360 Membership Terms and Conditions
All 360 membership terms and conditions have been established to ensure maximum enjoyment and usage of the Centres by 360 members. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy .
360 Membership Products
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made whilst holding a 360 membership is not indicative of future pricing.
2. Direct Debit
Our centres use an authorised third-party provider; Xplor Recreation, to manage the Direct Debit payment system. All debits are processed every fortnight from the account or credit card nominated upon setting up your membership. American Express, Diners or Non-Australian accounts are not accepted as forms of payment.
Acceptance of the Direct Debit Terms and Conditions is a requirement of commencing a membership with recurring payments. Members shall be liable for all associated direct debit fees and charges as set out in their terms and conditions.
I understand pro-rata fees may be applied upon commencing a new membership agreement.
I acknowledge that increases in periodic payments may occur, however members will be a given a minimum of 30 days written notice.
As a third-party provider, Xplor Recreation may contact you regarding any suspension, cancellation request or arrears notice. Belgravia Leisure reserves the right to do so on its behalf also.
A Direct Debit Membership Agreement offers a membership with no lock in contract. It may be cancelled at any time, once a payment for the initial term of 14 days has been completed successfully. A Direct Debit membership requires satisfaction of an initial joining fee. From the date of joining, Xplor Recreation will facilitate fortnightly debits to satisfy the ongoing membership fee.
3. Membership Access
Membership commences on the date stated on the membership agreement.
For concession eligible membership products, a valid Concession ID must be presented at the time of purchase.
A member must present their membership pass for admittance to the Centre. Admittance may be refused if a member fails to provide their pass on request of Centre staff. An administration fee will be charged to replace lost, damaged or stolen physical passes. Membership is personal to the ‘member’ and the membership pass cannot be assigned or transferred to another person unless authorised by the Centre.
Members will be required to swipe their membership pass to gain entry to the gym and group fitness areas, where access points have been allocated.
In the instance that a centre is not available for an extended period beyond 14 days during the membership term, an extension of the original term will be applied.
4. Cooling Off Period
A seven (7) day ‘Cooling Off’ Period is afforded to all new Membership Agreements, granting a right to cancel the agreement within seven (7) days from the date of signing this agreement without incurring the first scheduled direct debit. If exercised, Administration fees and fees for services provided will be deducted prior to issuing a refund in relation to the ‘cooling off period’.
Written notice of intention to cancel must be received by the centre, in writing, within seven (7)days of beginning an agreement for this to be effective.
5. Cancellation
The Centre reserves the right to cancel this membership agreement and request return of the access pass at its discretion.
Cancellations of a membership agreement can occur at any time, and is subject to the centre receiving 14 days written notice. A cancellation request form can be submitted either in-centre or via the centre’s website.
I understand pro-rata fees may apply upon cancelling a membership.
The centre will only waive the 14 day notice period in the following circumstances:
Belgravia Leisure may at its absolute discretion refund membership fees paid upfront in circumstances of extreme hardship or special circumstances.
6. Suspension
Temporary suspension of a membership agreement can occur at any time, and is subject to the centre receiving 14 days written notice. A suspension request form can be submitted either in-centre or via the centre’s website.
A member may suspend their membership for a maximum period of up to 6 weeks per year.
All suspensions must be a minimum of seven (7) days and cannot be back-dated at any time.
Scheduled membership payments will be reactivated at the conclusion of the suspension period.
I understand pro-rata fees may apply within a suspension period.
Suspensions will not be processed if the account is in arrears.
9. Unavailability of facility or services
The centre reserves the right to amend, change or cancel classes at any time with no notice.
The centre reserves the right to change class instructors at any time with no notice.
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
10. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
11. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the facilities, classes or services. Please refer to current operational information displayed within the Centre or on the centre’s website.
12. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of the City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre, or who display inappropriate and / or anti-social behaviour.
Failure to do so will result in members and their guests being escorted from the facilities and may also result in entry being refused entry in the future, or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified.
13. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you.If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part."Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW) a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating.Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above.Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Disclaimer. To the extent permitted by law, the Centre and Belgravia Leisure excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Belgravia Leisure, and/or any act or omission of the Centre and/or Belgravia Leisure.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Australian Consumer Law and Fair-Trading Act 2012
14. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, in the cancellation of membership outright and the referral of the matter to Police if warranted.
15. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure; its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy.Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure.If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Direct Debit Terms and Conditions
This is your Direct Debit Service Agreement with our centre. It explains what your obligations are when undertaking a Direct Debit arrangement with us. Please keep this agreement for future reference, it forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
Definitions
Account - Means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement - Means this Direct Debit Request Service Agreement between you and us.
Banking Day - Means a day other than a Saturday or Sunday/or Public Holiday listed throughout Australia.
Debit Day - Means the day that payment by you to us is due.
Debit Payment - Means a particular transaction where a debit is made.
Direct Debit Request - Means the Direct Debit Request between us and you.
Us or We - Means Centre User (the Debit User) you have authorised by requesting a Direct Debit Request.
You - Means the customer who has signed or authorised by other means the Direct Debit Request.
Financial Institution - Means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We do not accept American Express, Diners or Non-Australian accounts.
1.3 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
1.4 All debits will be on a fortnightly basis.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least 14 days written notice.
3. Amendments by you
3.1 You may change, stop or defer a direct debit payment, or terminate this agreement in accordance with the terms and conditions of your membership agreement.
4. Your obligations
4.1 It is your responsibility to ensure there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
a) you may be charged a fee and/or interest by your financial institution
b) you will be required to arrange for the debit payment to be made in Centre or arrange for sufficient clear funds to be in your account for re-billing in the next debit cycle.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 All members must be 18 years of age or over to be debited.
4.5 If the account being debited is not in the name of the member enrolling, the account holder must be present at the time of signing the agreement.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify the Centre and confirm in writing as soon as possible so that we can resolve your query more quickly.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for a credit to your membership account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6. Accounts
You should check:
a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions
b) your account details which you have provided to us are correct by checking them against a recent account statement
c) with your financial institution before completing the Direct Debit Request, if you have any queries about how to complete the Direct Debit Request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
a) to the extent specifically required by law; or
b) for the purposes of this agreement (including disclosing information in connection with any query or claim)
8. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should email the respective centre. Email addresses are available at the bottom of this form or on our websites.
8.2 We will notify you by sending an email to the email address nominated in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
8.4 We do not accept responsibility for contact details which are not updated. Members will not be reimbursed for any miscommunication as a result of incorrect details
Direct Debit Authorisation
1. Introduction
This document outlines the rights and responsibilities you have regarding the ability of Belgravia Leisure and its payment provider to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract.
2. Definitions
In this Contract, the words and phrases referred to below are defined as follows:
“Commencement Date” means the date that the Centre provides the Services to the Customer or such other date as agreed by the Centre and the Customer.
“Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
“Customer” or “you” means the person or party signing this Contract.
“Centre” means the organisation providing the Services and/or its franchisees, as applicable.
“Centre Membership Agreement” means any terms, conditions and contractual agreements made between the Centre and the Customer.
“Services” means the services to be provided by the Centre pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Centre and does not mean the “actual” use of the Services.
3. Term
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Centre, and in line with the terms and conditions of the membership product. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by the Centre to the last address of the Customer that the Centre has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
Change in Centre details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Centre’s premises, a change in the ownership of the Centre, or a change in the name of the Centre; and
Rights conditional – the Customer’s rights to the Services are conditional upon complying with any rules and conditions of the Centre relating to the Services; and making any payments required under this Contract when due.
6. Payments
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to the Centre by the Customer on signing this Contract. The Customer authorises the Centre to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as the Centre may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated in this Contract is payable by the Customer to the Centre for each reversal of a payment initiated by the third-party direct debit provider in accordance with this Contract. The Customer authorises the Centre to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
9. Liability
The Customer agrees that, to the extent permitted by law, neither the Centre, authorised third-party providers including direct debit payment system providers, or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
10. Debt Collection Action
The Customer:
Authorises the Centre to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
authorises the Centre to add $50 to the outstanding debt as its fee for dealing with the default; and
agrees to pay all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency.
11. Entire Agreement
This Contract and the Centre Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Centre and authorised third-party providers including direct debit payment system providers, relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Centre Membership Agreement that specifically relate to the rights and obligations of the Centre (other than any right to unilaterally vary fees payable), the terms of the Centre Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
Direct Debit Request Service Agreement
1. Initial terms
Belgravia Leisure will debit your nominated account via its authorised third-party direct debit for the amounts and at the frequency of payments as agreed on the Centre Membership agreement authorised and accepted by you.
2. Change of terms
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable; the new amount, new frequency and next debit date.
3. Deferring or stopping a payment
Should you wish to defer a payment to another date you must contact the Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Centre and will depend on the length of deferment, the current state of your account and your history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. Suspending the payments
Suspension of payments may be possible under the terms of your Centre Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. Cancelling the payments
You can cancel this Direct Debit Request Authority by requesting this in writing to the Centre. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
7. Disputes
If you dispute any debit payment, you must notify the Centre immediately. The Centre will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. Non-working day
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. Dishonoured payments
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, the Centre will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. The Centre may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
10. Enquiries
All enquiries should be directed to the Centre in writing and should be made at least two (2) working days prior to the next scheduled debit date.
11. Your other responsibilities
In addition to those already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide the Centre with a new account number.
12. Costs and other amounts payable
Administration fee: The fee could range between $0 and $110 depending on your arrangement with your merchant. For example: You may be charged a one off fee of $10. If so it will be clearly indicated on the DDR form that you complete with your merchant. When payable: Once only when the Product is first established
Reversal: Up to $15. When payable: On the Dishonour of a payment
Debt Collection: $50 plus 25% of full outstanding balance. For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50 plus 25% of the remaining balance (i.e. 25% of $200). When payable: On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.
Learn to Swim Terms and Conditions
All Learn to Swim terms and conditions have been established to ensure maximum enjoyment and usage of the Centres by participants enrolled in the Learn to Swim program. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy .
Learn to Swim Products
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made whilst enrolled in the Learn to Swim program is not indicative of future pricing.
2. Direct Debit
Our centres use an authorised third-party provider; Xplor Recreation, to manage the Direct Debit payment system. All debits are processed every fortnight from the account or credit card nominated upon setting up your membership. American Express, Diners or Non-Australian accounts are not accepted as forms of payment.
Acceptance of the Direct Debit Terms and Conditions is a requirement of commencing a membership with recurring payments. Members shall be liable for all associated direct debit fees and charges as set out in their terms and conditions.
I understand pro-rata fees may be applied upon commencing a new membership agreement.
I understand a one-off joining fee may be applied upon commencing a new membership agreement.
I acknowledge that increases in periodic payments may occur, however members will be a given a minimum of 30 days written notice.
As a third-party provider, Xplor Recreation may contact you regarding any suspension, cancellation request or arrears notice. Belgravia Leisure reserves the right to do so on its behalf also.
A Direct Debit Membership Agreement offers a membership with no lock in contract. It may be cancelled at any time, once a payment for the initial term of 14 days has been completed successfully. A Direct Debit membership requires satisfaction of an initial joining fee. From the date of joining, Xplor Recreation will facilitate fortnightly debits to satisfy the ongoing membership fee.
3. Enrolment
I acknowledge that increases in periodic payments may occur, however learn to swim program participants will be a given a minimum of 30 days written notice.
I understand that my membership agreement is with Belgravia Leisure. Belgravia Leisure may change direct-debit providers upon providing me with 30 days written notice.
I acknowledge the Learn to Swim enrolment permits the entry of one child into the centre during the time of their scheduled swimming lesson, along with complimentary entry for up to two supervising adults.
I understand that if I wish to bring additional individuals to the Centre beyond the child and supervising adults included with the Learn to Swim enrolment, that each additional person accompanying me will be required to pay the designated entry fee of the centre.
4. Centre and Facility Access
A learn to swim enrolment provides access outside of the enrolled lesson time to the individual who is enrolled in the program during the centres regular operating hours. When accessing the centre outside of lesson time, the centres aquatic supervision guidelines must be adhered to.
The individual enrolled into the learn to swim program or the child’s responsible person / guardian must present their access pass to obtain admittance into the Centre or tap their pass to gain facility entry where access points have been allocated.
Admittance may be refused if the individual or responsible person fails to provide their pass on request by Centre staff.
An administration fee applies to replace lost, damaged or stolen passes.
5. Cooling Off Period
A seven (7) day ‘Cooling Off’ Period is afforded to all new Membership Agreements, granting a right to cancel the agreement within seven (7) days from the date of signing this agreement without incurring the first scheduled direct debit. If exercised, Administration fees and fees for services provided will be deducted prior to issuing a refund in relation to the ‘cooling off period’.
Written notice of intention to cancel must be received by the centre, in writing, within seven (7)days of beginning an agreement for this to be effective.
6. Cancellation
The Centre reserves the right to cancel this membership agreement and request return of the access pass at its discretion.
Cancellations of a Learn to Swim direct debit agreement by a member can occur at any time while holding a valid membership agreement, and is subject to the centre receiving 14 days written notice. A cancellation request form can be submitted either in-centre or via the centres website.
The centre will only waive the 14-day notice period in the following circumstances:
Belgravia Leisure may at its absolute discretion refund membership fees paid upfront in circumstances of extreme hardship or special circumstances.
7. Make-Up Lessons
To generate a make-up lesson on the students account, a student can withdraw their attendance from an upcoming class up to 7 days in advance. By doing so, a make-up lesson will be generated in the student’s online customer account.
A class withdrawal removes the student from the nominated upcoming class only and does not withdraw their enrolment from the learn to swim program and the enrolled re-occurring class in its entirety.
Booking into a make-up lesson is subject to class availability.
A student is only eligible for one (1) make-up lesson within a 30-day period.
A make-up lesson expires if not used within 60 days of submitting the class withdrawal request.
A make-up lesson can be booked up to 7 days in advance.
Class withdrawal cannot be processed within 2 hours prior to the class commencing.
Please respect our precautionary health rules and refrain from lessons if the enrolled student is suffering from the following:
8. Missed Lessons
Refunds or make up lessons will not be granted retrospectively for missed lessons except as determined by Belgravia Leisure at its absolute discretion on a case by case basis.
9. Payment Break Request
A payment break request is subject to approval by centre management, as determined by Belgravia Leisure at its absolute discretion on a case by case basis. Belgravia Leisure reserves the right to decline a payment break request.
In the instance a payment break is approved, a payment break can be applied for a maximum period of up to six (6) weeks and is subject to the centre receiving the request in writing with 14 days written notice.
A payment break request cannot be backdated at any time.
Pro-rata fees may apply upon the application of a payment break.
A payment break request and cancellation request cannot be submitted at the same time.
10. Unavailability of facility or services
The centre reserves the right to amend, change or cancel lessons at any time with no notice.
The centre reserves the right to change class instructors at any time with no notice.
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
11. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
12. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the facilities, classes or services. Please refer to current operational information displayed within the Centre or on the centre’s website.
13. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of the City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre, or who display inappropriate and / or anti-social behaviour.
Failure to do so will result in members and their guests being escorted from the facilities and may also result in entry being refused in the future, or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified.
14. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you.If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part."Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW) a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating.Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above.Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Disclaimer. To the extent permitted by law, the Centre and Belgravia Leisure excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Belgravia Leisure, and/or any act or omission of the Centre and/or Belgravia Leisure.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Australian Consumer Law and Fair-Trading Act 2012
15. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, and the cancellation of membership outright and the referral of the matter to Police if warranted.
16. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure; its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy.Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure.If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Direct Debit Terms and Conditions
This is your Direct Debit Service Agreement with our centre. It explains what your obligations are when undertaking a Direct Debit arrangement with us. Please keep this agreement for future reference, it forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
Definitions
Account - Means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement - Means this Direct Debit Request Service Agreement between you and us.
Banking Day - Means a day other than a Saturday or Sunday/or Public Holiday listed throughout Australia.
Debit Day - Means the day that payment by you to us is due.
Debit Payment - Means a particular transaction where a debit is made.
Direct Debit Request - Means the Direct Debit Request between us and you.
Us or We - Means Centre User (the Debit User) you have authorised by requesting a Direct Debit Request.
You - Means the customer who has signed or authorised by other means the Direct Debit Request.
Financial Institution - Means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We do not accept American Express, Diners or Non-Australian accounts.
1.3 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
1.4 All debits will be on a fortnightly basis.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least 14 days written notice.
3. Amendments by you
3.1 You may change, stop or defer a direct debit payment, or terminate this agreement in accordance with the terms and conditions of your membership agreement.
4. Your obligations
4.1 It is your responsibility to ensure there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
a) you may be charged a fee and/or interest by your financial institution
b) you will be required to arrange for the debit payment to be made in Centre or arrange for sufficient clear funds to be in your account for re-billing in the next debit cycle.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 All members must be 18 years of age or over to be debited.
4.5 If the account being debited is not in the name of the member enrolling, the account holder must be present at the time of signing the agreement.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify the Centre and confirm in writing as soon as possible so that we can resolve your query more quickly.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for a credit to your membership account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6. Accounts
You should check:
a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions
b) your account details which you have provided to us are correct by checking them against a recent account statement
c) with your financial institution before completing the Direct Debit Request, if you have any queries about how to complete the Direct Debit Request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
a) to the extent specifically required by law; or
b) for the purposes of this agreement (including disclosing information in connection with any query or claim)
8. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should email the respective centre. Email addresses are available at the bottom of this form or on our websites.
8.2 We will notify you by sending an email to the email address nominated in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
8.4 We do not accept responsibility for contact details which are not updated. Members will not be reimbursed for any miscommunication as a result of incorrect details
Direct Debit Authorisation
1. Introduction
This document outlines the rights and responsibilities you have regarding the ability of Belgravia Leisure and its payment provider to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract.
2. Definitions
In this Contract, the words and phrases referred to below are defined as follows:
“Commencement Date” means the date that the Centre provides the Services to the Customer or such other date as agreed by the Centre and the Customer.
“Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
“Customer” or “you” means the person or party signing this Contract.
“Centre” means the organisation providing the Services and/or its franchisees, as applicable.
“Centre Membership Agreement” means any terms, conditions and contractual agreements made between the Centre and the Customer.
“Services” means the services to be provided by the Centre pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Centre and does not mean the “actual” use of the Services.
3. Term
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Centre, and in line with the terms and conditions of the membership product. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by the Centre to the last address of the Customer that the Centre has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
Change in Centre details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Centre’s premises, a change in the ownership of the Centre, or a change in the name of the Centre; and
Rights conditional – the Customer’s rights to the Services are conditional upon complying with any rules and conditions of the Centre relating to the Services; and making any payments required under this Contract when due.
6. Payments
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to the Centre by the Customer on signing this Contract. The Customer authorises the Centre to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as the Centre may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated in this Contract is payable by the Customer to the Centre for each reversal of a payment initiated by the third-party direct debit provider in accordance with this Contract. The Customer authorises the Centre to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
9. Liability
The Customer agrees that, to the extent permitted by law, neither the Centre, authorised third-party providers including direct debit payment system providers, or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
10. Debt Collection Action
The Customer:
Authorises the Centre to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
authorises the Centre to add $50 to the outstanding debt as its fee for dealing with the default; and
agrees to pay all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency.
11. Entire Agreement
This Contract and the Centre Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Centre and authorised third-party providers including direct debit payment system providers, relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Centre Membership Agreement that specifically relate to the rights and obligations of the Centre (other than any right to unilaterally vary fees payable), the terms of the Centre Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
Direct Debit Request Service Agreement
1. Initial terms
Belgravia Leisure will debit your nominated account via its authorised third-party direct debit for the amounts and at the frequency of payments as agreed on the Centre Membership agreement authorised and accepted by you.
2. Change of terms
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable; the new amount, new frequency and next debit date.
3. Deferring or stopping a payment
Should you wish to defer a payment to another date you must contact the Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Centre and will depend on the length of deferment, the current state of your account and your history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. Suspending the payments
Suspension of payments may be possible under the terms of your Centre Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. Cancelling the payments
You can cancel this Direct Debit Request Authority by requesting this in writing to the Centre. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
7. Disputes
If you dispute any debit payment, you must notify the Centre immediately. The Centre will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. Non-working day
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. Dishonoured payments
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, the Centre will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. The Centre may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
10. Enquiries
All enquiries should be directed to the Centre in writing and should be made at least two (2) working days prior to the next scheduled debit date.
11. Your other responsibilities
In addition to those already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide the Centre with a new account number.
12. Costs and other amounts payable
Administration fee: The fee could range between $0 and $110 depending on your arrangement with your merchant. For example: You may be charged a one off fee of $10. If so it will be clearly indicated on the DDR form that you complete with your merchant. When payable: Once only when the Product is first established
Reversal: Up to $15. When payable: On the Dishonour of a payment
Debt Collection: $50 plus 25% of full outstanding balance. For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50 plus 25% of the remaining balance (i.e. 25% of $200). When payable: On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.
360 Learn to Swim Family Membership Terms and Conditions
All 360 Learn to Swim Family membership terms and conditions have been established to ensure maximum enjoyment and usage of the Centres by 360 members and participants enrolled in the Learn to Swim program. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy .
360 Learn to Swim Family Membership Product
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made whilst holding a valid membership is not indicative of future pricing.
This membership includes two (2) adult participants with access to the fitness facilities and swimming pools for recreational and lap swimming only. It excludes learn to swim programming for adults.
This membership also includes two (2) children with access to 48 weeks of group swimming lessons each year, as part of the Water Safety Program – Learn to Swim. It excludes squads, clinics, holiday programs and all other pay per use aquatic and fitness programming.
Swimming lessons are applicable for the children in each family unit, and is limited to one swimming lesson per week, for each child. The membership provides unlimited recreational and lap swimming outside of lesson times for the family unit.
Suspensions, refunds, or credits do not apply to learn to swim enrolments as part of a family membership.
2. Eligibility
To be eligible there must be two (2) children first enrolled into the learn to swim program.
NSW Government program vouchers e.g. First Lap and Active kids cannot be applied to this membership
3. Direct Debit
Our centres use an authorised third-party provider; Xplor Recreation, to manage the Direct Debit payment system. All debits are processed every fortnight from the account or credit card nominated upon setting up your membership. American Express, Diners or Non-Australian accounts are not accepted as forms of payment.
Acceptance of the Direct Debit Terms and Conditions is a requirement of commencing a membership with recurring payments. Members shall be liable for all associated direct debit fees and charges as set out in their terms and conditions.
I understand pro-rata fees may be applied upon commencing a new membership agreement.
I understand a one-off joining fee may be applied upon commencing a new membership agreement.
I acknowledge that increases in periodic payments may occur, however learn to swim program participants will be a given a minimum of 30 days written notice.
I understand that my membership agreement is with Belgravia Leisure. Belgravia Leisure may change direct-debit providers upon providing me with 30 days written notice.
As a third-party provider, Xplor Recreation may contact you regarding any suspension, cancellation request or arrears notice. Belgravia Leisure reserves the right to do so on its behalf also.
A Direct Debit Membership Agreement offers a membership with no lock in contract. It may be cancelled at any time, once a payment for the initial term of 14 days has been completed successfully. A Direct Debit membership requires satisfaction of an initial joining fee. From the date of joining, Xplor Recreation will facilitate fortnightly debits to satisfy the ongoing membership fee.
4. Membership Access
Membership commences on the date stated on the membership agreement.
A member must present their membership pass for admittance to the Centre. Admittance may be refused if a member fails to provide their pass on request of Centre staff.
An administration fee will be charged to replace lost, damaged or stolen physical passes. Membership is personal to the ‘member’ and the membership pass cannot be assigned or transferred to another person unless authorised by the Centre.
Members will be required to swipe their membership pass to gain entry to the gym and group fitness areas, where access points have been allocated.
The individual enrolled into the learn to swim program or the child’s responsible person / guardian must present their access pass to obtain admittance into the Centre or tap their pass to gain facility entry where access points have been allocated.
5. Cooling Off Period
A seven (7) day ‘Cooling Off’ Period is afforded to all new Membership Agreements, granting a right to cancel the agreement within seven (7) days from the date of signing this agreement without incurring the first scheduled direct debit. If exercised, Administration fees and fees for services provided will be deducted prior to issuing a refund in relation to the ‘cooling off period’.
Written notice of intention to cancel must be received by the centre, in writing, within seven (7)days of beginning an agreement for this to be effective.
6. Cancellation
The Centre reserves the right to cancel this membership agreement and request return of the access pass at its discretion.
Cancellations of a membership agreement can occur at any time, and is subject to the centre receiving 14 days written notice. A cancellation request form can be submitted either in-centre or on the centre’s website.
I understand pro-rata fees may be applied upon commencing a new membership agreement.
The centre will only waive the 14 day notice period in the following circumstances:
Belgravia Leisure may at its absolute discretion refund membership fees paid upfront in circumstances of extreme hardship or special circumstances.
7. Enrolment
I acknowledge the Learn to Swim enrolment permits the entry of one child into the centre during the time of their scheduled swimming lesson, along with complimentary entry for up to two supervising adults.
I understand that if I wish to bring additional individuals to the Centre beyond the child and supervising adults included with the Learn to Swim enrolment, that each additional person accompanying me will be required to pay the designated entry fee of the centre.
7. Make-Up Lessons
To generate a make-up lesson on the students account, a student can withdraw their attendance from an upcoming class up to 7 days in advance. By doing so, a make-up lesson will be generated in the student’s online customer account.
A class withdrawal removes the student from the nominated upcoming class only and does not withdraw their enrolment from the learn to swim program and the enrolled re-occurring class in its entirety.
Booking into a make-up lesson is subject to class availability.
A student is only eligible for one (1) make-up lesson within a 30-day period.
A make-up lesson expires if not used within 60 days of submitting the class withdrawal request.
A make-up lesson can be booked up to 7 days in advance.
Class withdrawal cannot be processed within 2 hours prior to the class commencing.
Please respect our precautionary health rules and refrain from lessons if the enrolled student is suffering from the following:
8. Missed Lessons
Refunds or make up lessons will not be granted retrospectively for missed lessons except as determined by Belgravia Leisure at its absolute discretion on a case by case basis.
9. Unavailability of facility or services
The centre reserves the right to amend, change or cancel lessons at any time with no notice.
The centre reserves the right to change class instructors at any time with no notice.
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
10. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
11. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the facilities, classes or services. Please refer to current operational information displayed within the Centre or on the centre’s website.
12. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of the City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre, or who display inappropriate and / or anti-social behaviour.
Failure to do so will result in members and their guests being escorted from the facilities and may also result in entry being refused entry in the future, or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified.
13. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you.If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part."Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW) a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating.Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above.Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Disclaimer. To the extent permitted by law, the Centre and Belgravia Leisure excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Belgravia Leisure, and/or any act or omission of the Centre and/or Belgravia Leisure.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Australian Consumer Law and Fair-Trading Act 2012
14. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, in the cancellation of membership outright and the referral of the matter to Police if warranted.
14. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure; its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy.Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure.If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Direct Debit Terms and Conditions
This is your Direct Debit Service Agreement with our centre. It explains what your obligations are when undertaking a Direct Debit arrangement with us. Please keep this agreement for future reference, it forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
Definitions
Account - Means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement - Means this Direct Debit Request Service Agreement between you and us.
Banking Day - Means a day other than a Saturday or Sunday/or Public Holiday listed throughout Australia.
Debit Day - Means the day that payment by you to us is due.
Debit Payment - Means a particular transaction where a debit is made.
Direct Debit Request - Means the Direct Debit Request between us and you.
Us or We - Means Centre User (the Debit User) you have authorised by requesting a Direct Debit Request.
You - Means the customer who has signed or authorised by other means the Direct Debit Request.
Financial Institution - Means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We do not accept American Express, Diners or Non-Australian accounts.
1.3 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
1.4 All debits will be on a fortnightly basis.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least 14 days written notice.
3. Amendments by you
3.1 You may change, stop or defer a direct debit payment, or terminate this agreement in accordance with the terms and conditions of your membership agreement.
4. Your obligations
4.1 It is your responsibility to ensure there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
a) you may be charged a fee and/or interest by your financial institution
b) you will be required to arrange for the debit payment to be made in Centre or arrange for sufficient clear funds to be in your account for re-billing in the next debit cycle.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 All members must be 18 years of age or over to be debited.
4.5 If the account being debited is not in the name of the member enrolling, the account holder must be present at the time of signing the agreement.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify the Centre and confirm in writing as soon as possible so that we can resolve your query more quickly.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for a credit to your membership account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6. Accounts
You should check:
a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions
b) your account details which you have provided to us are correct by checking them against a recent account statement
c) with your financial institution before completing the Direct Debit Request, if you have any queries about how to complete the Direct Debit Request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
a) to the extent specifically required by law; or
b) for the purposes of this agreement (including disclosing information in connection with any query or claim)
8. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should email the respective centre. Email addresses are available at the bottom of this form or on our websites.
8.2 We will notify you by sending an email to the email address nominated in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
8.4 We do not accept responsibility for contact details which are not updated. Members will not be reimbursed for any miscommunication as a result of incorrect details
Direct Debit Authorisation
1. Introduction
This document outlines the rights and responsibilities you have regarding the ability of Belgravia Leisure and its payment provider to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract.
2. Definitions
In this Contract, the words and phrases referred to below are defined as follows:
“Commencement Date” means the date that the Centre provides the Services to the Customer or such other date as agreed by the Centre and the Customer.
“Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
“Customer” or “you” means the person or party signing this Contract.
“Centre” means the organisation providing the Services and/or its franchisees, as applicable.
“Centre Membership Agreement” means any terms, conditions and contractual agreements made between the Centre and the Customer.
“Services” means the services to be provided by the Centre pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Centre and does not mean the “actual” use of the Services.
3. Term
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Centre, and in line with the terms and conditions of the membership product. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by the Centre to the last address of the Customer that the Centre has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
Change in Centre details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Centre’s premises, a change in the ownership of the Centre, or a change in the name of the Centre; and
Rights conditional – the Customer’s rights to the Services are conditional upon complying with any rules and conditions of the Centre relating to the Services; and making any payments required under this Contract when due.
6. Payments
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to the Centre by the Customer on signing this Contract. The Customer authorises the Centre to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as the Centre may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated in this Contract is payable by the Customer to the Centre for each reversal of a payment initiated by the third-party direct debit provider in accordance with this Contract. The Customer authorises the Centre to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
9. Liability
The Customer agrees that, to the extent permitted by law, neither the Centre, authorised third-party providers including direct debit payment system providers, or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
10. Debt Collection Action
The Customer:
Authorises the Centre to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
authorises the Centre to add $50 to the outstanding debt as its fee for dealing with the default; and
agrees to pay all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency.
11. Entire Agreement
This Contract and the Centre Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Centre and authorised third-party providers including direct debit payment system providers, relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Centre Membership Agreement that specifically relate to the rights and obligations of the Centre (other than any right to unilaterally vary fees payable), the terms of the Centre Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
Direct Debit Request Service Agreement
1. Initial terms
Belgravia Leisure will debit your nominated account via its authorised third-party direct debit for the amounts and at the frequency of payments as agreed on the Centre Membership agreement authorised and accepted by you.
2. Change of terms
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable; the new amount, new frequency and next debit date.
3. Deferring or stopping a payment
Should you wish to defer a payment to another date you must contact the Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Centre and will depend on the length of deferment, the current state of your account and your history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. Suspending the payments
Suspension of payments may be possible under the terms of your Centre Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. Cancelling the payments
You can cancel this Direct Debit Request Authority by requesting this in writing to the Centre. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
7. Disputes
If you dispute any debit payment, you must notify the Centre immediately. The Centre will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. Non-working day
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. Dishonoured payments
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, the Centre will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. The Centre may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
10. Enquiries
All enquiries should be directed to the Centre in writing and should be made at least two (2) working days prior to the next scheduled debit date.
11. Your other responsibilities
In addition to those already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide the Centre with a new account number.
12. Costs and other amounts payable
Administration fee: The fee could range between $0 and $110 depending on your arrangement with your merchant. For example: You may be charged a one off fee of $10. If so it will be clearly indicated on the DDR form that you complete with your merchant. When payable: Once only when the Product is first established
Reversal: Up to $15. When payable: On the Dishonour of a payment
Debt Collection: $50 plus 25% of full outstanding balance. For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50 plus 25% of the remaining balance (i.e. 25% of $200). When payable: On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.
Aquatic Multi Visit Pass Terms and Conditions
All multi visit pass terms and conditions have been established to ensure maximum enjoyment and usage of the Centres by all multi visit pass holders. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy .
Multi-Visit Pass Product
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made for any multi visit pass is not indicative of future pricing.
2. Pass Activation
A multi visit pass is charged at an upfront fee and includes a commitment to a minimum number of visit, as agreed at the time of purchase.
There are no refunds for change of mind or circumstances, and any remaining value is nonrefundable, but is transferable by submitting a transfer request with the operator.
Where a closure of a centre, or part of its facilities, affects the pass owner’s ability to use the facilities for a period of more than 14 days, the expiration date for any valid pass will be extended by the duration of the closure.
Multi visit passes remain valid for three years from the time of initial purchase. Any balance remaining at the conclusion of the three-year period will be forfeited.
3. Centre and Facility Access
A multi visit pass commences on the date stated on the multi visit pass agreement.
For concession eligible membership products, a valid Concession ID must be presented at the time of purchase.
A multi visit pass holder must present their access pass to obtain admittance into the Centre, or tap their pass to gain facility entry, where access points have been allocated.
Admittance may be refused if a multi visit pass holder fails to provide their pass on request by Centre staff.
An administration fee applies to replace lost, damaged or stolen passes. Multi visit passes are personal to the ‘holder’ and the multi visit pass cannot be assigned or transferred to another person unless authorised by the Centre.
4. Refunds
The pass is non-refundable. However, it is transferable by submitting a transfer request with the operator.
5. Cancellation
The Centre reserves the right to cancel this agreement and request return of the multi visit pass access pass at its discretion.
6. Unavailability of facility or services
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
7. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
8. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the particular facilities, classes or services. Please refer to current operational information displayed within the Centre.
9. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre or who display inappropriate and or anti-social behaviour.
Failure to do so will result in members and their guests and attendees being escorted from the facilities and may also result in entry being refused in the future or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified
10. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW)a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating. Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above. Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
11. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, in the cancellation of membership outright and the referral of the matter to Police if warranted.
12. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure, its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy. Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure. If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Personal Training Terms and Conditions
All personal training terms and conditions have been established to ensure maximum enjoyment and usage of the Centres. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on 1300 198 412 or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy https://belgravialeisure.com.au/privacy-policy/.
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made for any personal training pack is not indicative of future pricing.
2. Upfront Personal Training Package
A personal training pack is charged at an upfront fee, payable at the time of purchase, and includes a commitment to a minimum number of visits, depending on the product type.
There are no refunds for change of mind or circumstances, and any remaining value is nonrefundable.
Where a closure of a centre, or part of its facilities, affects the pass owner’s ability to use the facilities for a period of more than 14 days, the expiration date for any valid pass will be extended by the duration of the closure.
Personal training packs remain valid for a period of twelve months from the time of initial purchase. Any balance remaining at the conclusion of the twelve-month period will be forfeited.
3. Centre and Facility Access
The validity period of a Personal training pack commences on the date stated on the personal training pack agreement.
Personal training sessions are subject to the availability of a personal trainer and their availability. The scheduled session day, time and centre location, will be agreed upon with the personal trainer at the time of purchase.
A personal training pack holder must present their access pass to obtain admittance into the Centre, or tap their pass to gain facility entry, where access points have been allocated.
Admittance may be refused if a personal training pack holder fails to provide their pass on request of Centre staff.
An administration fee applies to replace lost, damaged or stolen cards. Personal training pack passes are personal to the ‘holder’ and the pass cannot be assigned or transferred to another person unless authorised by the Centre.
4. Missed session, or late arrival
If you arrive late to a scheduled session, the trainer may still proceed with conducting a session within the remaining allocated session time, however, the session will finish on time at the conclusion of the scheduled session time.
If you are unable to attend a scheduled session you must notify the centre or your trainer directly in writing, providing a minimum 24 hours’ notice prior to the scheduled session. Failure to attend a session without prior written notice will result in the forfeit of that session, and the session will be deducted from the total number of remaining sessions available on the personal training pack.
5. Cancellation
The Centre reserves the right to cancel this agreement and request return of the multi visit pass access pass at its discretion.
6. Unavailability of facility or services
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
7. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
8. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the particular facilities, classes or services. Please refer to current operational information displayed within the Centre.
9. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre or who display inappropriate and or anti-social behaviour.
Failure to do so will result in members and their guests and attendees being escorted from the facilities and may also result in entry being refused in the future or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified
10. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you.If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part."Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW)a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating.Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above.Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
11. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, in the cancellation of membership outright and the referral of the matter to Police if warranted.
12. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure, its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy.Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure.If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Squad Terms and Conditions
All Squad terms and conditions have been established to ensure maximum enjoyment and usage of the Centres by Squad users. On acceptance by the Centre of this agreement you will be referred to as the ‘holder’ and have the usage rights and obligation as detailed below.
PRIVACY PROTECTION NOTICE
Purpose of collection: This information is being collected for the purpose of completing the purchase of a membership product from a Belgravia Leisure managed City of Sydney aquatic and leisure centre.
Intended recipients: Belgravia Leisure centre management staff and City of Sydney employees, authorised third-party providers including direct debit payment system providers, where applicable.
Supply: The supply of this information is voluntary. If you are unwilling to provide this information, Belgravia Leisure may be unable to complete the product transaction.
Access/Correction: Please contact our customer help desk on or at to access or correct your personal information.
Storage: Belgravia Leisure (Head Office located at 20 Longstaff Road, Bayswater, Victoria 3153) is collecting this information and will store it securely. For further details on how Belgravia Leisure manages personal information, please refer to our Privacy Policy .
360 Membership Products
1. Legally Binding Agreement
I understand that this agreement is legally binding, whether my use of the facility and its service is determined and paid on an upfront basis or otherwise. I acknowledge that any payment made whilst holding a Squad membership is not indicative of future pricing.
2. Direct Debit
Our centres use an authorised third-party provider; Xplor Recreation, to manage the Direct Debit payment system. All debits are processed every fortnight from the account or credit card nominated upon setting up your membership. American Express, Diners or Non-Australian accounts are not accepted as forms of payment.
Acceptance of the Direct Debit Terms and Conditions is a requirement of commencing a membership with recurring payments. Members shall be liable for all associated direct debit fees and charges as set out in their terms and conditions.
I understand pro-rata fees may be applied upon commencing a new membership agreement.
I understand a one-off joining fee may be applied upon commencing a new membership agreement.
I acknowledge that increases in periodic payments may occur, however members will be a given a minimum of 30 days written notice.
As a third-party provider, Xplor Recreation may contact you regarding any suspension, cancellation request or arrears notice. Belgravia Leisure reserves the right to do so on its behalf also.
A Direct Debit Membership Agreement offers a membership with no lock in contract. It may be cancelled at any time, once a payment for the initial term of 14 days has been completed successfully. A Direct Debit membership requires satisfaction of an initial joining fee. From the date of joining, Xplor Recreation will facilitate fortnightly debits to satisfy the ongoing membership fee.
3. Membership Access
Membership commences on the date stated on the membership agreement.
A squad membership may require a commitment to attending a minimum number of squad training sessions per week.
A member must present their membership pass for admittance to the Centre. Admittance may be refused if a member fails to provide their pass on request of Centre staff. An administration fee will be charged to replace lost, damaged or stolen physical passes. Membership is personal to the ‘member’ and the membership pass cannot be assigned or transferred to another person unless authorised by the Centre.
Members will be required to swipe their membership pass to gain entry to the gym and group fitness areas, where access points have been allocated.
In the instance that a centre is not available for an extended period beyond 14 days during the membership term, an extension of the original term will be applied.
4. Cooling Off Period
A seven (7) day ‘Cooling Off’ Period is afforded to all new Membership Agreements, granting a right to cancel the agreement within seven (7) days from the date of signing this agreement . If exercised, Administration fees and fees for services provided will be deducted prior to issuing a refund in relation to the ‘cooling off period’.
Written notice of intention to cancel must be received by the centre, in writing, within seven (7)days of beginning an agreement for this to be effective.
5. Cancellation
The Centre reserves the right to cancel this membership agreement and request return of the access pass at its discretion.
Cancellations of a membership agreement can occur at any time, and is subject to the centre receiving 14 days written notice. A cancellation request form can be submitted via the centre’s website.
I understand pro-rata fees may apply upon cancelling a membership.
The centre will only waive the 14 day notice period in the following circumstances:
Belgravia Leisure may at its absolute discretion refund membership fees paid upfront in circumstances of extreme hardship or special circumstances.
6. Suspension
Temporary suspension of a membership agreement can occur at any time, and is subject to the centre receiving 14 days written notice. A suspension request form can be submitted either in-centre or via the centre’s website.
A member may suspend their membership for a maximum period of up to 6 weeks per year.
All suspensions must be a minimum of seven (7) days and cannot be back-dated at any time.
Scheduled membership payments will be reactivated at the conclusion of the suspension period.
I understand pro-rata fees may apply within a suspension period.
Suspensions will not be processed if the account is in arrears.
9. Unavailability of facility or services
The centre reserves the right to amend, change or cancel classes at any time with no notice.
The centre reserves the right to change class instructors at any time with no notice.
I agree to accept the fact that a particular facility or service within the Centre premises may be unavailable at any particular time due to prior booking, mechanical breakdown, fire, act of God, loss of lease, catastrophe, or any other reason. Further, I agree not to hold the Centre responsible or liable for such occurrences.
10. General Rules
Upon entering a centre, all patrons are required to adhere to the centres Conditions of Entry.
11. Hours of Operation
The Centre reserves the right to vary, add or eliminate from time to time the operating hours or scheduled hours of any of the facilities, classes or services. Please refer to current operational information displayed within the Centre or on the centre’s website.
12. Exclusions
The Conditions of Entry, rules and policies of this Centre are put in place to ensure the comfort and safety of all patrons. Management reserves the right to remove patrons who disobey the Conditions of Entry, are in breach of the City of Sydney’s Disruptive Customer Policy, refuse to follow the direction of staff or rules and policies of the Centre, or who display inappropriate and / or anti-social behaviour.
Failure to do so will result in members and their guests being escorted from the facilities and may also result in entry being refused entry in the future, or the cancellation of membership outright.
A membership cancelled due to flagrant or repeated breach of the Conditions of Entry shall not attract any pro-rata refund.
In the case of serious offences or criminal activity, police will be notified.
13. Release
Risk Warning: Your participation in any physical activity at the Centre, including but not limited to the use or enjoyment of any facilities or equipment at or within the Centre (Physical Activities) is dangerous.You acknowledge that you are exposed to certain risks during any participation in Physical Activities at theVenue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or its duty of care under the Civil Liability Act 2002 (NSW) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Under section 22 of the Australian Consumer Law, the supplier is entitled to ask you to agree that these conditions do not apply to you.If you agree to these Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions.
Note: The change to your rights under the ACL (only), as set out in these Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part."Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.See regulation 5 of the Australian Consumer Law and section 22(3)(b) of the Australian Consumer Law.
For recreational services to which the Civil Liability Act 2002 (NSW) applies: Warning under the Civil Liability Act 2002 (NSW) a person does not owe a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity if the risk was the subject of a risk warning to the person participating.Under section 5M of the Civil Liability Act 2002 (NSW) Belgravia Leisure has given you such a risk warning above.Pursuant to section 5N of the Civil Liability Act 2002 (NSW), if you agree to these Conditions, you agree that the liability of Belgravia Leisure in relation to recreational services (as defined in the Civil Liability Act 2002 (NSW) for any: (a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence ofan injury);(c) the contraction, aggravation or acceleration of a disease;(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:(i) that is or may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
Disclaimer. To the extent permitted by law, the Centre and Belgravia Leisure excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Belgravia Leisure, and/or any act or omission of the Centre and/or Belgravia Leisure.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair-Trading Australian Consumer Law and Fair-Trading Act 2012
14. Child Protection
Our centres uphold practices that promote the safety, welfare and wellbeing of children and young people. All patrons must behave in compliance with ‘Child Protection Policies’ clearly displayed at each Centre.
Failure to do so by any patron will result in them being escorted from the premises, in the cancellation of membership outright and the referral of the matter to Police if warranted.
15. Privacy
Acceptance of a membership acknowledges the rights of Belgravia Leisure; its Contract partner the City of Sydney and its third-party provider Xplor Recreation to access and store personal information provided in this agreement. Your personal information may only be used by each organisation per their respective Privacy Policy. In line with City of Sydney Privacy Policy they main retain access and stored data past the completion of Belgravia Leisure’s tender.
Belgravia Leisure collects your personal information to operate the facilities, provide you with services and to enhance security and protect the safety of patrons of the facilities (including through surveillance equipment such as security cameras).The personal information you have provided to Belgravia Leisure is collected, used and disclosed in accordance with the Belgravia Leisure Privacy Policy (available from https://belgravialeisure.com.au/privacy-policy/ . Belgravia may share your personal information with third parties such as its billing service provider Xplor Recreation and its Principal and Contract Partner, the City of Sydney, and other companies engaged to carry out functions and activities on Belgravia Leisure's behalf, including direct marketing, companies Belgravia Leisure engages to operate any of its programs or otherwise in accordance with Belgravia Leisure's Privacy Policy.Belgravia Leisure's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by Belgravia Leisure.If you do not wish to receive promotional material from Belgravia Leisure, Belgravia Leisure's sponsors or third parties, you must advise Belgravia Leisure by email or telephone or via the specific opt-out procedures in the relevant communication.
Direct Debit Terms and Conditions
This is your Direct Debit Service Agreement with our centre. It explains what your obligations are when undertaking a Direct Debit arrangement with us. Please keep this agreement for future reference, it forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
Definitions
Account - Means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement - Means this Direct Debit Request Service Agreement between you and us.
Banking Day - Means a day other than a Saturday or Sunday/or Public Holiday listed throughout Australia.
Debit Day - Means the day that payment by you to us is due.
Debit Payment - Means a particular transaction where a debit is made.
Direct Debit Request - Means the Direct Debit Request between us and you.
Us or We - Means Centre User (the Debit User) you have authorised by requesting a Direct Debit Request.
You - Means the customer who has signed or authorised by other means the Direct Debit Request.
Financial Institution - Means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We do not accept American Express, Diners or Non-Australian accounts.
1.3 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
1.4 All debits will be on a fortnightly basis.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least 14 days written notice.
3. Amendments by you
3.1 You may change, stop or defer a direct debit payment, or terminate this agreement in accordance with the terms and conditions of your membership agreement.
4. Your obligations
4.1 It is your responsibility to ensure there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
a) you may be charged a fee and/or interest by your financial institution
b) you will be required to arrange for the debit payment to be made in Centre or arrange for sufficient clear funds to be in your account for re-billing in the next debit cycle.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 All members must be 18 years of age or over to be debited.
4.5 If the account being debited is not in the name of the member enrolling, the account holder must be present at the time of signing the agreement.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify the Centre and confirm in writing as soon as possible so that we can resolve your query more quickly.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for a credit to your membership account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6. Accounts
You should check:
a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions
b) your account details which you have provided to us are correct by checking them against a recent account statement
c) with your financial institution before completing the Direct Debit Request, if you have any queries about how to complete the Direct Debit Request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
a) to the extent specifically required by law; or
b) for the purposes of this agreement (including disclosing information in connection with any query or claim)
8. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should email the respective centre. Email addresses are available at the bottom of this form or on our websites.
8.2 We will notify you by sending an email to the email address nominated in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
8.4 We do not accept responsibility for contact details which are not updated. Members will not be reimbursed for any miscommunication as a result of incorrect details
Direct Debit Authorisation
1. Introduction
This document outlines the rights and responsibilities you have regarding the ability of Belgravia Leisure and its payment provider to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract.
2. Definitions
In this Contract, the words and phrases referred to below are defined as follows:
“Commencement Date” means the date that the Centre provides the Services to the Customer or such other date as agreed by the Centre and the Customer.
“Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
“Customer” or “you” means the person or party signing this Contract.
“Centre” means the organisation providing the Services and/or its franchisees, as applicable.
“Centre Membership Agreement” means any terms, conditions and contractual agreements made between the Centre and the Customer.
“Services” means the services to be provided by the Centre pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Centre and does not mean the “actual” use of the Services.
3. Term
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Centre, and in line with the terms and conditions of the membership product. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by the Centre to the last address of the Customer that the Centre has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
Change in Centre details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Centre’s premises, a change in the ownership of the Centre, or a change in the name of the Centre; and
Rights conditional – the Customer’s rights to the Services are conditional upon complying with any rules and conditions of the Centre relating to the Services; and making any payments required under this Contract when due.
6. Payments
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to the Centre by the Customer on signing this Contract. The Customer authorises the Centre to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate payment or otherwise) or to such other instalments as the Centre may, at its sole discretion, decide.
8. Late Payment Fee
A late payment fee of the amount indicated in this Contract is payable by the Customer to the Centre for each reversal of a payment initiated by the third-party direct debit provider in accordance with this Contract. The Customer authorises the Centre to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).
9. Liability
The Customer agrees that, to the extent permitted by law, neither the Centre, authorised third-party providers including direct debit payment system providers, or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.
10. Debt Collection Action
The Customer:
Authorises the Centre to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
authorises the Centre to add $50 to the outstanding debt as its fee for dealing with the default; and
agrees to pay all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency.
11. Entire Agreement
This Contract and the Centre Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Centre and authorised third-party providers including direct debit payment system providers, relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Centre Membership Agreement that specifically relate to the rights and obligations of the Centre (other than any right to unilaterally vary fees payable), the terms of the Centre Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.
Direct Debit Request Service Agreement
1. Initial terms
Belgravia Leisure will debit your nominated account via its authorised third-party direct debit for the amounts and at the frequency of payments as agreed on the Centre Membership agreement authorised and accepted by you.
2. Change of terms
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable; the new amount, new frequency and next debit date.
3. Deferring or stopping a payment
Should you wish to defer a payment to another date you must contact the Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Centre and will depend on the length of deferment, the current state of your account and your history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become overdue
4. Suspending the payments
Suspension of payments may be possible under the terms of your Centre Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. There is a charge of $5.00 per week while the contract is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. Cancelling the payments
You can cancel this Direct Debit Request Authority by requesting this in writing to the Centre. Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.
7. Disputes
If you dispute any debit payment, you must notify the Centre immediately. The Centre will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. Non-working day
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. Dishonoured payments
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, the Centre will debit the amount indicated on the front of this Contract with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. The Centre may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
10. Enquiries
All enquiries should be directed to the Centre in writing and should be made at least two (2) working days prior to the next scheduled debit date.
11. Your other responsibilities
In addition to those already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide the Centre with a new account number.
12. Costs and other amounts payable
Administration fee: The fee could range between $0 and $110 depending on your arrangement with your merchant. For example: You may be charged a one off fee of $10. If so it will be clearly indicated on the DDR form that you complete with your merchant. When payable: Once only when the Product is first established
Reversal: Up to $15. When payable: On the Dishonour of a payment
Debt Collection: $50 plus 25% of full outstanding balance. For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50 plus 25% of the remaining balance (i.e. 25% of $200). When payable: On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.