The contract including the terms and conditions herein are entered by and between SPIRIT BALANCE LTD (hereinafter “the Club”) and You (hereinafter: “the Parent – or legal guardian – ” of the Player as « the Member »).

1.1. General

The contract is concluded for an indeterminate duration as from the start of the subscription date. It specifically stipulates a minimum commitment period of 6 months. After the 6-months commitment period, the Member may terminate the contract by providing two (2) months’ prior notice. Should the member wish to cancel the contract he/she must notify the Club as per the terms and conditions stipulated in the clause 1.3.

It is compulsory to settle the payment of the registration fees (if applicable) on the signature date of this contract, which fee are non-refundable.

The contract is scanned and sent to the Member via email.

Apart from the registration fee, the monthly fees must be paid on the first of every month through standing order or direct debit. It is the sole responsibility of the Member to ensure that the standing order or direct debit is set up with his/her bank.

Payment by cheque will not be accepted.

In the event that a Member wishes to pay the membership fees in cash, such payment shall be made in full and in advance for six (6) months.

The third-party insurance liability of the Club is covered by « public liability policy Ace Tennis Policy No. 38752/11 Mauritius Union.

The Member cannot assign or transfer to anyone in any way his/her membership contract rights whether free of charge or against payment without prior written authorisation from the Club’s management.

1.2. Terms and conditions of suspension and termination of the contract by the Club

The Club reserves the rights to terminate the contract without notice or compensation if (a) the Member / Player behave and dresse in a way that the management considers inappropriate or can disrupt the smooth and proper functioning of the sports activities or public order, (b) interferes or disturbs other members / Player, and/or (c) breaches the code of conduct or the terms of the contract.

It is also understood that the contract’s suspension or cancellation may occur in the following cases (non-exhaustive list):

– In case of fraud in the creation of the subscription file, false statement, falsification of documents.

– In the event of payment default, it is stipulated that the first non-payment results in the suspension of the membership access until the arrears are paid with an additional charge of Rs500 for re-admission.

1.3. Terms and conditions of termination of the contract by the Member

The Member may request the termination of his/her membership only after the expiry of the 6-month commitment period. A cancellation request MUST be submitted by filling the termination form available at the Club. Cancellation requests communicated by telephone, email or any other means of communication will not be considered by the Club.

The termination of the contract will be effective on the expiry of the two (2) months’ notice.
It is understood that the two (2) months’ notice means the current month and the following month.

The termination form submitted to the Club will be scanned and sent back to the Member via email.

The Member is reminded that monthly fees remain contractually payable during the notice period. The Member is required to immediately (by card/cash or bank transfer proof) settle any monthly arrears and to effect payment for the notice period.

1.4. Parental Consent

As the parent or legal guardian of the Player named in this contract, do hereby give my full consent and approval for my child (Player) to participate in the sports and tennis activities. I agree not to bring any claim at the Club or instructors involved in the event for loss, damage, or injury sustained during this activity. I agree to abide by the rules and regulations of the Club.

1.5. Price Changes

All prices are fixed for the first 6 months of the contract and may thereafter be subject to change by Club following prior notice of not less than two (2) months.

1.6. Satisfaction guarantee
During 7 days from the start of the membership, the Member can cancel his/her membership free of charge and will be reimbursed in full within a period of 30 days (except for (a) the registration fees, and (b) the fee for the membership card or the QR code on the signature date of this contract (if applicable), which will not be reimbursed).

1.7. Payment and late payment

The Member must pay the membership fees for the duration of the contract.

The Member is responsible for all payments, even in the case of standing orders or direct debits submitted to the Club.

For payment by standing order or direct debit, in the event of the failure to pay the monthly membership fee by the 1st of each month, access to the Club shall be denied to the Member until the payment is effected.

For payment in cash, in the event of the failure to pay the six (6) months’ membership fee in full by the 1st day of every six (6) months, access to the Club shall be denied to the Member until the payment is effected.

For the avoidance of doubt, the membership continues to run even if the Member’s access is denied. As soon as the outstanding payments are settled, access to the Club will be granted to the Member. The Club reserves the right to take any action following a breach by the Member (including sending reminders by email or SMS or by any other means that the Club considers appropriate, initiating recovery proceedings and/or initiating a claim in court). Any fees incurred in the recovery proceedings (such as debt collector expenses, attorney’s costs etc) shall be borne by the Member.

1.8. Standing Order

Furthermore, it is the sole responsibility of the Member to request the bank to cancel the standing order following the termination of the contract.

The Club, its representatives, directors, shareholders or employees shall not be responsible in any manner whatsoever, and the Member waives any claim against the Club, its representatives, directors, shareholders or employees, for the refund of any amounts credited to its bank account if the Member has not instructed his/her bank to cease the standing order payments.

The Member is reminded that failing to cease the standing order from his/her bank will result in the continued deductions of funds from his/her bank account

If the Member requires assistance from the Club to liaise with his/her bank to cease the standing order payments, the Member must provide all necessary information to the Club.

2. Tennis School and Club Access

Membership access – Schedule – Booking

2.1. Upon registration the Member will receive access to tennis school training session(s) and digital access to our application. In order to optimise the groups and the quality of the Player’s tennis and fitness experience, the Club reserves the right to change the training schedule(s). The Member will be informed promptly. The Player must arrive at least 5 minutes prior to the start of the training session.

2.2. The Player may book the tennis court via the mobile app.

Rules and regulations

2.3. The Club’s rules and regulations (including any code of conduct, hygiene and security) are displayed in the premises of the Club, and the Club reserves the right to change any rules and regulations at its discretion. It is the sole responsibility of the Member to familiarise himself/herself with such rules and regulations.

2.4. The Club reminds all Players of its commitment to ensuring a safe and secure space at all times and counts on the cooperation of all Players in that respect. The Club adopts a strict policy of no violence or threats to its staff (including directors, employees, and representatives) and other Players. The Club will not tolerate under any circumstance whatsoever (a) any theft, (b) physical or verbal abuse, (c) violation of public decency, (d) violation of proper hygiene and security measures, (e) consumption or distribution of drugs, alcohol or other illicit substances on or around the Club’s premises, or (f) any other act which may amount to an offence under the laws of Mauritius (each a ‘Prohibited Act’).

2.5. The Member / Player is informed that at all times, s/he must comply with (a) the terms and conditions of the contract, (b) the Club’s rules and regulations and (c) any ad-hoc instructions given by the staff of the Club or official communications as and when necessary.

Access to the club will be granted on the presentation of a valid membership. If the Member / Player breaches any rules or regulations, s/he may be issued a warning temporarily suspending his/her membership for a period of 15 days. During this period, the Member will be given the opportunity to explain and the Club reserves the right to request a meeting with the Member for such explanations. Any decision concerning the permanent suspension or expulsion of the Member / Player shall be irrevocable. 2.6. Notwithstanding any other term of the contract, the Member / Player faces an immediate risk of expulsion without any prior warning or notice if s/he commits a Prohibited Act. The Club reserves the right to not consider any attempts by a suspended (whether temporary or permanently) Member or an expelled Member at registering again with the Club.

3. Annual organisation of the tennis school

3.1. The Club operates the tennis school 48 weeks per year. The periods of suspension of the « tennis school » activity are fixed at two (2) weeks for the Christmas holidays, two (2) additional weeks during the Mauritian, French, English school holidays and/plus public holidays.

3.2. The exact closing dates of the tennis school shall be displayed at the Club.

3.3. In the event of bad weather and at the discretion of the Head Coach, lessons may be cancelled. The Club recommends that in the event of bad weather, Members / Players should call the Club secretariat and/or the Head Coach to confirm if the session will be held. In the event of force majeure, the Club will suspend its tennis school activities, in the event of torrential rain, cyclones etc. upon governmental public announcement. The Catch-Up Package (free EDT course) is offered in return for the suspension of the tennis school activities mentioned above. The Club includes the Catch-Up Package in its annual calendar, which represents additional hours in the form of lessons, activities and free training courses.

The Member may not claim any other form of catch-up or financial compensation for the tennis school lessons not given.

4. Civil liability / physical injury

4.1. The Club is insured for damages involving its civil liability claims and that of its staff as well as the Players. This insurance is intended to cover the Club against all financial consequences of the civil liability for damages incurred by a third party through his/her own actions during the sports activities.

4.2. In addition, the Member / Player must take out a civil personal liability insurance policy cover regarding damages caused to a third party through his/her own action during sports activities.

4.3. Each Member / Player shall be solely liable for any damage caused directly or indirectly to equipment and property belonging to the Club and/or personal injury caused by him/her at the Club’s premises. The Member shall fully indemnify the Club without discussion for (a) any costs of repairing or otherwise restoring such equipment and property upon presentation by the Club of a statement thereof; and/or (b) any claims or actions arising out or in connection with the personal injury caused by the Member.

4.4. Any and all use of the Club shall always be at the Member’s / Player’s own risk. The Club shall not be liable for any injuries, physical impact or damages caused to the Player, or the property of the Player, or be subject to any claim or demand arising out of the improper or incorrect use of the premises and/or of the machines made available to all Players.

4.5. The club is not responsible for the Player outside the class time.

5. Health and medical certificate

5.1. It is recommended that the Player undergoes a medical test prior to the first training session of sport & tennis activity and thereby on a regular basis. The Member / Player is committed to take all precautionary measures at all times to ensure his/her security and hygiene as well as comply with the Club’s guidelines. It is the sole responsibility of the Member / Player to renew his/her medical test from time to time. The Club shall not be subject to any claim, demand, or injury whatsoever regarding the assessment of the Player’s health condition or for any injury arising out of the Player’s disability, impairment or ailment.

5.2. By signing registration with the Club the Member confirms and acknowledges:

a. The Member / Player states that his/her health allows the practice of sports in general and tennis, more specifically to use the facilities, equipment and workouts offered during the tennis school training sessions.

b. Unless otherwise indicated in the medical certificate, the Member confirms that the Player does not suffer from any health problems, heart or lung conditions, injury or disability that would be detrimental or adverse to the Player’s health, safety or physical condition from engaging in sports activities. If no medical certificate is submitted, the Member declares that the Player shall be deemed to be in good health and condition, and the Member waives any liability, claims or demand against, and holds harmless, the Club, its representatives, employees, directors or shareholders for any injury directly or indirectly arising during, out of, or in connection with any activities performed in the Club’s premises (unless such liability, claims or demand arises directly as a result of the gross negligence of the Club, its representatives, employees, directors or shareholders). The Club does not have any obligation whatsoever to perform a fitness assessment or similar testing to determine the Player’s physical condition.

c. The Player is responsible for his/her own safety while practising the sport activities of the Club.

6. Brand Change

6.1. The change in the brand name and its rebranding will in no way terminate the contract.

6.2. Any changes in the brand or trade name or graphics signage do not lead to any changes to the terms and conditions of the contract and can in no way constitute a reason for the Member to change or terminate the contract during the duration.

7. Data protection, control and monitoring

7.1. The Club uses the data of the Members / Players as part of its activities in order to, inter-alia, create your membership account, improve our services, enhance and personalize your experience with us and communicate with you. The Club will keep a Member’s / Player’s personal data for the duration necessary for the execution of the present contract.

Any Member may at any time request for the erasure of his/her personal data by sending a notice by registered post to the Club.

7.2. In order to ensure the safety and security of our Players, the Club may be under videosurveillance 24/24 and 7/7. By signing this contract, the Member agrees to grant the Club permission to view and collect his/her data through the video-surveillance systems and archived for 60 days. Such data is subsequently automatically deleted by the IT system.

7.3. The Member also consents WITHOUT reserves to the recording of all activities of the Club for security reasons.

7.4. The Club creates media content during its activities to increase brand awareness and to promote physical activities. The Member hereby consents that the Player may appear on the Club’s media content to be broadcasted to the public. Any Member has the right to withdraw his/her consent at any time by notifying the Club in writing.

8. Access to the ACE TENNIS Network

A valid membership with the Club may, from time to time, confer the Player with additional benefits and extra services offered by the Ace Tennis Network. It is understood that the availability of such additional benefits and extra services are not guaranteed and are provided at the sole and absolute discretion of the Club.

9. Communication

Upon the signature of the contract, the Member shall provide his/her email address and authorises the Club to communicate with the Member by email address or the mobile application for the purposes of deliver information regarding sports activities and their operations, the operations of the Club (training session schedules, public holidays, stages, animations, construction work etc.), and the Member’s account status (statement of account, invoice, debit order and payment remittance).

If the Member does not receive the Club’s email notifications, the Member must notify a staff member at the reception desk of the Club or by sending an email in order to re-establish communication between the Club and the Member.

Any updates of the rules and regulations of the Club, the price list and any other important information shall also be made known to the Member and displayed at the Club.

10. General

This contract constitutes the entire agreement between the Club and the Member as of the date of signature of this contract and supersedes all prior previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations, arrangements and understandings between them, whether written or oral, relating to its subject matter.

This contract is governed by and construed in accordance with the law of the Republic of Mauritius and the courts of Mauritius shall have the exclusive jurisdiction.

By signing this contract, I fully understand and agree unconditionally to all the terms and conditions set out above and to the rules displayed in the Club.