PRINCIPAL TERMS & CONDITIONS

1. This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process. If you did not sign up on the clubs premises and you have not used this service, you have 48 hours after signup to cancel this agreement for any reason. To exercise this right you must inform the club of this by post, email or telephone using the details on our contact page. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction.

2. Your membership starts immediately.

3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.FEES AND CHARGES

4. The Joining Fee / Initial Payment is due from you to us, is payable immediately and is not refundable other than due to cancellation under the Principal Terms above or in the event of breach or negligence by us.

5. The Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum No. of Direct Debit Payments stated with the first one being paid on the 1st Direct Debit Payment Date and then every month thereafter. You are obligated to make every Direct Debit Payment regardless of non attendance, except where the cancellation terms below (or under the Principal Terms) are met. After the 12 month period of the Direct Debit payment subscription, you have the right to cancel your membership but must give us 30 days notice. If you cancel your Direct Debit without giving us 30 days notice, you will be contacted to have this payment paid. If you cancel your Direct Debit before the 12 month period of the contract then you will be contacted to pay that months payment and a cancellation fee. The cancellation fee is the difference in price of the contract membership and the non contract membership times by how many months you have been a paying member.

6. The Non Contract Membership is a rolling membership. Cancellation can be at anytime but 30 days notice is needed. We may still have to take your next payment depending on when you request for your membership to be cancelled. The membership will be cancelled after this payment is taken but you will still have full access to the facility until the date of which your membership runs out.

7. Single month memberships must be bought in store.

8. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £25 (which we require to cover our costs of seeking to pursue such payment from you).

9. You agree to advise us promptly of any change to the Members Details provided.

10. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address without telling us.
    AUTOMATIC RENEWAL

11. Once you have completed the Minimum No. Of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.

12. You may prevent the Automatic Renewal at any time by giving notice to our Helpline (you should give us not less than 30 days notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.

13. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting our Helpline (you should give us not less than 30 days notice). After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.

14. Upfront membership payments will automatically renew at the end of contract unless 30 days notice of cancellation is given. You have up to 14 days after this payment to contact us for a refund if you don't want to renew, a fee shall be charged due to our collection fees.

15. CANCELLATION

16. Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.

17. Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.

18. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.

19. Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by evolve gym and fitness ltd.

20. Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.

21. Any reason for having the right to cancel must allow a 30 day notice period.

22. We are a private limited members gym, we have the right to cancel your membership for reasons such as verbal or physical abuse, abuse of equipment, late payments etc.
    FREEZING

23. Temporary Illness or Injury: This agreement may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
    Please note – ANY Freeze will not be effected until the appropriate proof is provided and received (in writing or via email) by Evolve gym and fitness ltd.

24. Your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. 
    Please note – A freeze period does not affect the Minimum No. of Direct Debit Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.

25. Any reason for having the right to freeze your membership must allow a 30 day notice period. Termination

26. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due and the late payment fee is not paid promptly.

27. We may terminate this Agreement and Cancel your Membership with immediate effect on notice to you if. you breach any of the Evolve rules inside the gym and standard membership rules. This will include our specific judgement due to being a small private limited member facility. We reserve the right to cancel your membership if you do not fit our ethos or community. In this event you will no longer be able to access any of our facilities and will not be given a refund.

28. GENERAL TERMS

29. There may be occasions where we have to close all or part of the gym. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.

30. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.

31. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.

32. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your membership to another person provided that such person pay a Joining Fee signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.

33. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.

34. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply

35. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.