an elite human performance and wellness consultancy, where data meets Humans to elevate individuals and teams

TERMS OF SERVICE

EVO Exercise Science (Pty) Ltd
Registration Number: 2026/153412/07
Last Updated: 13th of March 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between EVO Exercise Science (Pty) Ltd (“EVO”, “the Company”, “we”, “our”, or “us”) and any individual or entity accessing or using the Company’s services, platforms, training programs, coaching services, or website (“Client”, “Athlete”, “User”, or “you”).

By accessing the website, enrolling in services, signing onboarding documentation, authorising electronic payment mandates, or participating in any service offered by EVO, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Company’s services.

Where the Athlete is under the age of eighteen (18), these Terms must be accepted by the Athlete’s Parent or Legal Guardian, who accepts full legal and financial responsibility on behalf of the minor.

 

1. COMPANY INFORMATION AND SERVICE DESCRIPTION

EVO Exercise Science (Pty) Ltd is a private sports performance and coaching organisation providing science-based endurance coaching, training programme design, athlete monitoring, mentorship, education, and related performance support services.

Services provided by EVO may include, but are not limited to:

  • Individualised training programme development
  • Remote coaching and athlete monitoring
  • Data analysis and performance feedback
  • Athlete development programmes and mentorship
  • Training education and workshops
  • Race strategy consultation
  • Performance testing and evaluation
  • Digital coaching support and communication
  • Services may be delivered:
  • remotely through digital platforms,
  • through online communication systems, or
  • in person where applicable.

 

EVO reserves the sole and exclusive right to determine the structure, format, delivery method, and scope of its services.

Nothing in these Terms shall be interpreted as guaranteeing athletic performance outcomes, race results, team selection, scholarship opportunities, or any other competitive achievement.

 

2. ELIGIBILITY AND LEGAL CAPACITY

Participation in EVO services is permitted only where the Client has legal capacity to enter into a binding agreement.

By accepting these Terms, the Client represents and warrants that:

  • They are at least eighteen (18) years of age; or
  • They are the Parent or Legal Guardian of the Athlete and are authorised to accept these Terms on behalf of the minor.
  • Where the Athlete is under eighteen (18):
  • The Parent or Legal Guardian assumes full legal responsibility for the Athlete’s participation.
  • The Parent or Legal Guardian accepts financial liability for all fees and charges.
  • The Parent or Legal Guardian confirms authority to consent to physical training participation.

EVO reserves the right to request proof of guardianship or identity where necessary.

 

3. NATURE AND LIMITATIONS OF SERVICES

EVO provides educational, coaching, and performance support services designed to assist athletes in structuring and managing training programs.

These services are advisory in nature and are based on available athlete information, training data, and standard exercise science principles.

EVO does not provide:

  • medical diagnosis
  • clinical rehabilitation
  • physiotherapy treatment
  • nutritional therapy or medical nutrition services
  • psychological counselling or therapy

All advice provided by EVO is intended for training and performance guidance only.

Clients acknowledge that:

  • individual responses to training vary;
  • external factors affect performance outcomes;
  • training compliance is the responsibility of the athlete.

EVO makes no representation or warranty that participation will result in specific performance improvements.

 

4. MEDICAL FITNESS AND HEALTH DISCLOSURE

Participation in structured training programmes requires an appropriate level of physical health.

By accepting these Terms, the Client confirms that:

  • They are physically capable of participating in endurance sport and physical training;
  • They have disclosed all relevant injuries, illnesses, medical conditions, or medications that may affect participation;
  • They will immediately notify EVO of any health changes that could affect training safety.

Clients further acknowledge that:

  • EVO does not conduct medical examinations;
  • medical fitness is the responsibility of the Client.

EVO reserves the right to require medical clearance from a licensed healthcare professional at any time where safety concerns arise.

Failure to provide accurate health information may result in immediate suspension of services.

 

5. ASSUMPTION OF RISK

Participation in endurance sport, training programmes, cycling, and physical conditioning involves inherent risks.

These risks include, but are not limited to:

  • musculoskeletal injury
  • overtraining or fatigue
  • accidents during training or competition
  • collisions or road hazards
  • environmental exposure
  • equipment malfunction
  • illness or medical events

 

By participating in EVO services, the Client acknowledges and voluntarily accepts all risks associated with athletic training and competition.

Participation in all training activities occurs entirely at the Client’s own risk.

Clients are solely responsible for ensuring:

  • safe training environments
  • appropriate equipment maintenance
  • compliance with road safety laws and regulations.

 

6. LIMITATION OF LIABILITY

To the fullest extent permitted under South African law, EVO Exercise Science (Pty) Ltd, its directors, employees, contractors, coaches, mentors, and representatives shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from participation in services.

 

This limitation includes damages arising from:

  • personal injury
  • property damage
  • loss of income
  • loss of training opportunities
  • race or competition incidents
  • reliance on coaching advice
  • This limitation applies whether claims arise in contract, negligence, or otherwise.

Nothing in these Terms excludes liability for gross negligence or intentional misconduct where such exclusion is prohibited by law.

 

7. CLIENT RESPONSIBILITIES

Clients agree to fulfil the following obligations:

  • Follow training guidelines responsibly and within personal limits
  • Maintain appropriate training equipment and safety standards
  • Record training data accurately where required
  • Communicate injuries, illness, or training disruptions promptly
  • Participate honestly and in good faith within the coaching process
  • Clients acknowledge that failure to provide accurate information may compromise coaching effectiveness and safety.

EVO shall not be responsible for consequences arising from inaccurate or incomplete athlete information.

 

8. TRAINING DATA AND DIGITAL PLATFORMS

EVO utilises third-party performance platforms including **TrainingPeaks and similar digital tools for training analysis and programme delivery.

Clients acknowledge that:

  • training data is collected and analysed for coaching purposes;
  • data accuracy depends on proper device usage and syncing by the Client;
  • third-party systems may experience downtime or technical failure.

EVO shall not be responsible for errors or service interruptions caused by third-party software providers.

 

9. PAYMENT TERMS AND ELECTRONIC MANDATES

Participation in EVO services requires payment of applicable service fees.

Fees may be collected via:

  • authorised electronic debit mandates (including DebiCheck systems),
  • online payment gateways,
  • electronic funds transfer (EFT), or
  • other approved payment methods.

By enrolling in services, the Client authorises EVO to collect recurring payments in accordance with the approved payment mandate.

Clients agree that:

  • fees are payable in advance unless otherwise specified;
  • failure to maintain payment authorisation constitutes a material breach of contract.

EVO reserves the right to suspend or terminate services where payment obligations are not met.

 

10. CANCELLATION AND TERMINATION

Clients may terminate services by providing written notice in accordance with the applicable service agreement.

EVO may terminate or suspend services immediately where:

  • payment obligations are not met;
  • the Client breaches these Terms;
  • the Client engages in abusive or unsafe conduct;
  • participation poses a safety risk.

Termination does not extinguish outstanding payment obligations incurred prior to termination.

 

11. INTELLECTUAL PROPERTY

All intellectual property created, distributed, or used by EVO remains the exclusive property of the Company.

This includes:

  • training methodologies
  • program structures
  • educational materials
  • written content
  • branding and logos

Clients may not reproduce, distribute, or commercially exploit such materials without prior written consent from EVO.

Unauthorised use may result in legal action.

 

12. PRIVACY AND DATA PROTECTION

EVO collects and processes personal information in accordance with the **Protection of Personal Information Act.

Personal data may include:

  • identity information
  • contact details
  • health disclosures
  • training performance data
  • payment information

Data is collected solely for purposes including:

  • service delivery
  • athlete monitoring
  • communication
  • legal compliance

EVO implements reasonable safeguards to protect personal data from unauthorised access.

For more information regarding how EVO collects, processes, and protects personal information, please refer to our Privacy Policy available on our website.

 

13. COMMUNICATION AND CONDUCT

Clients agree to maintain respectful and professional communication with EVO staff and representatives.

Abusive, threatening, or inappropriate conduct will not be tolerated and may result in immediate termination of services.

Carriers are not liable for delayed or undelivered messages.

Communication channels may include:

  • Email
  • SMS messaging messaging platforms
  • training platforms
  • scheduled calls
  • other digital communication tools used for service delivery

 

14. THIRD-PARTY SERVICES

EVO may utilise third-party platforms and service providers for payment processing, training analytics, communication, and digital infrastructure.

EVO shall not be liable for service interruptions or failures caused by third-party systems beyond the Company’s control.

 

15. FORCE MAJEURE

EVO shall not be liable for delays or failure to perform services due to circumstances beyond reasonable control, including but not limited to:

natural disasters

government restrictions

technological outages

public health emergencies

infrastructure failures.

 

16. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any disputes arising from these Terms shall fall within the jurisdiction of the competent courts of South Africa.

 

17. MODIFICATION OF TERMS

EVO reserves the right to amend these Terms at any time.

Updated Terms shall be published on the Company’s website and shall become effective upon publication.

Continued use of services following publication constitutes acceptance of the updated Terms.

 

18. CONTACT INFORMATION

All legal or contractual enquiries may be directed to:

EVO Exercise Science (Pty) Ltd
Email: james@evoexsci.com
Website: www.evoexsci.com

 

19. ACCEPTANCE OF TERMS

By accessing the EVO website, enrolling in coaching services, signing onboarding agreements, or authorising payment mandates, the Client confirms that:

they have read and understood these Terms;

they agree to be legally bound by them;

where applicable, they accept these Terms on behalf of a minor Athlete.

 

20. SMS COMMUNICATIONS

EVO Exercise Science may communicate with clients and prospective clients via SMS (text messaging) for service-related purposes.

SMS communications may include:

  • Consultation confirmations
  • Appointment reminders
  • Coaching service updates
  • Training program notifications
  • Customer support responses

SMS messages are sent only to individuals who have explicitly opted in by providing their phone number through EVO’s website forms, consultation booking pages, or other approved opt-in mechanisms.

Message frequency varies depending on the client’s interaction with EVO services.

Standard message and data rates may apply according to the client’s mobile carrier.

 

21. SMS OPT-OUT AND USER CONTROL

Clients may opt out of receiving SMS communications from EVO Exercise Science at any time.

To stop receiving SMS messages, the recipient may reply:

'STOP'

to any message received.

After sending the 'STOP' command, the user will no longer receive SMS messages from EVO unless they re-subscribe.

For assistance, users may reply HELP or contact EVO directly at:

james@evoexsci.com

 

22. SMS DATA PROTECTION

EVO Exercise Science does not sell, rent, or share SMS opt-in data or phone numbers with third parties for marketing or promotional purposes.

Phone numbers collected for SMS communication are used solely for communication between EVO Exercise Science and the individual who provided the number.

SMS consent information is not shared with external organisations except where required for the delivery of messaging services through secure service providers.

 

END.