Evolution Fitness / Toa Martial Arts Terms and Conditions
In consideration of being permitted to Evolution Fitness (Stashio Limited) situated at 3/9 Joan Gaskell Drive, Whitianga.
1. Memberships
1.1 Members must be 14 or older. Any members who are under 14 must be accompanied by an adult who is also a member at the discretion of management.
1.2 Any member under 18 years of age must be endorsed by the applicant’s legal guardian.
1.3 Members under the age of 18 will have reduced hours to the facility, times of entry set by management for personnel under 18 will be between 5am – 9pm.
1.4 Membership agreements must be completed and signed by the member in order to be considered valid.
1.5 Acceptance of membership application will be at the discretion of Evolution Fitness Management.
1.6 All members are bound by these terms and conditions.
1.7 All memberships fees must be up to date in order for the client to use the facilities.
1.8 All members are responsible for paying any penalty fees from Debit Success and/or the facility.
1.9 All members must produce their membership card on each visit before using the facilities.
1.10 All members will be prohibited from granting access to other personnel entering the premises, any members allowing access to non-members will be liable to pay a fine of $150 and your membership may be terminated based on management discretion,
1.11 All memberships and non-refundable and/or transferrable.
2. Cancellations and Holding of Memberships
2.1 A payment plan membership will incur a fee if cancelled within the minimum term, being the lower of $150 on the remaining payments. Under extenuating circumstances the Evolution Fitness Management may waive the cancellation fee.
2.2 A membership may be placed on hold for overseas travel, illness or accident, for a minimum of 2 weeks and maximum term of 3 months, which will incur one week’s membership payment (i.e. one week of your normal membership rate). This may be altered at the discretion of management.
2.3 There are no holds or transfers available for all casual memberships, discounted memberships and/or 3 month memberships.
2.4 A membership may be cancelled after the minimum term if applicable, however notice of 10 working days must be given.
2.5 Cancellations and holds must be notified in writing. Evolution Fitness will also confirm your hold or cancellation in writing during normal working hours i.e. Mon-Fri 9am-5pm. Please get in contact if you haven’t had confirmation.
2.6 Members must return their access tag/card when ending membership.
2.7 If you lose your access tag/card, a replacement fee of $25 will apply.
3. Managerial Discretion
3.1 All members must complete a pre-exercise questionnaire and/or provide a doctor’s certificate if requested.
3.2 Evolution Fitness Management reserve the right to refuse use of the facilities to any member deemed at risk of injury to themselves or other members, or that pose a health & safety issue.
3.3 Evolution Fitness Management may request a medical certificate from a registered medical practitioner for any member before the may use the Evolution Fitness premises.
3.4 Evolution Fitness Management reserves the right to alter or update these terms and conditions.
3.5 Evolution Fitness Management reserves the right to alter the opening hours of the facility without prior notice given to the members.
Any serious breach of club rules may result in the member being asked to leave 3.6 and/or their membership being terminated without reimbursement.
Evolution Fitness Management reserve the right to check any bag/s on the premises.
4. Member Rights
4.1 Every member is entitled to use the Evolution Fitness premises during any and all opening hours stipulated by their membership agreement subject to these terms and conditions.
4.2 The member has the right to cancel this membership agreement without penalty if Evolution Fitness is deemed to have failed to uphold these terms and conditions.
5. Members Conduct
5.1 Evolution Fitness reserves the right to refuse entry to or expel any member whose conduct is deemed dangerous or offensive to other Evolution Fitness members or staff.
5.2 In the interest of hygiene and safety all members are required to wear suitable clean clothing & clean closed in shoes, carry a towel and spray & wipe down all equipment and benches after use.
5.3 Offensive language and/or aggressive behavior will not be tolerated.
5.4 Non-club product solicitation and non-approved personal trainers is/are prohibited from Evolution Fitness premises and will require managements written consent.
5.5 Clean clothes and deodorant is recommended for any members with body odor that may offend other members.
5.6 All equipment must be returned after use and used in the manner it is designed for.
5.7 Dropping weights and misusing equipment is prohibited and is deemed a serious breach of the facilities rules.
6. Facilities
6.1 Evolution Fitness Management reserve the right to add or remove any equipment or service provided by the facility at their discretion and without notice to the members.
6.2 Evolution Fitness Management reserves the right to make alterations to and perform maintenance on the Evolution Fitness premises without notice. This may cause the partial or full closure of the facilities.
6.3 Chewing gum is prohibited in the facility, food and open cups are only permitted in the reception area.
6.4 Personal valuables brought onto the company premises are done so at the owner’s sole risk.
6.5 Although all care is taken by the Evolution Fitness Management to ensure members safety, members using the facilities do so at their own risk.
6.6 Normal entry and exit of the building must be done through the front entrance door only, unless in an event of a fire, entry and exit through the back-roller door is strictly prohibited.
6.7 Personnel must not walk on matted area in Dojo with shoes on, this area is not accessible unless there is a class in progress, otherwise out of bounds.
7. Disclaimer of Liability
7.1 I hereby release Stashio Limited trading as Evolution Fitness and its respective directors, officers, shareholders, employees, agents, contractors and their successors and assigns (collectively the “Releases”) from and against any and all liability for any loss, damage, injury, expense, demand, or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise as a result of my presence in, upon, or about the premises as a consequence of my use of the facilities and equipment.
7.2 I will indemnity and hold harmless the Releases, collectively and individually, from any and all losses, liabilities, damages, cost and expenses that may incur, for any whatsoever that may arise as a result of my participation in the contemplated activity, and my presence in, upon or about the premises.
7.3 Upon entering the premises and facilities of Stashio Limited trading as Evolution Fitness, I will inspect and my observation and use of said premises and facilities shall be constitute an acknowledgement that I find and accept such premises to be safe and reasonably suited for their intended purpose(s).
7.4 I am aware and acknowledge that injury or death may result from weight training, cardio training or any other form of fitness and from the use of the premises and facilities or any equipment therein and thereon.
7.5 I acknowledge that I have read these terms and conditions and have received an opportunity to discuss this with my legal counsel. Further I acknowledge that I fully understand the terms set out above and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.