1. Definitions

(a) Access Pass means your membership credential, allowing you to enter the Club.

(b) Approved Group Training means the approved group training fitness sessions offered by Evolve Health Club to Members.

(c) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(d) Club Start Up Fee means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(e) Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(f) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(g) DD Membership Fee means the fortnightly fee payable for the DD Membership, inclusive of any Payment Provider fees.

(h) Dishonour Fee means a $10.00 fee for the purposes defined in clause 4(g).

(i) Pre-Activity Questionnaire means the pre-workout questionnaire that the Member is required to complete before using the Club.

(j) Foundation Member means a Member that has a Foundation Membership Type as categorised by this Agreement.

(k) Evolve Health Club (we, us) means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, and employees.

(l) Member means an individual who has entered into this Agreement with Evolve Health Club or otherwise is granted access to a Club.

(m) Membership Agreement means the form provided to you by Evolve Health Club requiring you to provide the relevant details to Evolve Health Club (e.g. name, address, payment card details) relating to your membership.

(n) Membership Fees means the fees that are due and payable by you pursuant to your Membership Agreement.

(o) Minor means members under the age of 18 but over the age of 14.

(p) Paid In Advance Membership or PIA Membership means the membership of Members who have paid in advance according to the level of PIA membership as specified in this Agreement.

(q) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Request Service Agreement.

(r) Payment Provider means the payment provider specified from time to time by Evolve Health Club.

(s) Payment Provider’s Direct Debit Request Service Agreement means the Payment Provider’s service agreement provided to you by Evolve Health Club.

(t) Policies means Evolve Health Clubs membership policies as amended from time to time, which are available at the Club on request during Staffed Hours.

(u) Privacy Act means the Privacy Act 1988 (Cth).

(v) Privacy Policy means the Evolve Health Club privacy policy, which is available by emailing info@evolvehealthclub.com.au.

(w) Products means any products that are purchased pursuant to Evolve Health Clubs’ sale of goods terms and conditions.

(x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.evolvehealthclub.com.au. Evolve Health Club reserves the right to change the Staffed Hours at any time without notice.

(y) Opening Hours means the hours for the Club, which are located at the entrance to the Club or at www.evolvehealthclub.com.au. Evolve Health Club reserves the right to change the Opening Hours at any time without notice.

(z) Written Notice means notice in writing, given in person, by email, or by post to the parties’ last known address.

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules, the Privacy Policy, and any further policy referred to in this Agreement, as updated from time to time.

(c) If any policy or document referenced in this Agreement is not available, Evolve Health Club will provide a copy upon request.

(d) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Evolve Health Club.

(e) Evolve Health Club reserves the right, in its sole discretion, to amend this Agreement.

(f) Evolve Health Club holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party.

3. Membership

(a) Nature of Membership

Your membership permits you to use Evolve Health Club premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Evolve Health Club.

(b) Access Pass

You will be issued an Access credential to access the Clubs on the terms of your Membership Agreement.

(c) Membership Pricing

You acknowledge and agree that membership pricing varies between different membership agreements and that your Membership Fees (including DD Membership and PIA Membership upon renewal) may change.

(d) Change to Details

You must provide Evolve Health Club with any changes to your details, which are relevant to your membership, in writing.

(e) Membership Hold

Evolve Health Club will only hold your membership in accordance with the requirements of the Membership Hold Policy available upon request. Members are entitled to hold their membership free of charge for a combined period of 8 weeks per calendar year provided written notice is given to Evolve Health Club prior to the hold period start date.

(f) Staffed Access

A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.

(g) Membership Transfers – Paid in Advance (PIA)

A Member may transfer their PIA Membership in accordance with the Membership Transfer Policy available in the Club.

(h) Foundation Membership

Members who duly complete and agree to this Agreement on a defined Foundation Membership type are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for a minimum of two years from the opening of the club. Termination of Foundation Membership privileges is effective on the date Evolve Health Club advises the Member by Written Notice. Evolve Health Club reserves the right to terminate a Foundation Member’s privileges in the event of the following:

(i) a PIA Membership is not renewed before its expiry date;

(ii) a PIA Membership is transferred to a non-member;

(iii) a PIA Membership is cancelled or terminated;

(iv) a DD Membership is cancelled or terminated;

(v) a DD Membership is in arrears;

(vi) a DD Membership is transferred in accordance with the Membership Transfer Policy; or

(vii) the Member’s conduct is improper, harmful or illegal and contrary to the best interest of Evolve Health Club and/or its Members.

4. Payments

(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b) For a DD Membership, you must make your payments on a fortnightly basis in advance. Payments are not billed weekly.

(c) For a PIA Membership, you must pay your membership fee in advance according to your level of PIA Membership, as indicated by Evolve Health Club.

(d) For all memberships, you must make payment of the Club Start Up Fee and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or, for PIA Memberships, by way of credit, cash or EFTPOS).

(e) You must provide to Evolve Health Club, in the form requested by Evolve Health Club, a payment agreement authorising Evolve Health Clubs Payment Provider to debit the DD Membership Fee due for each direct debit period from your billing account.

(f) Evolve Health Club will endeavour to contact you by phone, SMS or email to inform you of any overdue payments. In the event that Evolve Health Club is unable to contact you, it will provide you with a Written Notice of overdue payments.

(g) A Member will automatically be charged a $10.00 Dishonour Fee if a fortnightly direct debit payment is dishonoured by their financial institution.

(h) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(i) If there are repeated failures to meet your payment obligations (other than through the fault of Evolve Health Club or its Payment Provider), without prejudicing Evolve Health Clubs rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(j) You acknowledge and agree that Evolve Health Club may change its Payment Provider and that Evolve Health Clubs and/or the current Payment Provider may, in their sole discretion, assign or novate all existing payment agreements to a new payment provider. In the event that Evolve Health Club or the current Payment Provider assigns or novates the existing payment to a new payment provider, you consent to Evolve Health Club or the current Payment Provider providing your personal information, including, but not limited to, your payment details, to its new payment provider in accordance with this Agreement and the Privacy Policy.

(k) Evolve Health Club reserves the right, at any time, to change the PIA Membership Fees and DD Membership Fees charged to Members for use of the Club facilities. Evolve Health Club agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has been deemed to have been received by you. We deem receipt to have occurred two (2) business days after the Written Notice was sent. If you are on a DD membership, at the end of the 30 days, you authorise Evolve Health Club and/or the Payment Provider to debit the new amount from your account.

5. Minimum Age and Age Restrictions

(a) All Members of Evolve Health Club must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.

(b) Minors aged between 14 and 15 years of age can only enter Evolve Health Club during staffed hours.

(c) Minors aged 16-17 years of age may enter Evolve Health Club outside of staffed hours as long as parent or legal guardian agree and sign terms of agreement for minor access during sign up process within club.

6. Access by Non-Members

(a) Evolve Health Club only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.

(b) If a Member breaches clause 6(a) of this Agreement, the Member acknowledges that:

(i) 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 Health Club;

(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance of a $200 fine by the Member. For a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; For a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

(iii) Evolve Health Club reserves the right to terminate the access rights of the Member who brings a non-Member into the Club, including through termination of the Membership Agreement.

7. Orientation

(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program with the staff of Evolve Health Club upon your first Club visit.

(b) The orientation focuses on various aspects of the Club, including, but not limited to, Club layout, amenities, and entry and exit areas.

(c) Evolve Health Club may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation before the commencement of exercise.

8. Physical Condition

(a) You hereby represent to Evolve Health Club and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.

(b) It is your responsibility not to use any equipment or to participate in Approved Group Training sessions if they may adversely affect any medical condition, despite clause 8(a).

(c) If you have any health or medical concerns before or after becoming a Member of Evolve Health Club, you must discuss them with a licensed medical professional before using any equipment or Club.

(d) You acknowledge that Evolve Health Club did not give you any medical advice before you used the equipment or participated in Approved Group Training sessions, and cannot give you any medical advice after you use the equipment or participate in Approved Group Training sessions.

9. Pre-Workout Waiver

(a) It is a condition of membership with Evolve Health Club that each Member must complete the Pre-Activity Questionnaire. You will not be permitted to use the Club until you have completed the waiver.

(b) Evolve Health Club reserves the right to restrict, suspend or terminate your membership if, on the basis of your Pre-Activity Questionnaire responses, Evolve Health Club is of the reasonable opinion that you are unfit to utilise the Club outside of staffed hours. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Evolve Health Club with a medical certificate confirming that you are fit to train.

10. Video and Audio Surveillance

(a) Evolve Health Club uses security cameras to ensure the safety of all Members and staff. Video and audio surveillance is limited to the floor area only and is not within the walls of the bathrooms or assessment rooms.

(b) By accepting this Agreement, you acknowledge that by accessing Evolve Health Club, you will be subject to video and audio surveillance and recording. Evolve Health Club will ensure that all recordings are secured in accordance with the Privacy Policy and Privacy Act, and destroyed or de-identified when no longer required.

11. Personal Information

(a) By using the Evolve Health Club website, completing any Membership Agreement documentation, personal trainer forms or competition entry forms, you have agreed to the Evolve Health Club  Fitness Privacy Policy.

(b) Evolve Health Club may store your image and other personal information in their Customer Relationship Management (CRM) database in accordance with the terms of the Privacy Policy and Privacy Act.

(c) You hereby consent to the sharing and storage of any personal information stored in the CRM database. That member must store any information in accordance with the terms of the Privacy Policy and Privacy Act.

(d) You hereby acknowledge that your personal information may be used for marketing purposes by Evolve Health Club at all times in accordance with the Spam Act 2003 (Cth) and the Privacy Act.

12. Promotion and Media

(a) You consent to the free and unrestricted use of your photograph, image, audio recording, video recording and likeness in all forms and manner (“Image”) to be used for advertising, media publicity, publication, general display or for any other purposes in whole or in part, including but not limited to publication on social media, websites, broadcasts and any publications released by Evolve Health Club.

(b) You acknowledge and consent to your Image being captured at any location, event, activity, or Club which is associated with Evolve Health Club.

(c) You acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from Evolve Health Club in respect of the use of the Image.

(d) You acknowledge and agree that, to the extent permitted by law, Evolve Health Club is the sole legal and beneficial owner of all intellectual property rights in and attaching to the Image.

(e) You acknowledge and agree that Evolve Health Club may assign or transfer the benefit of the consent given under this clause 12 to any person.

(f) In addition to clause 12(d), you consent to the use of your Image by any member of Evolve Health Club.

(g) Evolve Health Club and any member who is a recipient will store and manage your Image and any related content in accordance with the terms of the Privacy Policy and Privacy Act.

13. Access, Safety and Security

(a) Members may access Evolve Health Club using their Access Pass or Phone App. You acknowledge and agree that:

(i) you must not provide your Access Pass or Phone App to any other person;

(ii) if your Access Pass is stolen, you must notify Evolve Health Club immediately.

(iii) Evolve Health Club is not responsible for any loss, inconvenience or missed group sessions caused by Access Pass outages or technical faults; and

(iv) if the Access Pass or Phone App is not functional for any reason, you must not request or allow another Member to grant you access to a Club until it has been fixed.

(b) You acknowledge that the granting of access to non-members (including by tailgating or voluntarily opening the Club doors for non-members) poses a security risk to you, other Members and staff, and is strictly prohibited.

(c) You must immediately report any suspicious behaviour, safety hazards or other security concerns to Evolve Health Club as soon as reasonably practicable.

(d) You hereby acknowledge and agree that utilising Evolve Health Club outside of Staffed Hours poses an inherent security risk. While Evolve Health Club will endeavour to maintain a safe and clean environment outside of Staffed Hours, we cannot guarantee your safety. Outside of Staffed Hours, you agree to:

(i) keep mobile phones close and ensure you know the location of the nearest telephone in case of emergency;

(ii) use equipment responsibly and avoid high-risk exercises when alone;

(iii) familiarise yourself with emergency exits, alarms and safety devices;

(iv) wear and use mobile duress pendants when necessary;

(v) in the event of an emergency, follow posted instructions and vacate the facility immediately; and

(vi) monitor your surroundings in and around the Club.

14. Equipment

(a) You understand and acknowledge that Evolve Health Club may purchase or lease any equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

(b) You understand and acknowledge that Evolve Health Club is providing recreational services and may not be held liable for defective products or equipment.

(c) Evolve Health Club and/or an available staff member must be notified immediately upon damage or apparent defect of any equipment.

15. Liability for Property

(a) Evolve Health Club 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 a locker.

(b) Lockers are for temporary use only, and any property left in a locker for more than 24 hours will be removed by staff. Evolve Health Club is not responsible for any property removed from a locker, and will not be liable for any property that is damaged, lost or stolen.

(c) If you indirectly or directly cause damage to the Club or any equipment, you are liable to Evolve Health Club for its cost of repair or replacement.

16. Release and Indemnity

(a) You acknowledge and accept that while on the premises of Evolve Health Club and while undertaking exercise and using the equipment during staffed or unstaffed hours, you are at risk of sustaining injury, permanent disability or death. You further acknowledge and agree that while every attempt is made to ensure that our site is safe, there are some significant and inherent risks involved in your use of Evolve Health Club. You assume all such risks, and agree that you are attending and using the site voluntarily and entirely at your own risk.

(b) To the extent permitted by law, you hereby release and hold harmless Evolve Health Club and any related entities, as well as their officers and staff from any expenses, costs, liabilities, claims, actions, proceedings, demands, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss or damage and damages for injury, including personal injury and death (“Losses”) incurred or suffered by you and which arise out of, are caused by, are attributable to or result from your participation in any activity and/or use of any equipment in Evolve Health Club or outside of the premises.

(d) Evolve Health Club accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission, access to, or the use of Evolve Health Clubs’ website, or applications or any information contained therein (including, for the avoidance of doubt, any viruses, malicious computer code or other forms of interference which damage your computer system or mobile phone).

(e) To the extent permitted by law, you indemnify Evolve Health Club and any related entities, as well as their officers and staff against any Losses incurred or suffered by any of them which arise out of, are caused by, are attributable to or result from any breach of this agreement, breach of any warranty or any wrongful or negligent act or omission by you.

(f) This clause is intended to survive termination of any Membership Agreement or otherwise grant of access to any Evolve Health Club site.

17. Your Right to Terminate Your Membership

(a) You may terminate your membership at any time on the following basis: You provide a request for termination of your membership in writing to Evolve Health Club giving 14 days notice:

A. in relation to DD Memberships:

1. you may terminate your membership at any time;

2. you must provide Evolve Health Club with Written Notice of termination with Evolve Health Club processing your termination as follows:

(a) Written Notices received before 5pm on a Business Day will be actioned that Business Day;

(b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and

3. the Member will not incur any financial obligations under this Agreement following the 14 days notification period. The Member has a right to continue attending the Club until the Member’s pre-paid period expires.

B. in relation to PIA Members:

1. you may not terminate the membership during the prepaid period (or get a refund).

2. if you do not renew your PIA Membership by the renewal date as specified in your Membership Agreement, your membership will automatically expire.

18. Evolve Health Clubs’ Right to Restrict or Terminate Your Membership

(a) Evolve Health Club may restrict your membership at any time on the following basis:

(i) concern for the health and/or safety of the Member; or

(ii) non-compliance, improper or harmful conduct engaged in by the Member.

(b) Evolve Health Club may terminate your membership at any time on the following basis:

(i) you fail to make any payments of your Membership Fees;

(ii) Evolve Health Club reasonably suspects that you are engaging in illegal activity in the club.

(iii) you fail to follow any of the Policies or Club Rules, or violate any part of your Membership Agreement or this Agreement or any agreement for use of Evolve Health Club; or

(iv) your conduct is improper or harmful to the best interest of Evolve Health Club Members.

(c) If Evolve Health Club terminates your membership in accordance with clause 18(b), termination will be effective on the date that Evolve Health Club sends Written Notice. You are liable for all financial obligations until that date. If you hold a PIA Membership, Evolve Health Club will not refund any unused portion of your fees.

(d) Upon termination of your membership by Evolve Health Club you will cease to have access to the Club. Any money owing to Evolve Health Club when your membership ends remain immediately due and payable and Evolve Health Club will deduct the amount outstanding from any refund to which you may be eligible. If there is not enough money to cover the amount owing to Evolve Health Club, you must pay the balance of the amount owing.

(e) Upon termination of your membership by your election, you may continue to use the Club for any period for which you have paid in advance in accordance with a PIA Membership. You will cease to have access to the Club once any period you have paid in advance expires.

(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement before such termination or expiration.

19. Termination and Unauthorised Cessation of Direct Debit

If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, you will be liable to Evolve Health Club for any unpaid fees or fees incurred by Evolve Health Club in connection with the termination.

20. Assignment

Evolve Health Club may assign or novate its rights under this Agreement at any time without prior consent.

21. Risk Warning

(a) Evolve Health Club warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury, including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i) slipping on wet flooring;

(ii) being struck by weights;

(iii) colliding with equipment, or other Members;

(iv) engaging in strenuous exercise and activities; or

(v) incorrect use of the equipment or the Club.

(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

(c) You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and other unknown or anticipated risks may result in injury, illness, or death.

(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Evolve Health Club are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

22. Risk Warning – Use of Sauna

(a) I understand that using the sauna involves exposure to extreme temperatures and carries risks including but not limited to: burns, dehydration, dizziness, fainting, cold shock, slips/falls, or aggravation of pre-existing health conditions.

(b) I acknowledge that I have consulted with a physician before using the infrared sauna, especially if I have any of the following conditions:

- Cardiovascular issues (e.g., high or low blood pressure, heart disease)

- Respiratory conditions

- Diabetes or other metabolic disorders

- Pregnancy or breastfeeding

- Sensitivity to heat or a history of heat-related illnesses

- Recent surgeries, skin conditions, or metal implants

- Use of medications that may affect heart rate, blood pressure, or body temperature regulation

(c) I confirm that I have no known medical conditions that would prevent me from safely using the infrared sauna.

(d) I agree to use the sauna responsibly and follow all safety instructions provided by

Evolve Health Club.

(e) I confirm that I have disclosed all relevant medical information and am in adequate

physical condition to safely participate.

(f) I understand that this is a non-supervised facility, and staff may not be present during

my use.

(g) I agree not to use the sauna under the influence of drugs or alcohol.

(h) I agree to stay hydrated and to immediately exit the sauna if I feel dizzy, lightheaded, or otherwise unwell.

(i) I acknowledge that I am voluntarily using the Sauna and assume full responsibility for my own health and safety and Evolve Health Club are not responsible for any injuries, health complications, or adverse effects that may occur as a result of my use of the infrared sauna.

(j) I release, indemnify, and hold harmless the property owner, operators, and any associated staff or agents from all claims, damages, or liability resulting from personal injury, property damage, illness, or death arising from my use of the sauna. Evolve Health Club are not responsible for any injuries, health complications, or adverse effects that may occur as a result of my use of the infrared sauna.

(k) I will treat the facilities and surroundings with care and will not enter the sauna wet from the shower.

23. Approved Group Training

(a) Evolve Health Club reserves the right to decrease the number of Approved Group Training fitness sessions at any time without notice.

(b) You must book your Approved Group Training session in advance.

(c) If you cancel any Approved Group Training session within four hours of its scheduled start time, you will forfeit the session and not receive a refund.