Terms and Conditions

General Indemnity

I, the member, hereby confirm that I am physically and medically fit to proceed with the EMS (electro muscle stimulation) exercise and the training routine. I acknowledge and accept that I will conduct the EMS training entirely at my own risk and hereby indemnify and hold completely harmless and blameless Body20 Botswana, together with all of its members, employees, agents, representatives, franchisees, trainers, and any other person involved in my EMS training, against any claim, liability, damages or any other loss whatsoever resulting from or related to my EMS training, whether directly or indirectly. This indemnity extends to waiving any claim of whatsoever nature arising purely from my presence at a Body20 premises. This indemnity shall be binding on my estate, executor, heirs, administrator, parents or guardians.

SPECIFIC TERMS AND CONDITIONS

1. EMS SESSIONS – At the commencement of the Membership, subject to availability, the Member will book and cancel their EMS sessions via the Octiv booking app. In the event that the Member is unable to attend a pre-booked training session and the 12/6 hour notice rule has been adhered to, the Member shall be entitled to catch this session up over a (3) three month period, subject to availability and at the Body20 Studio’s discretion, as long as the membership is active and all payments are up to date. ALL CATCH-UP SESSIONS OLDER THAN (3) THREE MONTHS ARE FORFEITED/LOST, AND CAN BE CONSIDERED EXPIRED, unless the Member has a Medical Certificate that proves they were unable to attend in that time due to poor health. Body20 Franchisees reserve the right to terminate any recurring bookings of any Member, that are unattended for (2) two consecutive weeks, to free the time slot up for other members who would like to book in the specific time slot. It remains the complete and full responsibility of each member to complete their sessions in a timely manner, and Body20 Botswana, together with all of its members, employees, agents, representatives, franchisees, trainers, and any other person involved in my EMS training, will under no circumstances be held responsible for the poor attendance / poor time management of any Member, since adequate time is awarded to each member to catch-up their sessions, as long as the membership fees are up to date, and the membership is Active. 

2. ADDITIONAL TOP-UP EMS SESSIONS – the Member may purchase top-up sessions at any time at a fee equal to the cost per session of their respective selected Membership package. 

3. 12/6 HOUR NOTICE RULE – Body20 enforces a strict 12 hour notice rule for all peak hour time slots and a strict 6 hour notice rule for all off-peak (10am-3pm weekdays) time slots, which requires the Member to book and cancel their sessions using the Octiv App on their phone, should they not be able to attend their booked session, in order to qualify for a catch-up session credit, as detailed above

4. GENERAL TERMS AND CONDITIONS, PRIVACY POLICY AND CODES OF CONDUCT
Body20 and each of its Franchisee operated Studios may implement general terms and conditions, privacy policies and codes of conduct, which may be amended from time-to-time.

5. MEMBERSHIP AGREEMENT CANCELLATION – By entering into the Membership Agreement, the Member acknowledges and agrees to abide by the terms of the Agreement, and that should the Member elect to prematurely cancel the agreement for any reason whatsoever, then Body20 shall be entitled to a reasonable cancellation penalty and any outstanding amounts accrued in respect of the services to be provided in contemplation of the agreement, enduring for its intended term, whether the member attended sessions or not, as set out below:

6. 12 and 24 Month Contracts – The Member may cancel a 12 / 24 month contract Membership Agreement by giving **one (1) month’s written notice of an active membership, and completing the cancellation form available upon request. The form has to be sent by the Member to their Body20 Studio via email. An SMS / WhatsApp/ Email/Phone Call will not be considered written notice. Upon cancellation the Member will be liable for a once-off cancellation fee of twice their monthly fee provided the membership is within its initial contractual period, as well as any other outstanding amounts accrued over the term of the agreement, must be up to date to terminate this Membership Agreement. 
Email: sebele@body20.co.bw

6.1. Upon completion of the initial 12 or 24 month contractual period, a Member may cancel a Membership agreement on the condition that there are no outstanding fees / amounts due, by giving **one (1) month’s written notice of an active membership, through completing the cancellation form available upon request, that has to be delivered by the Member to their Body20 Studio by email, where no cancellation fee applies.
Email: sebele@body20.co.bw

6.2. Body20 may cancel the Membership Agreement by giving **one (1) month’s written notice delivered to the Member, in the event that the Member fails to comply with any terms of the Membership Agreement, unless the Member rectifies the failure within the notice period. Should the Membership Agreement be cancelled by Body20, as detailed here, the membership will no longer be active, and the member will be liable for all outstanding fees, and legal fees applicable. 
Email: sebele@body20.co.bw

6.3. The right to transfer of a Membership to someone else’s name, remains the decision and at the discression of the Franchisee.

7. MEMBERSHIP FREEZING – The Member may freeze their Membership for a minimum of one (1) month up to a maximum of three (3) months in a 12-month cycle for medical reasons only, by providing a medical certificate from a registered medical practitioner, and provided the member’s account is not in arrears. The minimum contract period, where applicable, will be extended by the number of months the membership is frozen. 

8. MEMBERSHIP AGREEMENT EXPIRY, RENEWAL & FEE ADJUSTMENTS – 12 & 24 MONTH CONTRACT:
Upon the expiry of the initial term of the Membership Agreement
, unless the Member shall have notified Body20 no less than **one (1) month before its expiry date, the Membership Agreement shall automatically remain active, and continue on a month-tomonth basis, on any amended terms and conditions, including membership fee increases as have been applied during the minimum contract period, until the Member either: 

8.1 Cancels the Membership Agreement by giving **one (1) month’s written notice, it being specifically recorded that no cancellation fee (as set out in clause 6 above) shall be applicable in these circumstances, nor should there be any outstanding balances owed to the studio, as a result of failed debit orders / any other payments owed, or

8.2 Enters into a new Membership Agreement with Body20 on the prevailing terms and conditions thereof. 

9. PAYMENT METHODS – The following payment methods are applicable:

9.1 Membership Agreements: the Member agrees:

9.2. to pay via debit order for all monthly Membership Fees due;

9..2.1 that debit orders are run by the Body20 Botswana accounts on either:

9.2.2.1 the 25th day of each month, in advance for the upcoming month, or

9.2.2.2 on the 1st day of the current month, or

9.2.2.3 on the 5th day of the current month.

9.3 ALL CASH PAYMENTS(outside of EFT/Swipes) made in the studio, has to be reported by email to sebele@body20.co.bw or body20bw@gmail.com(accounts email address) within (2)two business days of the transaction. NB: We will NEVER ask you to pay with an Ewallet

9.4 Unpaid Debit Orders: In the event that any debit order/payment is returned and/or declined for any reason whatsoever, or in the event that the Member has cancelled the Membership Agreement but does not pay the agreed and reasonable Cancellation Fee (as set out in clause 6 hereof) in accord with the expressed terms of the signed Membership Agreement, Body20 reserves the right to charge the client a collection fee of P50 per debit order that returns unpaid. 

If you anticipate any changes in your banking profile that might negatively affect your debit orders from going through, please advise sebele@body20.co.bw cc body20bw@gmail.com seven (7) business days prior to your selected debit order date, to make other arrangements.

Body20 shall be entitled to hand the Client over for immediate Legal Action in order to recover any moneys owed to Body20 Botswana in terms hereof, and in doing so shall also be entitled to recover all of their associated legal costs on the attorney and own-client scale.

Membership fees for all contract types will increase on an annual basis, on the 1st of January, at a rate that is linked to CPI and commercial requirements at the sole discretion of Body20.

10. PERSONAL INFORMATION – Body20 will keep personal information provided herein confidential, and Body20 undertakes to take all reasonable and necessary steps to protect the personal information. The Member understands that such measures may not be successful in protecting the information completely, and to the extent that there is any breach of Body20’s security measures, the Member shall have no claim against Body20 in respect thereof, irrespective of the nature of circumstances of the breach.

**ANY Outstanding fees OR documentation will result in the membership and debit orders to remain active on all contract options. The Member’s profile must be Active and paid up to date during the notice period.

**SMS / WhatsApp / Email / PhoneCalls will not be considered proper written notice, as the cancellation procedure is laid out thoroughly in this membership agreement. Kindly keep all matters related to your membership / account in writing: sebele@body20.co.bw or body20bw@gmail.com.

I hereby acknowledge that I have read THROUGH, understand AND AGREE WITH the terms and conditions STIPULATED IN THIS AGREEMENT