Swan Active Membership Terms & Conditions
Swan Active: Ballajura, Beechboro and Midland (referred to as the “City”)
Effective March 28, 2022
1. COOLING OFF PERIOD
1.1 A seven day cooling-off period applied to all members. Members can cancel during the cooling-off period by giving notice in writing.
1.2 When you cancel during the cooling-off period, the fitness service can charge an administration fee and a fee for any fitness services you have already used and not paid.
1.3 To terminate a membership agreement within the cooling-off period, you must submit a letter or email to the City saying that you do not wish to proceed with the membership. Cancellation will take effect immediately. Members are encouraged to keep evidence that written notice was received by the facility.
2.1 If you do not cancel your membership during the cooling-off period, then you agree to be a member of the Centre for the full period of the membership agreement on these terms and conditions.
2.2 Your membership entitles you access to the facilities and services specified in the application form and nominated and paid for in advance.
2.3 Your membership is for the term specified in the application form, which you must complete to apply.
2.4 Members will have a photo taken upon joining to identify the member to staff.
2.5 Your membership will be either an upfront payment membership (“Upfront Membership”) or a Direct Debit Membership (“Direct Debit Membership”).
2.6 To use a Direct Debit Membership, you must submit a completed EziDebit Direct Debit request form. Direct Debit Memberships are also subject to the terms and conditions outlined on the EziDebit Direct Debit authorization form.
2.7 For an Upfront Membership, you must complete a new membership application form to be filled out for every membership period.
2.8 All new members must complete a basic health questionnaire at time of joining prior to commencing unguided use of the gym. You must detail any medical circumstances, either past or present, which may affect your ability to safely participate in you membership and use of facilities.
2.9 If you are less than 18 years of age, a parent or guardian must sign the declaration and enter into the membership on your behalf. The minimum age to be a member is 16 years old.
3. SPECIAL MEMBERSHIPS
3.1 All applications for the Seniors and FIFO Membership category are subject to approval by the City in its absolute discretion.
3.2 The Centre’s Senior Membership category is open to those individuals who:
1. Are 65 years of age and above; and
2. Are City of Swan ratepayer or resident; and
3. Hold a Seniors Card or Pension Card.
3.3 Applicants must fill out the Seniors membership application form and supply copies of the documentation specified on the Seniors Membership application form.
3.4 The Centre’s FIFO membership category is open to those individuals who are employed as fly in fly out and can provide identification with confirmation of work roster.
3.5 All other membership conditions apply to Seniors Memberships and FIFO memberships.
4.1 You must pay the fees associated with your membership.
4.2 Membership fees are subject to annual review.
4.3 The City will give you written email notice of any changes to membership fees or structures of relevant memberships.
4.4 Direct Debit Memberships are rolling contracts, which automatically renew each month until terminated in accordance with this agreement.
4.5 Monthly payments will be debited from your nominated credit card or account on the anniversary date at time of joining. If payment falls on a non-business day, national holiday or Queensland holiday then the direct debit will occur on the next working day.
4.6 If one of your direct debit payments is dishonoured, you will be notified via SMS text message. In this case, you must pay outstanding fees before access will be allowed to use services or facilities. Lost membership time will not be credited. You must pay outstanding fees within thirty (30) days to avoid cancellation of your membership. If a second dishonoured payment occurs, your membership will be cancelled.
5. ACCESS AND USE OF FACILITIES
5.1 Your membership gives access to all Swan Active Sites for the relevant membership option purchased.
5.2 Personal health and exercise consultations and personal exercise plans are included in the membership fee for gym members.
5.3 Only you are entitled to use your membership.
5.4 You must bring and use a sweat towel for each visit to the gym and drying towel for each visit to the pool. No Towel = No Entry.
5.5 You must present your membership token at:
1. All relevant swipe points; and
2. At any time a City staff member asks to see your membership token.
5.6 If you lose your membership token, you must obtain a replacement token and pay the replacement fee.
5.7 At any time, the City in its absolute discretion may require you to provide written confirmation from a doctor confirming your fitness to exercise and use the facilities.
5.8 If you use facilities that you are not entitled to use under your membership you are in breach of this membership agreement.
5.9 Not all facilities and programs are available at all Swan Active locations.
5.10 A first come rule will apply to all services and facilities where numbers exceed maximum capacity. You possess no greater right to facility or program access than a casually paying person.
5.11 The Conditions of Entry apply to your use of the facility. The City may change the Conditions of Entry from time to time and will inform you of any changes.
6. CHANGES TO YOUR MEMBERSHIP
6.1 You must immediately inform the City of any changes to the information and contact details you provided to the City on the application form.
6.2 The City may change, modify or update Centre and Membership terms and conditions which may be relevant to your membership or use of Swan Active Centres.
6.3 The City will give you reasonable written email notice of any such changes, including the date that these changes come into effect.
6.4 To upgrade, you must complete and submit a Membership Alteration Form.
6.5 For Upfront Memberships, you may upgrade your membership access options at any stage of your membership in writing by completing a Membership Alteration form. To upgrade, you must pay the ‘pro-rata’ difference between the cost of the original membership and the cost of the upgraded membership. The change will not be processed until this payment is made.
6.6 Membership downgrading is only available for Direct Debit Memberships.
6.7 If you wish to downgrade your Direct Debit Membership, then you are required to provide 30 days’ notice in writing through a completed Membership Alteration form.
6.8 Upfront Members are able to apply to the Centre Management to permanently transfer any remaining time on their membership to another person. To request the transfer, you must submit a written request to Centre Management.
6.9 Transfers of memberships will be granted at the City’s absolute discretion.
7. SUSPENDING YOUR MEMBERSHIP
7.1 The minimum suspension period for a membership is 30 days.
7.2 The maximum suspension period (total of all suspension periods) allowed during the term of the membership is 6 months for a 12 month Upfront Membership.
7.3 The maximum suspension period (total of all suspension periods) allowed during a calendar year is 6 months for a Direct Debit Membership.
7.4 You must complete the Membership Suspension Form prior to your membership being suspended.
7.5 For Upfront Memberships, the membership will automatically come off suspension on the day requested at which time the membership time will continue to expire.
7.6 For Direct Debit Memberships, the membership will automatically come off suspension on the day requested.
7.7 For Direct Debit memberships your debit will be charged on your anniversary date for any time owed between your return date and following direct debit.
8. ENDING YOUR MEMBERSHIP
8.1 The City may immediately cancel your membership by written notice if you breach any term of this agreement.
8.2 If you wish to cancel your membership you must submit a membership cancellation form to the City stating that you wish to cancel your membership.
8.3 Cancellation by you becomes effective 30 days from the date that written confirmation is received by the City.
8.4 Cancellation cannot occur whilst on suspension unless a minimum 30 days has passed on your suspension. The suspension must be ended before the cancellation process can occur.
8.5 In the case of a Direct Debit Membership:
1. No cancellation fees apply;
2. Scheduled direct debit payments will continue during the 30 day cancellation period.
8.6 In the case of Upfront Membership, you will be refunded:
1. The membership fee paid in advance applied on a pro-rata basis to the remaining term of your membership; less
2. A 20% Administration Fee applied to the unused balance.
9. RISK AND LIABILITY
9.1 By signing a City of Swan, Swan Active membership agreement, you agree and warrant that you:
1. Are medically and physically fit to participate in physical activity safely;
2. Understand and accept the inherent risks involved in undertaking physical activity and various forms of exercise;
3. Indemnify and will keep indemnified the City of Swan to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with one’s membership and/or participation in any City of Swan activity.
9.2 While all efforts are made to ensure the safety of users, City of Swan takes no responsibility for injury to person, damage, or loss of property.