Terms and Conditions
WSAC-terms-and-conditions.pdf(PDF, 232KB)
1. INTRODUCTION
1.1 These Terms and Conditions constitute a legal agreement between the Member and the Rural City of Wangaratta (RCoW)
1.2 The purpose of these Wangaratta Sports and Aquatic Centre (WSAC) Terms and Conditions is to establish a safe environment for all WSAC Members, Visitors and Staff Members.
1.3 These Terms and Conditions form part of your membership agreement with WSAC. By signing up to a membership or visiting the Centre you agree to be bound by the Terms and Conditions.
1.4 It is important that you read and understand the Terms and Conditions before becoming a member and/or visiting the Centre.
2. DEFINITIONS
In these Terms and Conditions, the following words shall have the corresponding meaning:
Inappropriate Behaviour includes all behaviours referred to in clause 4 of these Terms and Conditions, along with other conduct reasonably deemed to be unwarranted or interpreted as demeaning or offensive.
Medical Certificate means an official document written and signed by an authorised medical professional, clearly outlining dates of coverage.
Member means a member of the WSAC.
Membership means a membership of the WSAC.
Membership Fees and Charges means the membership fees and charges applicable to a membership as set out in the Membership Agreement Form and amended from time to time by WSAC.
RCoW means the Wangaratta Rural City Council.
Staff Member means an employee of RCoW.
Terms and Conditions means these Terms and Conditions, as amended from time to time.
Visitor mean a person who is not a Member or Staff Member and accesses WSAC as a guest.
we or our means the Wangaratta Sports and Aquatic Centre and Wangaratta Rural City Council (which are one and the same), and any representative.
WSAC or Centre means the Wangaratta Sports and Aquatic Centre.
you or your means any person who has become a Member or accesses the Centre as a Visitor.
3. GENERAL
3.1 RCoW and the WSAC are committed to upholding RCoW’s Community Promise.
3.2 All Members and Visitors agree to:
a) comply with these Terms and Conditions at all times;
b) obey all signage across the Centre;
c) comply with all reasonable requests and directions from Staff Members;
d) behave appropriately in all engagements with others while at the Centre;
e) ensure they do not obstruct or interfere in the operations of the Centre, or the enjoyment of the centre by other visitors and members.
3.3 Any breach of these Terms and Conditions will be subject to action in accordance with these Terms and Conditions and RCoW and WSAC policies (as applicable).
3.4 We reserve the right to restrict or refuse access, or terminate the membership of, any Member in the event of a breach of these Terms and Conditions.
3.5 We reserve the right to make changes to the Centre at our discretion, this may include changes to opening hours, class programming and equipment.
3.6 You acknowledge that you are responsible for your own health and safety and use the facilities at the Centre at your own risk. If you have a medical condition which may impact your ability to use the facilities, it is your responsibility to consult your doctor and follow medical advice.
4. STANDARDS OF CONDUCT
4.1 We expect that Members and Visitors will behave appropriately and safely towards Staff Members and others in the Centre, at all times. Inappropriate behaviour will not be tolerated and may result in the suspension or termination of your membership.
4.2 If we determine that your behaviour (at any given time) is inappropriate or unsafe, you may be required to leave the Centre. If you refuse a request to leave, security and/or the police may be called.
4.3 You agree that you will not:
a) engage in any behaviour that may result in injury to another person;
b) engage in aggressive, threatening or harassing behaviour;
c) use offensive, abusive or threatening language;
d) engage in disorderly, disruptive or anti-social behaviour, including behaviour which would reasonably be considered to embarrass another person (such as commenting on a person’s appearance);
e) damage or attempt to damage Centre equipment; and f) steal or attempt to steal property of the Centre or of another person.
4.4 All Members and Visitors must wear suitable clothes and shoes whilst in the Centre. Clothes or tattoos which contain explicit, violent, hateful, or discriminatory language or imagery are not permitted to be visible in the Centre.
4.5 Smoking, vaping and the consumption of non-medicated drugs on the Centre premises is strictly prohibited. Alcohol may only be consumed if attending an alcohol-licenced event. Any Member or Visitor considered to be under the influence of drugs or alcohol will be refused entry or required to leave the Centre.
4.6 You must not use cameras in the Centre without our express permission. Taking photos or videos of other people without their consent will not be tolerated and serious cases will be referred to the police.
4.7 You must not enter the Centre if you have an infectious medical condition. Members or Visitors who appear unwell may be refused entry or required to leave the premises.
TERMS AND CONDITIONS - MEMBERSHIP
5. PAYMENTS
5.1 As a condition of your membership, you agree to pay all Membership Fees and Charges until your Membership ends in accordance with these Terms and Conditions.
5.2 Membership Fees and Charges are to be paid in the instalment amount and frequency as set out in Rural City of Wangaratta’s Fees and Charges and may be adjusted from time to time.
5.3 We will debit your nominated account for the amount and frequency of payments in advance as agreed in your WSAC Membership Agreement Form, or any later amendment.
5.4 WSAC nominates the day of your debit. If this day falls on a public holiday, we will debit your account on the next business day.
5.5 It is your responsibility to have clear funds in your account on the due date of the direct debit. If you do not, an admin bank fee will be added to your account each time your payment is rejected. This is subject to any CPI increases as applicable, and is a bank charge, therefore not waivable.
5.6 If your account falls into arrears and you are denied access, you are responsible for payment of the debt and any continuing membership fees.
5.7 It is your responsibility to advise us if the account nominated by you for direct debit drawings is transferred or closed.
5.8 It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the direct debit drawing.
6. CONCESSION MEMBERSHIPS
6.1 Concession discount is available for most membership types, upon presentation of an appropriate concession card or full-time student card. Full details of accepted concession cards and eligible concession memberships can be obtained from the Centre.
6.2 Holders of concession memberships are required to present current evidence of concession status at reception on their first visit to the Centre.
6.3 If your concession status changes, you must provide updated concession information to us within 7 days of the change. Failure to do so will result in your Membership Fees and Charges automatically reverting to the appropriate non-discounted price.
7. SUSPENSION OF MEMBERSHIP BY YOU
7.1 Memberships, with the exception of Learn To Swim memberships, may be suspended for a minimum of 2 weeks and up to 8 weeks per year at no cost.
7.2 Additional suspensions beyond 8 weeks per year will be considered by exception, on presentation of a medical certificate.
7.3 A request must be lodged in writing by completing the Online Suspension Form located on the WSAC website. All requests must be lodged in writing and will not be accepted verbally.
7.4 All requests must be lodged a minimum of three business days prior to the start date of the requested suspension and the first proposed non/reduced instalment payment date.
7.5 At the conclusion of a suspension period and in the absence of a suspension extension request (that complies with clause 7.1), you will be notified, and your Membership will automatically recommence.
7.6 No refund will be provided if you choose to cancel your direct debit Membership while your Membership is suspended.
8. CANCELLATION OF MEMBERSHIP BY YOU
8.1 A request to cancel your Membership must be lodged by completing the cancellation form located on the WSAC website. All requests must be lodged in writing and will not be accepted verbally.
8.2 All outstanding Membership Fees and Changes must be paid in full prior to the cancellation of any Membership. 8
8.3 A minimum notice period of 14 days must be given for any cancellation request, otherwise, the next instalment payment will be deducted in full.
8.4 You will be entitled to your normal access to the Centre until the end of the final payment period.
8.5 WSAC reserves the right to cancel your membership if two or more drawings are returned unpaid by your nominated Financial Institution.
8.6 New memberships are subject to a cooling off period, entitling the member to a full refund within 7 days of signing up, providing the centre has not been accessed in that time.
9. REFUNDS
9.1 All Membership Fees and Charges (including fobs) and Learn to Swim lessons are non-refundable.
9.2 Visit Passes are non-refundable but may be transferable, subject to our prior approval.
9.3 From time to time, we may need to close area/s of the Centre or take equipment offline. In these circumstances, no refunds will be applied.
9.4 Refunds will not be available due to non-attendance.
9.5 Cash refunds will not be available at front reception or café at any time.
10.SUSPENSION & CANCELLATION OF LEARN TO SWIM MEMBERSHIPS
10.1 Suspensions are only available for medical reasons with a valid medical certificate, for 2 weeks and up to a maximum of 5 weeks, which must be presented in writing at the time of illness by contacting learntoswim@wangaratta.vic.gov.au.
10.2 Charges for Learn to Swim memberships are ongoing. If you do not wish to continue, Learn to Swim memberships can be cancelled at any time, allowing 14 days’ notice in writing by contacting learntoswim@wangaratta.vic.gov.au. Your child’s place in the Learn To Swim program is not guaranteed if you cancel their membership. Classes are subject to availability, and you may be added to a waitlist.
11. DISHONOURED PAYMENTS
11.1 Should your payment be dishonoured, you will be notified by SMS or email. Admin fees will be applied to dishonoured payments.
11.2 Any outstanding amounts are to be paid in person at reception or online via the Membership Portal.
11.3 Access to the Centre’s facilities will be denied until outstanding amounts are paid in full. Membership fees may still be charged during this period, unless a cancellation or suspension form has been completed.
11.4 In the event of payments being dishonoured on two occasions with an outstanding amount remaining unpaid, your Membership or Learn To Swim membership may be cancelled.
11.5 Full payment of outstanding fees is required before re-joining WSAC as a Member
12.ADDITIONAL RESPONSIBILITIES
12.1 You are responsible for ensuring:
a) that your nominated bank account or credit card can accept direct debits.
b) that the authorisation given to draw on your nominated account is identical to the account signing instruction held by the relevant Financial Institution; and 10
c) WSAC is promptly notified of any changes to your personal details (debit details or contact details), via the online member portal.
13.INCREASE IN FEES AND CHANGE OF TERMS
13.1 We may change Membership Fees and Charges at our discretion from time to time. We will notify you of any changes in writing, and will provide you at least 28 days notice. More information about fees and charges can be found on WSAC’s website.
14.SUSPENSION AND TERMINATION OF MEMBERSHIP; REFUSAL OF ENTRY
14.1 If we believe that you have breached these Terms and Conditions, we may, at our option:
a) provide you with a warning notice indicating the nature of the breach, the requirement to rectify it and potential consequences if the breach is not rectified;
b) direct you to leave the Centre and not return for a set period of time;
c) restrict your access to the Centre; With approval from the RCOW Chief Executive Officer we may also: suspend your Membership for a set period of time; or terminate your Membership.
14.2 In exercising our rights under clause 14.1, we will at all times:
a) act reasonably and fairly;
b) take into consideration the safety and wellbeing of all Members, Visitors and Staff Members; and
c) act in accordance with any applicable RCoW policies and procedures.
14.3 We may exercise any of the rights in clause 14.1 at any time, in response to the relevant breach, conduct or behaviour. For example, in extreme or repeated circumstances of Inappropriate Behaviour we may elect to direct you to leave the centre immediately, without first issuing a warning or exercising any of the other options available to us.
15.DISPUTE RESOLUTION
15.1 All general feedback and complaints can be logged through our Customer Request Management System under the feedback tab on our website Home Wangaratta Sports & Aquatic Centre (wsac.vic.gov.au).
15.2 All disputes regarding a direct debit payment should be referred to WSAC in person, by telephone 03 5722 1723 or email wsac@wangaratta.vic.gov.au or via your nominated Financial Institution.
15.3 Any disputes relating to the application of other aspects of these Terms & Conditions, including any decision to restrict or refuse membership or access to the Centre, should be addressed to council’s Governance team, via RCOW’s main email council@wangaratta.vic.gov.au, by telephone 03 5722 0888, or by visiting the main customer service desk at 62-68 Ovens Street, Wangaratta. Such disputes will be resolved in accordance with RCoW’s Governance policies.
16.PRIVACY
16.1 WSAC acknowledges and respects the privacy of individuals. RCoW’s Collection Statement outlines that your personal information is being collected by WSAC for the purpose of processing your membership or enrolment and financial institution payments if applicable.
16.2 WSAC uses a range of mediums to communicate with its members including, but not exclusive to email, SMS, telephone and social media. By joining or enrolling in a program, you will receive communications from the WSAC from time to time to update you on matters relating to your membership, and the Centre in general.
16.3 Your information will be stored in RCoW’s Customer Databases and used to identify you when communicating with Council and for the delivery of services and information. For further information on how your personal information is handled, refer to RCoW’s Privacy Policy at Policies Rural City of Wangaratta.
17.LIABILITY
To the extent permitted by law:
17.1 We exclude any liability to you, under contract, tort, statute or in any other way for any injury, damage, loss, charge or expense of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained or incurred by you (and/or your child), arising from or in connection with your access or use of the Centre or these Terms and Conditions.
17.2 We are not liable for any personal property that is damaged, lost or stolen while in or around the Centre.
17.3 If you cause damage to the Centre or any of its equipment, you are liable to us for the cost of its repair or replacement.
18.AGE
18.1 All areas of the Centre are subject to age restrictions which are to be adhered to at all times. Children under the age of 10 using the aquatic facilities must be actively supervised by a reasonable person 16 years of age or over, approved by the child’s parent or guardian.
18.2 We may impose access restrictions to certain areas of the Centre based on age. Please read and comply with Watch Around Water guidelines at all times: https://lsv.com.au/aquatic-industryservices/watch-around-water/
18.3 Children of 13-17 years of age may become members of the Centre, subject to parent/guardian written approval.
18.4 When a qualified Gym staff member is not present, children 13-15 years of age may only enter the gym under the direct supervision of an adult / guardian aged 18+, provided this is still within WSAC staffed hours.
18.5 Children 16-17 years of age may attend the gym unsupervised provided this is still within WSAC staffed hours.
18.6 Children are not permitted to access the centre outside of WSAC staffed hours.
18.7 The parent or guardian of any person under 18 years of age is responsible for the conduct of that person and is liable for any damage that occurs as a result of that person’s conduct.
19.ACCESS
19.1 Upon each visit to the Centre, Members must identify themselves by checking in at reception or scanning their membership card at the turnstile.
19.2 If you misplace your Membership card there will be a fee charged for replacement.
19.3 Entry may be refused for Members who do not identify themselves at reception.
20.24-HOUR GYM ACCESS
20.1 The Centre’s gym is accessible 24 hours a day, 7 days a week to Members with the applicable access.
20.2 A 24/7 Induction must be completed prior to access being granted.
20.3 All Members must scan their own card on entry. One entry per membership scan.
20.4 Visitor and Under 18 access is not allowed outside of the advertised opening hours.
20.5 You acknowledge that you continue to be subject to these Terms and Conditions when utilising the Centre outside of the main staffed hours. You also acknowledge that you have completed the required 24-hour access induction; understand and accept the associated risks of using the gym unsupervised; agree to use the facility responsibly and in accordance with the safety protocols outlined during the induction; understand that the Centre operates safety measures during unstaffed hours, including surveillance, and emergency procedures; and that entry and use of the facility outside of regular staffed hours is at your own risk, to the extent permitted by law.
21.CONTACT DETAILS
21.1 It is your responsibility to keep your contact details and payment details up to date and inform the centre promptly of any changes.
21.2 It is your responsibility to review notifications from the WSAC regarding any changes to your Membership, Terms and Conditions, or Fees and Charges. This communication will typically be sent by email.
21.3 The WSAC will not provide refunds or discounts due to failure to comply with the above.
22.VARIATION OF THESE TERMS AND CONDITIONS
22.1 We may make changes to these Terms and Conditions from time to time.
22.2 Members will be advised of changes to the Terms and Conditions via an email sent to each Member’s email address, as provided to the Centre.
22.3 The most current and up-to-date copy of these Terms and Conditions will be available on WSAC’s website.
23.ASSIGNMENT
23.1 We may, at any time, assign our rights and obligations under these Terms and Conditions to a third party.