TERMS OF SERVICE

Evolve Fitness Center Website Terms and Conditions

Introduction

This website (Website) is operated by Evolve Fitness Center ABN 44 225 335 003 (Evolve Fitness center). By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms & conditions, please don’t use or access this Website. Evolve Fitness center may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

Your Physical Condition

You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

Each time you use this Website, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Website until you have sought appropriate medical guidance and been given the go-ahead.

You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way. You must not use the Website if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

Evolve Fitness center and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Website, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.

Eligibility

For safety and security reasons you must be at least 18 years old to register for this Website. However, if you are 14 – 17 years of age, and both you and your parent or guardian agree to the Special Conditions for 14 -17 Year Olds (which are for your protection and may be found at www.evolveftc.com), you may register. Your account may be immediately cancelled if you break one of the Special Conditions for 14 -17 Year Olds.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your account, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.

Your Use of This Website

You must not:

use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;

disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website; or

restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.

You acknowledge and agree that your account registration nor your acceptance of these terms & conditions provides you with access to products and services provided at or through any physical Evolve Fitness center located worldwide.

Fees and Payment

There are no fees to access the free portion of the Website.

Privacy

All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by Evolve Fitness center according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to Evolve Fitness center dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.

Your personal information may be: transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia; and disclosed to and used by Evolve Fitness center, including overseas clubs, for the purpose of providing services to you. You consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to clubs inside and outside Australia. You can access our privacy policy at www. evolveftc.com/privacy.

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

You understand that photos, films, videos or audio recordings may be taken of subscribers for promotional purposes. Your permission will first be obtained if this is done. By registering your account, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or our affiliates and you assign your rights in any of these materials to Evolve Fitness center.

Intellectual Property Rights

Evolve Fitness center and its licensors own the intellectual property rights (including copyright and trade marks) in respect of this Website and its contents. You must not copy, modify, transmit or adapt this Website or its contents or otherwise infringe the intellectual property rights of Evolve Fitness center or its licensors without Evolve Fitness center prior written consent.

If you post any content on this Website, you grant Evolve Fitness center a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on this Website and that it does not infringe any third party’s intellectual property rights.

Links

This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of Evolve Fitness center. Evolve Fitness center is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

Cookies

During your use of this Website, Evolve Fitness center may issue and request cookies to and from your computer or mobile device. By using this Website you authorise Evolve Fitness center to issue and request such cookies.

Warranties and Limitations

To the extent permitted by law:

all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. Evolve Fitness center does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;

Evolve Fitness center does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;

Evolve Fitness center does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;

Evolve Fitness center does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and this Website and its contents are provided on an “as is” basis without any warranties of any kind. Evolve Fitness center may change this Website or limit or terminate your access to this Website at any time without notice.

Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If Evolve Fitness center breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if Evolve Fitness center is allowed to limit its liability for that breach under the relevant law, Evolve Fitness center’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Evolve Fitness center’s option).

Evolve Fitness center makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Limitation of Liability

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Evolve Fitness center and its affiliates (including but not limited to Evolve Fitness center) will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold Evolve Fitness center and its affiliated companies (including but not limited to Evolve Fitness center) harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

Inconsistency

In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.

Force Majeure

Evolve Fitness center, Evolve Fitness center and their affiliates will not be responsible for any delay in preforming their obligations under these terms & conditions due to causes beyond their reasonable control.

Termination

You may terminate your free account at any time.

Applicable Law

By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

Marketing Permission Terms

By signing your Membership Agreement, you agree to accept these Marketing Permission Terms (‘Terms’), and give your unconditional permission and authority for Evolve Fitness center ABN 44 225 335 003 (Evolve Fitness center) (along with its affiliates, and their respective officers, directors, owners, employees and representatives), except where prohibited by law, to use your name, likeness, picture, voice, biographical information, and written or oral statements, acquired whilst you are participating in Evolve Fitness center activities for marketing, advertising and all related purposes in promoting or publicising the ‘Evolve Fitness center Australia’ brand, and the systems connected therewith, and/or any other legitimate purposes of Evolve Fitness center activities, without compensation, unless required by law. You agree that you shall have no right of approval, no claim to compensation, and no claim arising out of any use or alteration of such materials.

As part of our strong and growing brand presence, we love to celebrate our members and guests and highlight their accomplishment via channels such as social media, our website, newsletters, and other sources. By entering Evolve Fitness center Australia and participating in the activities, you are granting Evolve Fitness center Australia the irrevocable right and permission to photograph and/or record you in connection to your participation at Evolve Fitness center Australia and to use the photograph and/or recording and the name, likeness, voice, and appearance of yourself captured therein for promotional purposes. Evolve Fitness center Australia will collect, use, disclose, store, secure and dispose your Personal Information in accordance with the Privacy Act 1988 (Cth).

You agree to waive the right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind. This release and the above consents are intended to be as broad and inclusive as permitted by applicable law. If any portion of the release from liability or the consents is deemed by a court of competent jurisdiction to be invalid, then the remainder of these Terms shall remain in full force and effect and the offending provision(s) severed here from. These Terms apply to any person acting for you, on your behalf or acquiring rights through you which shall include but not remain limited to your heirs, assigns, personal representatives, and any other next of kin. You understand that Evolve Fitness center Australia is relying on your acceptance of these Terms by signing your Membership Agreement, that you agree to allow your participation in the Evolve Fitness center Australia activities.

These terms and conditions were last updated in September 2023.

“Try Us for Free*” and “7 Day Free Trial” And “10 Day Free Trial” And “14 Day Free Trial”

These offers are available at participating clubs only. Try us for free is valid up to a maximum of 7 consecutive days, unless otherwise stated in writing by the participating club.

Offer valid for first time guests who are local residents or workers 18 years & older only, (photo ID required). Offer subject to satisfactory completion of pre-exercise screening & to standard temporary/guest membership terms. Not valid with any other offers. Not redeemable for cash. Not transferrable. Only valid at participating clubs. Limit 1 offer per person. Where the trial pass permits use outside staffed hours, a refundable deposit may be payable for an access card. Further provisions may apply. Contact the participating club for details.

No cash value; may not be sold. Not valid with any other offer. Personal information of guests will be managed in accordance with the Evolve Fitness center Privacy Statement.

Recommended Pricing Of An Individual 12 Month Membership

Initial Joining Fee:
Metropolitan Clubs $99.00

Access Card Fee:
Metropolitan Clubs $89.00

12 Month Agreement:
$24.95 per week ($108.12 per month)

Total Annual Cost (Recommended):
$1,297.40

These prices are recommended only for a 12 month agreement. Each club sets its own pricing so prices will vary. Usual membership terms and conditions apply. Ask your local club for details of its scheduled offers, pricing and other terms.

Evolve Fitness Center Referral Program Terms and Conditions

Overview

The Evolve Fitness Center Referral Program (‘Program’) is designed to reward existing members (‘Referrers’) for introducing new members (‘Referred Members’) to Evolve Fitness center. Participation in the Program is subject to the following Terms and Conditions

Eligibility

All Evolve Fitness center members are eligible to participate as Referrers. Referred Members must be new members, without a current or previous membership at any Evolve Fitness center location. Employees of Evolve Fitness center and their immediate family members are excluded from participation.

Referral Rewards

The standard referral reward is 2 weeks of free membership for both the Referrer and the Referred Member. Promotional periods may offer extended rewards (e.g., 4 weeks free), subject to promotional terms. All rewards are credited to the respective member’s account and commence immediately upon the Referred Member signing their Membership Agreement.

Program Variations

Evolve Fitness center may vary the reward structure during special promotional events.

Claiming Rewards

Rewards are automatically allocated but must be claimed within 30 days of the Referred Member’s sign-up. Rewards cannot be combined with any other offers or discounts and are not redeemable for cash.

Referral Limits

There is no limit to the number of Referred Members a Referrer can introduce. Each successful referral will result in the award of the specified reward.

Program Modification and Termination

Evolve Fitness center reserves the right to modify any of the terms or terminate the Program at any time, at its sole discretion, without liability. Notice of any changes will be provided to participants in a reasonable manner.

Data Protection

Participation in the Program may involve the sharing of personal information between Referrers, Referred Members, and Evolve Fitness Center Clubs.

Such information will be processed in accordance with Evolve Fitness center’s Privacy Policy (https://www. evolveftc.com/privacy/).

Disclaimer of Liability

Evolve Fitness center disclaims all liability for any loss or damage arising out of or in connection with the Program, to the fullest extent permissible by law.

Agreement to Terms

Participation in the Program constitutes full and unconditional agreement to these Terms and Conditions and Evolve Fitness center’s decisions, which are final and binding in all matters related to the Program.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the participating Evolve Fitness center club is located.

Accessibility Terms & Conditions

We are excited to help you on your fitness journey. However, it’s important to note that while we strive to provide access to a wide range of fitness options, not every fitness Centre can accommodate individual needs and requirements.

Please be aware that the availability of specific equipment, services and features may vary from one Evolve Fitness center centre to another. We are committed to ensuring that our members have a positive and customised fitness experience, but the level of accommodation may differ based on location and space constraints.

If you have specific requirements, preferences or questions about the services offered at your local Evolve Fitness center centre, we encourage you to contact your nearest facility directly. Our staff members are happy to assist you and provide detailed information about the amenities and services available at your chosen location.

Thank you for considering Evolve Fitness center as your fitness partner, and we look forward to assisting you in your pursuit of a healthier lifestyle.

Corporate Membership Terms & Conditions

Eligibility and Registration 

All Corporate Members must provide valid proof of their employment with the Partner Company at the time of collecting the Fob (Access) key. Valid proof of employment includes a recent payslip, a company ID card, volunteer ID or employment letter. 

Corporate Members are limited to staff members of the Partner Company only. Family and friends of Corporate Members are not eligible for corporate membership. 

Only Corporate Members aged 18 years and older are eligible for corporate membership.   

Existing Evolve Fitness center members must complete their current membership term before becoming eligible for a Corporate Membership. They will need to sign up for a new Corporate Membership to be eligible for the corporate discount to be applied.  

Corporate Memberships can only be applied for online and the Fob (Access) key must be collected in person by the Corporate Member at the Participating Club that the Corporate Member signs up to. When the Fob (Access) key is collected, evidence of employment must be provided by the Corporate Member to verify their employment with the Partner Company (e.g., a copy of the Corporate Member’s payslip and relevant identification must be provided).   

Memberships purchased using corporate discount codes without the required eligibility may result in cancellation of the membership bought. Any fees paid upfront are non-refundable.

Corporate Membership Duration and Renewal 

Corporate Memberships are for a fixed term of twelve (12) months and will automatically expire upon completion. Eligible individuals will then need to sign a new Corporate Membership contract and provide proof that they are still employed by the Partner Company to be eligible for a new Corporate Membership. A new Fob (Access) key will also need to be purchased as these are non-transferable to new Corporate Memberships. 

Fees and Payment  

The total annual cost per twelve (12) month Corporate Membership and Access Key includes: Gold Membership: $1126.92, Silver Membership $1256.66. Full rate membership with no discount $1386.40. 

All Corporate Membership discounts are based on a Recommended Retail Price of $24.95 

Corporate Membership offers cannot be used in conjunction with any other offer.   

All Corporate Membership amounts set out above are inclusive of GST. 

 Transfers 

Corporate Memberships, like standard memberships, may transfer between Evolve Fitness center clubs. In the event of a transfer to another Evolve Fitness center club that offers Corporate Memberships, membership prices will remain the same. 

If the Corporate Membership transfers to an Evolve Fitness center club that does not offer Corporate Memberships, the standard membership terms and conditions regarding membership transfers will apply and the membership prices may vary. 

Cancellation and Refunds 

Corporate Members may cancel their Corporate Membership by following their Evolve Fitness Center Club’s cancellation process. Refunds for prepaid memberships will be subject to the terms and conditions set out in the Membership Agreement.  

Usage 

Corporate Members must comply with all Club Rules of all Evolve Fitness Center Clubs whether participating or not. Failure to comply with all Club Rules may result membership suspension/ban or termination. 

Guest Policy 

Corporate Memberships are for individual Corporate Members only and Corporate Members are not permitted to bring any guests with them.

Health and Safety 

Corporate Members must complete necessary pre-screening exercise questionnaires (where applicable) to ensure they are in good health and capable of participating in physical activities and capable to use the Club facilities and services.

Liability Waiver 

For the purpose of the Civil Liability Act 2002 (NSW) and section 139 of the Competition and Consumer Act 2010 (Cth) and any other applicable civil liability legislation, the Corporate Member acknowledges that use of the Clubs’s facilities and Services may constitute ‘recreational services’ and/or is dangerous and that there is a significant and obvious risk to the Corporate Members health and safety in participating in the Club’s facilities and services.   

The Corporate Member acknowledges, agrees, and understands that the risk warning in the preceding paragraph constitutes a ‘risk warning’ for the purposes of relevant legislation including for the purpose of section 5M of the Civil Liability Act 2002 (NSW). 

The Corporate Member acknowledges, agrees and understands that, to the full extent permitted by law (including by section 139A of the Competition and Consumer Act 2010 (Cth), and section 5N of the Civil Liability Act 2002 (NSW)), that any liability from the Evolve Fitness center Club that the Corporate Member visits is released from all liability for a failure to comply with any express or implied warranty or guarantee that the facilities and services will be provided with reasonable care and skill, save for any death or injury arising as a result of the Evolve Fitness center Club’s reckless conduct.

Severability of Terms  

If anything in these Terms and Conditions is deemed unenforceable, the remainder of the Terms and Conditions shall remain in effect.  

Definitions

In these Terms and Conditions: 

Evolve Fitness Center Clubs means any Evolve Fitness Center Club in Carringbah in NSW in Australia.

Corporate Member means an employee of a Partner Company who is eligible for a Corporate Membership at Participating Evolve Fitness Center Clubs, and aged 18 years and older.

Facilities and Services means any and all use of the facilities and services including (without limitation) fitness training including strength and conditioning, cardio training, functional training, stretching and other general physical activity.

Partner Company means an organisation that has registered with Evolve Fitness center Australia to offer its employees a Corporate Membership as part of the Evolve Fitness center Corporate Membership Program.

Standard Membership means a standard membership agreement with Evolve Fitness center Clubs that is excluded from the Evolve Fitness center Corporate Membership Program.

3-5-7 Day Trial

Introduction 

This following terms and conditions (‘Terms’) govern the ‘3, 5 or 7 Day Free Trial’ offer promoted at Evolve Fitness Center Participating Clubs (‘Offer’). The purpose of this Offer is to provide individuals, who have never been an Evolve Fitness center member (Guest), access to a Participating Club, on a trial basis, for a 3-day, 5-day, or 7-day consecutive period (Trial Period).  

Eligibility  

This Offer is available to Guests who reside or work within a 15 km radius of a Participating Club and are not a current member of any Evolve Fitness Center Club.  

Guests must be a minimum of 14 years old at the time of completing the Evolve Fitness Center Guest Profile form to claim this Offer. To claim this Offer, Guests must:

provide photo identification to confirm their identity and residential address;

provide verification of their work address (if applicable);

complete the Adult Pre-Exercise Screening form; and

complete the Evolve Fitness Center Guest Profile form.

In addition to the general eligibility requirements, Guests between 14-17 years old must also:  

have consent from their parent or guardian; and

can only access Participating Clubs which are Minors Approved.

Offer Details 

The Trial Period commences on the date the Guest completes their Evolve Fitness Center Guest Profile and concludes at the end of the Trial Period. The Trial Period is determined by the Participating club and will run for a 3-day, 5-day or 7-day consecutive period. 

During the Trial Period, Guests between 14-17 years old may only access the Participating Club during staffed hours.  

Guests 18 years old or over may access the Participating Club outside of staffed hours provided the Participating Club agrees to allow the Guest access outside of staffed hours.

This Offer cannot be combined with any other promotions or offers and is limited to one per person. The Trial Period cannot be frozen, and the Offer cannot be transferred, exchanged or redeemed for cash, products or services.

The Offer is available at Participating Clubs only. To find out if a Club is a Participating Club, the length of the Trial Period, and whether Guests are provided access outside of Staffed Hours, please contact the relevant Evolve Fitness Center Club directly.  

Fees and Payments 

During the Trial Period, a refundable fee may be payable for a Guest Access Key. Any Guest Access Key fee payable will be refunded to the Guest at the end of the Trial Period, provided any physical Guest Access Key is returned to the Participating Club within 2 days of the Trial Period ending.   

Modifications and Termination of the Offer 

Evolve Fitness center reserves the right to modify, suspend, or terminate this Offer at any time. Any changes will not affect those already participating in the Offer, except as required by law. 

Compliance with Club Rules and Regulations 

By participating in this Offer, Guests agree to adhere to all Club Rules and regulations, including, but not limited to, those set out in the Guest Profile form and posted within Participating Club premises. Failure to adhere to Club Rules may result in termination of the Offer. 

Legal Compliance  

These Terms are intended to be compliant with applicable local laws and consumer rights. Participation in this Offer does not diminish a Guests consumer rights. 

Privacy  

All personal information of Guests will be processed in accordance with Evolve Fitness center’s Privacy Policy (available here: https://www evolveftc.com/privacy/). 

$5 for 5 Weeks Offer Terms and Conditions 

Introduction 

This following terms and conditions (‘Terms’) govern the ‘$5 for 5 Weeks’ promotional offer promoted by Evolve Fitness center (‘Offer’). These Terms are in addition to, and modify where specified, the standard Evolve Fitness center membership agreement (‘Standard Agreement’). The purpose of this Offer is to reduce Members weekly Membership Fees, for a five-week period, to only $1 per week. 

Eligibility  

This Offer is available to Members who enter a Standard Agreement, with an Evolve Fitness Center Club, for an initial term of 12 or 18 months* on a weekly Direct Debit Payment Agreement. 

Members must be 18 years of age or older.  Members between 14-17 years of age are eligible for this Offer providing that they have the permission of their parent or guardian to enter a Standard Agreement, enter a Standard Agreement with a Minor Approved Club and comply with the Special Conditions for Minors attached to their Standard Agreement. 

Offer Details 

The five-week period commences on the date the Standard Agreement is entered into and will run for a five-week (35 day) period.  During the five-week period, weekly Membership Fees will be reduced from the amount stated in the Standard Agreement to $1. This Offer cannot be combined with any other promotions or offers. 

Conversion of Membership Fees 

At the conclusion of the five-week period, weekly Membership Fees will return to the Membership Fee amount stated in the Standard Agreement.  

Fees and Payments 

During the five-week period, Members are still required to pay all other fees which may fall due, including, but not limited to, a non-refundable Joining Fee and a non-refundable Member Access Key Fee which are payable at the time of entering the Standard Agreement. 

Modifications and Termination of the Offer 

Evolve Fitness center reserves the right to modify, suspend, or terminate this Offer at any time. Any changes will not affect those already participating in the Offer, except as required by law. 

Compliance with Club Rules and Regulations 

By participating in this Offer, Members agree to adhere to all Club Rules and regulations set out in the Standard Agreement and as posted within Club premises. Failure to adhere to Club Rules may result in termination of the Offer and/or membership according to the terms of the Standard Agreement. 

Legal Compliance  

These Terms are intended to be compliant with applicable local laws and consumer rights. Participation in this Offer does not diminish a Member’s consumer rights. 

Privacy  

All personal information of Members will be processed in accordance with Evolve Fitness center’s Privacy Policy available here: https://www. evolveftc.com/privacy/.  

Miscellaneous

*Members in South Australia are unable to enter an 18-month Standard Agreement due to state regulations.   

As of 1 July 2024, the Recommended Retail Price of a 12-month Standard Agreement was $24.95 per week. 

$8 for 8 Weeks Offer Terms and Conditions 

Introduction 

This following terms and conditions (‘Terms’) govern the ‘$8 for 8 Weeks’ promotional offer promoted by Evolve Fitness center (‘Offer’).  These Terms are in addition to, and modify where specified, the standard Evolve Fitness center membership agreement (‘Standard Agreement’). The purpose of this Offer is to reduce Members weekly Membership Fees, for an eight-week period, to only $1 per week. 

Eligibility  

This Offer is available to Members who enter a Standard Agreement, with an Evolve Fitness center Club, for an initial term of 12 or 18 months* on a weekly or fortnightly Direct Debit Payment Agreement. 

 Members must be 18 years of age or older. Members between 14-17 years of age are eligible for this Offer providing that they have the permission of their parent or guardian to enter a Standard Agreement, enter a Standard Agreement with a Minor Approved Club and comply with the Special Conditions for Minors attached to their Standard Agreement. 

Offer Details 

The eight-week period commences on the date the Standard Agreement is entered into and will run for an eight-week (56 day) period.  During the eight-week period, weekly Membership Fees will be reduced from the amount stated in the Standard Agreement to $1. This Offer cannot be combined with any other promotions or offers. 

Conversion of Membership Fees 

At the conclusion of the eight-week period, weekly Membership Fees will return to the Membership Fee amount stated in the Standard Agreement.  

Fees and Payments 

During the eight-week period, Members are still required to pay all other fees which may fall due, including, but not limited to, a non-refundable Joining Fee and a non-refundable Member Access Key Fee which are payable at the time of entering the Standard Agreement. 

Modifications and Termination of the Offer 

Evolve Fitness center reserves the right to modify, suspend, or terminate this Offer at any time. Any changes will not affect those already participating in the Offer, except as required by law. 

Compliance with Club Rules and Regulations 

Legal Compliance  

These Terms are intended to be compliant with applicable local laws and consumer rights. Participation in this Offer does not diminish a Member’s consumer rights. 

Privacy  

All personal information of Members will be processed in accordance with Evolve Fitness center’s Privacy Policy available here: https://www. evolveftc.com/privacy/  

Miscellaneous

*Members in South Australia are unable to enter an 18-month Standard Agreement due to state regulations.   

As of 1 July 2024, the Recommended Retail Price of a 12-month Standard Agreement was $24.95 per week. 

$200 Club Voucher Offer Terms and Conditions 

Introduction 

This following terms and conditions (‘Terms’) govern the ‘$200 Club Voucher’ promotional offer promoted by Evolve Fitness center (‘Offer’). The purpose of this Offer is to provide members with $200 voucher (Voucher) which can be redeemed on Evolve Fitness center products and services. By participating in this Offer, the member agrees to be bound by these Terms. 

Eligibility  

This Offer is available to members who are 18 years of age or older who enter a Standard Evolve Fitness center Membership Agreement (Membership Agreement), during the promotional period, with a participating Evolve Fitness center Club (Participating Club). 

Members between 14-17 years of age are also eligible for the Offer providing they also have the permission of their parent or guardian to enter a Membership Agreement, they enter a Membership Agreement with a Minor Approved Club and comply with the Special Conditions for Minors attached to their Membership Agreement. 

Offer Details 

The full value of the Voucher, being $200, will be automatically credited to the member’s Evolve Fitness center account upon entering a Membership Agreement. The Voucher may be redeemed across multiple transactions and services, up to the full value of the Voucher. The products or services the Voucher can be used to redeem will be determined by each Participating Club. 

The full value of the Voucher must be redeemed within three (3) months of entering the Membership Agreement, regardless of whether a Membership Agreement is frozen, and can only be redeemed at the Participating Club the member entered the Membership Agreement with.  

If a member transfers to another Evolve Fitness center Club, has their membership terminated, or cancels their membership, they will be deemed to have forfeited any amount remaining on the Voucher and/or any outstanding services not claimed at the time the Membership Agreement ends.

Regardless of the Participating Club the member enters the Membership Agreement with, the Voucher cannot be used for Tailgate Fees, Cancellation Fees and/or Freeze Fees. 

The Offer cannot be combined with any other promotions or offers, and the Voucher is not transferrable, exchangeable, or redeemable for cash or other goods or services.   

 Offer Promotional Period 

The Promotional Period may not be uniform across all Participating Clubs and will be determined by the Participating Club. The Promotional Period for each Participating Club will be made available to members via the Participating Clubs marketing materials  

Privacy  

All personal information of members will be processed in accordance with Evolve Fitness center’s Privacy Policy available here: https://www. evolveftc.com/privacy/. 

Limitation of Liability  

To the fullest extent permissible by law, Evolve Fitness center Pty Ltd and its directors, officers, employees, and agents disclaim all liability for any loss of direct, indirect, incidental, special, or consequential damages arising out of, or in connection with, participation in the Offer.  

Modifications and Termination of the Offer 

Any amendments to the Terms will be effective immediately upon the amended Terms being updated on the Evolve Fitness center Australia Terms and Conditions available here: https://www. evolveftc.com/terms-and-conditions/.  

Governing Law 

These Terms will be governed by, and construed in accordance with, the laws of the New South Wales, Australia, being the registered address, and location of the Franchisor, Evolve Fitness center Pty Ltd.   

Miscellaneous 

The headings of these Terms are intended solely for convenience of reference and will have no effect on the interpretation or construction of these Terms.

A Participating Club is taken to mean any open Evolve Fitness Center Club who have agreed to run this Offer. Confirmation of which Evolve Fitness Center are participating in this Offer, and the Promotional Period of this Offer, may be obtained by contacting the relevant Evolve Fitness Center Club directly.  

 As of 1 July 2024, the Recommended Retail Price of a Fixed Term 12-month Membership Agreement was $24.95 per week. 

 All monetary amounts stated in these Terms are in Australia Dollars (AUD). 

$349 Club Voucher Offer Terms and Conditions

Introduction

This following terms and conditions (‘Terms’) govern the ‘$349 Club Voucher’ promotional offer promoted by Evolve Fitness center (‘Offer’). The purpose of this Offer is to provide members with a $349 voucher (Voucher) which can be redeemed on Evolve Fitness center products and services. By participating in this Offer, the member agrees to be bound by these Terms.

Eligibility

This Offer is available to members who are 18 years of age or older who enter a Standard Evolve Fitness center Membership Agreement (Membership Agreement), during the promotional period, with a participating Evolve Fitness center Club (Participating Club).

Members between 14-17 years of age are also eligible for the Offer providing they also meet they have the permission of their parent or guardian to enter a Membership Agreement, they enter a Membership Agreement with a Minor Approved Club; and comply with the Special Conditions for Minors attached to their Membership Agreement.

Offer Details

The full value of the Voucher, being $349, will be automatically credited to the member’s Evolve Fitness center account upon entering a Membership Agreement. The Voucher may be redeemed across multiple transactions and services, up to the full value of the Voucher. The products or services the Voucher can be used to redeem will be determined by each Participating Club. The Voucher may be used towards payment of Membership Fees up to a maximum of four (4) weeks.

Regardless of the Participating Club the member enters the Membership Agreement with, the Voucher cannot be used for Tailgate Fees Cancellation Fees and/or Freeze Fees. The Offer cannot be combined with any other promotions or offers, and the Voucher is not transferrable, exchangeable, or redeemable for cash or other goods or services.

Offer Promotional Period

Privacy

All personal information of members will be processed in accordance with Evolve Fitness center’s Privacy Policy available here: https://www. evolveftc.com/privacy/.

Limitation of Liability

Modifications and Termination of the Offer

Evolve Fitness center Pty Ltd reserves the right to modify, suspend, or terminate this Offer at any time. Any changes will not affect those already participating in the Offer, except as required by law. Any amendments to the Terms will be effective immediately upon the amended Terms being updated on the Evolve Fitness center Australia Terms and Conditions available here: https://www. evolveftc.com/terms-and-conditions/.

Governing Law

Miscellaneous

The headings of these Terms are intended solely for convenience of reference and will have no effect on the interpretation or construction of these Terms.

A Participating Club is taken to mean any open Evolve Fitness Center Club who have agreed to run this Offer. Confirmation of which Evolve Fitness Center Clubs are participating in this Offer, and the Promotional Period of this Offer, may be obtained by contacting the relevant Evolve Fitness center Club directly.

As of 1 July 2024, the Recommended Retail Price of a Fixed Term 12-month Membership Agreement was $24.95 per week.

All monetary amounts stated in these Terms are in Australia Dollars (AUD).

Spin & Win Terms and Conditions

This following terms and conditions (‘Terms’) govern the ‘Spin & Win’ promotional offer promoted by Evolve Fitness center (‘Promotion’). The purpose of this Promotion is reward members for attending their Evolve Fitness center club.

Eligibility

This Promotion is available to all current members of any Evolve Fitness center club who attend a Participating Club, during Staffed Hours.

Promotion Details

By attending a Participating Club, current members may be offered to opportunity to spin the wheel and win a prize. A staff member must be present when the member spins the wheel and current members are limited to one spin per visit day.

Prizes

The prizes are determined by the Participating Club and may vary between Participating Clubs. The prizes are not transferrable, exchangeable, or redeemable for cash or other goods or services.

Offer Promotional Period

Modifications and Termination of the Offer

Evolve Fitness center Pty Ltd reserves the right to modify, suspend, or terminate this Promotion at any time. Any changes will not affect those already participating in the Promotion, except as required by law. Any amendments to the Terms will be effective immediately upon the amended Terms being updated on the Evolve Fitness center Australia Terms and Conditions available here: https://www. evolveftc.com/terms-and-conditions/.

Governing Law

Miscellaneous

A Participating Club is taken to mean any open Evolve Fitness Center Club who have agreed to run this Promotion. Confirmation of which Evolve Fitness center clubs are participating in this Promotion, and the Promotional Period, may be obtained by contacting the relevant Evolve Fitness center club directly.

EVOLVE FITNESS CENTER x WORKOUT MEALS TERMS AND CONDITIONS

Competition

The following terms and conditions (‘Terms’) govern the Workout Meals & Evolve Fitness center 3-Month Complimentary Membership Giveaway and 4-Weeks of Workout Meals competition (‘Competition’) promoted by Evolve Fitness center Pty Ltd and Workout Meals (the ‘Promoters’).

Eligibility

This Competition is available to persons who are residents of Australia, aged 18 years or older at the time of entry, and are current members of an Evolve Fitness center club.

Employees of the Promoters, including their immediate family members, are ineligible to enter the Competition.

How to Enter

Entrants must submit a video to the Competition landing page (available here: Landing Page) answering the following questions:

What drives you to show up and push yourself?

How does the right nutrition fuel your potential and how will access to results driven meals help you fuel that potential?

Videos submitted by the Entrants must:

be original and created by the Entrant;

be no more than 20 seconds in duration;

be in MP4 or MOV format; and

not contain any offensive, inappropriate or harmful content.

Competition Period

The Competition commences at 12:01 am on 10th April 2025 (AEST) and closes at 11:59 pm on 10th May 2025 (AEST). Entries provided outside of the Competition Period will be considered invalid.

Prize Details

Ten (10) Winners will each receive the following Prize:

A three (3) month complimentary membership (valued at approx. $299.40) to Evolve Fitness center (‘Membership’); and

Four (4) weeks of meals provided by Workout Meals (valued at approx. $400.00) (‘Meals’).

Membership: The Membership portion of the Prize is in addition to any term left on the members agreement and the Winner is still required to satisfy the terms of the membership agreement. The Membership portion of the Prize commences when the Prize is claimed by the Winner and will expire three months after. The value of the Prize will be credited to the members Evolve Fitness center account to ensure that the cost of membership fees (up to the value of $299.40) are covered for the three month period. The Membership portion of the Prize cannot be frozen or transferred.

Meals: The four (4) weeks’ worth of meals is based on a standard customer order of $100.00 per week, therefore, the maximum value of the Meals portion of the Prize is $400.00. The meals must be redeemed using the promotional code (limited to a $400 value) provided to the Winner by the Promoters. The code may only be redeemed online at https://workoutmeals.com.au/.

No portion of the Prize is transferable or refundable and it cannot be exchanged for cash, goods or services.

Judging Criteria

Videos will be judged on the following criteria:

adherence to the questions provided;

creativity in approach;

story originality and uniqueness; and

brand suitability and fit.

The videos will be judged by:

representatives of the Evolve Fitness center marketing department; and

representatives of the Workout Meals marketing department.

The judge’s decision is final and reasons for the final decision will not be made available to the Entrants.

Winner Notification

The judging will take place on 16th May 2025 and the Winners will be notified by the Promoters, on the same day, via email provided to submit their entry. The Winner must respond to the Promoters email within ten (10) days of receipt of the email to claim their Prize. If the Winner does not respond to the Promoters email within ten (10) days of the sent date, the Prize is taken to have been forfeited.

Intellectual Property

By submitting a video into the Competition, all Entrants grant the Promoters a non-exclusive, royalty-free license to use, reproduce, adapt, and display the video for the Promoters own promotional purposes without further consent being requested from, or compensation being provided to, the Entrant.

Privacy

Any personal data provided by Entrants will be used solely for the purpose of running this Competition. All personal information will be processed in accordance with the Promoter’s Privacy Policies available below:

https://www. evolveftc.com/privacy/ (Evolve Fitness center); and

https://workoutmeals.com.au/pages/privacy-policy (Workout Meals).

Liability

The Promoters are not responsible for any technical issues, malfunctions, or failures that may affect the submission or judging of entries or the Winners being notified. Nor are the Promoters responsible for any video entries which are lost, damaged or delayed due to technical issues.

To the fullest extent permissible by law, the Promoters and its directors, officers, employees, and agents disclaim all liability for any loss of direct, indirect, incidental, special, or consequential damages arising out of, or in connection with, participation in the Competition.

Modification of These Terms

The Promoters reserves the right to modify any of the Terms at their sole discretion, without liability to Entrants, or to cancel or suspend the Competition at any time. Any amendments to the Terms will be effective immediately upon the amended Terms being updated on the Promoters’ respective websites terms and conditions pages available below:

https://www. evolveftc.com /terms-and-conditions/ (Evolve Fitness center).

https://workoutmeals.com.au/pages/terms-and-conditions (Workout Meals).

Governing Law

This Competition and Terms will be governed by, and construed in accordance with, the laws of the New South Wales, Australia, being the location of Promoters.

Dispute Resolution

Anyone claiming a dispute has arisen under these Terms will give notice, in writing, to Promoters, identifying and providing details of the dispute, and attempt to resolve dispute through good faith negotiations in first instance. Written notice can be provided via email admin@evolveftc.com mailto: admin@evolveftc.com and info@workoutmeals.com.au

Severability

If any clause in these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall continue to be in full force and effect.

Miscellaneous

The headings of these Terms are intended solely for convenience of reference and will have no effect on the interpretation or construction of these Terms and Conditions.

All monetary amounts stated in these Terms are in Australia Dollars (AUD).