INTRODUCTION

To help you get the best out of Evolution Fitness and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions.
The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team at the club will be happy to help you.

To help make these terms and conditions easy to read, we have split them into two parts.

Part A – terms and conditions of membership
All members must keep to the same terms and conditions, including adult and child members who’smemberships are linked to other members and child members whose application form has been signed on their behalf by an adult.
Part B – rules and regulations for using facilities
These terms and conditions apply to all our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you, your guests and our other members to share during every visit to the club.

These terms and conditions apply at all times and take priority over anything a member of our team has told you.

PART A – TERMS AND CONDITIONS OF MEMBERSHIP
Definitions that apply to part A
You – the lead member
Linked member – anyone who is linked to your membership
Your entire membership – your membership and the membership of your linked members We and us – Evolution Fitness Gym Limited

Your club – Evolution Fitness, Ystrad Mynach

Responsibilities of lead members and linked members

Every person who signs the membership application will be jointly and individually responsible under this agreement.
This means that:

if one of those people tells us to do anything in relation to the membership (including ending it) we will take that as authority from all of them;
each of those people will be responsible for paying all the appropriate membership fees for themselves, for any other people who have signed the form and for all linked members (whether adults or children); and
each of those people will be responsible for paying any extra charges and fees which they, any other people who have signed the form, a linked member or a guest has to pay for using facilities and services not covered by the membership category.

The responsibility in A1b for the fees and charges of any linked member continues until:

the linked member’s link with the lead member changes in any of the ways set out in A8

‘Changing your membership’; or

the linked member ends their membership by following the procedure in A14 ‘Ending yourmembership’.
The rules in A1a to c also apply to anyone who makes an application online.
All of these terms and conditions of membership apply to you and all linked members unless we tell you otherwise.
You and all linked members must keep to the rules and regulations for using facilities set out in Part B.

Notice

We calculate your membership in whole calendar months. This means that the following applies.

Anywhere in these terms and conditions where we ask you to give notice of one calendarmonth or more, if you give notice during a month, we will treat it as if we received it on the firstday of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice on 23 May, your notice will start from 1 June, it will run out on 30 June, your membership will end on 30 June and you will pay one more direct debit (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
Anywhere in these terms and conditions where you can give notice to end your membership from the end of the month, when you give notice we will end your membership at the end of the month
during which we receive your notice as long as you have met all other requirements associated with it. For example, if we receive your notice on 23 May (with any supporting evidence we have asked for), your membership will end on 31 May and you will not have to pay any more direct debits after 31 May.
There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June.

If you want to give notice, it must be in writing (addressed to Evolution Fitness Ystrad Mynach). We will accept notice by email (the email address is on the club website). If you need to give us evidence of certain things, you can provide them as attachments to an email.

Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. For example:

if you send us notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it);
if you hand your notice in at your club, ask for a receipt; or
if you send us your notice by email, ask for a delivery receipt.
We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let your club know so they can check whether we have received it.
From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes.
If we need to give notice to you:

it will be effective if we send it to the address or email address we have in the records we hold about you; and
if we give notice during a month, our notice period will run from the first day of the following month.

Membership categories

You are entitled to use the facilities available under your category of membership. The club will give you information about the range of facilities available to you and when you can use them. Each category of membership may have certain restrictions which only apply to that category of membership. We will tell you about these restrictions when you join or when you change your category of membership, whichever applies. You can also get details from our website.

Not all membership categories may be available at all times. We may choose to stop providing certain categories. If this is the case and you are a new member or an existing member, you will not be able to take advantage of these categories unless they become available.
So that your children or grandchildren can enter your club (whether or not they use the facilities), you need to link them to your adult membership. We will also need a letter of permission, or signature, from the person who has parental responsibility for your child or grandchild before they can use your club’s facilities. The child’s membership fees will be based on their age and, if relevant, will increase from the month following each birthday. When a child turns 18, they will become an independent adult member and will need to sign a new agreement in their own right. If you continue to pay the young person’s membership, you should also sign the young person’s agreement. We have the right to limit the number of children linked to an adult’s membership.

Membership types and length of membership
Standard Annual Membership and Standard Monthly Membership

Your membership will begin on the day when you make your membership application.
Your membership will run for the initial period, which is at least 12 full calendar months (see A4.1c) and will continue then indefinitely until you give us at least one full calendar months’ notice in writing in line with A2 ‘Notice’, unless:

you end your membership at the end of the initial period (see A4.1e);
you switch to Flexible membership at the end of the initial period (see A4.1f);
you switch to Flexible membership during the initial period (see A4.1g);
you end your membership early (see A15 ‘Ending your membership early’); or
we cancel your membership (see A16 ‘Cancelling your membership’).

The ‘initial period’ is the full 12-calendar month period from the 1st of the month after the date you made your membership application, together with the part of a month as mentioned in A5d ‘Starting your membership’.
This means that for Standard Annual membership and Standard Monthly membership your minimum commitment is to pay for the first 12 full calendar months of your membership with us (together with the part of a month as mentioned in A5d ‘Starting your membership’). This applies even if you have Standard Monthly membership and cancel your direct debit before then.

If you want to end your membership from the end of the initial period, you can give us one calendar month’s notice (see A2 ‘Notice’) as long as we receive your notice any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not end at the end of your initial period. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not end until months after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this. There is more information on ending your membership in A14.

Starting your membership

You may have to pay a joining fee when you apply for membership.
If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee.

You will need to pay an amount to cover your membership fee from the day that you join until the 1st of the following month. If you join after the 20th of the month, you will need to pay for the rest of the current month, plus the whole of the next month.
When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter your club.

You can change your mind about joining. To do this you will need to give notice in writing. You can do this at any time up to 14 days after making your membership application and your entire membership will end. If you or any of your linked members enters a club to use the facilities during the 14-day cancellation period we will charge a proportion of the monthly fee to cover this period and we will refund the balance of any fees you have already paid.

Membership fees

For Standard Annual membership your membership fee is due every year and covers the year to come. You must pay for your membership by making one payment each year.
For Standard Monthly membership your membership fees are due on the 1^st, 8^th,15^th, 22^ndof each month and cover that month. You must pay for your membership by making monthly payments by direct debit, unless we agree otherwise.

For Flexible membership your membership fees are due on the 1st of each month and cover that month. You must pay for your Flexible Membership by making monthly payments by direct debit, unless we agree otherwise.
Where you pay by direct debit we will ask your bank for your monthly payment around the first working day of each month.

Changing your membership categories and linked members

We realise that your needs can change over time, so you can apply to change your membership category by contacting your club. You can only change your membership category after the end of your initial period.
You may need to provide proof that you qualify for the new membership category you are applying for.

When you change categories, your membership fees will change to the current fees advertised for that category for new members at the club. You will have to pay any difference in the joining fee and membership fees between your new category and your old category. If you pay your membership fee in one payment each year and your initial period has ended, we will refund any overpayment relating to the period after you change your membership category. We will not refund any joining fees you have already paid.

If you want to link another adult member to your membership, we will need their signature to make the change.
If you are linked to another member, either you or the other member can ask to remove that link. If the linked member also wants to end their membership, they will need to give the period of notice that applies to their membership type and the initial period will still apply as explained in A4 ‘Membership types and length of membership’.

If we remove someone from a linked membership, the member who is left will become an individual member. If we remove the link between two members, each member will become an individual member.
If we add someone to your membership as an adult linked member and you are still within your initial period, both you and your new linked member will start a new membership and a new initial period will apply to both of you, starting on the 1st of the month after the date we add the linked member. Except where a linked member (who can be an adult or a child) ends his or her membership, any changes to your monthly payments caused by adding or removing a linked member will apply from the 1st of the month after the change takes place, as long as we receive notice of the change by the 20th of the month. Changes to your monthly payments when a linked member (adult or child) has ended his or her membership will apply at the end of the linked member’s notice period.

Other charges

There may be an extra charge for a small number of facilities and services. We will display the current charges on our website or you can get a list of the current charges from your club reception.
For the purposes of working out the charges, we treat bank holidays as peak time. If you have an off- peak membership, you will be able to use your club during off-peak times only (please ask your club for details of these times).

Charges may vary from time to time. For details of all charges and fees, please contact the membership team at the club.
If you or a linked member uses these extra facilities and services or has to pay a guest fee but does not pay for them at the time, we will take the charges using your credit card (or, if this is not available, by direct debit).

Ending your membership

If your membership has no linked members, only you can give notice to end it.
If your membership has linked members, the following rules apply for ending membership.

If you give notice to end the membership, we will treat it as applying to you and to all linked members unless you tell us otherwise.
If a linked member who has signed the membership application form gives notice to end the membership, we will treat it as applying to you and to all linked members unless the person giving notice tells us otherwise.
If your membership is ended, it automatically ends the membership of all linked members.
Individual adult linked members can end their own membership by giving us notice.
You can end the membership of individual linked children by giving us notice.

The notice periods and the restrictions on giving notice in the initial period are set out in A4 ‘Membership types’.
You must continue to pay your membership fees until your membership ends.
Your membership will end at the end of your notice period.

Ending your membership early
15.1 Medical condition, loss of employment, insolvency, employment relocation, house move or

other changes in personal circumstances

At any time you can end your membership if:

you are suffering from a medical condition which means you are unable to use the facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy);
you lose your employment or are declared insolvent;
you are being relocated in your employment to a location which is more than 10 miles from Evolution Fitness
you are moving home to a location which is more than 10 miles from Evolution Fitness; or

we are satisfied that there has been a change in your personal circumstances, other than those listed above, which means that it is no longer reasonable for you to use the facilities or to continue being a member.

To end your membership for one of the reasons listed above, you must give us notice in writing in line with A2b ‘Notice’. Your membership will end on the last day of the month in which we receive your notice or your suitable evidence, whichever we receive later (see A2a ‘Notice’, second bullet).
You must give us suitable evidence, but you do not need to provide this at the same time that you give us notice.

15.2 Increase in membership fees

At any time, you can end your membership if we give you notice under A18 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.
You must give us notice in writing in line with A2 ‘Notice’. The period of notice is one calendar month for Flexible

Cancelling your membership

We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the club.

We may also cancel your entire membership in the following circumstances.

If you or a linked member breaks or repeatedly breaks this membership agreement or the club rules and you do not or cannot put it right within seven days of us writing to you about it.
If, with your knowledge or permission, another person uses your membership QR code to get into the club.
If, with a linked member’s knowledge or permission, another person uses that linked member’s QR code to get into the club.
If you, your linked member or your (or a linked member’s) guest uses rude or abusive language or behaves or threatens to behave in a violent or aggressive way.

If you or a linked member persistently behave inappropriately, or if we believe that your continued membership (or that of a linked member) is not in the interests of other members of your club, we have the right to suspend your entire membership.

If you do not pay your membership fee when it is due

If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt- collection agency.

Changing your membership fees and this agreement

We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year.
If we plan to increase the membership fees by more than the higher of these amounts, we will make every reasonable effort to give you at least one month’s notice. We will give you notice of the change by writing to you (as described in A2e and f ‘Notice’) and by email.

As well as the increase described in A18a above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you one month’s notice of the increase (either in writing or by displaying a sign on the noticeboard in your club).

We may make reasonable changes to this agreement, to these terms and conditions in Part A and to the rules and regulations in Part B or displayed in your club, at any time, as long as we give you notice before we make the changes.
We may transfer our rights or obligations (or both) under this agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by giving them notice in writing. Your membership will end on the last day of the month in which they receive your notice.

Complaints

We are committed to making sure our members are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you or your guests have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out.

If you have a complaint, you should first tell a member of staff at the club. If you are not satisfied with their response, you should contact the manager on duty at the club. If you are still not satisfied, you should contact the general manager at the club.

Liability

We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of the club, other than the liability which arises from our negligence or our failure to take reasonable care.
We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of the club, other than the liability which arises from our negligence or our failure to take reasonable care.

Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.

Data Protection

We will deal with all information we hold about you in line with our privacy policy which you can get from our website at www.evolutionfitness.fit. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy.

PART B – RULES AND REGULATIONS FOR USING CLUB, FACILITIES AND ACTIVITIES Definitions that apply to part B
You – any person using the club facilities under your membership
Linked member – anyone who is linked to your membership

Your entire membership – your membership and the membership of your linked members We and us – Evolution Fitness Gym Limited

General health and safety

We do not allow pets (except for registered working assistance dogs) in the club.
To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in the club. If you do not understand a notice or sign please ask one of our team members at the club.

Fire exits are clearly marked throughout the club. If there is a fire or if you hear the fire alarm, you should make your way out of the club through the nearest possible exit to the advertised assembly point in the car park.
If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened to the senior manager on duty immediately.

For legal and health reasons, you must not smoke while using any of the club facilities.
While you are at the club, we expect you to behave appropriately, respectfully and politely, and dress appropriately at all times. We can prevent you from entering the club or ask you to leave if we think that your behaviour or appearance is not suitable.
You should not use the club if you have an infectious illness or condition.
For your safety, when using the facilities, you must wear appropriate footwear (for example, trainers, closed toe)

Car park

You are only entitled to use the club car park while you are using the club facilities. You must park only in the spaces in our car park. If you do not have a disabled badge you must not park in the spaces reserved for disabled badge holders.
We do not guarantee that car parking is available at the club.

You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park.

You are entitled and encouraged to cycle to the club where possible. We provide a bike shelter and park area for your bike. You leave your bike at your own risk. We do not accept liability for any loss or damage to your bike, or any personal belongings you leave on your bike while parked at the club.

Lockers

You bring all personal belongings to the club at your own risk. We do not accept legal responsibility for any loss or damage to these items.
If you lose a key or padlock to any locker you have hired, you will have to pay a fee to cover the cost of a new key or padlock as appropriate.

If you find lost property, you must hand it into the club reception immediately. The club noticeboard will show the times when you can pick up lost property from reception.

Gym and fitness facilities

Our aim is to make you feel better, and we try to make this as much fun as possible. We know that everyone has different aims, levels of skill, tolerance and fitness. Every moment you spend with one of our coaches is designed to focus on your needs.
Before you start using the gym or fitness equipment, we will ask you to read a health commitment statement and have a supervised gym induction session with one of our qualified fitness coaches. Only qualified fitness coaches will set you an exercise programme.
If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.
To make sure you get the most from every activity that you do at the club in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.
You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.
You should tell the general manager, a qualified coach or a member of the membership team when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.
You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell a health and fitness coach or any other member of staff at the club.

Photographs and videos

You may take photographs and video recordings in your club for your own personal use provided that you keep to these rules and any extra rules displayed at your club.
You must not take photographs or videos of any children under 18 other than your own.
Anyone who appears in your photographs or videos must be aware that you are filming them and you must get their permission first.
If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the club and to delete them if appropriate.

If a member of our team asks you to stop filming or taking photographs you must do so.

Terms and Conditions for Evolution Fitness