MEMBERSHIP TERMS

TERMS AND CONDITIONS OF EVOLUTION MEMBERSHIP AGREEMENT

Introduction

This document outlines the rights and responsibilities relating to the Members’ entitlements during the Membership Period to use of Evolution’s facilities. It also relates to the member’s authority to Evolution Strength & Fitness to directly debt the nominated bank account or credit card for any installments or fees due under the terms and conditions of this Membership Agreement and DDR together with the terms and conditions contained in the Membership booklet (if applicable).

Definitions

In this Agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa.
b. A reference to a party includes that party’s legal personal representative, heirs and assigns.
c. “Member” includes the parent or guardian of the Member if the Member is under 18 years.
d. “Evolution” means Evolution Strength and Fitness named on the Direct Debit Request (DDR) and Contract.

Legally Binding Agreement

The member acknowledges and agrees that
a. The Direct Debit Request (DDR) and Contract including the Membership booklet are legally binding whether the use of Evolution and its services is determined and paid on a yearly, monthly, weekly or individual basis,
b. The membership must remain current in order to avoid paying the joining fee again,
c. They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at Evolution, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,
d. They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also.

Access, membership & cooling off period

• All financial members will have access to Evolution 24 hours a day, 7 days a week. Please remember to keep your swipe card safe, as there is a cost of $20.00 to replace the card should it get lost or damaged. This will be automatically debited from your bank account or credit card. If you do lose your card, please advise the office as soon as possible.
• To access the gym, please hold your swipe card over the reader at the front door – when the green light illuminates, the door has unlocked.
• If we believe the terms of this agreement are not being adhered to, we will always discuss the issue/s with you first to try and resolve them but ultimately, we reserve the right to cancel membership at any time. Our services, fees, procedures or facilities may change at any time. If we believe they may affect you, we will do our best to notify you as soon as possible or with 1 month’s written notice of a fee increase.
• Serious breaches of this agreement may cause membership to be cancelled immediately.
• Members under 15 are not permitted.

General Conditions of Entry

Member must comply with the following conditions:
a. Entry will be refused or the person asked to leave if the person is abusive, uses offensive language, is engaging in threatening behavior and/or is under the influence of drugs and alcohol.
b. No smoking is permitted in Evolution.
c. No chewing gum is permitted in Evolution.
d. Swat towels must be used at all times.
e. Weights must be returned to their correct place after use.
f. Correct training attire and runners must be worn at Evolution – no jeans, work clothes, boots, sandals, thongs or clothing that is likely to cause offence to others are permitted.
g. No person allowed under the age of 15 years.
h. Persons between 15 – 16 years must be accompanied by a guardian or qualified instructor.
i. No food allowed in the gym or group exercise classes.

Cancellation/Termination

a. Cooling Off Period:
The Direct Debit Request(DDR) and Contract is subject to a 7 day cooling off period:
i. The cooling off period commences at the close of business on the “Commencement Date”
ii. The cooling off period is 7 days.
iii. The cooling off period ends at close of business on the 7th day after the “Commencement Date” iv. New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
v. All cooling off cancellations must be in writing to the Manager.

b. Permanent Disability
If written advice is given from a medical practitioner confirming that the member has a permanent disability or is
suffering from a serious illness, Evolution may agree to cancel the membership effective from the day of notice for an Administration Fee of up to 10% of the Membership Fee.

c. Direct Debit Membership
All Cancellation requests must first be directed to Evolution.
1. Cancellation inside the Minimum Term then all instalments and fees due up to the date of termination are paid and
a cancellation fee of 25% of the total of the remaining instalments are to be paid.
2. Cancellations after the Minimum Term require all instalments and fees due up to the date of termination to be paid and will be cancelled 30 days after the written request for cancellation was received.

Direct Debits

• Evolution’s fees are paid monthly. We use a third party direct debit company who collect fees and any one off payments, and recover monies outstanding.
• By signing their Direct Debit Request, you agree to all their Terms and Conditions. We are unable to delete or amend their Ts & Cs. Staffed hours
• Evolution’s office is staffed from 9am to 12pm and 2pm to 6pm.

First Aid

• Please advise a staff member of ANY injuries, even if minor. We will need to complete an Incident Report form.
• Should someone be injured at the gym, there is a first aid kit located in the kitchenette, at the First Aid sign. Please use this whenever it is needed.
• If the injury is more severe and requires professional treatment, please advise a staff member immediately or call 000. • The office cannot give out medicine such as Panadol, Nurofen etc. Security & duress
• There are lanyards with emergency devices available to wear during unstaffed hours. This is not compulsory, but we highly recommend you do wear them in case of emergency. There are also mounted duress buttons on walls.
• When one of these is activated, our security company is notified and they will be able to view the gym through our cameras. Emergency services will be called if required.
• There will be a fee of $250.00 if the duress system is activated for no reason, or for a reason unjustifiable by staff, the security company or emergency services. This will be automatically debited from your bank account or credit card.
• Both the gym and office are fitted with 24/7, 360 degree video surveillance which is looped back to our security company and always recording. This is for the safety of our members, guests and staff and can be viewed at any time by staff and security.

Guests

• Guests are only to visit during staffed hours and visitation must be arranged with the office prior.
• A fee of $100 applies if guests are found in the gym without staff knowledge for any reason. This will be automatically debited from your bank account or credit card.
• If you are found to be continuously providing access to the gym to a non member, a $200 fee will apply. This will be automatically debited from your bank account or credit card and your membership may be cancelled.
• A swipe card is only to be used by the member it has been assigned to and may be cancelled if it is being used by someone else, member or non member (medical or emergency services excluded).
• Children must not be left unattended for any reason and must be in the company of an adult at all times.

Toilets, showers and storage of personal items

• Please feel free to utilise the facilities but do not store personal items in toilets and showers while exercising. Evolution Strength & Fitness will not be held liable and do not accept responsibility for the loss, damage or theft of personal items, wherever they are stored. When you are finished with the facilities, please leave them in a clean and tidy manner.

Use of equipment

• Towels are required to be used while exercising, to keep the equipment hygienic and in good order for all members. If you do not have one and providing there is a staff member available, you may purchase one from the office.
• If you see something that needs repairing or replacing, advise the office as soon as possible.
• Please ensure all equipment and weights are returned to their respective machines when you are finished – we want to keep Evolution a safe environment for all!

Safety, maintenance and service demand

Evolution may from time to time as reasonably necessary:
a. Close of any part of the premises or isolate pieces of equipment for maintenance or safety issues;
b. Change the hours of opening and closing or alter class timetables in accordance with demand; or
c. Vary Evolution rules. Where this occurs, Evolution will provide reasonable notice on the Evolution notice boards or at reception.

Damage to building or property

• If your willful or neglectful actions cause damage to the building or any property, you may be liable for repair or replacement and be required to pay the associated invoice.
• Members are responsible for the damages caused by their guests or children.

Personal Training

• If you wish to engage our personal training services, please come in to the office and one of our staff members can arrange a consultation.

Electricity and fire safety measures

• In the case of a power outage, you will not be able to access the gym. However, emergency lights will guide you out.

Damage & Personal Injury

Disclaimer. To the extent permitted by law, Evolution Strength & Fitness excludes any liability to the Member in the Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, but without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, changes or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or services/products provided by Evolution, and/or any act or omission of Evolution.

Severability

In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Direct Debit Request (DDR) and Contract with the intention that the balance of the Direct Debt Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.

Privacy and treatment of others

A Customer’s “personal information” (as the term is defined in the Privacy Act 1988 (Cth)) will only be used by Evolution to
provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with you selection
relating to the Privacy disclaimer on the front page of the Direct Debt Request (DDR) and Contract.

Breach of Terms and Conditions

Any breach of these terms and condition will result in a warning and any further breach will result in a second warning and your
membership may be suspended or termination. A proven serious breach of the general conditions of entry may result in immediate termination of your membership without warning. The Member and Evolution each hold reciprocal rights of termination for a material breach of any terms or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.
Evolution also reserves the right to cancel any membership at any time for any reason we deem satisfactory, including but not limited to, abuse or harassment of members, guests or staff, false allegations or public slandering of Evolution or its staff.

Transfer of membership by Evolution

Evolution will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the
business.
a. Evolution may relocate to another premises within a 5 km radius and the location at which the services are provided may
change during the term of the agreement. In the event of a. or b. occurring you agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.

Increase in fees

If paying by Direct Debit, Evolution may at any time AFTER the end of the minimum term, upon sending written notice to the Member’s last known address and giving 14 days notice, increase the installment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the installment amount, the Member must notify Evolution within 14 days of the date of the written notice sent by Evolution. The Membership Agreement will be terminated upon receipt of this notice.
If the Member does not notify Evolution of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the Direct Debit Request (DDR) and Contract will remain in force and the increase in the installment will be deemed to be accepted by the Member.

Entire Agreement

The Direct Debit Request (DDR) and Contract, including Membership booklet (where applicable), constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Evolution relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.