Terms And Conditions Of Entry

Entry to Fairfield City Leisure Centres is conditional on members and visitors complying with these terms and conditions:

The use of these facilities (including shower and toilet facilities) is restricted to members and paying visitors only.
All Membership and Concession Passes must be presented upon request of staff.
Management reserves the right to refuse entry to any person at any time or to remove persons guilty of disruptive or disorderly conduct – including, but not limited to; verbally or physically threatening staff or other persons; swearing aloud; and gaining unauthorised and/or wrongful access.
For safety and security reasons, all persons must obey all signs around the Leisure Centre(s) and all reasonable requests by Leisure Centre(s) staff.
Management is not responsible for loss or theft of or damage to personal property.
An adult must accompany and remain with children under the age of sixteen (16) years when using the gym or participating in-group exercise.
Adequate footwear is to be worn during gym or aerobic sessions ie. Enclosed shoes. Furthermore,a minimum of a shirt and shorts to be worn at all times.
A "NO TOWEL, NO WORKOUT" policy applies in gym area.
All children under the age of ten (10) years entering the pool area must be supervised by a person over the age of sixteen (16) at all times.
Children under the age of five (5) years must be accompanied in the water with a person over the age of sixteen (16) at all times.
Any person who fails to comply with any of these Terms and Conditions of Entry may have their membership/pass revoked or cancelled without refund.
In consideration of being granted entry to the Fairfield City Leisure Centres each such person expressly acknowledges and agrees that (subject only to gross negligence on the part of Fairfield City Leisure Centres staff or management, being the direct cause of any loss, damage or injury to occur), each such person will enter upon the Fairfield City Leisure Centres premises and surrounds and/or will participate in the programs, utilise the equipment and/or take advantage of the services offered therein, absolutely at his or her own risk, such that each such person RELEASES AND DISCHARGES Fairfield City Leisure Centres, its management, staff and contractors from all liability for loss, damage or injury which may be sustained by each such person in such manner or under such circumstances, as previously set out in this clause.
No person entering the Fairfield City Leisure Centres shall carry out any form of commercial and/or business activity and/or enterprise within the Fairfield City Leisure Centres unless consent for same has first been obtained from Management. If Management provides its consent to any form of commercial and/or business activity or enterprise, the person carrying out or responsible for the commercial and/or business activity or enterprise shall ensure that he complies with the terms of the consent issued by Management.
Smoking on the premises is only permitted in designated external smoking areas and not within enclosed areas.

Section 660 of the Local Government Act 1993 provides that (among other things) it is an offence for any person to wilfully obstruct, by way of example, an employee of a council in the exercise of that person's functions under the Local Government Act.

Section 670 provides that any person that fails to comply with the terms of a notice or sign will be guilty of an offence as long as the sign is clearly legible and is exhibited at every entrance to the land or in a conspicuous place or if the land contains buildings as exhibited either inside or at or near the entrance to the building.

The full text of these sections of the Local Government Act 1993 may be obtained from reception during normal working hours.

Management reserves the right to alter these terms and conditions at any time.

Management reserves the right to take action to enforce these terms and conditions.

Terms & Conditions of Membership

1.0 GENERAL
1.1	Membership is only valid at Centre of purchase, except for Leisure Connect.
1.2	Memberships are valid from date of purchase rather than commencement of usage. Membership commencement can be delayed by a maximum of three (3) weeks only.
1.3	Membership entitles the holder during operating hours, and subject to specific membership conditions and demand from time to time, to use of the Gymnasium, Aerobic / Aqua classes, Pool (Prairiewood & Fairfield only / Limited times at Cabravale), Sauna (Prairiewood & Cabravale only), Steam Room (Fairfield only).
1.4	Upgrades are only permitted within the first month of membership. Downgrades are generally not permitted.
1.5	You will be required to have your photo taken. This photo will only appear on your customer user profile.
1.6	1.6 Memberships are not refundable (see Condition 4).
1.7	Lockers are only for use whilst using the facilities – i.e. no overnight or long term storage. Any lockers with a padlock on it at the end of the day will have the padlock broken and contents will be available from reception. Fairfield City Leisure Centres cannot guarantee the safekeeping and account for contents of the locker, and will not reimburse the cost of the padlock.
1.8	Adequate footwear is to be worn during gym or aerobic sessions i.e. enclosed shoes. Furthermore, a minimum of shirt and shorts (no jeans) to be worn at all times.
1.9	A “No towel, No workout” policy applies in gym area.
1.10	Time limit (20 minutes) restrictions apply on cardio equipment at certain times.
1.11	Complimentary Exercise Consultations on 6, 12, 18 and 24-months memberships are to be taken within first month of date of membership purchase.
1.12	A new Membership Agreement form must be completed upon renewing a membership.
1.13	Members guilty of disruptive or disorderly conduct – including, but not limited to; verbally or physically threatening staff or other persons; swearing aloud; and gaining or attempting to gain unauthorised and/or wrongful access may lead to membership termination (without refund) or other sanctions (see condition 7.1).
1.14	If the number of members falls below the minimum required in either the Family or Corporate membership categories, remaining members wishing to continue their membership will revert to the appropriate fortnightly rate in the case of Fortnightly Debit members or in the case of Up-Front members – the applicable rate will be payable upon renewal.
1.15	Persons or members holding a ‘Rehabilitation’ membership paid for by a third party (normally an insurance provider) are not permitted to pay an additional fee to ‘upgrade’ or extend their membership.
1.16	Fairfield City Leisure Centres management reserves the right to vary any conditions and prices as considered necessary.

2.0 EQUIPMENT / PROGRAMS / SERVICES
2.1	Fairfield City Leisure Centres may vary or stop providing any equipment, program, or service without notice. Fairfield City Leisure Centres is not liable for any loss or disappointment you may suffer as a result.
2.2	Time extensions to memberships will not be offered in case of any gymnasium (or other facility) being temporarily closed for improvements / renovations / change of equipment. Members will be offered the opportunity to use other Centre(s) during this period.
2.3	Fairfield City Leisure Centres may add or substitute equipment, programs, or services at its absolute discretion.
2.4	Fairfield City Leisure Centres cannot guarantee that equipment will be fault free. If you experience a problem with equipment, notify staff.
2.5	Fairfield City Leisure Centres is not liable to the customer or any other party for a delay, interruption, failure, or error in supplying equipment, programs, or services.
2.6	You hereby agree to indemnify Fairfield City Leisure Centres against any loss, damage, liability, expense, cost or charge arising from or incurred due to your negligence or wilful misuse, or any unauthorised use of equipment, programs, or services.

3.0 MEMBERSHIP CARDS

3.1

A membership card will be issued to all new members at time of application.

3.2

Members entering gym or pool area may proceed directly to and scan card at turnstiles. All other services require the card to be scanned at reception, i.e. aerobics and sauna/steam room. If turnstiles are out of order, or your card does not allow you access, all patrons are to report to reception prior to entry.

3.3

Members must bring their membership card with them on each visit to the Centre. Within any 6 month period, if a member is found to be in breach of this condition, the following will occur:

3.3.1	On the 1st occurrence, a verbal warning will be given and a note placed on file
3.3.2	On the 2nd occurrence, a final verbal warning will be given and note will be placed on file
3.3.3	On the 3rd occurrence and any subsequent occurrences (within a 6 month period), the member is to pay the applicable casual entry fee and further sanctions may apply (see condition 7.1)

3.4

Membership cards remain the property of Fairfield City Leisure Centres. An $11 replacement fee will apply to members who lose/damage/destroy a membership card.

3.5

Validity/expiry dates are not shown on card. Please check all details with reception.

3.6

Membership cards are not transferable between people and must only be used by the person who it is issued to. Failure to abide by this condition may lead to management withholding/terminating membership for patrons found in breach of this condition (see condition 7.1)

4.0 EARLY CANCELLATION / REFUNDS
4.1	Early cancellation is generally not permitted. In exceptional circumstances, an application in writing to Centre Management is required, and approval or disapproval for early cancellation will be based on management's absolute discretion.
4.2	Supporting documentation (eg. doctor's certificate stating time period when exercise is not recommended) is required with application.
4.3	If moving out of the area, early cancellation may be granted if moving to an area not within an adjoining / near-by Local Government Areas – i.e. Auburn; Bankstown; Blacktown; Holroyd; Liverpool; Parramatta; and Penrith. Some exceptions may apply – see staff for details.
4.4	If early cancellation is granted, note that refund amount / early cancellation fee is NOT CALCULATED ON A PRO-RATA BASIS and an administration charge applies. Staff will provide a calculation of refund amount / early cancellation fee. A minimum $110 early cancellation fee will apply.
4.5	If early cancellation is requested and granted for holders of OFF PEAK memberships, refund amount / early cancellation fee for cancelling within the first six (6) months will be based on calculations of FULL membership rates and an administration charge applies. For OFF PEAK members requesting early cancellation six (6) or more months into their agreement, refund amount / early cancellation fee is calculated on a case-by-case basis. Staff will provide an explanation of the calculated amount.
4.6	If early cancellation is not granted, see Condition 5 – Transferring Memberships - as another option.
4.7	Cardiac / Seniors memberships are not refundable under any circumstances.
4.8	In cases of pregnancy, see condition 6.4.

5.0 TRANSFERRING MEMBERSHIPS
	Up-Front Memberships
5.1	Upon written application and approval from management, 6 or 12 months Up-Front Memberships may be transferred to another person, for use at the same Centre, for a fee of $35.00. Transferring of memberships is not permitted during the final 60 days of the membership, and approval may be withheld at management’s absolute discretion.
	Direct Debit Memberships
5.2	Direct Debit memberships within initial/minimum contract period can be transferred to another person, however, the person to whom it is being transferred must commence a new agreement (for same duration as original agreement) – i.e. not just complete the remaining time on the original agreement but start a new agreement. Transferring of memberships is not permitted during the final 60 days of the minimum term of the membership or outside of the minimum term, and approval may be withheld at management’s absolute discretion.
	Transferring memberships between Centres
5.3	Memberships may be transferred for use at another of Fairfield City's Leisure Centres. An administration fee may apply for this and is calculated on a case-by-case basis. Staff will provide an explanation of the calculated amount.

6.0 MEMBERSHIP 'ON-HOLD'

6.1

On-Hold requests must be done in person at the Centre prior to dates of requested On-Hold period – i.e. On Hold requests cannot be backdated. In exceptional circumstances, an application in writing to Centre Management is required, and approval or disapproval for On Hold will be based on management's absolute discretion. In cases of physical incapacitation, a doctor's certificate will also be required stating time period when exercise is not recommended.

6.2

Membership cards must be handed in at time of On Hold request.

6.3

Any On Hold request (including those for medical reasons) must be for a minimum 14 days. In extenuating circumstances, there is a maximum On Hold period of 9 months.

6.4

In cases of pregnancy, extended On Hold may be issued upon presentation of a doctor's certificate stating time period when exercise is not recommended. Cancellation of membership prior to minimum term of agreement is not permitted during pregnancy.

6.5

Up-Front Memberships

6.5.1	A fee of $10 (payable in person at the Centre at time of On Hold request) is payable for each request
6.5.2	A maximum On Hold of 28 days (6 Months Up-Front Membership) and 56 days (12 Months Up-Front Membership) is available on these memberships only. A minimum On Hold period of 14 days applies for any request.
6.5.3	On Hold is not available on any membership less than 6 Months.
6.5.4	On Hold is not available for ‘Rehabilitation’ memberships paid for by a third party (normally an insurance provider). In exceptional circumstances, On Hold may be issued upon presentation of a doctor's certificate stating time period when exercise is not recommended, and approval or disapproval for On Hold will be based on management's absolute discretion.

6.6

Fortnightly Debit Memberships

6.6.1	A fee of $10 (payable in person at the Centre at time of On Hold request) is payable for each request
6.6.2	A minimum of five (5) business days notice is required to put Fortnightly Debit memberships On Hold. Less than five (5) business days notice may result in your next debit still being processed.
6.6.3	Requests for Fortnightly Debit membership On Hold must be made in seven (7) day increments - that is, 14 days, 21 days, 28 days, 35 days, 42 days, 49 days, or 56 days, 63 days, 70 days (limits apply – see next condition).
6.6.4	a) Members on a Minimum 6 Month Fortnightly Debit Agreement may place their membership On Hold to a total maximum of 28 days within any six (6) month period. b) Members on a Minimum 12 Month Fortnightly Debit Agreement may place their membership On Hold to a total maximum of 56 days within any twelve (12) month period. c) Members on a Minimum 18 or 24 Month Fortnightly Debit Agreement may place their membership On Hold to a total maximum of 70 days within any 18 or 24 months period respectively.

6.7

‘Short Term’ Memberships

6.7.1	‘Short Term’ members can place their membership On Hold for a minimum period of 14 days (and then in seven (7) day increments).
6.7.2	A fee of $10 for every fortnight (or $5 per week pro-rata) the membership is On Hold is payable to keep the membership active.

6.8

Monthly Debit Memberships

6.8.1	A fee of $10 (payable in person at the Centre at time of On Hold request) is payable for each request.
6.8.2	A minimum of five (5) business days notice is required to put Monthly Debit memberships On Hold. Less than five (5) business days notice may result in your next debit still being processed.
6.8.3	A minimum 30 day period applies (one debit) to all Monthly Debit membership On Hold requests.
6.8.4	a) Members on a Minimum 6 Month Monthly Debit Agreement may place their membership On Hold once only for 30 days within any six (6) month period. b) Members on a Minimum 12 Month Monthly Debit Agreement may place their membership On Hold for a minimum of 30 days on any request, to a total maximum of 60 days - that is, either 2 x 30 days or 1 x 60 days, within any twelve (12) month period.

6.9

Debit installments will re-commence automatically on the billing date following the completion of On Hold period as stated on the On Hold application. If applicable, the installment will be calculated on a pro-rata basis.

6.10

If On Hold is granted within the initial contract period, the initial contract period will be extended by the same length of time as per the On Hold request.

6.11

Notice to cancel a Fortnightly/Monthly Debit Membership cannot be given whilst membership is On Hold. Membership must be re-activated and then notice to cancel (if outside of initial contract period) may be given.

7.0 BREACH OF CONDITIONS

7.1

Centre management has the right to apply sanctions on any member found to be in breach of membership conditions. Such sanctions may include:

7.1.1	Warning or counselling of the member.
7.1.2	Suspending membership privileges for a defined period of time.
7.1.3	Cancelling the membership without refund.
7.1.4	Refusal of entry to any of Fairfield City's Leisure Centres

8.0 ADDITIONAL CONDITIONS FOR FORTNIGHTLY/MONTHLY DEBIT MEMBERSHIPS (refer to Membership Agreement for further conditions)
8.1	RegalCroft acts as the billing agent for Fairfield City Leisure Centres.
8.2	Two (2) fortnightly instalments are required at time of joining. In addition, an initial joining fee may be applicable, and in some instances; a one-week pro-rata instalment may be required. Fortnightly billing fees apply. There is a maximum 21 days to supply all agreement/banking details from the date of joining or all joining and membership fees and membership will be forfeited.
8.3	A minimum of five (5) business days notice is required to change your bank/direct debit details (account number).
8.4	Members are responsible for providing the correct account number. Fees imposed by financial institutions and billing companies for providing incorrect bank details are the responsibility of the member.
8.5	Cancellation of a membership requires a minimum 28 days written notice (the minimum term must still be completed). This is to be done in person at the Centre by completing the appropriate form provided by Fairfield City Leisure Centres. Fortnightly/Monthly debit will continue to apply for 28/30 days from this point.
8.6	If account is in arrears at time of requesting cancellation, cancellation cannot be accepted until arrears are cleared.
8.7	If remaining debit(s) are not successfully processed once cancellation notice has been given, the cancellation becomes void until any outstanding amounts on the account / agreement is cleared.
8.8	Direct debit members will be notified in writing 30 days before any increase in fees may occur, unless under special circumstance.
8.9	Any member who is two (2) or more instalments in arrears will have sanctions imposed (see condition 7.1.2).
8.10	Persons under the age of 16 are not permitted to join on a Fortnightly Debit Membership.
8.11	If a member’s account is sent to a debt collection agency, the person may only re-join on an Up-Front Membership if he/she has cleared the outstanding debt.
8.12	If an error has been made by either Fairfield City Leisure Centres or RegalCroft Billing Agency, where by the member has not been debited correctly or at all for any period of time, the member shall pay any amount not debited correctly. Failure to do so will result in the person being referred to a debt collection agency.

9.0 LIABILITY AND RISK
9.1	In consideration of being accepted as a member of Fairfield City Leisure Centres each member, EXPRESSLY ACKNOWLEDGES AND AGREES that (subject only to gross negligence on the part of Fairfield City Leisure Centres staff or management, being the direct cause of any loss, damage or injury to occur) each member will enter upon the Fairfield City Leisure Centres premises and surrounds and/or will participate in the programs, utilise the equipment and/or take advantage of the services offered therein absolutely at his or her own risk, such that each member RELEASES AND DISCHARGES Fairfield City Leisure Centres its management, staff and contractors from all liability for loss, damage or injury which may be sustained by a member in such manner, or under such circumstances.
9.2	The acknowledgment of liability and risk by each member and the release from liability for Fairfield City Leisure Centres, its management staff and contractors, as set out in 9.1 above, is in addition to and not in substitution for any other membership condition including, in particular, but without limitation, clause 2 of these Terms and Conditions of Membership.
9.3	Each member further acknowledges and agrees that subject only to negligence of the Fairfield City Leisure Centres, its management, staff or contractors, no action, claim, demand or proceedings will be instituted against Fairfield City Leisure Centres, its management staff or contractors by or on behalf of any such member, as a result of or arising from loss, injury or damage sustained by that member, in such manner or under such circumstances as are set out in this clause 9.

10.0 LEISURE CENTRES TERMS & CONDITIONS OF ENTRY
10.1	Each member expressly acknowledges and agrees that despite his/her membership of the Fairfield City Leisure Centres, he/she is nonetheless subject to and must fully comply with the Terms and Conditions of Entry to the Fairfield City Leisure Centres, in force from time to time.
10.2	A copy of the Terms & Conditions of Entry to Fairfield City Leisure Centres currently in force is attached to and forms part of these Terms & Conditions of Membership.
10.3	In the event of an inconsistency between these Terms and Conditions of Membership and the Terms & Conditions of Entry to Fairfield City Leisure Centres at any time and from time to time, the Terms & Conditions of Entry to the Fairfield City Leisure Centres, will take precedence over these Terms & Conditions of Membership, which will then be deemed to have been amended accordingly, to allow for any such inconsistency.

Privacy

Fairfield City Leisure Centres collect and use personal information about you primarily to supply the products and services you utilise at the Centres.

Fairfield City Leisure Centres also collects and uses personal information for related purposes including:

	billing and account management;
	business planning and product development; and
	to provide you with information about promotions, as well as other products and services offered at Fairfield City Leisure Centres.

If you do not provide all the personal information Fairfield City Leisure Centres request from you, Fairfield City Leisure Centres may be unable to supply the products or services you have requested. By providing your personal information to us you acknowledge that, and consent to us collecting and using your personal information to contact you for market research and to provide you information and offers about products and services offered by Fairfield City Leisure Centres.

Fairfield City Leisure Centres value the personal information you provide and will:

	take all possible precautions to prevent unauthorised access to that information.
	not give your personal information to any other organisation for their marketing purposes.
	with your assistance, keep your personal information accurate, complete and up to date.