Evolution Fitness / Toa Martial Arts - Terms & Conditions of Membership
1. Membership Eligibility & Access
1.1 Membership is available from age 14. Children under 14 may access the facility only through approved programmes or with Management approval.
1.2 Members under 18 must have their membership endorsed by a parent or legal guardian.
1.3 Members under 18 have restricted general facility access hours of 5.00am – 9.00pm, unless otherwise approved or participating in a supervised programme.
1.4 Membership is valid once the membership agreement has been completed and accepted by Evolution Fitness Management.
1.5 Membership fees must be paid and up to date to access the facility.
1.6 Members are responsible for any third-party fees, charges, or penalties incurred through payment providers or debt collection agencies.
1.7 Members must not allow or facilitate entry to any non-member unless permitted by these Terms or approved by Management. A breach may result in a $150 security breach fee, suspension, or termination of membership.
1.8 Memberships are personal and non-transferable.
2. Cancellations, Holds & Fees
2.1 Fixed-term memberships cancelled before the end of the minimum term may incur a cancellation fee equal to the lower of $150 or the remaining unpaid membership fees for the minimum term. Management may waive the fee in extenuating circumstances.
2.2 Memberships may be placed on hold for illness, injury, or overseas travel in full week blocks, for a minimum of 1 week and maximum of 12 weeks per calendar year, limited to 2 holds per year. A $5 weekly hold fee applies unless otherwise approved by Management.
2.3 Casual, discounted, and short-term memberships are not eligible for holds.
2.4 Memberships may be cancelled after completion of any minimum term by providing 10 working days' written notice.
2.5 Cancellations and holds must be made in writing and are effective once confirmed by Evolution Fitness.
3. Health, Safety & Management Rights
3.1 Members are responsible for using the facility within their physical capabilities and following all safety instructions. Evolution Fitness may request medical clearance or restrict access where reasonably required for health or safety reasons.
3.2 Evolution Fitness may update these Terms & Conditions, Gym Rules, and Sauna Rules where reasonably required for operational, safety, legal, or service-related reasons. Current versions will be available at the facility and/or online. Members will be given reasonable notice of any material change that affects their membership rights or obligations. Where a material change significantly reduces the services or benefits of a fixed-term membership, the member may cancel without an early cancellation fee.
3.3 Evolution Fitness may alter opening hours, services, equipment, facilities, or access arrangements, or temporarily close all or part of the facility, where reasonably required for operational, maintenance, or safety reasons.
3.4 Serious or repeated breaches of these Terms & Conditions, Gym Rules, or Sauna Rules may result in suspension or termination of membership without refund, except where required by law.
4. Conduct & Behaviour
4.1 Evolution Fitness may refuse entry to or remove any person engaging in unsafe, offensive, threatening, aggressive, harassing, intimidating, or disruptive behaviour.
4.2 Members must follow all reasonable hygiene, safety, facility, and equipment-use instructions.
4.3 Unauthorised personal training, solicitation, or commercial activity is prohibited without written approval.
4.4 Equipment must be used as intended. Misuse or deliberate damage is considered a serious breach.
5. Damage to Property
5.1 Members are financially responsible for damage to equipment, fixtures, or property caused through misuse, negligence, reckless behaviour, or failure to follow instructions.
5.2 Recoverable costs may include reasonable repair, replacement, labour, freight, loss-of-use, and administrative costs.
5.3 Where the responsible member is under 18, the endorsing parent or legal guardian accepts responsibility for these costs.
6. Risk & Personal Responsibility
6.1 Members acknowledge that fitness training, martial arts, group classes, reformer Pilates, use of gym equipment, sauna facilities, massage/recovery chairs, and other fitness or recovery services where applicable involve inherent risks, including injury or adverse health events. Members are responsible for following safety instructions, using equipment and facilities as intended, and staying within their physical limits. Injury or harm may still occur despite reasonable safety precautions being taken.
7. Liability & Legal Limitations
7.1 Nothing in these Terms & Conditions limits or excludes any rights or remedies available under the Consumer Guarantees Act 1993, Health and Safety at Work Act 2015, or any other applicable New Zealand law.
7.2 Evolution Fitness is not liable for loss or damage to personal property except where required by law.
8. Sauna Use
8.1 Sauna use is restricted to authorised users aged 18 years or over.
8.2 Members are responsible for deciding whether sauna use is suitable for them and should obtain medical advice where appropriate.
8.3 Members must comply with all Sauna Rules, safety instructions, signage, booking requirements, and reasonable directions issued by Evolution Fitness. Serious or repeated breaches may result in restricted sauna access, suspension, or termination of membership under these Terms & Conditions.
Member Acknowledgement
I understand that misuse or negligent damage of equipment or facilities may result in repair or replacement costs being charged to me in accordance with these Terms & Conditions.
I consent to the use of CCTV footage, access-control data, and staff reports for safety, security, and enforcement purposes.
☐ I have read, understood, and agree to comply with these Terms & Conditions and all applicable Gym Rules and Sauna Rules.
☐ I understand that fitness and martial arts activities, reformer Pilates, use of recovery facilities, and sauna use where applicable involve inherent risks, and I voluntarily accept those risks.