Evolution Fitness / Toa Martial Arts - Terms & Conditions of Membership
1. Membership Eligibility & Access
1.1 Members must be 14 years or older. Members under 14 may only access the facility when accompanied by an adult member, at the discretion of Management.
1.2 Members under 18 years of age must have their membership endorsed by a parent or legal guardian.
1.3 Members under 18 will have restricted access hours, set by Management, being 5.00am – 9.00pm.
1.4 Memberships are only valid once the membership agreement has been completed and accepted by Evolution Fitness Management.
1.5 Acceptance of membership applications is at the discretion of Evolution Fitness Management.
1.6 Membership fees must be paid and up to date at all times to access the facility.
1.7 Members are responsible for any third‑party fees or penalties incurred through payment providers (including DebitSuccess).
1.8 Members must not allow or facilitate entry to any non‑member. Any breach of this clause may result in a $150 security breach fee, suspension, or termination of membership.
1.9 Memberships are personal and non‑transferable.
2. Cancellations, Holds & Fees
2.1 Fixed‑term memberships cancelled prior to the end of the minimum term may incur a cancellation fee, being the lower of $150 or the remaining unpaid membership fees owing for the minimum term. This fee represents a genuine estimate of administrative and contractual loss. Management may waive this fee in extenuating circumstances.
2.2 Memberships may be placed on hold for illness, injury, or overseas travel for a minimum of 2 weeks and a maximum of 3 months. A hold fee equivalent to one week’s membership rate applies unless otherwise approved by Management.
2.3 Casual, discounted, and short‑term memberships are not eligible for holds or transfers.
2.4 Memberships may be cancelled after completion of any minimum term by providing 10 working days’ written notice.
2.5 All cancellations and holds must be made in writing and are effective only once confirmed by Evolution Fitness.
2.6 Members must return all access tags/cards upon cancellation. Lost or unreturned tags will incur a $30 replacement fee.
3. Health, Safety & Management Rights
3.1 Members must complete a pre‑exercise questionnaire and, where reasonably required, provide medical clearance before using the facility.
3.2 Evolution Fitness Management may restrict or refuse facility access where a member poses a health or safety risk to themselves or others.
3.3 Evolution Fitness may request a medical certificate from a registered medical practitioner where appropriate.
3.4 Evolution Fitness may update these Terms & Conditions and the Gym Rules from time to time. The most current version will be made available at the facility and/or online. Members are responsible for familiarising themselves with any updates, and continued use of the facility constitutes acceptance of the updated Terms & Conditions and Gym Rules.
3.5 Evolution Fitness reserves the right to alter opening hours, services, or access arrangements where reasonably required.
3.6 Serious or repeated breaches of these Terms or Club Rules may result in suspension or termination of membership without refund, except where required by law.
3.7 For safety and security purposes, Evolution Fitness may request to inspect bags with the member’s consent, as a condition of entry.
4. Member Rights
4.1 Members may access the facility in accordance with their membership type, subject to these Terms & Conditions.
4.2 Members may cancel their membership without penalty where Evolution Fitness has materially failed to provide the agreed services, in accordance with the Consumer Guarantees Act 1993.
5. Conduct & Behaviour
5.1 Evolution Fitness reserves the right to refuse entry to or remove any person whose behaviour is unsafe, offensive, or disruptive.
5.2 Members must follow all reasonable hygiene, safety, and equipment‑use instructions.
5.3 Offensive language, aggressive behaviour, or harassment will not be tolerated.
5.4 Unauthorised personal training, solicitation, or commercial activity is prohibited without written approval.
5.5 Equipment must be used correctly and returned after use. Misuse or deliberate damage is considered a serious breach.
6. Damage to Property
6.1 Members are financially responsible for the repair or replacement of any equipment, fixtures, or property damaged due to misuse, negligence, reckless behaviour, or failure to follow instructions.
6.2 Where damage results from a clear breach of facility rules or misuse, Evolution Fitness may rely on CCTV footage, access‑control data, and staff reports to establish responsibility.
6.3 Costs may include repair, replacement, labour, freight, loss of use, and administrative expenses.
6.4 Where the responsible member is under 18, the endorsing parent or legal guardian accepts responsibility for these costs.
7. Facilities, Risk & Personal Responsibility
7.1 Evolution Fitness may add, remove, or modify equipment or services at its discretion.
7.2 Maintenance or safety works may result in partial or full facility closures.
7.3 Members acknowledge that fitness activities carry inherent risks and agree to exercise reasonable care at all times.
7.4 Members acknowledge that participation in fitness training, martial arts activities, group classes, and the use of gym equipment involves inherent risks. These risks may include physical injury, serious injury, or other adverse health events. Members voluntarily choose to participate in these activities and accept responsibility for exercising reasonable care, following all safety instructions, and training within their own physical limits and capabilities. Members acknowledge that injury or other harm may occur even where Evolution Fitness, its staff, or contractors have taken reasonable care. Nothing in these Terms & Conditions limits or excludes Evolution Fitness’s obligations under New Zealand law, including the Health and Safety at Work Act 2015 and the Consumer Guarantees Act 1993.
8. Liability & Legal Limitations
8.1 Nothing in these Terms limits or excludes any rights or remedies available under the Consumer Guarantees Act 1993 or any other applicable New Zealand law.
8.2 Members acknowledge that participation in fitness and martial arts activities carries inherent risk and agree to assume responsibility for those risks to the extent permitted by law.
8.3 Evolution Fitness is not liable for loss or damage to personal property except where required by law.
I acknowledge that I have read, understood, and agree to comply with the Evolution Fitness / Toa Martial Arts Terms & Conditions and Club Rules, including responsibilities relating to equipment use, member conduct, and payment obligations.
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 the Terms & Conditions.
I consent to the use of CCTV footage, access-control data, and staff reports for safety, security, and enforcement purposes.
Parent / Guardian Acknowledgement (Members Under 18)
Where a membership is held by a person under the age of 18, the parent or legal guardian who endorses the membership:
• Confirms they have read and understood these Terms & Conditions and Club Rules
• Confirms they have authority to provide consent on behalf of the minor
• Accepts responsibility for the minor’s compliance with facility rules, conduct requirements, and safety instructions
• Acknowledges that fitness and martial arts activities carry inherent risks, even when supervised
• Accepts financial responsibility for any fees, charges, or costs arising from the minor’s membership, including damage caused through misuse or negligence (as outlined in Clause 6)
• Understands that Evolution Fitness Management may suspend or terminate a minor’s access for safety, behavioural, or rule-breach reasons
By accepting these Terms & Conditions, the parent or legal guardian provides full consent for the minor’s membership and participation at Evolution Fitness / Toa Martial Arts.
☐ I have been given access to, and have read and understood, the Terms & Conditions and Gym Rules, and accept responsibility for complying with them.
☐ I understand that participation in fitness and martial arts activities involves inherent risks, and I voluntarily accept those risks.