Terms And Conditions Of Membership

1. In signing this Agreement, you understand that you are waiving your right to open a martial arts academy within a 50 mile vicinity of an existing Evolve location. For avoidance of doubt, you are agreeing not to open a competing school within a 50 mile radius of an existing Evolve facility.
2. In signing this Agreement, you fully understand and accept that this membership agreement automatically renews under the existing fees, terms, and conditions at the expiration date of this agreement and is subject to change at the sole discretion of the management of EMMA I Pte Ltd and/or EMMA II Pte Ltd and/or EMMA III Pte Ltd and/or EMMA IV Pte Ltd. You may terminate this agreement only if you do so with 30 days notice in writing and pay a cancellation penalty of 3 months dues.
3. Upon acceptance, you will be issued with a membership card (which shall remain the property of Evolve) and you shall be entitled to all the rights and privileges exercisable by the class of membership for which your application has been accepted. If your membership card is lost or mislaid, Evolve will issue a replacement card upon payment of a processing charge. You may not loan your membership card, or permit it to be used by, anyone other than yourself. Admission of any member without a valid membership card will be at the sole and absolute discretion of Evolve’s management and/or staff.
4. Fees may vary for members depending upon the type of membership, place of purchase and/or time of purchase. Your fees or dues rate is specified in this Agreement. Unless otherwise specified, all fees and dues are exclusive of goods and services tax, value added tax or such other consumption tax by whatever name called at the prevailing rate(s).
5. Your membership can be upgraded for increased benefits by payment of an upgrade fee. All payments made on a membership before an upgrade will be utilised upon upgrade and may not be applied against any future obligations that you may incur after the upgrade date.
6. A fixed-term membership consists of an initiation fee, processing fees and monthly dues. The initiation fee is paid in full at enrolment before the membership begins. Subsequent payments of the monthly dues and processing fees are made and must be settled by Autopay. The term of your membership is set forth in “Membership Details” above and you may not terminate a fixed-term membership before the “Membership End Date” indicated in the “Membership Details” section above. You shall enjoy the use of the applicable Evolve Gym facilities for the duration of the term. Evolve reserves the right to increase your monthly dues once per calendar year and such increase in your monthly dues shall be valid and effective upon written notice to you. At the end of the term, your membership will be automatically renewed for a further term of equal duration to the initial fixed-term and will be successively renewed in such manner, until you have given Evolve written notice to terminate in accordance with clause 14 below. The “Membership End Date” will be deemed to be extended for the relevant duration upon each successive renewal.
7. If you have purchased a 3-month or 6-month fixed-term membership, at the end of the term you may only renew for a further fixed-term of equal or greater duration, and you will not be permitted to extend the membership term on a month-to-month basis.
8. Evolve immediately earns the initiation and processing fees and, if you have purchased a 12 months membership, the first month’s dues when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees, and any subsequent monthly dues once they have been paid by you, shall be final and are not transferable or refundable. If you have purchased a membership, then whether or not you use the Evolve Gym, you must still pay your dues.
9. All monthly or periodic fees and dues will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees or dues on the due date, Evolve reserves the right to refuse you entry into any and all Evolve Gyms until such outstanding payment is received. Evolve reserves the right to take appropriate legal actions to recover any outstanding payments. In such event, you agree to indemnify Evolve for any costs and expenses incurred by or associated with such legal actions, including but not limited to legal fees on an indemnity basis, and you shall remain liable for all fees and/or dues during such periods.
10. Monthly Autopay payments will be made on either the first calendar day or 15th day of each month, at the sole and absolute discretion of Evolve. Evolve may extend a five (5) day grace period after the due date at its sole and absolute discretion. Beyond the 5 day grace period, a late fee of S$25 will be charged if for any reason Evolve cannot collect on your monthly fees. A pro-rata charge will be added to your first Autopay payment based on the number of days between one month after your date of joining Evolve and the date of your first Autopay payment. You may not cancel your Autopay authorisation until the full minimum commitment period has been completed. In the event that any fees, dues or other charges must be charged through manual billing due to absence, cancellation or expiration of a valid Autopay authorisation for any reason, you agree to pay the additional monthly administrative or service charge specified in the “Membership Details” section above.
11. Evolve reserves the right to open new gyms and/or relocate gyms by giving not less than thirty (30) days’ notice to members at the affected gym and, subject to clause 15(c) below, you agree to use the nearest or any alternative Evolve Gym and shall not be entitled to terminate membership.
12. Evolve Gyms (or portions thereof) are regularly closed on a temporary basis for maintenance, selected holidays and other times based on government or regulatory requirements, and such temporary closures will have no effect on this Agreement so long as such temporary closures are reasonable. If your gym of enrolment is forced to close or partially close by events or occurrences beyond Evolve’s control, such as, by way of example, strikes, lock-outs, labor disputes, acts of Gods, war, act of terrorism, riots, civil commotions, malicious damage, accidents, fires, floods, earthquakes, typhoons, power outages or compliance with a law or governmental order, rule, regulation or direction (each hereinafter referred to as an “Unforeseen Event”), you will not be entitled to a refund or dues credit or to terminate your membership. However, if your gym of enrolment is forced to close or partially close for more than thirty (30) days by an Unforeseen Event, Evolve will extend your membership, without further payment, for the same period your gym of enrolment was closed or completely unavailable, but only if there is not another available Evolve Gym within ten (10) kilometres of your gym of enrolment.
13. Only Evolve staff or persons expressly authorised by Evolve may provide Evolve Services to members while they are in an Evolve Gym. “Evolve Services” are types of services that Evolve provides to its members and include, but are not limited to, martial arts classes, private lessons, seminars, workshops, other forms of fitness instruction, and retail sales of food, beverages, nutritional supplements and other products. While in an Evolve Gym, you may not solicit or provide Evolve Services or other similar service to other members or guests, nor may you receive such services from other members or guests. This restriction applies regardless of whether (i) Evolve charges its members for such Evolve Services or (ii) you charge other members or guests or pay other members or guests for such Evolve Services. Evolve shall determine in its sole and absolute discretion whether a service being solicited or provided by you, or being provided to you, constitutes an Evolve Service.
14. If you wish to terminate your fixed-term membership, you must give at least one (1) calendar month’s notice before the “Membership End Date” indicated in the “Membership Details” section above, either in writing to Evolve or in person at your gym of enrolment. Termination may not take place before the expiry of the “Membership End Date”. Premature termination and termination of a membership that has been suspended at your request shall be subject to full monthly dues for the remaining period or suspension period (as the case may be). The minimum cancellation fee for premature termination by you is equal to three months dues. However, management may exercise its rights to collect the full amount remaining on the contract.
15. (a) Evolve reserves the right to terminate your membership if you are in breach of this Agreement, the Terms and Conditions or the Rules and Guidelines. No refund in respect of fees or dues will be paid in the event of such termination.
(b) Evolve reserves the right at any time to terminate your membership for any reason not stated in sub-paragraph (a) above provided always that such reason does not contravene local laws and regulations. If Evolve does so terminate your membership, it will send or deliver a termination notice to you and refund any unused fees or dues.
(c) If Evolve closes your gym of enrolment permanently and there is not another Evolve Gym within ten (10) kilometres of your gym of enrolment, this Agreement will terminate on the date of permanent closure. As such you will not have to pay further monthly dues and Evolve will refund any unused fees or dues. You are not entitled to a refund if there is another Evolve Gym within ten (10) kilometres of your gym of enrolment.
(d) Evolve reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as an agreement for personal training services.
(e) Upon cancellation or termination of your membership and after any required notice period, your right to use the Evolve Gyms henceforth ceases and you may be denied access to any or all Evolve Gyms. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your initiation fee, membership dues or fees paid for Evolve Services. If you owe Evolve any amounts of money when your membership ends, such outstanding amounts shall be deemed to be and are recoverable as a debt, and Evolve is entitled to deduct or off set any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay Evolve the outstanding balance. If your membership terminates or expires for any reason and you want to rejoin, you shall be required to buy a new membership at the then prevailing membership rates.
16. Evolve may send or deliver notices to you at the mailing address or e-mail address specified in the “Personal Details” section above, or such other address as you may have notified in writing to Evolve from time to time. Any such notice, if sent by e-mail shall be deemed to have been duly given upon transmission, and if sent by mail, proper postage pre-paid, shall be deemed to have been duly given three (3) days after posting.
17. By signing this Agreement, you confirm that you have read and agree to the Privacy Policy which can be found at https://evolve-mma.com/privacy-policy/, including as to how your personal data may be collected, used and disclosed by Evolve and its related corporations as set out in the Privacy Policy.
18. Unless otherwise prohibited or limited by applicable law, by signing this Agreement, you agree that should your personal data under the possession or control of Evolve be lost, leaked, exposed or compromised arising from the action(s) of a third party (such as a third party hacker) through no fault of Evolve, that you will not hold Evolve liable in any way whatsoever including for any losses or damages suffered by you, arising from such loss, leak, exposure or compromise of your personal data.
19. You may not amend the terms of this Agreement. Evolve may amend, vary, delete or add to this Agreement, the Privacy Policy, the Terms and Conditions, the Disclaimer and/or the Rules and Guidelines with immediate effect in its sole and absolute discretion from time to time and where appropriate.
20. The rights of membership shall be enjoyed only by you, and the membership and your rights and obligations under this Agreement may not be transferred, assigned, or novated by you. Evolve may transfer, assign or novate its rights and obligations under this Agreement at any time without notice to you.
21. This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. In the event of any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, you and/or Evolve shall first seek to resolve the dispute or claim by amicable discussion by giving the other party written notice of the dispute or claim. If no resolution can be arrived at between you and Evolve by amicable discussion, either you or Evolve may refer the dispute or claim to confidential and binding arbitration, provided strictly that such reference to arbitration is made no less than twenty one (21) calendar days after written notice of the dispute or claim is given to the other party. Any dispute or claim hereunder shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore and the language of arbitration be in English. The Tribunal shall consist of a sole arbitrator jointly nominated by you and Evolve; failing which, the sole arbitrator shall be nominated in accordance with the SIAC Rules for the time being in force. Matters relating to prospective, ongoing or concluded arbitration (including the existence of an arbitration and/or the dispute or claim and all details thereof) pursuant to this Agreement shall be kept strictly confidential save where disclosure is required by law and parties will not publish details of the same (whether on social media, in print or other form).
22. The provisions of this Agreement are severable and invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Evolve’s failure or delay to exercise any rights or remedies under this Agreement shall not be construed as a waiver of such rights, remedies or provisions.
23. Save as expressly provided or conferred benefits within this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) (hereinafter referred to as the “Act”) to enforce any term of this Agreement. Notwithstanding any provision of this Agreement, you and Evolve may agree to supplement, vary (including any release or compromise of liability), rescind or terminate this Agreement without the consent of any third party and Section 3(1) of the Act shall not apply.
24. This Agreement, together with the Privacy Policy, the Terms and Conditions, the Disclaimer and the Rules and Guidelines, constitutes the entire agreement between you and Evolve with respect to the membership purchase and supersedes all prior discussions, negotiations and agreements. You acknowledge that neither Evolve nor anyone else made any verbal or written representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. In the event of any inconsistency between the terms of Evolve’s signed copy of this Agreement (including under “Personal Details”, “Accounting” and “Membership Details”) and the terms of your copy of this Agreement, the terms of Evolve’s copy shall prevail.
DISCLAIMER OF LIABILITY
25. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Evolve Gyms or that might be detrimental to your health, safety comfort or physical condition. You confirm that Evolve did not give you any medical advice before you joined and understand that Evolve cannot at any time give you any advice relating to your physical condition and/or ability to use the Evolve Gyms. If you have any health or medical concerns now or after joining, you should consult with your physician prior to using the Evolve Gyms. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner. You agree that Evolve may, at any time and in its sole discretion, require you or your guest(s) to make such declarations in respect of your or your guest’s health, physical condition, travel history, and/or such other details as Evolve may consider necessary.
26. Participation in the activities and the use of the facilities at the Evolve Gyms naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. You understand and acknowledge that activities and the use of the facilities at the Evolve Gyms naturally involve close physical proximity to other persons, members and/or guests, and may involve attendant risks of injury and/or illness to you or your guests(s). Specific risks vary from one activity to another and the risks range from minor injuries to catastrophic injuries including death. In consideration of your participation in the activities and use of facilities offered by the Evolve Gyms, you understand and voluntarily accept this risk and agree that Evolve, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, illness or disease, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any Evolve Gym’s services, facilities or premises, whether related to exercise or not. Further, you understand and acknowledge that Evolve does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Evolve is providing fitness services and may not be held liable for defective products. You agree that you will not make any unfavourable or prejudicial statements to any person (save where such statements are made in confidence to professional advisers for the purpose of obtaining professional advice, provided that the statements shall remain in confidence, or where required by law) relating to the affairs of Evolve, Evolve Gyms or to your participation in the activities and use of the facilities offered by the Evolve Gyms. You agree that you will not disparage or otherwise make any statement or comment unfavourable or prejudicial to Evolve in any medium and on any platform, including on social media, without the prior written consent of Evolve. Your guests agree to abide by the Rules and Guidelines and to be bound by the same limitations of liability that apply to you as a member.
27. You agree to indemnify and hold harmless Evolve, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 26 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).
28. You are solely responsible for the safekeeping of your belongings. During each visit to a gym, you will have at your disposal a day locker to store your personal effects. All lockers should be locked with a padlock supplied by yourself. For greater safety, Evolve suggests using a KEY padlock and not a combination lock. Do not leave any valuable property in a locker at any time. Evolve is not liable to you or your guests for any personal property that is damaged, lost or stolen while on or around Evolve’s premises, including but not limited to a vehicle or its contents or any property left in a locker, whether locked or unlocked. You agree that in no event shall Evolve’s maximum liability exceed S$200.
29. All day lockers are for day use only and must be cleared when you have finished your workout. The day lockers will be opened and cleared out by Evolve at the end of each day. You acknowledge and agree that such opening of the day lockers may require Evolve to cut or break any locks found on a day locker at that time, and that all items found in such opened day lockers will be disposed of by Evolve in any manner it deems fit in its sole and absolute discretion. You agree that none of the Evolve Gyms will be liable for the damage to any lock that it cuts or breaks under this clause, or for the loss, theft or disposal of, or damage to, any items that you may have left in such day locker.