Evolution Parkour Academy • Draft for legal review
Terms & Conditions
Membership, enrolment and participation terms for Evolution Parkour Academy services.
1. About these terms
These Terms and Conditions apply to membership, enrolment and participation in services provided by Evolution Parkour Academy (EPA). When a participant is under 18, the parent or legal guardian who enrols them accepts these terms on their behalf and is responsible for fees and required information.
Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, ACC legislation or other applicable New Zealand law.
2. Programme year and enrolment
EPA operates a school-year membership aligned with the New Zealand school calendar, from Term 1 to Term 4. Enrolment is ongoing during the programme year and may begin at any time, subject to class availability and EPA confirming the enrolment.
The participant’s place is retained while membership remains active, fees are up to date and these terms are followed.
3. Fees, invoices and payment
Membership is NZD $99 per month, including GST. EPA invoices monthly through Hnry. Invoices are ordinarily issued on the 2nd of each month and must be paid by the due date shown on the invoice.
If payment is overdue, EPA will contact the account holder and allow a reasonable opportunity to resolve the balance. EPA may then suspend participation, remove the participant from the class roll until the account is brought up to date.
EPA may refer a genuinely overdue amount for recovery after reasonable notice. The account holder will only be responsible for reasonable, actual third-party recovery costs that EPA is legally entitled to recover. EPA will not charge a penalty merely because payment is late.
4. Cancellation by a member
A member may cancel by giving at least two weeks’ written notice to admin@evogymandparkour.com. Fees remain payable for the notice period and participation may continue during that period.
If less than two weeks’ notice is given, EPA may charge only the fees that would have been payable during the balance of the two-week notice period. EPA will not charge more than that amount.
If serious illness, injury or another exceptional circumstance prevents participation, contact EPA promptly. EPA will consider reasonable evidence and any appropriate refund, credit, pause or early cancellation fairly, taking account of the circumstances and EPA’s obligations under New Zealand law.
5. Missed sessions
EPA does not ordinarily provide a refund, credit, transfer or make-up session when a participant chooses not to attend or misses a class for reasons outside EPA’s control. This does not affect the participant’s legal rights if EPA has not provided a service with reasonable care and skill or has otherwise failed to meet a legal guarantee.
6. Summer holiday pause
Normal in-person billing and training pause during the official local school summer holiday period, based on the Ministry of Education school calendar. EPA will notify members of the applicable dates each year.
7. Class locations and outdoor delivery
Regular Katikati classes are delivered indoors at the Sea Scouts building behind Dave Hume Pool. EPA may also deliver programmes, events or sessions outdoors or at other agreed venues. EPA will provide relevant location information for each service.
Participants and caregivers must follow venue rules, respect shared and public spaces, and use equipment only as directed.
8. Weather, venue issues and changes to delivery
Weather provisions apply when a session is scheduled outdoors. EPA may modify, relocate, postpone or cancel an outdoor session where weather or ground conditions make delivery unsafe. EPA will communicate changes as soon as reasonably practicable.
If an outdoor session ends early because conditions become unsafe, EPA will consider how much of the session was delivered and whether a reasonable alternative, rescheduled session, credit or refund is appropriate. EPA will not apply an automatic “session delivered” threshold where doing so would be unfair or inconsistent with consumer law.
9. Cancellations by EPA and sole-operator disruption
EPA is operated by a sole coach. A session may be postponed, relocated or cancelled because of coach illness or injury, venue unavailability, safety concerns, public-health requirements or another event beyond EPA’s reasonable control.
Where EPA cancels or cannot substantially deliver a paid session, EPA will offer a reasonable remedy having regard to the circumstances. This may be a rescheduled session, suitable alternative delivery, account credit or refund for the affected service. If repeated disruption materially reduces the service, members may contact EPA to discuss cancellation without an additional notice charge.
EPA is not responsible for loss caused solely by an event outside its reasonable control, but this clause does not remove any non-excludable consumer right or EPA’s obligation to act reasonably.
10. Participant behaviour and safety
Participants must:
- Follow reasonable coach instructions and venue requirements
- Act safely and responsibly
- Treat other people, public spaces, venues and equipment with care and respect
- Comply with EPA’s applicable codes of conduct and safety policies
EPA may pause or end a participant’s involvement where behaviour presents a material safety risk or is persistently reckless, abusive or disruptive. Except where immediate action is needed for safety, EPA will explain the concern and give the participant or caregiver a reasonable opportunity to respond. Any decision about future fees or refunds will be made fairly and consistently with consumer law.
11. Damage to property
A participant or their parent/legal guardian may be responsible for the reasonable cost of repairing damage caused intentionally or through reckless conduct. EPA will provide details of the damage and the reasonable cost claimed. This clause does not apply to ordinary wear and tear, accidental damage not caused by a failure to take reasonable care, or damage caused by defective equipment or inadequate supervision.
12. Health information and inherent risk
Parkour involves physical activity and inherent risks, including falls, collisions, strains, sprains, fractures and other injury. EPA manages risk through coaching, progressions, equipment and supervision, but cannot eliminate every risk.
Participants and caregivers must provide information reasonably necessary for safe participation, including relevant health conditions, injuries, allergies, accessibility needs and emergency-contact details, and must advise EPA when that information changes.
Acknowledging inherent risk does not waive liability that cannot lawfully be excluded, including responsibility for failing to provide services with reasonable care and skill.
13. Photography and video
EPA will only use identifiable photographs or video of a child for promotional, marketing or public communication purposes where the child’s parent or legal guardian has given written opt-in consent. Consent is voluntary, may specify limits, and may be withdrawn for future use by written notice.
EPA will take reasonable steps to honour a withdrawal, but cannot guarantee removal of material already lawfully printed, distributed or shared by others before the withdrawal was received. Operational recording for safety, incident management or legal compliance will be handled only where lawful and necessary and in accordance with EPA’s Privacy Policy.
14. Privacy
EPA collects, uses, stores and discloses personal information in accordance with its Privacy Policy and the Privacy Act 2020. Enrolment and payment information may be processed through service providers including Hnry. Privacy enquiries may be sent to admin@evogymandparkour.com or made through EPA’s public phone number shown on its website.
15. Changes to these terms or services
EPA may update these terms or make reasonable changes to fees, timetables, venues or service delivery. EPA will give members reasonable advance written notice of a material change, explain when it takes effect and, where the change materially disadvantages a member, allow them a reasonable opportunity to cancel before it takes effect without an additional cancellation charge.
An immediate change may be made where reasonably necessary for safety, legal compliance or circumstances outside EPA’s control. EPA will notify members as soon as reasonably practicable. A change will not operate retrospectively to remove an accrued right or remedy.
16. Contact, concerns and disputes
Questions, cancellation notices, privacy requests or concerns should be sent to admin@evogymandparkour.com or raised through EPA’s public phone number shown on its website. EPA will try to resolve concerns promptly and fairly.
If a concern cannot be resolved directly, the member may seek independent advice or use any dispute-resolution or statutory process available under New Zealand law.
