Terms and Conditions

EVO FITNESS


Facts & Figures

1. MEMBERSHIP

When does my membership start and how much is the registration fee?

Unless otherwise specified, the membership starts from the day you sign up. This also applies to promotions and/ or offers. Upon enrolment your credit card is charged with the administration fee (69CHF) as well as the monthly rate for the remaining days of the current month. Until you cancel the membership through the web, you will be charged every month.

When you sign up at a pre-sale period:

when the new EVO gym is not open yet, you will charge with the administration fee (69CHF) , and only when club opens you will start to be recharged. First payment will be according to the days left for the month, and after it –every month according to the price that you were offered.

How can I “freeze” my membership?
Log on to My EVO and select “freeze my membership.” Then select the period for which the membership should be frozen. The fee charged to freeze a membership is 20CHF per month and you can freeze up to 3 months. You can only freeze the whole month, since the system always charges your card on the first day of the month. Remember to freeze the membership no later than the day before the freeze period shall start to avoid your card being charged with the full monthly fee. Freezing is available full months only, means the freeze can be done and starts from beginning of next month. You will receive a confirmation for the selected freezing period. If you decide to stop the freezing before the end period, you will not receive the payment for the monthly freezing, and will start being charged for the membership for the rest of the days of the month.

How can I cancel my membership?
Upon cancellation, your membership will expire in the same month. You will charge the rest of the days until the end of the month you cancelled. (The monthly fee already paid 1st of the month).

Log in to My EVO, select “End my membership” and follow the instructions. In the last step you will need to confirm your cancelation with your username and password. You will receive a receipt by e-mail confirming that we have received your cancellation so that you know that your cancelation has been successful. Receiving Termination of your membership by mail or by letter will not be accepted by EVO, you need to do it online. You can always sign up again, but be aware that the initial administration fee (69CHF) applies each time you enrol and in addition you will charge the current price that appear at the web at the time of your new sign up.


2. ADMINISTRATION

Do I manage my membership myself?
As a member at EVO you manage your own membership as described in the Terms and Conditions you received at enrolment. This is one of many reasons why EVO can provide top quality gyms at such a good price. Log in to My EVO and familiarize yourself with the opportunities there.

What does it mean if the member capacity is fully utilized in a club?
We have calculated how many members each of our club can have to ensure a positive experience is guaranteed. When a club has reached the maximum number of members, new members cannot choose this particular club as the primary club at this point. We want to prioritize training quality over extra income, and must therefore stop new membership sign-ups in a club where the member capacity is fully utilized.

Can I become a member at another club while I am waiting for my primary location to have capacity?
You can reserve a membership at a club that has reached the maximum number of members and enrol in another club in the meantime. You will keep your place in the queue and will automatically be transferred to your primary club when a space becomes available.


3. SAFETY AND SATISFACTION POLICY

You should feel confident and comfortable when training with us. We recommend that you familiarize yourself with the safety poster in your club. And on the website at “MY EVO”.

How old must I be to become a member at EVO?
The minimum age is 18 years as the clubs at times are unmanned. As a member of the EVO, you are responsible for your own training.

Can I bring my child along to my training?

EVO does not offer child care in the clubs. Due to security reasons, it is therefore not allowed to bring your children to the clubs.


4. ACCESS

How do I get into the club after enrolment?
You will receive a temporary PIN by SMS shortly after you have signed up via our website. The access code needs to be entered on the panel outside the entrance to the club, and it is valid for 60 days. Before your temporary PIN expires, you must collect your wristband at our club. The introduction sessions where you can collect your wristband are held at all our clubs with our personal trainers every Monday 08:00, Tuesday 13.00 and Thursday 19:00. Once you have your wristband log into My EVO to access “Chip and Pin code”.

What do I do when my temporary PIN has expired and I forgot to collect my wristband?
Send your request to our support department via my EVO. You will then receive a temporary PIN which is valid for 7 days so you have another chance to grab your wristband during one of our introductory hours.

What if I forgot my temporary pin- code?
Log in to My EVO at www.evofitness.ch and click on “Access chip and pin code” to view your pin-code or send an SMS to 543 with the word “EVOMEMBER”. The system will recognise you as a new member and will send you a temporary pin-code, your mobile bill will be charged with 3CHF. This is explained in the input poster in all of our clubs.

What if I have lost my wristband?
Log in to My EVO and select “Order wristband”. Your credit card is charged with 15CHF and the old chip is disabled. You will then receive a temporary PIN via SMS and you must collect your new wristband during an introduction hour in the club during the month

What if a valid access code or wristband does not work?
This should not happen, but by technical faults on data lines can result in a situation where neither personal access code or personal wristband work. We hope you will not have to experience this, but should it occur, we regret it strongly. Please report any bugs to us via the Contact EVO on My EVO.
Can I visit the club before I join?
You can have one time trial. Send an SMS to 543 with the word “EVOVISIT” and you will receive a temporarily valid code. Your mobile bill will be charged 10CHF.


5. USE OF CLUB

How do I get started with my training?
Included in your membership is a group introduction session with one of our Trainers. These sessions are 45 minutes long and take place at set times during the week. During the session, we will explain the different training zones in the club and show you how to use the equipment; we will also explain use of the lockers, entry system, and club etiquette.
If you want a customized training programme, we recommend a 50 minutes Personal Training session with one of our EVO Trainers. Depending on your level of experience and personal goals, you can then choose to purchase a block of sessions, or continue on your own. It’s easy to book an appointment with an EVO Coach on My EVO at the web.

What should I wear while exercising?
Use clean sport clothes and indoor shoes. As part of our club etiquette, we provide storage for wet or muddy shoes at the entrance, and a place where you can change into your training shoes. In addition, it is expected that you use a towel during training, and wipe down any equipment after use. Members are not allowed to train without a T-shirt (vests are not allowed) or a sports bra.

Does EVO supply wardrobes and lockers?
EVO has compact changing rooms with showers. The ladies’ changing rooms are fitted with backlit mirrors. In the gym, there are lockers where you can store personal belongings while you are exercising. You will need to bring your own padlock to use the lockers.


6. PAYMENT

As a member of EVO, you are responsible for updating us with your correct payment information at any time, for example to ensure that your registered credit card is valid.

How do I pay – and when?

Upon enrolment you register your credit card or payment card which automatically charges an administration fee (69CHF) as well as the monthly rate for the remaining days of the current month. The monthly membership fee is deducted from the credit card on the first day of each subsequent month until you decide to terminate the membership.

Why do I pay by credit card?
To save time and resources, EVO excluded all other payment forms other than direct debit from visa / MasterCard payment cards. The member can easily, safely, and effectively manage their membership via the EVO website. This helps us to keep costs down and offer great facilities at a reasonable price. We do not send out invoices as our only payment solution is automatic debit from credit card.

Why is EVO charging me 1CHF to my credit card?
After enrolment, two amounts are debited against your credit card. The first amount is the sum of the administration fee and membership fee. The amount varies depending on the number of remaining days in the month of enrolment. The second amount is 1CHF and is just a reservation. After a few days the 1 CHF will disappear. The amount will not be deducted from your account as this is only a verification that the card is valid.

What if I receive a payment reminder?
Payment reminders are sent automatically via sms and e-mail. The email describes what we know about the problem. If your payment is declined, you can update your credit card information by logging in to My EVO. If there is another error please contact your bank. DIBS will then try to charge your card on a daily basis until the problem is resolved and the payment has gone through.

I need a receipt for the paid membership fee
Every month, as soon as the membership fee is charged to your credit card, we will send a receipt to the email address you have given us when you registered. Therefore, it is important that you update your email address on my EVO if you change your e-mail address.
If you have any further questions, please do not hesitate to contact EVO.

General Terms and Conditions
1. Introduction
The scope of the agreement concluded between Lifestyle Concept AG, Oberrieden (hereinafter referred to as “EVO”) and the member, applies exclusively to the club described in the agreement.

2. Minimum age
Membership for EVO is open to all person who have completed their 18th year.

3. Transfer of the agreement and the rights – member card
The member agreement, rights, benefits or duties may not be passed on to third parties. The club member may not lend out the membership card or pass it on for use by thirds parties. If the membership card is lost, a fee of 15 CHF is due, payable to EVO. For legal reasons, any misuse of the card may lead to cancellation of the agreement. EVO may transfer the rights and obligations from this membership agreement to a third party without the approval of the member.

4. Signing of the contract/ Conclusion of the contract
For all membership offers bookable on the Internet at www.evofitness.ch the contract between Lifestyle Concept AG and the booking party comes into existence upon clicking on the “Buy now” button and the subsequent appearance of a summary of the booking data on the screen (online buying conformation). The booking party can immediately store or print out the buying confirmation. It will also be automatically sent to the indicated contact email address of the buying party within 24 hours for information purposes.
With respect to written buying procedures and buying procedures conducted by email the membership contract comes into existence upon receipt of the buying confirmation.

5. Member subscriptions
The signing of the agreement by clicking the “buy now”-button and receiving the buying confirmation means that the contractually set out membership subscriptions are due for the whole duration of the agreement, irrespectively of the use of the facility, range and service of EVO. Members who do not use the facility, range and services of the club during their membership have no claim to a reduction or refund of the subscriptions paid. The acceptance/ administration and the first monthly subscription are due when the member agreement is signed. The costs of the membership card are also taken by direct debit with the first monthly subscription. The subsequent member subscriptions are to be paid monthly in advance by the first working day of each month, according to the agreed payment method.

6. Increasing the membership subscription
If the costs for supplying the contractually agreed services should increase or decrease on the part of EVO, after the agreement has been concluded, i.e. costs over which the company has no control, particularly costs for rental, additional costs, energy and other consumption costs, EVO is entitled to reallocate these changes to the contractually agreed monthly member subscriptions. The adjustment is made as a percentage proportion, in which the costs from the previous year are adjusted upwards or downwards but by a maximum of 3%. The adjustment is made once a year with a notice period of one month.

7. Staff instructions / adherence to club regulations
The member is obliged to adhere to the instructions of staff, to abide by the hygiene regulations and to observe the club rules, in the club or on the website. Strict adhesion to the club regulations displayed by the club. Gross and/or repeated contraventions may entitle EVO to refuse entry to the club and to issue (exceptional) termination without notice. EVO reserves the right to alter the club rules within a reasonable framework. Changes to the club regulations neither justifies legal claims nor termination of the agreement.

8. Opening times
EVO gives ongoing information about the opening times and range of services offered by the club. Under certain circumstances, these opening times may be extended, decreased or changed (e.g. in the case of public holidays, or due to repairs, renovation or cleaning work). EVO will publicise changes to opening times or closures of premises as early as possible and with reasonable advance notice. The member has no claim to a reduction or refund of subscriptions due to changed opening times.

9. Changes to what the club offers and planning
EVO is entitled to change individual services offers, particularly if the change is in keeping with the general interests of EVO and is therefore reasonable in a practical framework for members. In the event of a change to the offer or planning, the member has no claim to a reduction or refund of the membership subscription.

10. Termination of the membership agreement by EVO
EVO may terminate the agreement with a notice period of one month to the end of the following month. The agreement of members is not required for this.
EVO may terminate the agreement extraordinarily if there are significant grounds, without any prior notification and without notice (extraordinary termination). In this event, any previous subscriptions will not be refunded. A significant reason is constituted, in particular, by the following cases:

I. The member has fallen into arrears with two monthly subscriptions or an amount corresponding to two monthly subscriptions.

II. The member has contravened the club regulations

III. The membership and payment of subsidized subscriptions has been acquired with intent to deceive.

If a membership agreement is terminated by EVO, the member will also be excluded from all EVO clubs.

10. Duration of contract/ Ordinary Termination by a member
The contract is concluded for an indefinite period and can be cancelled with a notice period that are the rest of the remaining days until the end of the month.

11. Limitation of liability / exclusion from liability
Members are required to adhere to the club regulations and instructions for the various pieces of equipment, which they use at their own risk; Consequently, EVO and its staff are not liable for any damages sustained as the result of an accident, injury or illness, except where it is a matter of the gross neglect of safety provisions by a member of staff. EVO and its staff are not liable for theft, losses or damage to personal items within the club. All members are instructed to take responsibility for their personal insurance protection.

12. Changes / additions to the membership agreement
The agreement form, club regulations (club rules) and these General Terms & Conditions reflect the entire agreement between EVO and the member. Any changes to the membership agreement are only valid where there is a written agreement or a written addendum set out and signed by the club manager. Other tacit or verbal agreements that deviate from the contract documents are invalid.

13. Agreement on the use of the member’s personal data
Agreement on the use of the member’s personal data entitles EVO to collect, save and process data included in the contract, taking into consideration legal provisions, particularly under the Swiss Federal Data
Protection Act, for managing membership and fulfilling the purpose of the contract. EVO is authorized in particular, to pass on the data included in the membership agreement for the collection of open requests to a debt collection company and/or a law office. Moreover, the member authorizes EVO to use the data for their own advertising purposes under company law, for companies associated with EVO. The member may exclude or revoke entitlement to its use for advertising purposes by confirming online or by written declaration.

14. Applicable law
This agreement is subject exclusively to Swiss law.

15. Jurisdiction
Any conflicts relating to the execution of the membership contract are subject to the competence of the proper jurisdiction of the canton, in which the club, where the member concluded their contract, is based. In the event of an appeal, this must be lodged with the Federal Court.