Definitions

In this Agreement 
“You” or “Your” means you, the member, as specified on the Membership Application form; and 
 “Us” or “We” means Cockburn Aquatic and Recreation Centre 
 The “Personal Trainer” means the person who delivers the training.  
 This Agreement is an extension of the Membership terms and conditions. 
 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.  
 “Member Portal” refers to the online self-service website that is accessible via Your own unique login at cockburnarc.com.au. 
We operate the facility. 
These terms and conditions apply to all current and future training packages unless otherwise updated.
Changes to pricing, staffing or terms will be communicated with at least 10 business days notice.

Eligibility  

  • Personal Training is available exclusively to  current active members holding an All Access Membership, aged sixteen years and over. Members under the age of 18 will need the consent of a parent or guardian.  
  • Your All Access Membership must remain active to purchase and attend Personal Training sessions (attendance is not permitted during suspension periods).
  • Personal Training is not  available if your account, or that of your dependent, is in debt. 
  • Employees of the City of Cockburn are eligible to purchase Personal Training sessions, at their own expense, as long as they have an active All Access Membership 

Payment/Inclusions  

  • Sessions will not commence prior to full payment. If sessions are cancelled before purchase, they will only be rescheduled once payment is made. 
  • Personal Trainers are subject to availability;  preferred trainers and times cannot be guaranteed. 
  • Purchased sessions must be used before additional sessions can be purchased. 
  • Sessions must be attended within Cockburn ARC Health Club during staffed hours: 

Monday to Friday: 5am – 9pm 
Saturday and Sunday: 7am – 6pm

  • The first session includes an initial assessment (up to 30 minutes) and a 60 minute Personal Training session. 

Booking and Re-scheduling 

  • Single Sessions and Packs are valid for 3 months from the purchase date, unused  sessions will be forfeited after expiry. Refunds for unused sessions in the case of medical circumstances may be accommodated , upon presentation of a medical certificate from an authorised medical practitioner, where the certificate dates exceed or equal the expiry of sessions. 
  • A maximum of one session may be booked per day.  
  • It is the responsibility of the allocated Personal Trainer to communicate directly to arrange agreed sessions dates and times within the specified Health Club staffed hours. It is Your responsibility to inform the Personal Trainer with a minimum of 12 hours notice, should the session need to be rescheduled. 
  • Personal Training sessions must be booked by the allocated Personal Trainer into the Cockburn ARC members app. It is the responsibility of members to ensure that they are receiving notifications from the app. 
  • Preferred session booking times are not guaranteed and are subject to the Personal Trainers availability.  
  • In the event You are unable to attend a booked Personal Training session, the Personal Trainer will make reasonable efforts to reschedule the session to an alternative time/ day. However, a minimum of 12 hours’ notice is required for any rescheduling requests. 
  • Sessions cancelled with less than 12 hours notice will result in the session being forfeited (no refund), except in special circumstances, if able to demonstrate that it was not possible to anticipate 12 hours in advance that attendance would not be achievable.  Where this is the case, as much notice as possible must be provided, and evidence may be required. This is at the discretion of the management team.
  • You must provide at least 7 days notice for any extended absences, from training. 
  • Repeated no shows may result in members ability to purchase and attend Personal Training services being revoked. 
  • If your allocated Personal Trainer needs to cancel a booked session they will contact you as soon as possible to re-schedule at no cost/penalty. In the case of a Personal Trainer absence due to emergency the Health Club Supervisor will contact members directly to re-schedule booked sessions.

Cancellation and Refunds 

  • No refunds will be given if You change Your mind after the purchase. 
  • Refunds for unused sessions in the case of medical circumstances may be accommodated , upon presentation of a medical certificate from an authorised medical practitioner, where the certificate dates exceed or equal the expiry of sessions.   
  • Changes to pricing, staffing, or terms will be communicated with at least 10 business days’ notice. 
  • These Terms & Conditions apply to all current and future training packages unless otherwise updated. A new agreement is not required upon package renewal. 
  • In the event of a Personal Trainers ending their employment with Cockburn ARC, You will be allocated another Personal Trainer based upon availability to complete pre-arranged sessions.  
  • If your All Access Membership is cancelled or downgraded, Personal Training sessions cannot be used until the membership is reinstated; the 3-month expiry still applies. 
  • Cockburn ARC reserves the right to cancel or revoke access for breaches of these Terms, the Patron Conduct Policy, or Membership Terms and Conditions. 
  • Sessions may be transferred to another eligible person, , however the expiry of the sessions cannot be changed. 

Availability  

  • We may limit the number of members able to purchase Personal Training Sessions at any time. 
  • If You use all your Personal Training sessions and do not re-purchase for a period of time or let them expire, when restarting your sessions We can not guarantee Your previous Personal Trainer will be available. 
  • Should a Personal Trainer be unable to conduct your session, You may cancel the session without penalty. 

Liability  

  • You are responsible for ensuring you are medically fit to participate in physical activity. You understand and accept the inherent risk of undertaking exercise. 
  • You must advise your Personal Trainer of any injuries or health conditions. In the event of any pre or existing injuries,  a Medical Certificate clearance may be required before beginning or resuming Personal Training.  
  • You enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by Cockburn ARC absolutely at Your own risk. 
  • You release and discharge Cockburn ARC from all liability for loss, damage or injury that You may sustain. 
  • You indemnify Cockburn ARC 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. 
  • 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.