Terms and Agreement
Introduction
- By becoming a member of an Evolve Strength fitness facility you agree to abide by the terms and conditions of this agreement (the "Agreement"). You acknowledge that at the time you signed up you were provided access to this Agreement and were given time to review it. A copy of this Agreement will be emailed to you.
- You have agreed to become a member of the Evolve Strength facility located at [•]
- Depending on the type of membership that you have signed up for, your membership may give you access to other Evolve Strength facilities ("each a Facility").
- In the event you frequent another Facility, your membership may be transferred to that Facility.
- In this Agreement,
- "Operator" means the operator of the Facility to which you are a member.
- “Evolve” means the Evolve Strength brand, system, and network, and includes the entity that owns or operates the Facility you are using, together with any of its present or future parents, subsidiaries, affiliates, franchisees, licensees, successors, assigns, and their respective owners, directors, officers, employees, contractors, and agents. This definition is intended to be inclusive and shall apply to all entities and persons within the Evolve brand or system, whether existing at the time this Agreement is executed or formed, acquired, or affiliated at any time in the future, directly or indirectly.
- You acknowledge that the terms and conditions set out in this Agreement constitute a binding agreement between you and Evolve.
- Depending on the type of membership, this Agreement permits the Operator to automatically charge your bank account or credit card for amounts due. This is detailed below in the section entitled "Fees and Payment".
Access Privilege and Operational Authority
- Access to Evolve is a privilege, not a right.
- Evolve reserves the right, at its sole discretion, to refuse entry to, remove, suspend, or terminate the membership of any individual whose behavior is unsafe, disruptive, threatening, inconsistent with Facility standards, or otherwise detrimental to the member experience or business operations.
- Such action may be taken without prior notice and may result in termination of membership without refund where permitted by law. Access decisions made by Evolve are final.
- Evolve reserves the right to restrict or prohibit any conduct that it determines may negatively impact the safety, experience, reputation, or operations of the Facility.
Physician
- Evolve strongly encourages you to consult with your physician prior to engaging in any type of physical activity or exercise within any Facility and to consult with your physician on an ongoing basis with respect to such physical activity and exercise. Evolve will have no liability to you in the event you: (i) do not consult with your physician as described, (ii) you fail to follow your physician's recommendations, or (iii) your physician fails to uncover any medical condition that you may have which may pose any type of medical risk in connection with your physical activity and exercise.
Facility Use Policy
- The facility use policy (the "Facility Use Policy") sets out certain rules of conduct that must be followed by each member that uses a Facility. The Facility Use Policy can be found at the reception of each Facility. The Facility Use Policy is intended to help ensure that each Facility operates in a safe manner and in a manner that is satisfactory to members. You agree to comply with the Facility Use Policy of each Facility you are using. If you fail to comply with the Facility Use Policy, then your entitlements may be affected, including your membership may be terminated. The Facility Use Policy may be amended from time to time and you agree to comply with the same as amended following such amendment.
Unauthorized Commercial Activity
- Members may not operate a business, provide training, coaching, instruction, therapy, or any other services within the Facility without prior written authorization from Evolve, whether compensation is exchanged or not.
- Repeatedly directing another member’s workouts, providing structured programming, or otherwise acting in a professional coaching capacity may be treated as personal training at Evolve’s sole discretion.
- Engaging in unauthorized commercial activity constitutes a fundamental breach of this Agreement and may result in immediate termination of membership without refund.
Children
- Children under the age of 14 are not permitted to use the training floor with a parent or guardian. Children under the age of 14 are limited exclusively to sessions conducted by approved Evolve professionals where offered. Evolve reserves the right to deny entry to minors at its sole discretion.
Membership
- There are a number of membership types which may include drop in visits, punch passes, and term memberships.
- Memberships are personal, non transferable, and may not be shared, assigned, or used by another individual.
Membership Information
- As part of the membership process you are required to provide certain information. You agree to (a) provide true, accurate, current and complete information about yourself as requested, and (b) promptly update this information as required to keep it true, accurate, current and complete.
- For safety and security purposes, the Facility may utilize video surveillance in common areas. By entering the Facility, you consent to such recording.
Entitlements
- Membership entitles you to:
- Membership entitles you to use designated training areas and equipment during operating hours.
- Additional services, amenities, or specialized areas may require separate fees.
Changes
- The Operator reserves the right to make changes at any time to equipment, services, amenities, hours of operation, and facility layout.
- Group fitness timetables may be changed at any time by the relevant provider.
- Equipment may be temporarily unavailable due to maintenance, repair, or replacement.
- Evolve shall not be liable for interruptions in services, temporary closures, reduced hours, or unavailable equipment caused by events beyond its reasonable control, including public health orders, natural disasters, utility failures, labor shortages, or emergencies. Refunds will not be issued unless required by law.
Independent Service Providers
- Each Facility may permit independent service providers to provide services at or through the Facility. Generally, all services, other than those necessary for the general operation of the Facility, are provided by independent service providers. The services of the independent service providers may include group fitness training, group exercise training, personal fitness training, personal exercise training, massage therapy, physiotherapy and acupuncture. While Evolve does minimally review the services of each independent service provider to ensure that they are the type of services that are appropriate for the Facility, Evolve does not, in any way, assess, review, verify or investigate the qualifications, competence or skills of the independent service provider nor the quality, safety or effectiveness of their services. You may use the services of the independent service providers solely at your own risk. Evolve will have no liability or obligation to you in connection with any of the services of any independent service provider, including, without limitation, any services of an independent service provider that results in injury or death. All services of an independent service provider are provided to you pursuant to a separate agreement between you and the independent service provider.
Fees and Payment
- The fees payable for your membership are set out at the reception of the Facility. Other amounts may be charged to your account as you may incur them through your use of the Facility and its related services and through your purchase of products from the Facility.
- You agree to pay the Operator all fees and other amounts when due, irrespective of the amount of use you make of the Facility.
- The Operator may at any time, increase the membership fees. If you are part way through a term membership, such as an annual membership, the increase in fees will only apply to you at the end of the minimum commitment.
- All amounts are due when invoiced. Your account will generally be invoiced at the same time each month. A prepaid membership, such as a prepaid annual membership, will be charged prior to the start of the membership.
- Your membership requires you to:
- Pay all amounts when due;
- Ensure sufficient funds are available to cover all amounts due; and
- Advise in advance if your bank account or credit card is closed or changed.
- You are obligated to pay all amounts owing or falling due under this Agreement. We will not reduce, discount or cancel your payment obligations because you do not use any of the Facilities or use them minimally.
- You are required to arrange for payments to be made directly from your bank account or payment to be made directly on your credit card for all billings starting from the date of commencement until all payments to be made hereunder have been made. You hereby authorize the Operator to charge all amounts when due in connection with your membership to such bank account or credit card, whether such charges are to be made on an automatic or manual basis or on a one-time or periodic basis. Should there be any arrears in payments, you hereby authorize the Operator to charge such arrears to your bank account or credit card, without notice, in order to bring your account up to date. You hereby authorize the Operator to present transactions for payment against your bank account or credit card as described herein. You hereby agree that the Operator's treatment of each such payment and its rights to it shall be the same as if each were personally signed and authorized by you on each occasion.
- If any bank account or credit card payment is denied, reverses or is returned by your financial institution the Operator will be entitled to charge a $45 administrative service fee for each such denial, reversal or return. We will attempt to contact you prior to reattempting the transaction. If the amount remains outstanding it will be processed again following our attempt to contact you regarding the denial, reversal or return. You will be charged any fees charged by the financial institution as well as the Operator's administrative service fee.
- In the event of any arrears in any payment or in the event any credit card or direct debit is denied, reverses or is returned by your financial institution and you fail to remedy the default following notification from the Operator, you authorize the Operator to notify any debt collection/credit reporting agency of the default.
- All your entitlements and your access to the Facilities will be revoked if your account is in arrears.
- All government taxes are in addition to and will be automatically added to all payments.
Freezes and Cancellation
- A term membership of a year or longer may be put on hold for up to 180 days in a calendar year and a term membership shorter than a year may be put on hold for up to 60 days in a calendar year. You may freeze your account only once in a calendar year and a freeze may not be shorter than 14 days. You must follow and complete the published procedure to freeze your membership no less than 7 business days prior to the start of the freeze date. The freeze request must state both the freeze start date and reactivation date. If you do not provide sufficient notice, a timely stop to billing cannot be guaranteed. Provided sufficient notice is given, you will not be billed for your membership during the duration of the freeze. Billing will resume automatically at the end of the freeze. For greater certainty, the term of your membership will be extended by the length of each freeze.
- Placing a membership on freeze does not pause, reduce, or eliminate any minimum commitment period. The membership term will be extended by the length of the freeze, and all remaining payments must be fulfilled following reactivation unless otherwise required.
- Cancelling a Frozen Membership: A membership that is on freeze or hold is not eligible for cancellation. Cancellation requests submitted during a freeze period will not be processed and will only become effective once the membership has been reactivated and returned to active billing status.
- Cancelling a Month-to-Month Membership: Memberships may be cancelled at any time after the first thirty (30) days by submitting written notice to the club’s designated email address and completing the required cancellation procedure. A minimum of thirty (30) days notice is required. All payments due within the notice period remain payable. If proper notice is not provided before the next billing date, the upcoming payment will be processed and the cancellation will take effect at the end of that billing cycle.
- Cancelling Other Term Memberships: To cancel a fixed term membership, you must complete the published cancellation procedure and pay the applicable cancellation fee. The cancellation fee for annual memberships is $200. Upon payment of the cancellation fee, the membership will be cancelled immediately and no future billing will occur. Memberships paid in full are nonrefundable.
- Cancelling for Permanent Sickness or Permanent Physical Incapacity: If you wish to cancel a term membership due to permanent sickness or permanent physical incapacity, you are required to provide to the Operator with all of the following:
- A written request for termination advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilizing any of the services or equipment at the Facility; and
- A medical certificate stating that you cannot utilize any of the services or equipment at the Facility because of your permanent illness or permanent physical incapacity.
- Cancellation by Evolve: Evolve reserves the right to terminate your membership on the occurrence of any of the following:
- Any failure to fully comply with the terms and conditions of this Agreement;
- Any failure to pay any amount when due, and such failure is not cured within 5 days of notice of the overdue amount;
- Any failure to fully comply with the Facilities Use Policy;
- Any failure to fully comply with the other rules of a Facility; and
- Any complaint by any other member of a Facility or an employee (or contractor) of the Facility, and the Operator determines, in its sole discretion, that such complaint is valid and warrants termination of your membership.
- Upon such termination by Evolve, you are required to pay the remaining balance of your membership fees to the end of the current term of your membership, in full, as well as all amounts that are outstanding.
Property Damage
- You are financially responsible for any damage to Facility property caused by negligent, reckless, or intentional conduct.
Disclaimer of Liability, Limitation of Liability and Warranty Disclaimer
- Warranty Disclaimer: THE FACILITIES, ALL OF THEIR EQUIPMENT AND THEIR SERVICES ARE PROVIDED "AS IS" AND ARE USED BY YOU AT YOUR SOLE RISK. EVOLVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE FACILITIES, THEIR EQUIPMENT AND SERVICES, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, CUSTOM OR TRADE USAGE AND THOSE WHICH MAY BE IMPLIED BY STATUTE.
- Disclaimer of Liability: UNDER NO CIRCUMSTANCES SHALL EVOLVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY INJURY INCURRED OR SUFFERED BY YOU WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE FACILITIES OR ANY OF THEIR EQUIPMENT OR THE RECEIPT OF ANY SERVICES PROVIDED WHETHER OR NOT EVOLVE WAS TOLD OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR INJURY.
- Limitations of Liability: IN ALL CIRCUMSTANCES, EVOLVE'S TOTAL AGGREGATE LIABILITY TO YOU, HOWEVER ARISING, SHALL BE LIMITED TO THE FEES THAT YOU HAVE ACTUALLY PAID TO EVOLVE. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Email Notices
- Any notice, direction or other communication given to you regarding the matters contemplated by this Agreement may be given at the email address you provided during the registration process or if you should replace that email address within our systems, to the replacement email address.
- A notice is deemed to be given and received by you on the sending of the email. You will be deemed to have received the email even if it is undelivered. If your email address changes, you are responsible for updating your email address in your account. Further, you are responsible to ensure that your email account and email address are functioning at all times. You will bear all risks for failure to comply with the foregoing.
Changes to this Agreement
- Evolve may amend this Agreement at any time. The amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement. Evolve will provide notice to you of the amended Agreement. The amended Agreement will automatically be effective 30 days following such notice. Your use of any Facility following such notice period mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms or conditions in the amended Agreement then you agree to immediately cease all use of the Facilities and to immediately cancel your membership, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Agreement. If you immediately cancel your membership on notice of the amendment, you will not be liable for any future membership fees following such cancellation. This Agreement may not be amended other than as described in Section 55.
Other Provisions
- Interpretation: In this Agreement unless the contrary intention appears: (i) the singular includes the plural and vice versa; and (ii) a reference to a party includes that party’s legal personal representative heirs and assigns.
- Changes to Agreement: Any changes may only be made pursuant to Section 53 above or pursuant to a written agreement, signed by the parties.
- Severability of provisions: The provisions of this Agreement are severable. If a Court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose at any time not to enforce a particular provision, we will still have the right to later enforce such provision.
- Entire Agreement: There are no promises, representations, understandings or agreements between the parties relating to the subject matter of this Agreement other than as set out in this Agreement and this Agreement cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
- Governing Law: This Agreement is governed by the laws of the province in which the Facility to which you are a member is located and the laws of Canada applicable therein.
