In this Agreement the following terms apply:
- Agreement: this membership agreement made between you and Evolve Fitness Matamata.
- Club: the Evolve Fitness Matamata 24/7 gym where you applied for your membership as described in this Agreement.
- Evolve Fitness Matamata: includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
- You : the person described in this Agreement who is applying for the Evolve Fitness Matamata membership.
This agreement incorporates the terms of the Evolve Fitness Matamata Membership Policies and Club Rules (which are located at the Club) and written at the end of this Agreement.
a) Nature of Membership
Your membership permits you to use Evolve Fitness Matamata premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you. Evolve Fitness Matamata reserves the rights to sell memberships at different rates and terms.
b) Membership on Hold
Evolve Fitness Matamata will only put your membership on hold if you qualify under the membership hold policy set out by the Club. To be eligible for a membership hold, your fees must be current and up to date.
c) Foundation Membership
Members who complete and sign an Evolve Fitness Matamata Membership Agreement have the privilege of maintaining the value of their membership for the life of the agreement.
Evolve Fitness Matamata reserves the right to terminate their privileges in the event of the following:
(a) Membership is not renewed prior to its expiry date.
(b) Direct Debit membership is in arrears for any fees or services.
(c) Member’s conduct is improper or harmful to the best interest of Evolve fitness Matamata and/or its members.
(d) Member is in breach of the club rules
d) Termination of Membership
Termination of membership is effective on the date Evolve Fitness Matmata advises the member by email/mail/text to the last known address/ number.
You agree to pay the fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in Debit Successes terms and conditions.
3.MEMBERSHIP FEE INCREASE
- Evolve Fitness Matamata reserves the right, at any time, to change the fees charged to members for use of the Facilities.
- Evolve Fitness Matamata agrees to use reasonable endeavours to provide you with written notice of the changes at the most current email/mail address you have supplied.
- The changes will take effect 30 days after the notice has been received by you. We deem receipt to have occurred 2 business days after the notice was posted. At the end of the 30 day period, you authorise Evolve Fitness Matamata and/or the direct debit company to debit the new amount to your account.
4.CANCELLATION,TERMINATION AND REFUND
Basic Cancellation Rights and Refund:
You may cancel your membership and receive a refund of any unused prepaid monthly Fees if you qualify as follows:
(a) Permanent Sickness or Physical Incapacity:
The disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing.
(b) Termination of Monthly Membership:
If you have a monthly membership you may terminate this at any time upon completion of the minimum term, you must return your membership access card/key when your membership ends.
(c) Termination of Membership paid in full:
If you have a prepaid membership you may not get a refund, except for the reasons stated in section 4(c1). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
(d) Termination for Cause by Evolve Fitness Matamata:
Evolve Fitness Matamata may, at its option, terminate your membership if
(i) You fail to make timely payments under any payment plan;
(ii) Any monthly payments or fees are late;
(iii) You fail to follow any of Evolve Fitness Matamata membership policies or Club rules or violate any part of this Agreement; or
(iv) Your conduct is improper or harmful to the best interest of Evolve Fitness Matamata or its members.
- Termination is effective on the date Evolve Fitness Matamata email/mails/text a written notice to your last known address/ number. You are liable for all financial obligations until that date. If you prepaid your fees, Evolve Fitness Matamata will not refund any unused portion, and you must immediately return your membership access card/key.
- Effect of Termination & Financial Obligation:
Upon cancellation or termination, your right to use the Facilities ends and evolve Fitness Matamata can deny you access to the club.
- Any money owing to Evolve Fitness Matamata, when your membership ends, remains immediately due.
5. MINIMUM AGE
- All membership holders of Evolve Fitness Matamata must be a minimum of 14 years of age.
- All minors under the age of 18 must have a parent or guardian co-sign the Membership Agreement form. Minors aged between 14 – 16 must comply with the following restrictions:
a) Access during staffed hours only – no access card will be issued.
b) Pre-exercise questionnaire to be completed by parent or guardian.
c) A suitable qualified Personal Trainer is to undertake a pre-exercise assessment and then provide an exercise program for the minor prior to commencement of exercise.
6. 24/7 ACCESS
- Evolve Fitness Matamata only grants members 24/7 access to its Facility. Any member who brings a non-member into the Club during unstaffed hours acknowledges that by signing this Agreement they have accepted the terms and conditions including:
a) They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of Evolve Fitness Matamata;
b) Membership will be terminated immediately
c) They will be prohibited from re-joining.
7. VIDEO SURVEILLANCE
For security purposes, Evolve Fitness Matamata uses video surveillance equipment to monitor the Club on a 24 hour basis. By signing this agreement you acknowledge that by accessing the facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area only, and is not within the walls of the bathrooms or client screening rooms.
8. UNSTAFFED HOURS
Evolve Fitness Matamata operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilising the Facilities you acknowledge that you enter and use the Facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
9. STAFFED HOURS
The staffed hours for the Club are displayed at the entrance to the Club. Evolve Fitness Matamata reserves the right to make amendments to staffed hours at any time without prior notice.
10. INITIAL ASSESSMENT
- It is a condition of this Agreement that you participate in an initial assessment and program.
- The initial assessment and program focuses on your physical health and the safe and correct use of the equipment provided at the Club.
You use the Facilities provided by Evolve Fitness Matamata at the Club at your own risk and acknowledge that the use of the Facility may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Evolve Fitness Matamata against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
You indemnify Evolve Fitness Matamata against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that Evolve Fitness Matamata incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Club or in the vicinity of the Club.
- You understand and acknowledge that Evolve Fitness Matamata purchases or leases the equipment from a third party and therefore do not manufacture any of the fitness or other equipment used in the Club.
- You understand and acknowledge that Evolve Fitness Matamata is providing recreational services and may not be held liable for defective products or equipment.
14. PHYSICAL CONDITION AND NO MEDICAL ADVICE
- By signing this document you deem yourself to be in good physical condition and have no medical reason or impairment that might prevent you from your using the equipment at the Club.
- You acknowledge that Evolve Fitness Matamata did not give you medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
- If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with your doctor before using the equipment.
15. LIABILITY FOR PROPERTY
- Evolve Fitness Matamata is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker.
- If you cause damage to the Club or any equipment you are liable to Evolve Fitness Matamata for its cost of repair or replacement.
16. CHANGE OF DETAILS
You must provide us with any changes to your details which are relevant to your membership.
17. ENTIRE AGREEMENT AND ENFORCEMENT
- You acknowledge that neither Evolve Fitness Matamata nor any other party has made any representations or promises upon which you have relied when entering this agreement.
- This document contains the entire agreement between you and Evolve Fitness Matamata and replaces any oral or other written agreement. Any manual or hand written changes to this agreement are not valid.
- If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Evolve Fitness Matamata does not enforce any rights in this agreement for any reason, Evolve Fitness Matamata does not waive its right to enforce it later.
I acknowledge the terms and conditions of this document.