Terms and Conditions as of 13 October 20161. Overview
In this Membership Agreement “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2 We operate the Facility.
1.3 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this.
2. Membership Agreement
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your membership of the Facility under this Membership Agreement:
2.2.1 Is subject to the terms and conditions of this Membership Agreement;
2.2.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.2.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.2.4 Is not transferrable to another person.
2.2.5 Cannot be shared with another person.
2.3 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.
3. Duration of your membership
3.1 This Membership Agreement will commence on the Start Date.
3.2 Expiry
3.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.
4. Cooling off period
4.1 The cooling off period for memberships is seven days from when the agreement is signed.
4.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling off period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3. If you terminate this Membership Agreement during the Cooling off period under clause 4.1:
4.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
4.4. If you do not terminate this Membership Agreement during the Cooling off period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.
5. Changes to your membership
5.1 Changes to this Membership Agreement
5.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
5.1.3 If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5 If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6 If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement.
5.2 Changes to Facilities
5.2.1 We may change all or part of the Facility at any time, including by:
a)adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b) change the name of the Facility; and
c) temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
5.2.2 Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.
5.3 Changes to your Membership Type
5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.
6. Payments
6.1 Fees
6.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront; and
b) the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.
6.2 Direct Debit
6.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
6.3 Changes to Payment Method and payment details.
If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.
6.4 Payment Method Fees
If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
6.5 Other charges
6.5.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.
6.6 Refunds
We are under no obligation to refund money you have paid to us, expect as expressly set out in this Membership Agreement.
6.7 Dishonoured payments
If your Payment Method fails for any reason:
6.7.1 We will suspend your account as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured.
6.7.2 You will be charged a $10.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3 You must pay us on demand all resulting fees and charges; and
6.7.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.
6.8 GST
6.8.1 Your fees are inclusive of goods and services tax (GST).
6.8.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.
6.9 Adjustment to Fees
6.9.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving your at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2 You:
a) must pay any adjusted Fees from the date the adjustment takes effect; and
b) authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3 An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3
7. Your Membership Obligations
7.1. Facility Rules
You must;
7.1.1 Comply with the Facility Rules at all times;
7.1.2 Comply with instructions given by our staff in relation to the Facility;
7.1.3 Not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4 Not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.
8. Access
8.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2 In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) is inconsistent with the Facility Rules;
b) is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3 Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.
8.2 Fitness programs and recommended activities
8.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.
8.3 Medical
You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.
8.4 Programs and activities run by third parties
From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1 We are not responsible for any such goods or services;
8.4.2 You must pay these providers directly for any such goods of services; and
8.4.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.
8.5 Emergencies and natural disasters
8.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including to provide and coordinate support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.
9. Suspension of your membership
9.1. Suspension by you
9.1.1. You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods not exceeding a total of 12 weeks in each calendar year by giving us at least 10 Business Days’ written notice.
9.1.2. We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3. You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.
9.1.4. If this Membership Agreement includes Swimming Lessons, you cannot suspend your Swimming Lessons at any time during the 48 week program, even if you provide us with a medical certificate. Spaces in classes will not be held for members at any time.
9.2. Suspension by us
9.2.1. We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2. If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3. If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4. If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5. If you breach any term of this Membership Agreement, and either;
9.2.6. You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7. The breach is incapable of being remedied; or
9.2.8. If the facility is unavailable or unfit for use, including during an Emergency Period.
9.3. Effect of Suspension
9.3.1. During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c) You will pay the Suspension Fees for the Suspension Period.
9.3.2. We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3. If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4. If your Membership Type if Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.
10. Termination of your membership
10.1. Termination by you
You may terminate Membership Agreements:
10.1.1. If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2. If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception.;
10.1.3. Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4. Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5. Otherwise with our agreement in writing, which we may provide in our absolute discretion.
10.2. Termination by us
We may terminate your Membership Agreement giving you written notice:
10.2.1. If you fail to pay the Fees (or any instalment of Fees) when due;
10.2.2. If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3. If you breach any term of this Membership Agreement, and either;
10.2.4. You do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5. The beach is incapable of being remedied, or;
10.2.6. If the Facility is unavailable or unfit for use.
10.3. Effect of termination
If this Membership Agreement is terminated:
10.3.1. By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee;
10.3.2. By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3. By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4. By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5. By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Cancellation Fee.
10.3.6. If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7. By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
10.4. Liability
By signing this Membership Agreement, you:
10.4.1. Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2. Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3. Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4. You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5. This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.
11. Disputes and complaints
11.1. If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2. We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
12. Privacy
12.1. We will have access to personal information about you, such as your name and address.
12.2. We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3. We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.
13. Notices
13.1. Your contact details
13.1.1. Your contact details are set out in the Membership Form under Membership Details.
13.1.2. You must give us written notice of any changes to your contact details.
13.1.3. If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.
13.2. Notices from you to us
13.2.1. You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2. By hand delivery to the Facility; or
13.2.3. By email to
memberships@cockburnarc.com.au;
14. Notices from us to you
14.1. We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).
15. Miscellaneous
15.1. Governing Law
15.1.1. This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.
15.2. Lockers
15.2.1. Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
15.2.2. The locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
15.2.3. We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
16. Membership Identification
16.1 A photo is required at the time of joining to verify the identity of the membership holder.
16.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
17. Swim School
17.1 Suspensions
17.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
17.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.
17.2 Swim School Cancellation
17.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.
17.3 Public Holiday
17.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.
17.4 Inclusions/Exclusions
17.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
17.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
17.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
17.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
17.4.5 Waterslide entry is not covered by a swim school membership
17.4.6 Makeup lessons will not be offered at any time.
18. Service Disruption
18.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.
19. Visit Passes
19.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
19.2 Multi visit passes are non-refundable;
19.3 Multi visit passes expire 12 months from the date of activation;
19.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
19.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use.
Membership Terms and Conditions Cockburn Aquatic & Recreation Centre (ARC)Overview
In this Membership Agreement
1.1 “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2 We operate the Facility.
1.3 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement
2. Your Membership
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your Membership Type refers to the membership type you have selected and the conditions for that type found at www.cockburnarc.com.au/About/Terms-and-Conditions
2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.3.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 Cannot be shared with another person.
2.4 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.
3. Duration of your membership
3.1 Commencement This Membership Agreement will commence on the Start Date.
3.2 Expiry 3.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.
3.3 Minimum Term 3.3.1 All memberships have a minimum contractual term:
- Lifestyle memberships are ongoing memberships with a 6 month minimum term
- Flexi memberships are ongoing with a 28 day minimum term.
4. Cooling Off Period
4.1 The cooling off period for memberships is seven days from when the agreement is signed.
4.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1:
4.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
4.4 If you do not terminate this Membership Agreement during the Cooling Off Period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.
5. Changes to your membership
5.1 Changes to this Membership Agreement 5.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
5.1.3 If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5 If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6 If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement
5.2 Changes to Facilities 5.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b) Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.
5.3 Changes to your Membership Type 5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.
6. Payments
6.1 Fees 6.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.
6.2 Direct Debit 6.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
6.3 Changes to Payment Method and payment details. 6.3.1 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.
6.4 Payment Method Fees 6.4.1 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
6.5 Other charges 6.5.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.
6.6 Refunds 6.6.1 We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.
6.7 Dishonoured payments If your payment method fails for any reason;
6.7.1We will suspend your account from facility access as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured
6.7.2 You will be charged a $10.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3 You must pay us on demand all resulting fees and charges; and
6.7.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.
6.8 GST 6.8.1 Your fees are inclusive of goods and services tax (GST).
6.8.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.
6.9 Adjustment to Fees 6.9.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b) Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3 An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3.
7. Your Membership Obligations
7.1 Facility Rules You must;
7.1.1 comply with the Facility Rules at all times;
7.1.2 comply with instructions given by our staff in relation to the Facility;
7.1.3 not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.
8. Your Obligations
8.1 Access 8.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2 In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3 Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.
8.2 Fitness programs and recommended activities 8.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.
8.3 Medical You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.
8.4 Programs and activities run by third parties From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1 We are not responsible for any such goods or services;
8.4.2 You must pay these providers directly for any such goods of services; and
8.4.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.
8.5 Emergencies and natural disasters 8.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.
9. Suspension of your membership
9.1 Suspension by you 9.1.1 You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.
9.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.
9.2 Suspension by us 9.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4 If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5 If you breach any term of this Membership Agreement, and either;
9.2.6 You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7 The breach is incapable of being remedied; or
9.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.
9.3 Effect of Suspension 9.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c) You will pay the Suspension Fees for the Suspension Period.
9.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3 If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4 If your membership type is Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.
10. Termination of your membership
10.1 Termination by you You may terminate Membership Agreements:
10.1.1 If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2 If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception.;
10.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5 Otherwise with our agreement in writing, which we may provide in our absolute discretion.
10.2 Termination by us We may terminate Membership Agreement giving your written notice:
10.2.1 If you fail to pay the Fees (or any instalment of Fees) when due.
10.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3 If you breach any term of this Membership Agreement, and either;
10.2.4 If you do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5 The breach is incapable of being remedied, or;
10.2.6 If the Facility is unavailable or unfit for use.
10.3 Effect of termination If this Membership Agreement is terminated:
10.3.1 By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee
10.3.2 By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3 By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4 By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5 By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
10.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7 By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
10.4 Liability By signing this Membership Agreement, you:
10.4.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.
11. Disputes and complaints
11.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
12. Privacy
12.1 We will have access to personal information about you, such as your name and address.
12.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.
13. Notices
13.1 Your contact details 13.1.1 Your contact details are set out in the Membership Form under Membership Details.
13.1.2 You must give us written notice of any changes to your contact details.
13.1,3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.
13.2 Notices from you to us 13.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2 By hand delivery to the Facility; or
13.2.3 By email to
info@cockburnarc.com.au;
13.3 . Notices from us to you 13.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).
14. Miscellaneous
14.1 Governing Law 14.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.
14.2 Lockers 14.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
14.2.2 he locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
14.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
15. Membership Identification
15.1 A photo is required at the time of joining to verify the identity of the membership holder.
15.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
16. Swim School
16.1 Suspensions 16.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
16.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.
16.2 Swim School Cancellation 16.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.
16.3 Public Holiday 16.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.
16.4 Inclusions/Exclusions 16.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
16.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
16.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
16.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
16.4.5 Waterslide entry is not covered by a swim school membership
16.4.6 Makeup lessons will not be offered at any time.
17. Service Disruption
17.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.
18. Visit Passes
18.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
18.2 Multi visit passes are non-refundable;
18.3 Multi visit passes expire 12 months from the date of activation;
18.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
18.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use
Terms and Conditions as at 20 September, 2017Membership Terms and Conditions Cockburn Aquatic & Recreation Centre (ARC) Overview
In this Membership Agreement
1.1 “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2 We operate the Facility.
1.3 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement
2. Your Membership
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your Membership Type refers to the membership type you have selected and the conditions for that type found at www.cockburnarc.com.au/About/Terms-and-Conditions
2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.3.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 You acknowledge and agree that your membership access card, FOB or wristband cannot be shared with another person, friend or family member. If you breach this term you will be notified by us and be debited by our billing provider (Links Pay) an initial unauthorised entry fee of $50. Subsequent breaches will incur a $100 unauthorised entry fee and your membership may be cancelled.
2.4 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.
3. Duration of your membership
3.1 Commencement This Membership Agreement will commence on the Start Date.
3.2 Expiry 3.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.
3.3 Minimum Term 3.3.1 All memberships have a minimum contractual term:
- Lifestyle memberships are ongoing memberships with a 6 month minimum term
- Flexi memberships are ongoing with a 28 day minimum term.
4. Cooling Off Period
4.1 The cooling off period for memberships is seven days from when the agreement is signed.
4.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1:
4.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
4.4 If you do not terminate this Membership Agreement during the Cooling Off Period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.
5. Changes to your membership
5.1 Changes to this Membership Agreement 5.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
5.1.3 If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5 If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6 If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement
5.2 Changes to Facilities 5.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b)Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.
5.3 Changes to your Membership Type 5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.
6. Payments
6.1 Fees 6.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.
6.2 Direct Debit 6.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
6.3 Changes to Payment Method and payment details. 6.3.1 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.
6.4 Payment Method Fees 6.4.1 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
6.5 Other charges 6.5.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.
6.6 Refunds 6.6.1 We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.
6.7 Dishonoured payments If your payment method fails for any reason;
6.7.1We will suspend your account from facility access as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured
6.7.2 You will be charged a $10.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3 You must pay us on demand all resulting fees and charges; and
6.7.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.
6.8 GST 6.8.1 Your fees are inclusive of goods and services tax (GST).
6.8.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.
6.9 Adjustment to Fees 6.9.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b) Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3 An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3.
7. Your Membership Obligations
7.1 Facility Rules You must;
7.1.1 comply with the Facility Rules at all times;
7.1.2 comply with instructions given by our staff in relation to the Facility;
7.1.3 not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.
8. Your Obligations
8.1 Access 8.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2 In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3 Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.
8.2 Fitness programs and recommended activities 8.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.
8.3 Medical You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.
8.4 Programs and activities run by third parties From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1 We are not responsible for any such goods or services;
8.4.2 You must pay these providers directly for any such goods of services; and
8.4.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.
8.5 Emergencies and natural disasters 8.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.
9. Suspension of your membership
9.1 Suspension by you 9.1.1 You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.
9.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.
9.2 Suspension by us 9.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4 If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5 If you breach any term of this Membership Agreement, and either;
9.2.6 You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7 The breach is incapable of being remedied; or
9.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.
9.3 Effect of Suspension 9.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c) You will pay the Suspension Fees for the Suspension Period.
9.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3 If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4 If your membership type is Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.
10. Termination of your membership
10.1 Termination by you You may terminate Membership Agreements:
10.1.1 If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2 If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5 Otherwise with our agreement in writing, which we may provide in our absolute discretion.
10.2 Termination by us We may terminate Membership Agreement giving your written notice:
10.2.1 If you fail to pay the Fees (or any instalment of Fees) when due.
10.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3 If you breach any term of this Membership Agreement, and either;
10.2.4 If you do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5 The breach is incapable of being remedied, or;
10.2.6 If the Facility is unavailable or unfit for use.
10.3 Effect of termination If this Membership Agreement is terminated:
10.3.1 By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee
10.3.2 By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3 By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4 By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5 By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
10.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7 By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
10.4 Liability By signing this Membership Agreement, you:
10.4.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.
11. Disputes and complaints
11.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
12. Privacy
12.1 We will have access to personal information about you, such as your name and address.
12.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.
13. Notices
13.1 Your contact details 13.1.1 Your contact details are set out in the Membership Form under Membership Details.
13.1.2 You must give us written notice of any changes to your contact details.
13.1,3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.
13.2 Notices from you to us 13.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2 By hand delivery to the Facility; or
13.2.3 By email to
info@cockburnarc.com.au;
13.3. Notices from us to you 13.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).
14. Miscellaneous
14.1 Governing Law 14.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.
14.2 Lockers 14.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
14.2.2 The locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
14.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
15. Membership Identification
15.1 A photo is required at the time of joining to verify the identity of the membership holder.
15.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
16. Swim School
16.1 Suspensions 16.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
16.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.
16.2 Swim School Cancellation 16.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.
16.3 Public Holiday 16.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.
16.4 Inclusions/Exclusions 16.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
16.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
16.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
16.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
16.4.5 Waterslide entry is not covered by a swim school membership
16.4.6 Makeup lessons will not be offered at any time.
17. Service Disruption
17.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.
18. Visit Passes
18.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
18.2 Multi visit passes are non-refundable;
18.3 Multi visit passes expire 12 months from the date of activation;
18.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
18.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use
Membership Terms and Conditions as at Monday 9 March 20201. Overview
In this Membership Agreement
1.1 “You” means you, the member, as specified on the Membership Application form; and
1.2 “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.3 We operate the Facility.
1.4 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.5 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement.
2. Your Membership
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your Membership Type refers to the membership type you have selected and the conditions for that type found at
www.cockburnarc.com.au/About/Terms-and-Conditions 2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.3.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 You acknowledge and agree that your membership access card, FOB or wristband cannot be shared with another person, friend or family member. If you breach this term you will be notified by us and be debited by our billing provider (Links Pay) an initial unauthorised entry fee of $50. Subsequent breaches will incur a $100 unauthorised entry fee and your membership may be cancelled.
2.4 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.
3. Your Membership Access Band
3.1 You will need your membership access card, FOB or wristband to access the Facility after hours and must swipe this each time you use the facilities and services.
3.2 If you lose or forget your membership access band you may access the Facility during staffed operating hours by signing in at reception. You cannot ask or expect another person to let you into the Facility at any time.
3.3 You must not let anyone else into the Facility at any time or let anyone else use your membership access band. If you break this term you will be changed a fee in accordance with 2.3.5 and/or have your membership suspended or cancelled.
3.4 If your membership access band is lost or stolen you must notify us immediately and get a replacement in 14 days or you may be refused access to the Facility, A replacement fee applies.
4. Duration of your membership
4.1 Commencement
This Membership Agreement will commence on the Start Date.
4.2. Expiry
4.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
4.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.
4.3. Minimum Term
4.3.1 All memberships have a minimum contractual term:
- Lifestyle memberships are ongoing memberships with a 6 month minimum term
- Flexi memberships are ongoing with a 28 day minimum term.
5. Cooling Off Period
5.1 The cooling off period for memberships is seven days from when the agreement is signed.
5.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling off Period by giving us written notice. You must give us notice in accordance with clause 14.2.
5.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 5.1:
5.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
5.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
5.4 If you do not terminate this Membership Agreement during the Cooling off Period under clause 5.1, this Membership Agreement will continue in accordance with clause 2.
6. Changes to your membership
6.1 Changes to this Membership Agreement
6.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
6.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
6.1.3 If we change this Membership Agreement under clause 6.1.1 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 6.1.1, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
6.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 2.1.
6.1.5 If you terminate this Membership Agreement under clause 6.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination; and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
6.1.6 If you do not seek to terminate your membership in accordance with clause 6.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement.
6.2. Changes to Facilities 6.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b) Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 9.6).
6.2.2 Any change to the Facility as described in clauses 6.2.1(a) and 6.2.1(b) and, without limiting clause 9.6, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 6.1.3.
6.3. Changes to your Membership Type 6.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.
7. Payments
7.1 Fees
7.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
7.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees and any Suspension Fees, as varied in accordance with clause 7.10.1 and 7.10.2, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.
7.2. Direct Debit 7.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 7.10.1 and 7.10.2 in accordance with the Direct Debit Request Service Agreement.
7.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
7.3. Membership Access Band Fee 7.3.1 Your membership access band fee is payable at sign up, is required for your membership access and is non-refundable. If you need a replacement membership access band a replacement fee is applicable.
7.4. Changes to Payment Method and payment details 7.4.1.If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.
7.5. Payment Method Fees 7.5.1.If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
7.6. Other charges 7.6.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
7.6.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.
7.7 Refunds We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.
7.8 Dishonoured payments If your payment method fails for any reason;
7.8.1 We will suspend your account from facility access as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured.
7.8.2 You will be charged a $10.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
7.8.3 You must pay us on demand all resulting fees and charges; and
7.8.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.
7.9.GST 7.9.1Your fees are inclusive of goods and services tax (GST).
7.9.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.
7.10 Adjustment to Fees 7.10.1We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
7.10.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b)Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 7.10.1.
7.10.3 An increase of your Fees under clause 7.10.1 will not constitute a change with an adverse effect for the purpose of clause 6.1.3.
8. Your Membership Obligations
8.1 Facility Rules
You must:
8.1.1 comply with the Facility Rules at all times;
8.1.2 comply with instructions given by our staff in relation to the Facility;
8.1.3 not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
8.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.
9. Your Obligations
9.1.1 Access
9.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 9.6.
9.1.2 In addition to our rights under clause 10.2.2 and 11.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
9.1.3 Exercise of our rights under clause 9.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.
9.2. Fitness programs and recommended activities 9.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
9.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
9.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.
9.3. Medical You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.
9.4. Personal Safety 9.4.1 The Centre has an emergency board situated at the entrance to the health club change rooms. The emergency board has a first aid kit, defiblirator, emergency phone numbers and personal security alarm devices. These devices are used to alert security to a threat or medical issue in the gym outside staff hours.
9.4.2 If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of the inappropriate use.
9.4.3 During the event of an emergency, the centre emergency evacuation alarm will siren and you must exit the facility immediately and/or follow the direction of the security guard.
9.4.4 You must be cautious when entering, leaving and using the facility and you must wear personal alarm lanyards when appropriate, for example, if exercising alone or outside of staffed hours.
9.4.5 You agree to follow any reasonable direction of Centre staff, including security relating to health, safety or security matters or related matters.
9.5.Programs and activities run by third parties From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
9.5.1 We are not responsible for any such goods or services;
9.5.2 You must pay these providers directly for any such goods of services; and
9.5.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.
9.6.Emergencies and natural disasters 9.6.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
9.6.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.
10.Suspension of your membership
10.1 Suspension by you
10.1.1 You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.
10.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
10.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.
10.2. Suspension by us 10.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:
10.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
10.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
10.2.4 If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
10.2.5 If you breach any term of this Membership Agreement, and either;
10.2.6 You do not remedy the breach within 10 Business Days of written notice from us; or
10.2.7 The breach is incapable of being remedied; or
10.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.
10.3 Effect of Suspension
10.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c)You will pay the Suspension Fees for the Suspension Period.
10.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
10.3.3 If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
10.3.4 If your membership type is Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.
11.Termination of your membership
11.1 Termination by you
You may terminate Membership Agreements:
11.1.1 If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
11.1.2 If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
11.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
11.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
11.1.5 Otherwise with our agreement in writing, which we may provide in our absolute discretion.
11.2. Termination by us We may terminate Membership Agreement giving your written notice:
11.2.1 If you fail to pay the Fees (or any instalment of Fees) when due;
11.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
11.2.3 If you breach any term of this Membership Agreement, and either;
11.2.4 If you do not remedy the breach within 10 Business Days on written notice from us, or;
11.2.5 The beach is incapable of being remedied, or;
11.2.6 If the Facility is unavailable or unfit for use.
11.3. Effect of termination If this Membership Agreement is terminated:
11.3.1 By you under clause 11.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee;
11.3.2 By you under clause 11.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
11.3.3 By you under clause 11.1.3 or 11.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
11.3.4 By you under clause 11.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
11.3.5 By us under clause 11.2.1, 11.2.2 or 11.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
11.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 11.1.4 or 11.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
11.3.7 By us under clause 11.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
11.4. Liability By signing this Membership Agreement, you:
11.4.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
11.4.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
11.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
11.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
11.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.
12.Disputes and complaints
12.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
12.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
13.Privacy
13.1 We will have access to personal information about you, such as your name and address.
13.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
13.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.
14.Notices
14.1 Your contact details
14.1.1 Your contact details are set out in the Membership Form under Membership Details.
14.1.2 You must give us written notice of any changes to your contact details.
14.1.3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.
14.2.Notices from you to us 14.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
14.2.2 By hand delivery to the Facility; or
14.2.3 By email to
info@cockburnarc.com.au; 14.3.Notices from us to you 14.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 14.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 14.1.2).
15. Miscellaneous
15.1 Governing Law
15.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.
15.2. Lockers
15.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
15.2.2 The locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
15.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
16.Membership Identification
16.1 A photo is required at the time of joining to verify the identity of the membership holder.
16.1.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
17. Service Disruption
17.1. Gym Closures 17.1.1 In the event of a planned facility closure or disruption to service, for example closure of the Gym for detailed cleaning and maintenance, we will always tell you in advance.
17.1.2 We may close the Gym facility and restrict 24/7 access permissions from time to time between the hours of 9pm to 5am under clause 17.1.
17.1.3 We may close off areas of the Gym for refurbishment for extended periods of time.
17.1.4 In the event of an unforeseen facility closure or disruption to service of more than 4 days without prior written notification, we may issue credits to memberships for lost time.
17.1.5 We will try, but cannot promise we will be able to tell you about any Gym closure in advance, such as unexpected Events.
17.1.6 We are not responsible if members cannot use our Gym because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond out reasonable control. If this continues for more than 30 days, then either you or we may cancel this agreement immediately by written notice.
1. Overview
In this Membership Agreement
1.1 “You” or “Your” means you, the member, as specified on the Membership Application form; and
1.2 “Us” or “We” means Cockburn Aquatic and Recreation Centre
1.3 We operate the Facility.
1.4 This Membership Agreement sets out the terms and conditions of Your membership of the Facility.
1.5 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement.
1.6 “Member Portal” refers to the online self-service website that is accessible via Your own unique login at cockburnarc.com.au. 2. Your Membership
2.1 During Your term, You may access and use the Facility in accordance with Your Membership type and this Membership Agreement.
2.2 Your Membership type refers to the membership type You have selected and the conditions for that type found at www.cockburnarc.com.au/About/Terms-and-Conditions
2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to Your Membership type; and
2.3.3 Does not entitle You to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from Us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 You acknowledge and agree that Your membership cannot be shared with another person, friend or family member. If You breach this term You will be notified by Us and be debited by our billing provider an unauthorised entry fee of $100 and Your membership may be cancelled.
2.4 If You wish to use or access any part of the Facility or receive any goods or services from Us outside the scope of this Membership Agreement, You will need to enter into a separate agreement with Us. Please speak with our Member Relations Team to discuss this. 3. Your Membership Access Band
3.1 You will need Your membership access card, fob or wristband to access the Facility after hours and must swipe this each time You use the facilities and services.
3.2 If You lose or forget Your membership access band You must access the Facility during staffed operating hours by signing in at reception.
3.3 You must not let anyone else into the Facility at any time or let anyone else use Your membership access band. If You break this term You will be charged a fee in accordance with 2.3.5 and/or have Your membership suspended or cancelled.
3.4 If Your membership access band is lost or stolen You must notify Us immediately and pay a replacement fee within 14 days or You may be refused access to the Facility. 4. Duration of Your membership
4.1 Commencement
This Membership Agreement will commence on the Commendement date.
4.2. Expiry
4.2.1 If Your Membership type is ‘Paid in Full’, this Membership Agreement will, unless terminated by You or Us, expire at the end of the Paid in Full Term.
4.2.2 If Your Membership Type is ‘Direct Debit’, this Membership will continue on an ongoing basis, unless terminated by You or Us in accordance with the terms of this membership Agreement.
4.3. Minimum Term
4.3.1 All memberships have a minimum contractual term:
a) Lifestyle memberships are ongoing memberships with a 6 month minimum term
b) Flexi memberships are ongoing with a 28 day minimum term.
c) Casual memberships are a Pay As You Go (PAYG) with no minumum term.
4.3.2 As an ongoing membership, once you reach your minimum term end date, Your membership will continue and membership fees will continue to be deducted unless you provide Us written notice of 28 days to cancel Your membership.
4.3.3 Cancelling Your membership within Your minimum contractual period will result in an early exit fee. 5. Cooling Off Period
5.1 The cooling off period for memberships is seven days from when the agreement is signed.
5.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling off Period by giving Us written notice in accordance with clause 14.2.
5.3 If You terminate this Membership Agreement during the Cooling Off Period under clause 5.1:
5.3.1 This membership agreement will be terminated on the date Your written notice is received by Us.
5.3.2 We will charge a $30 administration fee.
5.3.2 We will refund You all other Fees You have paid to Us under this Membership Agreement, (excluding the $30 administration fee).
5.4 If You do not terminate this Membership Agreement during the Cooling off Period under clause 5.1, this Membership Agreement will continue in accordance with clause 2. 6. Changes to Your membership
6.1 Changes to this Membership Agreement
6.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all ofthe Membership Terms and Conditions; and/or the Facility Conditions of Entry, Etiquette.
6.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
6.1.3 If We change this Membership Agreement under clause 6.1.1 and You are adversely affected by the change, You may terminate this Membership Agreement by giving Us written notice of the adverse effect prior to the changes taking effect. If You terminate the Membership Agreement under this clause 6.1.1, the Membership Agreement will be terminated on the date We give You written notice that We have accepted that the change adversely affects You.
6.1.4 Unless and until We give You notice that We have accepted that the change adversely affects You, this Membership agreement will continue in accordance with clause 2.1.
6.1.5 If You terminate this Membership Agreement under clause 6.1.3;
a) You must pay Us all outstanding Fees for the period up to and including the date of termination;
b) We will refund to You any Membership Fees You have already paid for the period after the date of termination; and
c) We will not refund You the Joining Fee or any other Fees paid for the period up to and including the date of termination.
6.1.6 If You do not seek to terminate Your membership in accordance with clause 6.1.3, You will be deemed to have accepted any change We have made to this Membership Agreement.
6.2. Changes to Facilities
6.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by Your Membership Type or not);
b) Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 9.6).
6.2.2 Any change to the Facility as described in clauses 6.2.1(a) and 6.2.1(b) and, without limiting clause 9.6, does not constitute a change to this Membership Agreement and does not entitle You to terminate this Membership Agreement under clause 6.1.3.
6.3. Changes to Your Membership Type
6.3.1 A notice period of ten (10) working days prior to Your next scheduled membership payment is required in order to make changes to Your membership which includes altering payment details, upgrading or downgrading Your membership and applying a corporate discount. 7. Payments
7.1 Fees
7.1.1 If Your Membership Type is Paid in Full, You must pay the Fees up front for the Term by the Payment Method.
7.1.2 If Your Membership Type is Direct Debit, You must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees, as varied in accordance with clause 7.10.1 and 7.10.2, fortnightly in advance by the Payment Method for the direct debit minimum term and any ongoing period. 7.2. Direct Debit
7.2.1 Direct debit payment for Fees is managed by Us. If Your Membership Type is direct debit, We will debit Your nominated bank account or credit card throughout the Term for the Membership Fees, as varied in accordance with clause 7.10.1 and 7.10.2 in accordance with the Direct Debit Request Service Agreement.
7.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, We will direct debit Your nominated bank account or credit card on the next Business Day.
7.2.3 It is Your responsibility to ensure that Your direct debit account details are kept up to date through the Member Portal or through written notice to Us 7.3. Changes to Payment Method and payment details
7.3.1.If You wish to change the details relating to Your Payment Method, You must amend Your payment details within the Member Portal, or by visiting reception and providing written notice prior to Your next scheduled payment date and do everything We reasonably require to ensure that We continue to receive payment of Your Fees. 7.4. Payment Method Fees
7.4.1.If You have chosen to pay by a Payment Method that causes Us to incur any merchant or transaction fees, We may pass these fees on to You by deducting the fees via Your Payment Method. 7.5. Other charges
7.5.1 Your Membership Fees payable under this Membership Agreement only entitle You to use the facilities and equipment available at the Facility in accordance with Your Membership Type.
7.5.2 Any charges for other services, facilities or equipment will be as agreed between You and Us. This may be recorded in a separate agreement between You and Us, such as for the hire of equipment at the Facility. 7.6 Refunds
7.6.1 We are under no obligation to refund money You have paid to Us, except as expressly set out in this Membership Agreement. 7.7 If Your payment method fails for any reason;
7.7.1 We will suspend Your account from facility access as soon as Your bank has informed Us that a payment to Cockburn ARC has dishonoured. We will notify You by SMS and/or email when a payment has dishonoured.
7.7.2 You will be charged a $10 administration fee for each time a payment dishonours. This is in addition to Your outstanding fees.
7.7.3 You must pay Us on demand all resulting fees and charges; and
7.7.4 You authorise Us to charge You via Your Payment Method for any such resulting fees and charges. 7.8. GST
7.8.1 Your fees are inclusive of goods and services tax (GST).
7.8.2 If the rate at which GST is calculated changes during the Term, Your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise Us to change any debit from Your Payment Method to account for the change in the rate of calculating GST. This clause only applies if Your Membership Type is Direct Debit. 7.9 Adjustment to Fees
7.9.1 We may adjust Your fees by no more than 10% on any one occasion in any one given financial year by giving You at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
7.9.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b) Authorise Us to change any debit from Your Payment Method to accord with any adjustment to Your Fees under clause 7.10.1.
7.9.3 An increase of Your Fees under clause 7.10.1 will not constitute a change with an adverse effect for the purpose of clause 6.1.3. 8. Your Membership Obligations
8.1 Facility Conditions of Entry
You must:
8.1.1 Comply with the Conditions of Entry to the Facility, as well as area specific conditions of entry and etiquette such as in the aquatic area, stadium, gym and group fitness at all times;
8.1.2 Comply with instructions given by our staff in relation to the Facility;
8.1.3 Not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
8.1.4 Not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others. 9. Your Obligations
9.1.1 Access
9.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 9.6.
9.1.2 In addition to our rights under clause 10.2.2 and 11.2.2, We may deny You access to the Facility or direct You to leave the facility if We decide that Your behaviour;
a) Is inconsistent with the Facility Conditions of Entry;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by Yourself or others.
9.1.3 Exercise of our rights under clause 9.1.2 will not entitle You to a refund of any Fees or grant You any right to terminate this Membership Agreement.
9.1.4 Youth Access
Youth members (ages 14 -15) have access to the gym restricted to 6am to 6pm weekdays and 7am to 6pm on weekends and public holidays. They are also unable to participate in weights based group fitness classes. 9.2 Fitness programs and recommended activities
9.2.1 Our employees or contractors may, on Your request, develop a fitness program and/or recommended activities for You at the Facility.
You acknowledge and agree that:
9.2.2 Our employees and contractors, unless We give You written notice otherwise, hold no medical qualifications; and
9.2.3 You follow the program and/or recommendations at Your own risk and We are not liable to You for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from You following the program and/or recommendations. 9.3. Medical
You authorise Us to obtain medical/ambulance assistance for You in the case of an accident or emergency involving You, and agree to reimburse Us on demand for all costs We incur in obtaining such assistance. 9.4 Personal Safety
9.4.1 The Facility has an emergency board situated at the entrance to the health club change rooms. The emergency board has a first aid kit, defibrilator, emergency phone numbers and personal security alarm devices.
9.4.2 If You deliberately use emergency apparatus inappropriately, You agree to pay for any costs, loss or damages incurred because of the inappropriate use.
9.4.3 During the event of an emergency, the Facility emergency evacuation alarm will siren and You must exit the facility immediately, following the instructions of the staff or PA announcement.
9.4.4 You must be cautious when entering, leaving and using the facility and You must wear personal alarm lanyards when appropriate, for example, if exercising alone or outside of staffed hours.
9.4.5 You agree to follow any reasonable direction of Facility staff, including security relating to health, safety or security matters or related matters. 9.5.Programs and activities run by third parties
From time to time third parties may, at Your request, provide goods or services to You at the Facility, such as personal training. You acknowledge and agree that:
9.5.1 We are not responsible for any such goods or services;
9.5.2 You must pay these providers directly for any such goods of services; and
9.5.3 We are not liable to You for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to You. 9.6.Emergencies and natural disasters
9.6.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
9.6.2 We will use reasonable endeavours to provide You with notice of any Emergency Period in accordance with clause 14.3. 10.Suspension of Your membership
10.1 Suspension by You
10.1.1 You may voluntarily suspend Your membership from time to time for one or more periods for a minimum of 7 days and not exceeding a total of 12 weeks in each calendar year by giving Us written notice. A suspension request can be submitted in 7 day blocks by You via the Member Portal.
10.1.2 We may agree that a Suspension Period will commence up to one month prior to the date You give Us written notice, if You provide Us with a certificate from a qualified medical practitioner stating that You could not exercise during that period.
10.1.3 You may not suspend Your membership if either You or We have given written notice terminating this Membership Agreement.
10.1.4 Upon the end of Your suspension Your membership will automatically be reinstated and membership fees will reoccur . This may include a pro rata amount depending on the day of the direct debit.
10.1.5 It is Your responsibility to apply a further suspension or cancel Your suspension if You wish to return earlier. This is managed by You through the Member Portal.
10.1.6 If You have a medical certificate, You may suspend without impacting Your 12 week annual suspension tally. The certificate must clearly outline the dates for which You are medically unfit to utilise Your membership. Should You wish to cancel the 28 day notice period as outlined in 11.1 Your cancellation will commence from the date You have been medically cleared to attend. The exception to this is if You wish to cancel and have a medical certificate for a minimum of 3 months as outlined in 11.1.4. 10.2. Suspension by Us
10.2.1 We may suspend Your membership from time to time for a period chosen by giving You written notice:
10.2.2 If You fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
10.2.3 If We decide that You have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
10.2.4 If We consider Your use or access of the Facility poses a health risk to You or any other period and You have not provided Us with the evidence as We reasonable require (including a medical certificate) to the contrary:
10.2.5 If You breach any term of this Membership Agreement, and either;
10.2.6 You do not remedy the breach within 10 Business Days of written notice from Us; or
10.2.7 The breach is incapable of being remedied; or
10.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.
10.2.9 If government direction dictates that the Facility must be closed.
10.3 Effect of Suspension
10.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; however You may be debited for the upcoming period of active membership that may fall within the direct debit period.
10.3.2 We will make a pro-rata adjustment to Your Membership Fees and, if applicable, credit You any part of the Membership Fees applicable for the Suspension Period.
10.3.3 If Your Membership Type is Paid in Full – Your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
10.3.4 If Your membership type is Direct Debit – Your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term. 11.Termination of Your membership
11.1 Termination by You
You may terminate Membership Agreements:
11.1.1 If Your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving Us at least 28 Days’ notice by emailing Us at info@cockburnarc.com.au which will be confirmed in writing. Should You be currently on suspension, Your suspension will be lifted and Your membership will be reinstated for Your 28 day notice period.
11.1.2 If Your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving Us at least 28 Days’ notice by in written notice.
11.1.3 Written notice to Us, if We breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from You;
11.1.4 Immediately on giving written notice to Us, if You have become sick or incapacitated and You provide Us with a certificate from a qualified medical practitioner stating that You cannot exercise for a period of at least 3 months; or
11.1.5 Otherwise with our agreement in writing, which We may provide in our absolute discretion. 11.2 Termination by Us
We may terminate Membership Agreement giving Your written notice:
11.2.1 If You fail to pay the Fees (or any instalment of Fees) when due;
11.2.2 If We decide that You have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by You or others;
11.2.3 If You breach any term of this Membership Agreement, and either;
11.2.4 If You do not remedy the breach within 10 Business Days on written notice from Us, or;
11.2.5 The breach is incapable of being remedied, or;
11.2.6 If the Facility is unavailable or unfit for use. 11.3 Effect of termination
If this Membership Agreement is terminated:
11.3.1 By You under clause 11.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay Us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee;
11.3.2 By You under clause 11.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay Us any outstanding Fees for the period up to and including the date of termination;
11.3.3 By You under clause 11.1.3 or 11.1.4 – this Membership Agreement will be terminated on the date We receive written notice from You. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees You have already paid for the period after the date of termination;
11.3.4 By You under clause 11.1.5 – this Membership Agreement will be terminated on the date as agreed by You and Us in writing. You may pay Us any amount as agreed by You and Us in writing;
11.3.5 By Us under clause 11.2.1, 11.2.2 or 11.2.3 – this Membership Agreement will be terminated on the date nominated by Us in our written notice to You. You must pay Us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
11.3.6 If Your Membership Type is Paid in Full, We will not refund to You any Fees You have already paid for the period after the date of termination unless in accordance of clause 11.1.4 or 11.1.5. If Your Membership Type is not Paid in Full, We will not refund to You any Fees You have already paid for the period after the date of termination, or;
11.3.7 By Us under clause 11.2.4 – this Membership Agreement will be terminated on the date nominated by Us in our written notice to You. You must pay Us all outstanding Fees for the period up to and including the date of termination. We will refund to You any Fees You have already paid for the period after the date of termination. We will not refund to You the joining fee or any other Fees paid for the period up to and including the date of termination. 11.4 Liability
By signing this Membership Agreement, You:
11.4.1 Are declaring that You are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
11.4.2 Acknowledge and agree that You enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by Us absolutely at Your own risk.
11.4.3 Acknowledge and agree that You release and discharge Us from all liability for loss, damage or injury that You may sustain.
11.4.4 You indemnify Us to the extent permitted by law in respect of any claim by any person as a result of or in connection with Your Membership Agreement and/or participation in any of our activities.
11.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by Us. 12. Disputes and complaints
12.1 If a dispute arises concerning this Membership Agreement or You have any complaints about the Facility or Us, please give Us written notice of the dispute or complaint.
12.2 We will contact You as soon as possible to discuss and endeavour to resolve the dispute or Your complaint. 13. Privacy
13.1 We will have access to personal information about You, such as Your name and address.
13.2 We will only use, disclose and deal with Your personal information in accordance with our privacy policy. Our privacy policy is available on our the City of Cockburn’s website.
13.3 We may film or photograph the Facility. It is possible You may appear in the background. You agree to allow Us to use Your image in promotion and other business related materials. If it is likely that You will appear in the foreground of a photograph, We will notify You verbally. 14. Notices
14.1 Your contact details
14.1.1 Your contact details are set out in the Membership Form under Membership Details.
14.1.2 You must give Us written notice of any changes to Your contact details or update them online via the Member Portal
14.1.3 Any notice to the email or other address We have on record for You will constitute valid notice under this Membership Agreement. 14.2.Notices from You to Us
14.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
14.2.2 By hand delivery to the Facility; or
14.2.3 By email to info@cockburnarc.com.au; 14.3.Notices from Us to You
14.3.1 We may serve notices on You under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the Facility;
c) By email, phone or sms to the address listed in the Membership Details (or to any email address You have notified Us of in accordance with clause 14.1.2); and
d) By post or delivery, to the addresses listed in the Membership Details (or to any postal or physical address You have notified Us of in accordance with clause 14.1.2). 15.Miscellaneous
15.1 Governing Law
15.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and We submit to the non-exclusive jurisdiction of the Courts of Western Australia.
15.2.Lockers
15.2.1 Subject to availability, and if included in Your Membership Type, use of a locker at the Facility will form part of Your membership.
15.2.2 The locker is only available for temporary storage of personal items while You make use of the Facility or participate in a program.
15.2.3 We accept no liability or responsibility for damage to or loss of any of Your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not. 16.Membership Identification
16.1 A photo is required at the time of joining to verify the identity of the membership holder.
16.1.2 We reserve the right to refuse entry to the Facility if You refuse to have Your photo taken. 17. Service Disruption
17.1.Gym Closures
17.1.1 In the event of a planned facility closure or disruption to service, for example closure of the Gym for detailed cleaning and maintenance, We will always tell You in advance.
17.1.2 We may close the Gym facility and restrict 24/7 access permissions from time to time between the hours of 9pm to 5am under clause 17.1.
17.1.3 We may close off areas of the Gym for refurbishment for extended periods of time.
17.1.4 In the event of an unforeseen facility closure or disruption to service of more than 4 days without prior written notification, We may issue credits to memberships for lost time or suspend Your membership.
17.1.5 We will endeavour but cannot guarantee We will be able to tell You about any Gym closure in advance, such as unexpected events.
17.1.6 We are not responsible if You cannot use our Gym because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond out reasonable control. If this continues for more than 30 days, then either You or We may cancel this agreement immediately by written notice.