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  1. GENERAL

These General Terms and Conditions establish the framework governing all commercial offers and agreements provided by Mentally Fit South Africa (MFSA). Their purpose is to ensure clarity, consistency, and mutual understanding between Mentally Fit and its clients.

In accepting the offer, the customer is expected to have read and accepted all the terms and to have renounced their own general or particular conditions of business, unless formal and explicit exemption by Mentally Fit.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act and other applicable legislation. In case of ambiguity or conflict, South African law shall prevail.

  1. PRICE

The rates include, as appropriate, the remuneration of the trainers, materials distributed during the intervention, the certificates of participation, etc.

The detailed price is stated in the proposal offer and is valid for 3 months from date of proposal.

All prices mentioned in the offer are exclusive of VAT and will be increased by the applicable VAT rate.

All interventions started are due in full.

  1. TERMS OF PAYMENT AND LATE PAYMENT

Invoices are payable from the date of issue.

In case of non-payment when due, amounts owed occur automatically and without prior notice, an interest rate of 15% per annum from the due date of the invoice. In addition, a fixed indemnity of 15% of the total cost of intervention, with a minimum of R3000 will be due.

Mentally Fit reserves the right to refuse a request for intervention, especially for late or non-payment of an invoice from a previous intervention.

  1. COMPENSATION FOR CANCELLATION OR POSTPONEMENT

Cancellations made in writing, addressed to Mentally Fit by email info@mentallyfit.co.za, will be given a full refund if received at least 90 days before the start of the intervention.

After this period, compensation costs are calculated as follows:

  • Cancellation more than 60 days before the agreed date: 25% of the amount of the intervention due
  • Cancellation more than 30 days before the agreed date: 50% of the amount of the intervention due
  • Cancellation less than 30 days before the agreed date: 90% of the amount of the

intervention due

More favourable terms can be negotiated between the parties in case of postponement of the intervention to a later date.

MFSA also reserves the right to postpone the intervention and the content of the program if there are obliging circumstances beyond the control of Mentally Fit.

Neither Party shall be liable for any failure or delay in fulfilling its obligations under the Agreement due to a force majeure event. MFSA is not responsible for the total or partial cancellation of intervention due to force majeure.

Force majeure includes, but is not limited to, epidemics, pandemics, telecommunications disruptions, supply chain issues, and natural disasters that could not have been prevented despite reasonable efforts.

Obligations under the Agreement will be suspended during the force majeure event, provided the affected Party notifies the other Party promptly. If the event lasts more than two months, either Party may terminate the Agreement with written notice sent via registered mail.

  1. EXPENSES

The location of the seminar venue, the travel expenses, the accommodation and catering of the Mentally Fit coaches are charged to the client.

  1. RESPONSIBILITIES

MFSA declines all responsibility for any damage, direct or indirect, physical or material that could be caused through its interventions, notably by the third party or by a hidden defect in the facilities.

MFSA is not responsible for damage or theft of property and equipment placed or installed in the intervention locations.

As part of the completion of its interventions, Mentally Fit fulfills an obligation of means.

In this respect, its liability will always be limited to the amount that was billed to the customer for the intervention attended.

  1. INTELLECTUAL PROPERTY

The customer agrees not to reproduce, directly or indirectly, in whole or in part, adapt, modify, translate, represent, sell or distribute to third parties or members of their staff who have not participated at the MFSA interventions, the supports and educational tools available to them during the Mentally Fit intervention, without the express written permission of Mentally Fit.

  1. GOVERNING LAW, CLAIMS AND JURISDICTION

These present general conditions are subject to the South African law.

All claims must be made in writing within 8 days after the subject thereof.

Any dispute between the client and Mentally Fit which cannot be settled amicably or by mediation will be the exclusive jurisdiction of the courts of South Africa.

  1. USE OF IMAGES AND MEDIA

By accepting the offer and these general terms and conditions, the client acknowledges and agrees that Mentally Fit South Africa is authorized to capture photographs, videos, or other media during coaching sessions or interventions. These materials may be used for promotional purposes, including but not limited to Mentally Fit South Africa’s website, social media platforms, and marketing materials.

Mentally Fit South Africa ensures that:

  • All media usage complies with the Protection of Personal Information Act (POPIA) and other applicable South African laws regarding privacy and image rights.
  • Images and media will be used in a professional and respectful manner, ensuring they align with the values and reputation of Mentally Fit South Africa.
  • The client agrees to inform all participants in the sessions that photographs or videos may be taken and used for the purposes outlined above. Should any participant wish to object, this must be communicated in writing to Mentally Fit South Africa before the start of the intervention.