REPS MMA CROSSFIT EDWARD STR
PARTICIPANT CONSENT, ASSUMPTION OF RISK, WAIVER, MEDICAL, POPIA AND MEDIA AGREEMENT
IMPORTANT NOTICE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE COMPLETING THE ACKNOWLEDGEMENT AND CONSENT FIELDS IN THE ELECTRONIC FORM.
Participation in fitness, CrossFit, martial arts, grappling, combat sports, strength and conditioning and related activities involves physical exertion and, in certain activities, physical contact. Such activities carry inherent and reasonably foreseeable risks, including the risk of serious injury and, in extreme circumstances, death.
This agreement records the participant's informed consent to participate and their acknowledgement of those risks.
Nothing in this agreement is intended to exclude, restrict or waive any right, remedy, obligation or liability which cannot lawfully be excluded, restricted or waived under South African law.
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1. THE PARTIES AND PURPOSE
This agreement is between REPS MMA CROSSFIT EDWARD STR ("REPS MMA") and the participant who completes and submits the associated electronic registration or membership form.
Where the participant is under 18 years of age, the required consent and acknowledgement must be provided by the participant's parent or legal guardian, who confirms through the electronic form that they have the necessary authority to provide such consent.
The purpose of this agreement is to ensure that the participant, and where applicable the participant's parent or legal guardian, understands the nature of the activities offered by REPS MMA and the risks associated with participation.
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2. PARTICIPANT CONSENT
The participant voluntarily consents to participate in activities provided, organised, supervised or facilitated by REPS MMA, including, where applicable:
- fitness training;
- CrossFit;
- strength and conditioning;
- martial arts;
- Brazilian Jiu-Jitsu and grappling;
- combat-sport training;
- partner drills and physical-contact activities;
- classes;
- open-gym activities;
- competitions and events; and
- other related activities offered by REPS MMA.
The participant understands that participation may involve strenuous physical exertion, the use of training equipment, interaction with coaches and staff, and interaction and physical contact with other participants.
The participant voluntarily chooses to participate in these activities.
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3. ACKNOWLEDGEMENT OF RISKS
Participation in physical fitness and martial arts activities involves inherent and reasonably foreseeable risks.
These risks may include, without limitation:
- muscle strains;
- sprains;
- bruising;
- cuts and abrasions;
- tendon or ligament injuries;
- joint injuries;
- fractures;
- dislocations;
- falls;
- collisions;
- accidental physical contact;
- concussion;
- head injuries;
- neck or spinal injuries;
- aggravation of pre-existing injuries or medical conditions;
- illness or infection;
- temporary or permanent disability;
- serious injury; and
- in extreme circumstances, death.
The participant understands that reasonable safety measures can reduce risks but cannot eliminate all risks associated with physical activity.
The participant voluntarily accepts and assumes the inherent and reasonably foreseeable risks associated with participation.
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4. IMPORTANT — ASSUMPTION OF RISK
The participant acknowledges that they have been informed that participation in REPS MMA activities carries inherent and reasonably foreseeable risks, including the possibility of serious injury and, in extreme circumstances, death.
The participant voluntarily accepts these inherent and reasonably foreseeable risks as a condition of participating in the activities.
The participant understands that circumstances may arise during participation that they did not anticipate or foresee beforehand.
To the maximum extent permitted by South African law, the participant voluntarily assumes the inherent and reasonably foreseeable risks associated with participation.
This clause does not purport to exclude or limit any liability or right which cannot lawfully be excluded or limited.
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5. HEALTH AND FITNESS
The participant confirms that, to the best of their knowledge, they are physically capable of participating in the activities for which they have enrolled.
The participant undertakes to provide accurate and honest information regarding any medical condition, injury, disability, medication, physical limitation or other circumstance that may reasonably affect their ability to participate safely.
REPS MMA, its coaches and staff are not medical practitioners and are not responsible for determining whether a participant is medically fit to participate.
Where there is any doubt regarding the participant's ability to participate, the participant should obtain appropriate medical advice before participating.
The participant agrees to inform REPS MMA if their medical or physical condition changes in a manner that may affect their safe participation.
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6. MEDICAL QUESTIONNAIRE
REPS MMA may require participants to complete a separate health and medical questionnaire as part of the registration process.
The participant must answer all health and medical questions honestly and accurately and must not knowingly withhold information that may reasonably affect their ability to participate safely.
Where the participant is a minor, the parent or legal guardian is responsible for providing accurate and complete information known to them concerning the minor's health and medical circumstances.
Providing materially false, misleading or incomplete information may increase the risk of injury and may affect the participant's ability to participate.
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7. RESPONSIBILITY DURING TRAINING
The participant agrees to:
1. follow reasonable instructions given by REPS MMA coaches and staff;
2. use equipment responsibly and as instructed;
3. behave in a manner that does not unnecessarily endanger themselves or others;
4. immediately report any injury sustained during training;
5. immediately report any unsafe condition of which they become aware;
6. inform a coach if they experience significant pain, dizziness, unusual discomfort or another concerning symptom; and
7. stop or modify participation where they reasonably believe that continuing may place them at risk.
The participant acknowledges that failure to follow reasonable safety instructions may increase the risk of injury.
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8. OTHER PARTICIPANTS AND PHYSICAL CONTACT
The participant acknowledges that participants may have different levels of fitness, experience, skill, strength and physical ability.
Activities involving partner work, sparring, grappling, martial arts or physical contact may involve accidental contact, falls, collisions or unintended movements by another participant.
The participant voluntarily accepts the inherent and reasonably foreseeable risks associated with participating alongside other persons.
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9. UNSAFE CONDITIONS
Participants must immediately notify REPS MMA, a coach or staff member if they become aware of a condition that they reasonably believe may present a safety risk.
This includes conditions relating to:
- equipment;
- training areas;
- floors or surfaces;
- facilities;
- premises;
- instructional material; or
- the conduct of another participant.
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10. PERSONAL PROPERTY
Participants remain responsible for their personal belongings.
Participants are encouraged not to bring unnecessary valuables onto the premises.
To the maximum extent permitted by law, REPS MMA shall not be responsible for loss of or damage to personal property unless REPS MMA is legally responsible for such loss or damage.
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11. MEDICAL EMERGENCY
In the event of an apparent medical emergency involving a participant, REPS MMA, its coaches, employees and authorised representatives may take reasonable steps to obtain emergency medical assistance.
This may include:
- contacting emergency medical services;
- requesting an ambulance;
- contacting the nominated emergency contact;
- providing relevant information to emergency medical personnel where reasonably necessary; and
- taking reasonable steps to obtain urgent medical assistance.
The participant acknowledges that REPS MMA is not a medical provider and cannot guarantee any particular medical outcome.
Participants must provide accurate emergency-contact information through the applicable electronic registration form.
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12. ILLNESS AND COMMUNICABLE DISEASES
Participation in a gym, fitness or martial arts environment involves interaction with other people and shared use of facilities and equipment.
Despite reasonable hygiene, cleaning and safety measures, it may not be possible to eliminate all risks of exposure to infectious or communicable illnesses, including influenza, respiratory viruses and other infections.
The participant voluntarily accepts the inherent and reasonably foreseeable risk of exposure to such illnesses associated with participation in a shared training environment.
Participants must not attend REPS MMA or participate in activities when they know that they have a contagious illness or reasonably believe that attending may create a significant risk of transmitting an illness to others.
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13. RESPONSIBILITY FOR PARTICIPANT'S OWN WRONGFUL CONDUCT
The participant accepts responsibility for loss, damage, injury, claims, reasonable legal costs or expenses arising directly from their own unlawful, intentional or wrongful conduct, to the extent that they are legally responsible for such conduct.
To the extent permitted by law, the participant agrees to indemnify REPS MMA against such loss or claims.
This indemnity does not apply to liability which REPS MMA is prohibited by law from excluding or transferring to the participant.
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14. IMPORTANT — LIMITATION OF LIABILITY
To the maximum extent permitted by South African law, the participant acknowledges that REPS MMA cannot be held responsible for consequences arising solely from the inherent and reasonably foreseeable risks of the participant's voluntary participation in REPS MMA activities.
Nothing in this agreement:
- excludes liability that cannot lawfully be excluded;
- removes any statutory right that cannot lawfully be removed;
- prevents a participant from exercising a right that cannot lawfully be waived; or
- overrides any mandatory provision of applicable South African law.
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15. MEMBERSHIP FEES AND PROGRAMMED SESSIONS
Membership fees, payment obligations, cancellation provisions, minimum terms, notice periods and other financial matters are governed by the applicable REPS MMA membership agreement.
Where a participant is unable to complete or sustain the full duration, intensity or quantity of a programmed fitness session, this does not automatically entitle the participant to a refund, reduction or reimbursement of membership fees.
Exceptional circumstances may be considered by REPS MMA on a case-by-case basis, subject to the applicable membership agreement and applicable law.
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16. NO GUARANTEE OF RESULTS
REPS MMA does not guarantee any particular:
- fitness result;
- strength result;
- weight-loss result;
- martial arts result;
- sporting result;
- competition result; or
- other physical or performance outcome.
Individual results may vary depending on numerous factors, including attendance, effort, nutrition, recovery, physical condition and individual circumstances.
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17. POPIA — PERSONAL INFORMATION
REPS MMA may collect and process personal information reasonably necessary for the administration and operation of the participant's membership and participation.
This may include:
- name and surname;
- date of birth;
- identification information;
- contact details;
- emergency-contact information;
- membership and payment information;
- attendance information;
- relevant health and fitness information;
- injury information; and
- other information reasonably necessary for the provision and administration of REPS MMA services.
Where health information is collected, the participant acknowledges that such information may constitute special personal information and will be treated accordingly.
Where information relating to a child is processed, REPS MMA will apply the additional requirements applicable to children's personal information.
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18. PURPOSE OF PROCESSING PERSONAL INFORMATION
REPS MMA may process personal information for lawful purposes reasonably connected with its operations, including:
1. administering membership;
2. processing and managing payments;
3. communicating with participants;
4. managing facility access;
5. administering classes and training;
6. maintaining appropriate safety and injury records;
7. responding to medical emergencies;
8. complying with legal obligations;
9. establishing, exercising or defending legal rights; and
10. other purposes reasonably connected with providing REPS MMA services.
REPS MMA will take reasonable measures to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.
Personal information may be disclosed where reasonably necessary and legally permissible, including to emergency medical personnel, professional advisers, service providers, insurers, law-enforcement authorities or other persons where required or permitted by law.
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19. POPIA — DATA SUBJECT RIGHTS
Subject to applicable law, participants may have rights concerning personal information held by REPS MMA, including the right to request access to personal information and to request correction of inaccurate or outdated information.
Where applicable, participants may also object to certain processing or withdraw consent where processing is based on consent, subject to legal limitations and circumstances in which REPS MMA is entitled or required to continue processing.
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20. MINORS — PARENT / LEGAL GUARDIAN CONSENT
Where the participant is under 18 years of age, the parent or legal guardian completing the electronic registration process confirms that:
1. they are the participant's parent or legal guardian;
2. they have the necessary authority to provide consent on behalf of the participant;
3. they have read and understood this agreement;
4. they understand the risks associated with the participant's activities;
5. they have provided the requested health information honestly and to the best of their knowledge;
6. they have disclosed relevant medical conditions or limitations known to them;
7. they consent to the minor participating in REPS MMA activities; and
8. they understand that the minor must comply with REPS MMA's reasonable rules and safety instructions.
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21. PHOTOGRAPHY AND VIDEO — OPTIONAL CONSENT
REPS MMA may photograph or record activities taking place at its premises or at REPS MMA events.
Photographs and recordings in which an individual can be identified may constitute personal information.
Promotional use of identifiable photographs or recordings is optional and is not a condition of membership.
The participant, or where applicable the participant's parent or legal guardian, may provide or decline consent for promotional use through the separate media-consent selection provided in the electronic registration form.
Where consent is provided, photographs and/or video recordings may be used for reasonable REPS MMA promotional purposes, including:
- the REPS MMA website;
- social media;
- advertising;
- promotional material;
- posters;
- newsletters;
- marketing material; and
- other reasonable promotional communications.
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22. VOLUNTARY ACCEPTANCE AND ACKNOWLEDGEMENT
The participant confirms through the associated electronic form that:
1. they have read this agreement carefully;
2. they understand its contents;
3. they understand that participation involves inherent and reasonably foreseeable risks;
4. they understand that those risks may include serious injury and, in extreme circumstances, death;
5. they have had an opportunity to ask questions regarding this agreement;
6. they have provided the requested health information honestly and to the best of their knowledge;
7. they understand the provisions dealing with assumption of risk and limitation of liability;
8. they understand that those provisions operate only to the extent permitted by South African law;
9. they understand the provisions concerning the collection and processing of personal information;
10. where applicable, they are the parent or legal guardian of the minor participant and have authority to provide the required consent; and
11. they voluntarily consent to participation in REPS MMA activities.
By completing and submitting the associated electronic acknowledgement and consent fields, the participant confirms that they have read, understood and voluntarily accepted this agreement, subject to their rights under applicable South African law.
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23. SEVERABILITY
If any provision of this agreement is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that provision shall, where legally permissible, be interpreted or modified to the minimum extent necessary to make it lawful and enforceable.
If such modification is not possible, the affected provision shall be severed to the extent necessary.
The remaining provisions shall continue to operate to the fullest extent permitted by law.
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24. APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South Africa.
Nothing in this agreement is intended to deprive a consumer of any mandatory statutory right or protection applicable to the transaction.
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FINAL ACKNOWLEDGEMENT
IMPORTANT
The electronic registration form accompanying this document contains the required participant information, health information, emergency-contact information, parent/legal guardian information where applicable, and separate media-consent selections.
The participant must complete the applicable electronic fields accurately and honestly.
Completion and submission of the electronic acknowledgement constitutes confirmation that this document has been read and understood and that the participant voluntarily agrees to its terms, subject to applicable South African law.