DeakinACTIVE is committed to being as clear and transparent as possible with our terms and conditions. We want to ensure that you have access to these, regardless if you have a full membership or short term access through a promotion or special event.
Below you will find links to all active terms and conditions. If you believe you have purchased a membership or product that does not have it’s terms and conditions accessible below, please contact us directly on by email at burwood@unswfac.com.au or waurnponds@unswfac.com.au today.
UNSW Fitness & Aquatic Centre is committed to being as clear and transparent as possible with our terms and conditions. We want to ensure that you have access to these, regardless if you have a full membership or short term access through a promotion or special event.
Across, you will find links to all active terms and conditions. If you believe you have purchased a membership or product that does not have its terms and conditions accessible below, please contact us directly by email at: info@unswfac.com.au
GENERAL TERMS AND CONDITIONS
Terms & Conditions of participation in the UNSW Swim School Program delivered by Clublinks Management PTY LTD (Clublinks) on behalf of the University of New South Wales (UNSW) at the UNSW Fitness & Aquatic Centre. Clublinks on behalf of UNSW reserves the right to amend these Terms & Conditions from time to time as and when required. Clublinks on behalf of UNSW reserves the absolute discretion to terminate participation in any of the UNSW swim school programs at any time for any reason.
COOLING OFF PERIOD
There is a 7-day cooling off period for all membership types. If a membership is cancelled during the cooling off period, all monies collected will be refunded.
ACCESS TO FACILITY & PROGRAMS
ENQUIRIES
APPLICATIONS
PAYMENTS
DISCOUNTS
NON-ATTENDANCE
MAKE-UP LESSONS
CREDITS
Swim School members will be entitled to a credit for sessions that have already been charged should the business cancel the class.
SUSPENSIONS
CANCELLATION
REFUNDS
PHOTOGRAPHY AND VIDEO RECORDING
CONDITIONS OF ENTRY
Facility Conditions of Entry
Aquatic Conditions of Entry
PRIVACY
A customer’s “personal information” (as the term is defined in the privacy act 1988 (Cth)) will only be used by the centre or Club Links to provide you with the service contemplated by the Direct Debit request and contract or in accordance with your selection relating to the privacy disclaimer on the front page of the direct debit request and contract.
ASSESSMENTS
Assessments are completed on an ongoing basis throughout the term. If you have any feedback on your child’s sessions or progress, please contact the pool deck supervisor, or email swimschool@unswfac.com.au
RELEASE
I am aware that recreational, fitness and sporting activities carried out by Clublinks on behalf of UNSW at the UNSW Fitness & Aquatic Centre, including but not limited to the UNSW Swim School Program, are dangerous undertakings and in undertaking such activities do so at my minor child/children’s own risk. I recognize that such activities require physical exertion which may be strenuous and may cause physical injury and I am fully aware of the risks and hazards involved. I am also aware that Clublinks on behalf of UNSW at the UNSW Fitness & Aquatic Centre, its directors, instructors, members, servants or agents are absolved from all liability howsoever arising from injury (whether fatal or otherwise) or damage (including to property), howsoever caused arising out of involvement with Clublinks on behalf of UNSW at the UNSW Fitness & Aquatic Centre or from participating in any of the sporting, fitness and recreational activities offered by Clublinks on behalf of UNSW at the UNSW Fitness & Aquatic Centre, or in any way whatsoever due to any negligent act, breach of duty, default and/or omission on the part of Clublinks on behalf of UNSW at the UNSW Fitness & Aquatic Centre, its directors, instructors, members, servants or agents. I voluntarily agree to assume the risk of any injuries, damages or loss, regardless of severity that my minor child/children’s or I may sustain as a result of being a participant in the activities connected with or associated with my minor child/children’s or own involvement with the UNSW Swim School Program.
By participating at UNSW Fitness & Aquatic Centre, I am aware that there could be photography taken in which I or my dependents appear to be used for media, electronic (including social media) and marketing purposes.
Upon purchasing Personal Training at UNSW Fitness & Aquatic Centre, the paying client agrees to these Terms and Conditions ongoing with any single or pack purchases.
Preference of personal trainer is subject to availability
PT Single and package purchases are non-refundable – Any session purchased and not used within the expiry will be forfeited
Single and package session must be redeemed and used in full within 3 months of the purchase date
Cancellations without any charge must be made a minimum 12 hours before the agreed start time of the session
Cancellations without more than 12 hours’ notice will incur a full cost of the session
Request for a new or different personal trainer during the completion of a pack is permitted by contacting gymfloor@unswfac.com.au with the request
Personal Training members must follow the UNSW Conditions of Entry and Gym Floor rules, including brining and using a towel to each session
Personal Training clients must notify the Personal Trainer of any health conditions that could worsen with exercise, including health changes during the trainer and client relationship
A personal training client must either be on a Personal training membership or also have an active and valid Gym membership to be able to complete sessions pre purchased
CONDITIONS OF USE
Smoking, drug, and alcohol
smoking is not allowed at UNSW FAC. The possession, sale or consumption of tobacco, alcohol or illegal drugs on site is prohibited.
Offensive behavior and/or language
Offensive behavior and/or language includes all/any behavior that is perceived as inappropriate, aggressive, demeaning, or discriminating (language or actions) towards others is unacceptable. Any offensive behavior within your group may result in the immediate termination of your hire agreement.
Injury and First Aid
Hirers must provide their own first aid. UNSW FAC will only provide first aid in the event of an emergency; in all other events it will only support the provision of first aid.
First aid facilities are available at UNSW FAC. For any injuries/incidents, an UNSW incident report form should be completed with the Duty Manager. This is in addition to your group’s/teams reporting process.
Emergency Response
UNSW FAC has an emergency response plan and emergency flip chart (located near Fitness Centre entrance). Our emergency response team and contacts are listed on this chart.
The site response to any emergency will be:
– RAISE THE ALARM (Alert Campus Security and manager on duty or dial 000 for any medical emergency)
– Follow the instructions of UNSW staff.
Lock Down
In the event of a lock down, UNSW FAC staff will announce the lock down verbally. You should
– Remain calm and do not panic.
– Remain in/return to buildings/rooms and close doors/gates behind you.
– Be seated quietly on the floor, out of sight.
Evacuation
In the event of an evacuation, the evacuation alarm will be activated throughout the building. You should follow the instructions from UNSW FAC staff, evacuate out of the building to an outside area. Await further instructions from UNSW FAC staff, who will direct you to the assembly point(s) or direct you to return to the building (e.g., false alarm)
Please be aware the Aquatic Programs Manager has complete discretion over the hiring of the pool and will take into account the sensitivity of the aquatic environment to ensure the safety and optimal experience of all users. Booking the pool for swimming instruction or any activities that create a conflict of interest with the business operations of UNSWFAC is strictly prohibited.
UNSW FAC Venue Hire – Terms and Conditions
1. Venue Hire and Applications for Hire
a. The Hirer agrees to hire the University of New South Wales Fitness & Aquatic Centre (UNSW FAC) for the Hire Period on the terms specified in this Deed. The Hirer agrees that unless the Hire Details permits access at other times, the Hirer may only have access to the Venue during the Hire Period.
b. The Hirer must agree in writing to these terms and conditions before hiring can commence. These Terms extend to all members of the Hirer’s group including players, members, officials, referees, coaches, employees, volunteers, agents, spectators, clients, guests or any other person or entity associated with the Hirer in any way.
c. Requests for the hire of any UNSW FAC space must be made in writing to UNSW FAC management by the person responsible for the payment of the hire charges and any other charges arising from the hire.
d. Applications will not be considered until any outstanding debt from any previous hire has been paid in full.
e. A confirmation of the facility hire will be issued upon the return of these completed and signed terms and conditions. No booking is confirmed until then.
f. The Hirer and all members of the Hirer’s group including players, members, officials, referees, coaches, employees, volunteers, agents, spectators, clients, guests or any other person or entity associated with the Hirer in any way must comply with current NSW Government COVID-19 requirements and UNSW FAC COVID-19 Safe Plans and sign in using the QR codes at the front reception desk of the UNSW FAC on arrival.
2. Condition and Suitability of Venue
a. It is the Hirer’s responsibility to first inspect the facility before the Hirer confirms the event/booking reservation and to check the venues suitability and condition for their event/booking.
3. Conditions of Pool Hire
a. UNSW FAC cannot accept bookings for groups that exceed our bather load of 289 patrons. Bookings for groups of 100 people or more will require an additional lifeguard and the hirer must cover this wage cost.
Hirers must ensure their groups are appropriately supervised per the Keep Watch @ Public Pools policy and the UNSW Aquatics Code of Conduct
4. Payment of Hire Charges
a. Bookings can be made on either a casual (one-off) or permanent (repeat) booking basis. Payment of Hire Charges can be made using cash, credit card, EFTPOS, or direct deposit and a full receipt will be provided by UNSW FAC management.
5. Casual Bookings
a. Hire Charges to a value of less than $500 must be paid in full at the time of booking. Bookings valued at $500 or more require a deposit of not less than 25% at the time of booking. Payment of the balance is due not less than seven (7) days before the booking.
6. Permanent Bookings
a. Permanent (or repeat) bookings are paid monthly. UNSW FAC will issue the Hirer with an invoice that must be paid within 14 days. Any delays in payment may result in removal of the permanent booking.
7. Cancellations and Refunds
a. UNSW FAC may cancel a facility booking at any time, including after the booking has commenced, if in its opinion, the venue is, or becomes, unfit or unsafe for use, or if damage to the facility is likely.
b. UNSW FAC may cancel all or part of a booking for any reason by giving the Hirer 48 hours written notice prior to the booking commencing.
c. UNSW FAC will refund to the Hirer any Hire Charges paid to date for the affected part of the Booking.
d. The Hirer may cancel their booking in writing at any time prior to the booking commencing.
e. If the Hirer gives UNSW FAC fourteen (14) or more days written notice, then UNSW FAC will issue a credit of 100% of any Hire Charges paid to date.
f. If the Hirer gives UNSW FAC seven (7) or more days and less than fourteen (14) days written notice, then UNSW FAC will credit 50% of any Hire Charges paid to date.
g. If the Hirer gives UNSW FAC 48 or more hours and less than seven (7) days written notice, then UNSW FAC will credit 25% of any Hire Charges paid to date.
h. If the Hirer gives UNSW FAC less than 48 hours written notice, then no refund of any Hire Charges or deposit will be issued by UNSW FAC.
8. Entrance Fees
a. The Hirer may charge Entrance Fees for any event held at the UNSW FAC. The nature and amount of the Entrance Fees must be disclosed to UNSW FAC in
writing prior to confirmation of the Hirer’s Booking.
b. UNSW FAC may charge the Hirer a percentage of their gross takings. This percentage must be disclosed to the Hirer in writing at the time of confirmation of their booking.
9. Hirers Obligations
a. The Hirer must adhere strictly to their allocated booking times. Access to the UNSW FAC will only be permitted at the designated start time, and all activities, including pack-down and clean-up, must be completed by the designated end time. Any additional time required for setup or pack-down must be included within the booking period. Failure to vacate the facility on time may result in additional charges.
b. The Hirer must not cause any nuisance or damage to the UNSW FAC, or any equipment located in it.
c. The Hirer must leave the UNSW FAC in the condition it was prior to their use and ensure any equipment and/or rubbish is removed when vacating.
d. The Hirer must remove, at the Hirer’s cost, any rubbish or other waste that the Hirer creates or brings onto the UNSW FAC.
e. The Hirer must not install any fittings within the UNSW FAC unless written approval is received by UNSW FAC management prior to the event/booking taking place.
f. The Hirer must not sub-lease the facility to other parties without receiving written approval from UNSW FAC management prior to the event/booking taking place.
g. The Hirer must observe all signs located within UNSW FAC.
h. The Hirer must not sell or consume alcohol in or around the UNSW FAC.
i. The Hirer must not allow catering groups or entities, or the provision of food or drink of any sort at or around the UNSW FAC, without prior written permission from UNSW FAC management.
j. The Hirer must not interfere with any UNSW FAC activity before, during, or after their event/booking.
k. The Hirer must not permit photography or filming without written approval from UNSW FAC management prior to their event/booking taking place.
l. The Hirer must apply for written permission before displaying signage or marketing material within the UNSW FAC. Any signage displayed without approval may be removed by UNSW FAC staff without notice.
m. The Hirer must provide their own qualified first aid personnel for large-scale events/bookings.
n. The Hirer must not use the UNSW FAC for any purpose except for the purposes specified in the contract.
o. The Hirer must maintain appropriate public liability insurance and provide proof of coverage upon request by UNSW FAC management.
p. The Hirer must ensure that all participants, guests, and staff associated with their event/booking comply with all safety protocols. Where necessary, the Hirer must arrange appropriate security measures at their own cost.
q. The Hirer must not exceed acceptable noise levels as determined by UNSW FAC management and local noise regulations.
r. The Hirer must comply with all UNSW FAC emergency procedures, including evacuation drills, and ensure all attendees are aware of emergency exits and assembly points.
s. The Hirer must report any damage to UNSW FAC property or equipment immediately to UNSW FAC management. The Hirer may be held financially responsible for any damage caused during their booking.
t. The Hirer must ensure that all participants and attendees do not enter restricted or staff-only areas within the UNSW FAC.
u. The Hirer must not bring hazardous materials, fireworks, or any other prohibited items into the UNSW FAC. The Hirer must not engage in any illegal activities within the UNSW FAC.
v. The Hirer must not use the UNSW FAC logo, name, or branding in any marketing, promotional materials, or public communications without prior written approval.
10. Supervision
a. The Hirer is solely responsible for the expected, satisfactory conduct and control of every member of the Hirer’s group occupying any part of the UNSW
FAC during the period covered by the Hirer’s booking.
b. Any authorised UNSW FAC staff member has full and irrevocable authority to remove any person (including the Hirer) from, or to prevent them from entering the UNSW FAC if in, his or her reasonable opinion:
c. The venue is being used for any improper purpose.
i. The Hirer, or an employee, agent, or invitee of the Hirer, causes a nuisance.
ii. The capacity specified in the Hirer Details is or appears to have been exceeded.
iii. There is any actual or suspected emergency that warrants evacuation of the UNSW FAC.
11. Other Charges
a. The Hirer will take all reasonable steps to ensure that UNSW FAC property is not damaged.
b. The Hirer accepts full responsibility for the cost of repair, damage or loss to the UNSW FAC including but not limited to any part of the facility or equipment. This liability includes costs which may occur from attendance by emergency services.
c. The Hirer will leave the UNSW FAC, including any change rooms and toilet facilities, in a clean and tidy state upon completion of each use. UNSW FAC, in
their discretion, may impose a fee on the Hirer for any cleaning necessitated by the Hirer’s failure to leave premises in a reasonable tidy condition.
d. If UNSW FAC determines that security is required, UNSW FAC will engage security staff at the Hirer’s cost.
12. Indemnity
Hirer’s risk
a. The Hirer occupies the UNSW FAC and enters and uses the Facility at the Hirer’s own risk. It is the Hirer’s responsibility to put in place appropriate measures to guard against theft.
Indemnity
b. The Hirer is liable for and indemnifies UNSW FAC against all claims directly or indirectly arising from or incurred in connection with damage to or loss of any property or injury to or the death of any person occurring on the UNSW FAC site to the extent caused or contributed to by the act, omission, or negligence of the Hirer, except to the extent it is contributed to by UNSW FAC’s negligent act or omission.
Release
c. The Hirer releases UNSW FAC from and agrees that UNSW FAC is not liable for the liability or loss arising from, and costs incurred in connection with damage, loss, injury or death, except to the extent it is contributed to by UNSW FAC negligent act or omission.
d. UNSW FAC accepts no responsibility for the property of the Hirer, or if any property is lost or damaged during an event/booking.
13. Insurance
The Hirer must provide prior to the commencement of their booking and keep current:
a. Adequate occurrence based public liability insurance.
b. Workers compensation insurance.
c. Insurance against any other risk UNSW FAC may reasonably require.
14. Variation
a. These terms and conditions can only be varied by written agreement between UNSW FAC and the Hirer. UNSW FAC reserves the right to impose any further changes to these terms and conditions in respect to any hiring, such further terms to be either in addition to or in substitution of all or any of the changes, terms and conditions herein contained.
15. Termination
a. UNSW FAC may terminate the contract immediately and at any time, without notice to the Hirer, if the Hirer:
i. Does not pay on time any amount due to UNSW FAC under this contract.
ii. Does not observe another obligation under this contract.
b. If UNSW FAC terminates this agreement, the Hirer cannot hold UNSW FAC liable for, and agrees
Insurance
to release the UNSW FAC from, any claim, loss or expense incurred as a direct or indirect consequence of the termination.
16. Entire Agreement
a. This contract constitutes the entire agreement about its subject matter and supersedes all previous agreements, understandings, and negotiations on that subject matter.
17. Governing Law
a. The laws in force in New South Wales govern the terms of this contract.
18. No Tenancy
a. Nothing in the contract confers on the Hirer any right as a tenant.