or, failing agreement, appointed by an accredited mediation body, with the costs of mediation borne equally unless otherwise agreed.
26.5 Courts. Nothing in this clause 26 prevents either party from approaching a court of competent jurisdiction for urgent interim relief, or limits any right you have as a Consumer to approach a court, tribunal or regulatory body.
27.1 These Terms, and any dispute or claim arising out of or in connection with them, the App or the Services (including non-contractual disputes or claims), are governed by and must be interpreted in accordance with the laws of the Republic of South Africa only.
27.2 Subject to clause 26, the parties consent to the jurisdiction of the Magistrates' Court having jurisdiction in terms of section 45 of the Magistrates' Courts Act 32 of 1944, notwithstanding that the amount in dispute may exceed the jurisdiction of that court. We may, however, elect to institute proceedings in the High Court of South Africa having jurisdiction. Nothing in this clause limits your right as a Consumer to institute proceedings in any court having jurisdiction.
27.3 If you access the App or the Services from outside South Africa, you do so on your own initiative and you are responsible for compliance with local laws, but these Terms will remain subject to South African law only.
28.1 We may amend these Terms from time to time to reflect changes in the law, our Services, our business practices or for other legitimate reasons. The amended Terms will be published in the App and on the Website, with the "Last Updated" date revised accordingly.
28.2 Where an amendment is material, we will notify you at least 14 (fourteen) days before it takes effect by email, push notification and/or in-app notice. Material amendments will not apply retrospectively to Packages or fixed-term Memberships purchased before the amendment takes effect, unless the amendment is required by law or is to your benefit.
28.3 If you do not agree with any amendment, you may stop using the App and Services and, where applicable, cancel your Membership in accordance with clause 8 before the amendment takes effect. Your continued use of the App or Services after the amendment takes effect will constitute your acceptance of the amended Terms.
29.1 Severability. Each provision of these Terms is severable from the others. If any provision is found to be invalid, unlawful, unenforceable or in conflict with the CPA or any other law, that provision will be deemed to be amended to the minimum extent necessary to render it valid and enforceable (or, if that is not possible, severed), and the remaining provisions will continue in full force and effect.
29.2 Whole agreement. These Terms, together with the Privacy Policy, the Studio Rules, the terms of any Package or Membership displayed at the time of purchase, and any Additional Terms, constitute the whole agreement between you and Reform and Glow in relation to their subject matter. No representation, warranty or undertaking not contained in these documents will be binding on either party, save to the extent required by law.
29.3 Waiver and relaxation. No indulgence, extension of time, relaxation or latitude granted by either party to the other will constitute a waiver of any rights or prejudice the rights of that party, nor will it preclude that party from exercising those rights at any time in the future. No waiver will be effective unless it is in writing.
29.4 Assignment. You may not cede, assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may cede, assign or transfer our rights and obligations under these Terms to any successor in title to our business, provided that your rights under these Terms are not diminished as a result, and we will notify you of any such transfer.
29.5 Relationship. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and Reform and Glow.
29.6 Third parties. Save as expressly provided in clause 17.3 in respect of Apple and in clause 14 in respect of the Released Parties, these Terms do not confer any rights on any third party.
29.7 Costs. Where legal proceedings are instituted, the successful party will be entitled to recover its legal costs as determined by the court.
30.1 Reform and Glow chooses as its domicilium citandi et executandi (the address at which legal notices and processes may be served) the following physical address: 32 Old Main Road, The Cube, Hillcrest, KwaZulu-Natal. Reform and Glow's email address for the delivery of notices is Reformandglow0@gmail.com.
30.2 You choose as your domicilium citandi et executandi the physical address (if any) and email address registered on your Account, as updated by you from time to time.
30.3 Any notice to be given under these Terms must be in writing and may be delivered by hand to the domicilium address, or sent by email to the relevant email address. A notice sent by email will be deemed to have been received on the first Business Day after it was sent, unless the contrary is proved. A notice delivered by hand will be deemed to have been received on the day of delivery, if a Business Day, or otherwise on the next Business Day.
30.4 Either party may change its domicilium address to another physical address in the Republic of South Africa, or its email address, by giving not less than 7 (seven) days' written notice to the other party.
30.5 Notwithstanding anything to the contrary, a written notice actually received by a party will be adequate written notice to it, even if not sent to or delivered at its chosen domicilium address.
31.1 If you have any questions about these Terms, the Services or your Account, or if you wish to lodge a complaint, cancel a Membership or exercise any of your rights, please contact us:
31.2 By accepting these Terms electronically, you confirm that you have read and understood these Terms in their entirety, in particular clauses 13, 14, 15 and 24, which have been drawn to your attention in accordance with section 49 of the CPA, and that you agree to be bound by them.