1. The Contract between you and us
Your Membership Application Form and these Terms and Conditions (“Terms”) form the “Contract” between you and us. Your Contract with us is entered into with the Virgin Active company that is registered and operating in the country of your Home Club.
You are entering into this Contract as a benefit of your membership of a Vitality programme that is administered by Discovery Vitality (Pty) Ltd (“Discovery Vitality”) and therefore addtional programme rules as determined by Discovery Vitality from time to time may apply (“Vitality Rules”). Programmes include (but are not limited to) Vitality, Vitality Purple, Vitality Move, Vitality Active, KeyFIT and Balance. Please visit www.discovery.co.za and click on Discovery Vitality for more information and a full set of the Vitality Rules which may change from time to time.
If you join in a month where there is a promotional campaign, then terms and conditions around that campaign will apply. View these on our website.
2. Activation / Joining fee
An activation / joining fee may be payable (see Section D of the Membership Application on the front page) when you enter into this Contract. Your activation/joining fee is dependent on the Discovery Vitality programme that you belong to. It is your responsibility to confirm your programme with Discovery Vitality prior to payment of your activation/joining fee. The activation fee / joining fee is non-refundable except where you have exercised your right to cancel the Contract during the cooling-off period under paragraph 4. If your membership is cancelled for any reason by you or us and you subsequently wish to re-join, then you may have to pay the applicable activation / joining fee again.
3. When will my membership start?
Your membership will start on the Start Date as set out in your Membership Application Form irrespective of when you are granted access, provided that:
• You are a verified member of a Discovery Vitality programme;
• You have paid the applicable activation or joining fee;
• You have paid the applicable access device fee(s); and
• You have provided us with valid bank account details for payment of your monthly membership fees and
• You sign this Contract without alteration or amendment of any kind whatsoever (except to provide the information inserted in Parts A,B and E of your Membership Application Form).
4. What if I change my mind and want to cancel my membership?
You can write and tell us that you want to cancel your membership within 5 business days of signing this Contract, excluding the day of signature. Provided your cancellation letter is received by your Home Club within the 5 day cooling-off period, we will refund all payments made by you on return of any promotional item(s) we may have given you on joining.
5. How long will my membership last?
Your membership will commence on the Start Date and will continue for the fixed number of full instalments that you have selected, calculated from the first day of the month following your Start Date (“Commitment Period”). Unless you tell us that you do not wish to continue as a member at the end of your Commitment Period, your membership will automatically continue on a month-to-month basis
(as per the updated Terms and Conditions found on our website) at the current prevailing membership rate for your Home Club until such time as you give your Home Club 20 business days’ written notice to cancel your membership.
Unless you tell us otherwise and on 20 business days’ written notice, if you turn 18 during your membership or when you are no longer linked to an adult or your membership of Discovery Vitality is cancelled by you or by Discovery Vitality for any reason, your membership of Virgin Active will automatically continue at the prevailing public retail rate for your Home Club and membership type. If you also wish to cancel your Virgin Active membership you can do so under paragraphs 5 or 7, as applicable, by calling our Call Centre.
6. Reasons for us ending your membership
We may cancel or suspend your Contract at our absolute discretion by writing to you at the email address we have on record if:
• You commit a breach of these Terms or The Rule Book or if you engage in any conduct which in our opinion would have a negative effect on us, other members or our staff or is detrimental to the welfare, good order or character of Virgin Active; or
• We subsequently discover that any part of your membership fees (under this Contract or any other prior contract) are/ were not paid in full when due; or
• The information you supplied to us is found to be incorrect and/or false; or
• We reasonably think that you are not physically or medically fit to exercise.
• After vetting your application to this Contract, we subsequently discover facts or information which if we had known prior to entering into the Contract, would have resulted in us not having entered into the Contract with you.
7. Can I end my membership before the end of my Commitment Period?
Yes-if you wish to cancel your membership before the expiry of your Commitment Period, then you must give us 20 business days’ written notice of termination and pay a reasonable cancellation fee plus any arrears.
To see the terms of our cancellation policy please visit www.virginactive.co.za
When you end your membership, we will automatically also end/cancel the membership for your linked children (Under 14 years) memberships. The same termination notification, payment and refund terms as stated herein would apply.
8. Minimum Usage Criteria
Please consult the Vitality Rules for the minimum usage criteria that applies to your programme. Your membership fees may be adjusted upwards or downwards depending on your usage. These rules may be changed by Discovery Vitality from time to time in accordance with the Vitality Rules. It is your responsibility to ensure that your visits are recorded accurately by using your Virgin Active access device each time you visit us. Only 1 visit per day counts towards your usage. While you are a Discovery Vitality programme member, you agree that we may provide Discovery Vitality with information regarding your visits.
You can view your usage status via the Discovery points monitor at www.discovery.co.za or on our website.
9. Membership fees and increases
You (and your linked children’s) membership fees will increase annually on 1 January (unless you are a Collection member, in which case please refer to paragraph 11 below), regardless of the date you joined us. In addition, we reserve the right to increase your membership fees at other times for reasonable commercial reasons. We will give you notice of any increase and if you do not wish to accept it you may cancel your membership by giving us 20 business days’ written notice. If we do not hear from you, you will be deemed to have accepted the increase and your membership will automatically continue at the new membership rate.
Membership fees may vary depending on the following:
• Your Discovery Vitality programme
• Your Discovery Role Type
• Your visitation records (usage);
• Your selected membership type;
• Your chosen Home Club; and
• Changes to the Virgin Active public retail rate from time to time.
• Your age bracket.
When you change your programme with Discovery Vitality, your monthly instalment may automatically change. It is your responsibility to familiarise yourself with the rules of your new programme.
10. Your Home Club and membership types:
By joining Virgin Active you become a member of the Home Club stated on your membership Application Form.
Membership types include:
Collection – Access to all Health and Collection Clubs in South Africa, and select Collection Clubs internationally. Premier – Access to all Health Clubs in South Africa and select Clubs internationally, excluding Collection Clubs Premier Select – Access to a select group of Clubs in South Africa.
Club – Access to your Home Club only.
Off-Peak – Limited access as per our website.
Youth – Access in accordance with age and membership type.
Children – Access to the children’s facility depending on age group and membership type and to select Club areas and/or equipment.
The membership types available to you are determined by the various options we offer to you and/or your Vitality programme.
The purchase of select Membership Types may be subject to the purchase of a Supplementary Product linked to that Membership Type. Please refer to our website for further terms and conditions.
11. NB: Collection and Premier Members
Membership fees will vary according to your chosen Collection Home Club. We reserve the right to adjust your membership fees quarterly depending on the retail rate for the Collection Club that you used the most frequently in the preceding calendar quarter, and reserve the same right to adjust your fees quarterly to the retail rate of the Club that you are using most frequently if you become a frequent user of the international access option under your Premier membership. This is regardless of whether you are in or outside your Commitment Period. Currency exchange rates may vary from time to time in the application of this paragraph. Please note that children under the age of 16 years are not permitted access to any Virgin Active Collection Club. Children from the age of 16 may join a Collection Club with parental consent subject to the payment of the applicable membership fees. When you turn 18, or when your membership is no longer linked to an adult, unless you tell us otherwise on 20 business days’ written notice, your membership will automatically continue at the prevailing rate for your Home Club, membership type and Vitality programme (if applicable).
Children under the age of 14 years must access and exit our facilities with their Parent/Legal Guardian and always be supervised by such Parent/Legal Guardian, except once signed into and present in the children’s facility. When you turn 14 and 18, or when your membership is no longer linked to an adult membership (that of a Parent/Legal Guardian), your membership will automatically continue at the prevailing rate for your Home Club, Age Group and Membership Type. Please refer to our website for the latest information and terms and conditions that apply to entry for children. Any children permitted entry in accordance with the latest terms and conditions must produce access devices each time they access a Club, comply with the restrictions contained in The Rule Book and be supervised by you at all times. Membership fees for children will depend on the age bracket they fall under.
Please refer to our website for the latest information and terms and conditions that apply to entry for students. Membership fees for youth will depend on their specific age group and membership type option and will automatically increase in the month following their 18th and 22nd birthday. Note: When you no longer qualify for an age-related youth membership, your membership will automatically continue at the prevailing adult rate for your Home Club and Membership Type.
14. The Rule Book
By entering into this Contract you agree to follow The Rule Book (as amended from time to time) which applies to all members, guests and visitors. Each of our Clubs may have their own operational rules which you must also comply with. A copy of the current Rule Book is available on our website.
15. Your personal information
16. The Small Print
• Your membership is personal to you and may not be traded or transferred to another person as this may constitute fraud and will be dealt with accordingly. In particular, your access device cannot be used by anyone else to gain access to our facilities.
• If your bank details and/or contact details change, please update your information through our website or phone our Contact Centre at +27 860 200 911 or visit your club.
• If you change your programme with Discovery Vitality, you may need to enter into a new membership contract with us and pay the applicable activation and/or joining fee.
• If you fail to pay your monthly membership fees on the due date, then you will become liable for a cancellation fee, if applicable, and all costs in connection with the collection of the arrears including legal costs.
• You acknowledge that although a third party may be appointed as the payer of any fees/monthly instalments in respect of your Contract, you will remain liable in the event that the payer defaults.
• If you wish to cancel, upgrade or downgrade your membership or change your home club, please go to our website or a club or phone our Contact Centre at +27 860 200 911. If you make these changes at our club or Contact Centre, an administration fee will be levied. In addition if you downgrade, a once-off downgrade fee will be raised. Your monthly membership instalment fee may change. Upgrades, downgrades and club options may be restricted by the Vitality programme that you are on. To change your Vitality programme please contact Discovery Vitality.
• We reserve the right, from time to time, to temporarily or permanently close your Home Club, or temporarily or permanently stop providing certain facilities at your Home Club, or adjust the operating hours of your Home Club. Where possible, we will transfer your membership to another reasonably accessible alternative Club for the duration of the permanent or temporary closure. If this is not possible, we reserve the right to cancel your membership.
• If you are joining us before your Home Club has opened, you have the option to pay a monthly gym usage fee which will entitle you to use any Virgin Active Health Club (excluding Collection Clubs) until such time as your Home Club opens.
• If one or more of these Terms are found to be unenforceable, such Term shall be deemed to be severable from the remainder of this Contract and the Contract shall in all other respects remain in full force and effect.
• To the fullest extent permitted by law, we may transfer and/ or delegate to any third party our rights and/or obligations under this Contract without your consent or notification and you will continue as a member.
• This Contract contains all the terms and conditions of our agreement and no representation, addition, variation or cancellation of this Contract shall be of any force and effect unless it is in writing and signed by you and us.
• You agree that we may validly serve any notice(s) at the contact details that we have on record for you. Any notice or communication sent by you to us shall be posted, emailed or given in person to the receptionist at your Home Club. Please check with us to confirm that we have received correspondence addressed to us, as we can only action and be bound by notices that we actually receive.
• You acknowledge and agree that this Contract was properly and fully completed before you signed it and you confirm that the information contained in it is true and correct and that you fully understand it.
• You consent to the non-exclusive jurisdiction of South African courts.
• The laws of South Africa apply to this Contract.
• Our Contact Centre number is +27 860 200 911. Collection members have a dedicated help desk at +27 21 684 3007.