Binding Agreement
Subject to the cooling off period below, I acknowledge that by signing the membership application, I have entered into a legally binding agreement for the use of the Wanangkura Stadium, Gratwick Aquatic and Fitness Centre and South Hedland Aquatic Centre (‘Centre’) and locations where our programs are run.
Interpretation
The paragraph headings contained in this agreement are included solely for convenience of reference and shall not in any way affect the meaning or interpretation of any of the provisions herein.
Cooling-Off Period and Refund
I understand that I have a 7-day cooling-off period from the date and time of signing this agreement and can terminate without reason during that time by written notice to the Centre.
I also understand that if I cancel my membership during the seven-day cooling-off period, I will be charged a fee to cover administration costs and for any fitness services I have used. My initial investment, less the administration fee and any costs incurred by the Centre, will be refunded.
Limitation of Liability
I acknowledge and recognise the inherent risks of injury or ill health resulting from use of the Centre and participation in exercise generally. The Town of Port Hedland (TOPH) recommends that you seek medical advice prior to commencing any exercise program.
To the extent permitted by law, I agree to release and indemnify the TOPH for any loss or damage I suffer in respect of any incident arising out of injury, loss, damage or death caused to me or my property in any way whatsoever, except arising out of reckless conduct.
I agree that use of the Centre is at my own risk and responsibility whether supervised by staff or not.
Severability
If any clause of this agreement is held to be invalid, unenforceable or illegal for any reason, the agreement shall remain in full force apart from such clause which shall be read down to the extent necessary to ensure that it is not invalid, unenforceable or illegal. If such modification is not possible, such clause shall be severed from the agreement without affecting the validity or enforcement of the remainder of the agreement.
Medical Condition
By entering this agreement, you are representing that you have no adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use the Centre.
You also give the TOPH permission to seek medical and emergency assistance on your behalf and at your expense if this be deemed required for myself, or a person under my care.
Personal Information
It is the Member’s responsibility to provide notification of any change to personal information such as payment details, address, contact number or change of name. This can be completed at the centre or through the Centre’s website.
It is the Member’s responsibility to ensure an appropriate photo is taken and assigned to their account. This can be completed at the centre.
Minimum Age
There may be an age restriction imposed on membership to the Centre and its services. This restriction will be at the sole discretion of the Centre’s management.
Access
Members may receive a Membership Access card or tag upon joining. All members must use their access card or tag for entry or attend reception to gain entry into the Centre. This assists the Centre in maintaining security of our members and helps us service you more effectively. Membership Access cards or tags cannot be used by any person other than the person entitled. Please store your membership card or tag safety, as there may be a replacement fee for lost or stolen cards.
For safety reasons, maximum Centre & class attendance numbers apply, refusal of entry will occur when limits are reached.
Conditions of Entry
The Member agrees to abide by the Conditions of Entry of the Centre.
The Centre reserves the right to refuse entry to any Member or terminate or suspend any membership without warning if a member fails to comply with the Conditions of Entry of the Centre.
24-Hour Induction
The 24-hour induction must be conducted for every new member who will be utilising 24-hour access, where applicable. This induction ensures that members are familiarised with the safety features of the gym, emergency procedures, and unauthorised access points.
Security
The Centre premises are under 24-hour camera surveillance. Whether you are training, entering or exiting the building including entry to the changing rooms, your activities are being viewed and recorded. The recorded video system is used for security, safety and police purposes only. The surveillance system does not protect you from harm in or around the building premises. You must use caution when entering or exiting the Centre.
A security back to base/courtesy telephone is available if you feel threatened or witness suspicious activity.
Do not allow access to individuals who knock on the door; doing so may put you at risk of injury or harm and could result in you losing your membership privileges.
The Centre may be equipped with duress buttons/pendants/necklaces. These are in place to alert the appropriate emergency services in the event that you feel threatened, or you/another member is in need of medical assistance. You are responsible for understanding how to operate the different types of panic alarms located in the Centre and agree to use them only in case of an emergency. Misuse of this emergency equipment may incur an on charge of associated costs.
Changes to Services
The Centre’s management retains the right and authority to alter and/or cancel any class or fitness program due to, but not limited to, inclement weather conditions or low participation. Additional services and programs may be offered from time to time on a “fee for service” basis. This includes fitness courses, term programs and specialised fitness programs/classes.
Exercise Attire
Whilst exercising in the Centre all Members must wear exercise clothing (top and bottoms) with training shoes (closed in) at all times. Work and school clothes, work boots and casual clothes are not permitted as they may damage upholstery and/or flooring and equipment.
Whilst swimming in the Centre, all members must be appropriately clothed with swimwear suitable to the activity in which they are participating. Work, school and casual clothes are not permitted in the pool due to hygiene and safety reasons.
Transfers
Memberships are non-transferable and non-refundable.
Training Etiquette
Members must use a towel whilst exercising in the Centre. Member may purchase a towel during staffed hours. The towel should be placed on upholstery of equipment and cleaning supplies are provided for Members to wipe down machines after use.
The dropping of weights, improper use or misuse of any equipment and accessories will not be tolerated for any reason. Misuse of equipment may incur an on charge of associated costs and may result in the termination or suspension any membership. All members must return weights and/or weight equipment to weight racks or designated storage areas immediately after use.
The practice of not sharing equipment with other gym users is not considered fair and reasonable behaviour. Please note that there may be time limitations on certain equipment during peak times. A first come rule applies to all group fitness classes where the numbers exceed maximum levels.
Personal Training services provided in the Centre may be provided by Centre employees only.
Safety Notices
The Centre is under 24-hour recorded video surveillance and your Member Access Card or tag usage is logged. You must not bring in guests at any time without the prior written authorisation of Centre management. If this policy is violated, at our sole discretion, you may be charged a casual fee and/or have your membership frozen or cancelled. If your membership is cancelled pursuant to this clause, then all outstanding and due monies become immediately payable, and/or a cancellation fee may be charged.
You must not allow any other person to use your Membership Access Card and must inform the Centre immediately if it is lost or stolen. Violating this condition may result in you be charged a casual fee and/or have your membership frozen or cancelled.
All members must use their access card for entry or attend the reception to gain entry into the Centre. During non-staffed hours you should not expect or ask anyone else to provide you entry into the Centre.
You have access to a free orientation to the facility and the proper use of its equipment. You must use the safety features of the equipment at all times. If you are unsure of how to use any equipment, you should not use that equipment before obtaining instructions from staff or Personal Trainers.
Photography
Photography and/or videography is not permitted anywhere in or around Centre premises, unless prior written authorisations is provided by Centre Management.
The TOPH routinely conducts photography and/or videography works on premises, and members acknowledge and agree that they may be featured in TOPH media for a variety of purposes, inclusive of but not limited to, advertising, promotion, training and public affairs, without further notice, consideration, limitation or reservation. Permissions and usage rights furthermore extend to authorised TOPH contractors, representatives and affiliates.
Property
Storage facilities are available free for Members’ convenience. The Centre takes no responsibility for the use of these facilities. All Members do so at their own risk.
Lost property will be held at the Centre for a period of eight weeks and if not claimed may be disposed of as appropriate.
The TOPH takes no responsibility for any damaged, lost or stolen items whilst using the Centre.
Damage to Centre
Any Member who wilfully or through their negligence damages the Centre or its property may incur an on charge of associated costs and may result in the termination or suspension any membership.
Food and Beverages
No food or drinks, except water are to be taken into the Gym.
Smoking and Alcohol
Smoking is not permitted at any time in any area of the Centre or within five metres of entrances. Consumption of alcohol is strictly prohibited.
Private Business
No private business, including but not limited to personal training and sports coaching may be conducted within the Centre without written consent of management.
Unpaid Invoices
I acknowledge that if a debt remains unpaid, I will also be responsible for any collection fees, including but not limited to any solicitor fees and/or collection agent fees as may be incurred by the TOPH.
Non-Payment
The TOPH has the right to Freeze or terminate the agreement for non-payment of fees.
Safeguarding Children and Young People
I acknowledge that the Town of Port Hedland has a responsibility to ensure that any incidents of suspected child maltreatment will be handled with respect and will be dealt promptly and appropriately. Any allegation or disclosure of abuse, neglect or assault, including sexual assault, of an enrolled child will be reported to the Department of Child Protection and Family Support.
Direct Debit Request Service Agreement & Credit Card Authorisation Terms & Conditions
All payments are processed in line with Australian Financial Service standards and the highest level of PCI DSS compliance.
The Member authorises the TOPH, and its Direct Debit provider, to charge or debit the nominated account on the nominated terms as detailed in the Direct Debit Request.
The amount is charged or debited from the Member’s nominated credit card or bank account every second Thursday.
All Membership payments are made fortnightly in advance.
This is an ongoing membership agreement. This agreement will continue until either the Member or the TOPH terminates it in the way described in the agreement. The Member agrees to pay the fees associated with membership including any associated joining fees. My joining fee may be waived or reduced if I join again within a 6-month period.
Obligations for Member
It is the Member’s responsibility to confirm that the details of the nominated account or card are correct and to confirm with their financial institution that direct debiting through the Bulk Electronic Clearing System (BECS) is available from the nominated account.
It is the Member’s responsibility to ensure that there are sufficient cleared funds available in the nominated account to allow a payment to be made in accordance with the agreement.
On the occasion the bank rejects a debit, a dishonour fee will be payable. An alternative payment, inclusive of the dishonour fee must be made within 7 days from notification. Access may be denied on the occasion that failed payments remain outstanding.
The Member will be responsible for any fees and charges applied by their financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fees as may be incurred by the TOPH.
If the debit day falls on a day that is not a banking day, the TOPH will direct the Member’s financial institution to debit the nominated account on the following banking day.
It is the Member’s responsibility to check the nominated account statement to verify that the amounts debited are correct.
It is the Member’s responsibility to notify the TOPH of any changes to the nominated card or bank account.
Amendments by TOPH
The TOPH may vary any details of this agreement (including pricing changes) at any time by giving the Member not less than 14 days’ notification.
Amendments by Member
Members may defer / freeze their membership as follows:
| 3-month term membership, excluding FIFO |
1-7 Days, up to 2 times |
| 6-month term membership |
1-7 Days, up to 4 times |
| 12-month term membership |
1-7 Days, up to 8 times |
| Ongoing membership |
1-14 days, up to 6 times in the previous 12 months |
| 3-month term FIFO membership |
1-14 days, an unlimited amount of times |
| Ongoing FIFO membership |
1-14 days, an unlimited amount of times |
Membership freezes are completed by Members through the Centre’s website.
Membership freezes may be applied to memberships for special circumstances, including but not limited to medical reasons and bereavement. All requests for a special circumstance freeze must be made at least one week in advance in writing to TOPH via leisure@porthedland.wa.gov.au or directly through customer service at Wanangkura Stadium, and may require the members to provide proof of circumstance. Each request will be assessed and applied at sole discretion of the Centre’s management.
Exact dates are required when suspending and cannot be backdated. The membership will restart automatically after the suspension period has finished. For term memberships the suspension period will be added to the end of your membership.
Members may request to change the Membership Plan in accordance with this Agreement, in writing to the TOPH via leisure@porthedland.wa.gov.au or directly through customer service at Wanangkura Stadium.
Members may terminate this agreement. Notification of cancellation must be provided in writing to the TOPH via leisure@porthedland.wa.gov.au or directly through customer service at Wanangkura Stadium. The next due debit is required as notice, with any fees owing to be deducted pro rata.
If the Member believes that there has been an error in charging or debiting their account, the Member should notify the TOPH in writing via leisure@porthedland.wa.gov.au or directly through customer service at Wanangkura Stadium.
Corporate Memberships
All corporate members agree to the terms outlined in their corporate agreement. The Centre may send reporting to the company as outlined in the agreement.
Privacy
A Member’s personal information will only be used by the TOPH for the purposes of this agreement or to the extent required by the law.
The TOPH will make reasonable efforts to keep any personal information 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.
I recognise that as a member, that I may receive communications and marketing materials via telephone, mail or electronic means.
Queries & Complaints
If you have any queries or complaints, please contact us at:
If you are not completely satisfied with the manner in which your correspondence was handled, you can escalate the matter to the Town of Port Hedland:
Revision Notes
| Binding Agreement |
Definition of 'Centre' realigned to facility portfolio |
| Amendments by TOPH |
Channels for TOPH amendment notices broadened |
| Amendments by Member |
Method and allowances for deferring/freezing memberships updated |
| 24-Hour Induction |
New section added to ensure Members are appropriately inducted on safety protocols |
| Medical Conditions |
Permissions to seek emergency assistance expanded |
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