TERMS AND CONDITIONS, MEMBERSHIP AGREEMENT AND LIABILITY WAIVER
Grapple House (Pty) Ltd t/a 10th Planet Cape Town

1. DEFINITIONS

"Gym" means Grapple House (Pty) Ltd trading as 10th Planet Cape Town ("10th Planet Cape Town"). "Member" includes any person or guardian signing this agreement.

2. NATURE OF ACTIVITIES AND ASSUMPTION OF RISK

The Member acknowledges that Brazilian Jiu-Jitsu and submission grappling are physically demanding contact activities that carry an inherent risk of injury, including but not limited to strains, sprains, joint injuries, and, in rare cases, more serious injury or medical complications. Participation is voluntary and at the Member’s own risk..

3. RELEASE, WAIVER AND INDEMNITY

To the fullest extent permitted by South African law, the Member indemnifies and holds harmless Grapple House (Pty) Ltd, its owners, employees and contractors against any claims arising from participation or use of the facilities, except in cases of gross negligence.

4. MEDICAL FITNESS AND CONSENT

The Member warrants that they are medically fit. The Gym may arrange emergency treatment at the Member’s cost.

5. INJURY REPORTING

The Member must immediately report any injury sustained on the premises or during training to an instructor or management.

6. MEMBERSHIP AND PAYMENT

Membership fees are payable in advance via debit order. The Member authorises recurring deductions via the Gym’s appointed payment provider, subject to a separate mandate (including DebiCheck), which forms part of this agreement.

The Member acknowledges and agrees that certain payments made to Grapple House (Pty) Ltd t/a 10th Planet Cape Town may be processed via an independent third-party payment service provider, namely Paystack.

By making payment through the online payment system, the Member authorises the processing of payment details, including card information, by the third-party provider in accordance with their applicable terms and conditions and security protocols.

The Company does not store or have access to the Member’s full card details and shall not be liable for any loss, damage, or unauthorised access arising from the use of the third-party payment platform, except to the extent required by applicable law.

All payments processed via Paystack are subject to verification and approval by the relevant financial institution. The Company reserves the right to refuse, cancel, or reverse any transaction where fraud, error, or unauthorised use is reasonably suspected.

The Member remains responsible for ensuring that all payment information provided is accurate and that sufficient funds are available at the time of transaction.

7. FAILED PAYMENTS AND PENALTIES

A fee of R90 shall be charged for each failed debit order. The Gym may suspend access until arrears are settled.

8. REFUND POLICY

All membership payments are non-refundable, including unused training time, except where required by law. Refunds or exchanges for merchandise will only be permitted in the case of incorrect sizing or defective/damaged goods, subject to return within 28 days and in original condition.

9. CANCELLATION

30 (thirty) days written notice is required. Fees remain payable during the notice period.

10. SUSPENSION

The Gym may suspend membership for non-payment, misconduct or safety concerns without terminating this agreement.

11. POPIA AND DATA PROTECTION

The Member consents to the collection, processing, storage and sharing of personal information in accordance with the Protection of Personal Information Act, including sharing with payment providers and service partners for purposes of administering this agreement.

12. CODE OF CONDUCT

Members must act safely and respectfully. Breach may result in termination.

13. GRADING AND RANK

Other gyms’ belts are recognised for training purposes only. Promotions are not automatic and are entirely at the sole discretion of the head coach.

14. MINORS

Guardians accept all risks on behalf of minors.

15. GOVERNING LAW

This agreement is governed by South African law.

16. ACKNOWLEDGEMENT

By signing, the Member confirms understanding and acceptance of these terms.