City of Melbourne Aquatic and Recreation Facilities Direct Debit Service agreement

Membership: Active Melbourne | Active Melbourne Plus | Aquatic | Club

INTRODUCTION

Centre Name	Address	Managed by
Kensington Community Recreation Centre	99 Altona Street, Kensington, VIC 3031	YMCA
Carlton Baths	248 Rathdowne Street, Carlton, VIC 3053	YMCA
North Melbourne Recreation Centre	204 - 206 Arden Street, North Melbourne, VIC 3051	YMCA
North Melbourne Community Centre	49-53 Buncle Street, North Melbourne, VIC 3051	YMCA
Melbourne City Baths	420 Swanston Street, Melbourne, VIC 3000	Third Party

(a) These are the terms and conditions (Membership Agreement) between the centres listed above managed YMCA Community Programming PTY Ltd (YMCA) ABN 75 092 818 445 (YMCA , Us, We) and You as the user of the Facilities. By entering into this Membership Agreement you agree to become a member of the Centres listed above managed by Us.

(b) In order to become a Member and hold a membership at our Facilities (Membership), You must agree to this Membership Agreement.

(c) This Membership Agreement is subject to a 7 day cooling-off period (Cooling-Off) as outlined at clause 12(a).

(d) This Membership Agreement is subject to the Australian Consumer Law and Fair Trading Act 2012 (VIC).

1. DEFINITIONS

Access Fob/Membership Card means the Fob/card which We activate when you become a Member, so that You can access the Facilities during Operating Hours.

Activities means for the purpose of clause 18, recreational services including fitness, Group Fitness and swimming programs offered at the Facility.

Centre Conditions of Entry means the terms and conditions governing Your entry and use of the Facility as available at the

https://carltonbaths.ymca.org.au/terms-and-conditions

https://kensington.ymca.org.au/terms-and-conditions

https://nmcc.ymca.org.au/terms-and-conditions

https://nmrc.ymca.org.au/terms-and-conditions

https://www.melbourne.vic.gov.au/melbourne-city-baths

and as you agree to as a condition of becoming a member.

Customer Portal means the platform that We provide You access to upon entering into a Membership Agreement, which is used to manage and monitor Your Membership with Us, including bookings, payments, account management and communications. The Customer Portal is one of the methods by which We may communicate with You throughout this Membership Agreement. You may not have access to the customer portal or online management systems of the Third Party Facility.

Facility/Facilities means the centres listed above including the fitness areas and aquatic areas, all of its equipment, bathroom, change rooms, furniture, lockers, and anything in the Facilities that You use or have access to when You become a Member.

Third Party Facility means Melbourne City Baths, which is operated independently by the City of Melbourne, and any other facility listed in this Agreement that is not owned, operated or managed by YMCA

Facilities Rules means the rules implemented by Us from time to time for use of the areas within the Facilities.

Group Fitness means fitness activity classes offered by YMCA at the Facility that are operated in a group setting which are require booking.

Location means Facilities located at Carlton Baths (216/248 Rathdowne St, Carlton), Kensington Community Recreation Centre (99 Altona Street, Kensington), North Melbourne Community Centre (49 53 Buncle Street, North Melbourne), North Melbourne Recreation Centre (206 208 Arden Street, North Melbourne).

Member or Members means all or any people who have entered into a Membership Agreement with Us to use the Facilities.

Membership Fees means the fees that You will be required to pay to Us for a Membership with Us based on the Membership Type.

Membership Policies means the membership policies and procedures that all Members must comply with and follow when using the Facilities, including but not limited to the Centre Conditions of Entry and the Facilities Rules, as updated and amended by Us from time to time.

Membership Type means that type of Membership that You have chosen from those described in clause 2(a) of this Membership Agreement.

Operating Hours means the period during which the Facilities is open and accessible to Members, times which are available at https://kensington.ymca.org.au/visit/opening-hours https://carltonbaths.ymca.org.au/visit/opening-hours https://nmrc.ymca.org.au/visit/opening-hours https://nmcc.ymca.org.au/visit/opening-hours https://www.melbourne.vic.gov.au/melbourne-city-baths and may vary subject to any public holidays observed in Victoria.

Minor Exercise Consultation is a youth induction with a trainer completed by a minor who is becoming a Member with the instructions of a YMCA representative, with a parent or guardian of the minor present.

Staffed Hours means the hours of where the Facilities will be supervised by a representative of Us.

Suspension means where your Membership, Access Fob/Membership Card, Membership Fees are paused or put on hold for a duration on the terms set out in clause 10.

Direct Debit Services Agreement means an agreement which authorises a merchant to debit money from your bank account. It outlines the terms of the direct debit, including the amount, payment schedule, your rights (such as the ability to cancel), and the merchant's obligations. The Agreement is the legal basis for the recurring payments and must be in place before any funds are debited.

Merchant means YMCA Community Programming Pty Ltd

You, User means the person who is applying for Membership and "Your" has a corresponding meaning.

2. AGREEMENT

By agreeing to this Membership Agreement, You acknowledge and agree:

(a) You become a Member of the Facilities and as such You may use the Facilities in accordance with this Membership Agreement and our Membership Policies;

(b) to follow the rules, regulations and Centre Conditions of Entry for the Facility/Facilities at all times while using the Facility/Facilities;

(c) to the best of your knowledge, You have no medical reason that might prevent You from using the Facilities safely;

(d) We do not provide medical advice before You use the Facility, and cannot give You medical advice whilst You use the Facility or following your use of the Facility;

(e) Your responsibilities under this Membership Agreement, including payments, do not depend on how often You use the Facilities, rather they provide you with an entitlement to use the Facilities; and

(f) You promise to tell us if at any time You believe that You may not be able to comply with Your obligations under this Membership Agreement, so we can discuss Your options with You.

3. MEMBERSHIP TYPES AND FEES

(a) Our Membership Types and fees are detailed on our website

(i) https://carltonbaths.ymca.org.au/memberships

(ii) https://kensington.ymca.org.au/memberships

(iii) https://nmcc.ymca.org.au/memberships

(iv) https://nmrc.ymca.org.au/memberships

(v) https://www.melbourne.vic.gov.au/melbourne-city-baths

(b) Your Membership permits You to access and use the Facilities within Your Access Scope during Operating Hours, subject to this Agreement, the Membership Policies, and any applicable Third Party Facility requirements.

(c) Your Membership applies solely to you and may not be sold, transferred to, or used by, any other person.

(d) Once You have:

(i) agreed to this Membership Agreement, and We have accepted You as a Member and provided you access to the Customer Portal;

(ii) selected a Membership Type via the Customer Portal and paid your Membership fees up-front or agreed to a direct debit payment arrangement with Us;

then Your Membership to use the facilities will commence.

4. ACCESS

(a) When You become a Member and pay your Membership Fees, we will provide You with an Access Fob/Membership Card to access the Facilities.

(b) Where You have an Access Fob/Membership Card, if the Access Fob/Membership Card is damaged or lost, We may charge You a replacement fee of $5.60. The fee covers the cost of replacement Access Fob/membership card and re-activation and may be charged at the discretion of YMCA.

(c) Once We activate Your Access Fob/Membership Fob, You will be provided the Access Fob/Membership Card, which will be issued to You personally, and for Your personal use only.

(d) We will keep the Facilities open during the Operating Hours except where such circumstances prevent us from opening the Facilities including a government direction, change in Law or an emergency situation.

5. THIRD PARTY FACILITY ACCESS

(a) Access is limited to the recreational areas, services and facilities permitted under Your Membership Type and Access Scope.

(b) Certain services, programs, bookings, Customer Portal functions, account management functions or membership features may not be available at a Third Party Facility.

(c) Access to a Third Party Facility may be restricted, suspended or unavailable due to operational requirements, maintenance, events, capacity limits or decisions of the Third Party Facility operator.

(d) While attending the Third Party Facility, You must comply with all applicable conditions of entry, policies, procedures and directions of the Third Party Facility operator.

(e) YMCA does not control and is not responsible for the operation, availability, staffing, systems, maintenance or service delivery of the Third Party Facility, and is not liable for any interruption, closure or reduction in access to that facility.

6. NON-MEMBER/GUESTS

(a) Being a Member does not permit You to bring a guest into the Facility that is a non-Member, unless that non-Member pays our general public access fees which are available on our website at;

(i) https://carltonbaths.ymca.org.au/visit/prices

(ii) https://kensington.ymca.org.au/visit/prices

(iii) https://nmcc.ymca.org.au/visit/prices

(iv) https://nmrc.ymca.org.au/visit/prices

(v) https://www.melbourne.vic.gov.au/melbourne-city-baths

(b) By bringing a non-Member into the Facility, without prior authorisation, You will be in breach of this Membership Agreement.

(c) If You breach this Membership Agreement and bring a non-Member into the Facility, You acknowledge that:

(i) You accept personal responsibility and liability for any injury, loss or damage attributable to the non-Member;

(ii) Your Membership may be suspended or cancelled with immediate effect, with no refund to be provided; and

(iii) You may be prohibited from re-joining the Carlton Baths, Kensington Community Recreation Centre, North Melbourne Community Centre, North Melbourne Recreation Centre as a Member.

7. ADDITIONAL SERVICES

(a) The Facility may offer additional services, such as swimming lessons or other Group Fitness Classes.

(b) These additional services may not form part of this Membership Agreement and may not be covered by your Membership Fees.

(c) If You participate in any of these additional services, they may involve separate agreements, fees, and rules. These will be communicated and agreed with You before You access such additional services.

8. MINORS AND AUTHORISED PAYERS

(a) Where the Member is under 18 years of age (Minor), this Membership Agreement must be agreed to by a parent or legal guardian who agrees to be bound by all terms and conditions of this Membership Agreement on behalf of the minor and, guarantees all of the obligations of the Minor (Guarantor). The Guarantor is responsible for ensuring payment of Membership Fees and for all obligations arising under this Membership Agreement.

(b) Members under the age of 18 years:

(i) must complete a Minor Exercise Consultation prior to using the gym.

(ii) can only access the Facilities during Staffed Hours.

(c) If a parent or guardian provides their bank account or credit card details for payment purposes as outlined in this Membership Agreement, they acknowledge and agree that:

(i) They are the authorised payer and are responsible for all payments under this Membership Agreement;

(ii) All notices and communications relating to this Membership Agreement, including but not limited to price changes, payment reminders, and contractual updates, may be sent to the email address provided by the Member via the Customer Portal, unless otherwise requested;

(iii) It is their responsibility to ensure that all their details on the Customer Portal are correct and up to date at all times to ensure they are receiving communications from Us; and

(iv) They may request to update the contact email at any time by contacting Us or updating the details via the Customer Portal.

9. PAYMENTS

(a) Unless You have paid Your Membership Fees upfront, Your Membership Fees will be debited from your nominated account at the agreed payment frequency for your Membership type as governed in this clause 9 upon completing the direct debit authority via the client portal (Direct Debit Authority).

(b) By completing the Direct Debit Authority, you irrevocably authorise Us to debit Membership Fees, and other fees, from Your nominated bank account, in accordance with this Membership Agreement for the agreed amount and frequency of payments, relevant to your Membership Type, as specified in the Contract Acknowledgement authorisation completed via the Customer Portal.

(c) You authorise Us to arrange for any amount We may debit or charge You pursuant to this Membership Agreement to be debited by Us, from your bank account.

(d) Throughout Your Membership Agreement, You must ensure:

(i) Your account can accept direct debits (your financial institution can confirm this);

(ii) there is enough money in Your account on the day the payment is due;

(iii) You tell Us if You are transferring or closing your account, at least one week before Your next direct debit;

(iv) You tell Us about any changes to Your credit card, such as its expiry date or number, at least one week before your next direct debit; and

(v) You notify Us and Your financial institution if You want to change or stop Your direct debits.

(e) If the nominated day of Your debit falls on a public holiday or weekend, YMCA will debit your account on the next business day. 

(f) If You are uncertain as to when the debit will be processed, please inquire with Your Financial Institution. It is Your responsibility to have clear funds in Your account on the due date of the direct debit. 

(g) Should there be any arrears in payments YMCA will provide You with written notice via the Customer Portal of the arrears and will be authorised to debit the outstanding balance in accordance with such notice in order to bring Your account up to date. 

(h) It is Your responsibility to advise us if the account nominated by You to receive the direct debit drawings is transferred or closed. It is Your responsibility to arrange with us a suitable alternate payment met if You wish to cancel the direct debit.

(i) The supply period is for 14 consecutive days from the date of the most recent automated direct debit payment. 

(j) Should any payment via direct debit, be dishonoured, a $10 administration fee (Dishonour Fee) may be applied to your next direct debit payment, reflecting the administrative costs associated with processing failed transactions. YMCA will attempt to contact You via email or text message to notify you of the dishonoured payment and the Dishonour Fee that may be added to your next direct debit payment.

(k) In the event of payments being dishonoured on two consecutive occasions, YMCA reserves the right to suspend or terminate your Membership Agreement.

(l) YMCA may additionally charge any other fees incurred by us in the recovery of outstanding payments, including fees associated with third party collection services if required.

(m) Any outstanding payments may be made through your Customer Account via the Customer Portal and navigating to My Accounts and Payments.

(n) For the purposes of this clause 9, this Agreement, together with the Direct Debit Authority is your Direct Debit Request Service Agreement with YMCA Direct Debit User Id 403017; ABN 75 092 818 445

For the purposes of this clause 9:-

Direct Debit Services Agreement means an agreement which authorises a merchant to debit money from your bank account. It outlines the terms of the direct debit, including the amount, payment schedule, your rights (such as the ability to cancel), and the merchant's obligations. The Agreement is the legal basis for the recurring payments and must be in place before any funds are debited.

Merchant means YMCA Community Programming Pty Ltd

10. SUSPENSION OF MEMBERSHIP

(a) Memberships may be suspended (deferred) for a minimum of two weeks and a maximum of four (4) weeks within a calendar year. The first 4 weeks of suspension per calendar year are free (Free Suspension Period) after which suspension fees will be charged a $1.00 per day.

(b) We will not charge you Suspension Fees if You require Your Membership to be suspended due to medical reasons as declared by a qualified medical professional via a medical certificate that is presented to Us (Medical Suspensions). Medical Suspensions can be backdated for up to 28 days.

(c) All suspensions (aside from Medical Suspensions) can be self-managed via the Customer Portal, by accessing My Account and selecting contract details and suspensions.

(d) A Medical Suspension can only be processed via Us directly at the Facility.

(e) To claim the Free Suspension Period, You must request two 14 days suspension requests via the Customer Portal.

(f) Any direct debit payment arrangements will be paused during a suspension period outlined in this clause 10.

11. RENEWAL

(a) Each Membership Type will be subject to varying renewal terms. These terms are outlined and available at on our website at

(i) https://carltonbaths.ymca.org.au/memberships

(ii) https://kensington.ymca.org.au/memberships

(iii) https://nmcc.ymca.org.au/memberships

(iv) https://nmrc.ymca.org.au/memberships

(b) By agreeing to this Membership Agreement, You acknowledge that You have read and understood when Your Membership will renew.

(c) We will communicate any Membership renewal with You via email prior to the renewal of Your Membership to provide you with the opportunity to cancel Your Membership if you do not wish to renew.

12. CANCELLATION

Your Membership Agreement will continue indefinitely unless cancelled by You in accordance with this clause. There are two Membership Types, each of which may be cancelled by You at any time in the circumstances applicable to You, as outlined below:

(a) Cooling-Off period: You have the right to cancel this Membership Agreement within 7 days of accepting these terms without penalty. If You cancel within the Cooling-Off period, any Membership Fees You have paid will be refunded in full, less a reasonable administration fee and used services fee. To exercise a cancellation during a Cooling-Off period, Your request for cancellation must be in writing to Us via email or by visiting the Facility and completing a cancellation form.

(b) Flexi Memberships/No Commitment Period: This Membership Type shall continue indefinitely until such time as You request cancellation in writing to Us via email or by visiting the Facility and completing a cancellation form. There will be a paid notice period of 14 days during which any Membership Fees must still be paid in full. This may be a pro rata or portion of the fortnightly debit fee.

(c) Minimum Term /Ongoing: Subject to clause 13(c), this Membership Type has a payment commitment period which must be satisfied as follows:-

(i) Members requesting cancellation within their Minimum Term membership will be required to pay the balance of the Membership Fees for this Membership Type to cover the unpaid portion of their membership or the fee of $59.50, whichever is the lesser amount. Minimum Term memberships which will automatically continue beyond the paid commitment period can request cancellation post the commitment period as per clause 12(b) by providing 14 days notice in writing. 

(ii) Members requesting cancellation within their Minimum Term membership in accordance with clause 12(c)(i), who have received a notice in accordance with clause 13(a), may terminate their Membership without penalty and without any obligation to pay the remainder of their Membership Fees or early exit fee referred to in clause 12(c)(i).

To cancel Your Membership, You must request a cancellation in writing to Us by completing emailing or by visiting the Facility and completing a cancellation form (Notice).

We count this Notice from the date of Your request. Your Membership payments are payable up to the date that Your Notice ends, and Your final debit may be a pro-rated amount.

(d) If you wish to cancel Your Membership, you may do so by emailing Us at carltonbaths@ymca.org.au, kensington@ymca.org.au, nmcc@ymca.org.au, nmrc@ymca.org.au in accordance with clause 12(a) and 12(b). In your email, We will require the following information from You in order to action your request:

(i) Your name;

(ii) Your phone number;

(iii) address;

(iv) best email address (if not the email address You emailed Us from); and

(v) reason for the cancellation.

We will then contact You to discuss finalising the cancellation of Your Membership.

13. INCREASE IN FEES AND CHANGE OF TERMS

(a) You acknowledge that We may increase Your Membership Fees, direct debit payment amounts, change the frequency of payments, the debit date schedule or this Agreement by providing You with 30 days' written notice.

(b) If You have a Minimum Term Membership Type and You have paid Your Membership Fees in advance in full, any increase in Membership Fees that we have notified you of, will not take effect until your Membership is renewed. If You do not agree to the Membership Fee increase, You may cancel your Membership in accordance with clause 12(c).

(c) If You have a Minimum Term Membership Type and You are paying your Membership Fees in equal fortnightly repayments, any increase in Membership Fees that we have notified you of, will not take effect until the period referred to in clause 12(a) expires. If You do not agree to the Membership Fee increase, You may cancel your Membership in accordance with clause 12(c) and 12(d).

(d) If you have any queries in relation to any proposed changes, please contact Us at carltonbaths@ymca.org.au, kensington@ymca.org.au, nmcc@ymca.org.au, or nmrc@ymca.org.au.

(e) If You hold a valid government or school/institution, issued pensioner, Health Care, Department of Veterans Affairs or senior citizen card (Concession Card), You may be eligible for reduced Membership Fees at all times while Your Concession Card remains valid. To be eligible for the reduced Membership Fee outlined in this clause, You must:

(i) provide Us with evidence of Your Concession Card before or at the time You agree to this Agreement; and

(ii) keep Your Concession Card valid at all times while You receive the Services in accordance with this Agreement.

(f) If Your Concession Card expires, is cancelled, or You are otherwise no longer eligible for a Concession Card, You acknowledge and agree that You are no longer eligible for reduced Membership Fees in accordance with clause 13(e) and YMCA Community Programming Pty Ltd may increase Your Membership Fees to the standard (non-reduced) Membership Fees by giving You notice in accordance with clause 13(a).

(g) It is Your responsibility to provide Us evidence of a valid Concession Card. If We have increased Your Membership Fees in accordance with clause 13(e), You may be eligible for Your Membership Fees to be reduced in accordance with clause 13(d) once you have provided Us evidence of Your valid Concession Card.

14. DISPUTES

All disputes regarding a direct debit payment should be referred to YMCA:

(a) in person at the Facility;

(b) by telephone on 

(i) Carlton Baths (03) 9347 3677

(ii) Kensington Community and Recreation Centre (03) 9376 1633

(iii) North Melbourne Community Centre (03) 9320 4700

(iv) North Melbourne Recreation Centre (03) 9658 9444

(c) mailed to

(i) Carlton Baths, 248 Rathdowne Street, Carlton VIC 3053

(ii) Kensington Community and Recreation Centre, 99 Altona St Kensington VIC 3031

(iii) North Melbourne Community Centre, 49-53 Buncle Street, North Melbourne VIC 3051

(iv) North Melbourne Recreation Centre, 204 - 206 Arden Street North Melbourne VIC 3051

(d) by email at carltonbaths@ymca.org.au, kensington@ymca.org.au, nmcc@ymca.org.au, nmrc@ymca.org.au or

(e) (where relevant) your nominated financial institution.

15. GROUP FITNESS

(a) All facilities offers Group Fitness classes for a variety of different fitness activities.

(b) Your Membership entitles You to book into Group Fitness classes.

(c) Depending on Your Membership entitlement You may have to pay additional fees to book a Group Fitness class. At the point of confirming Your Group Fitness class booking You will be prompted to confirm payment, via direct debit, for the Group Fitness class.

(d) All Group Fitness classes are accessed, booked and monitored via the Customer Portal.

(e) To ensure Group Fitness classes can be accessed by all Members please ensure that where You cannot attend a Group Fitness class that You have booked, You cancel Your booking at least 2 hours prior to the start time to allow others to book.

(f) There are different categories of Memberships, and they will permit differing accessibility to the Group Fitness classes. To review Your entitlements under Your Membership, please review the entitlements on our website at

(i) https://carltonbaths.ymca.org.au/memberships,

(ii) https://kensington.ymca.org.au/memberships

(iii) https://nmcc.ymca.org.au/memberships

(iv) https://nmrc.ymca.org.au/memberships

16. GENERAL

(a) Provision of services provided by Us may change and for the purposes of this Membership Agreement, is based on entitlement to use and not on actual use.

(b) We reserve the right to cancel the rights of any Member not complying with this Membership Agreement, the Centre Conditions of Entry or the Facilities Rules at any time. 

17. PRIVACY

(a) YMCA acknowledges and respects the privacy of individuals. The information that is being collected on this document is for the purposes of processing Your Membership or enrolment and financial institution payments if applicable. YMCA, its authorised staff and contracted service providers such as financial institutions and Government agencies covered by law, may be recipients of this information. 

(b) By joining or enrolling in a Membership or program at the Facility you will receive communications from the YMCA from time to time to update you on items relating to your membership and facility. The YMCA uses a range of mediums to communicate with its members including, but not exclusive to, direct mail, email, SMS and telephone. If You do not wish to have Your information contained in this document used or disclosed for this purpose the YMCA will be unable to process Your Membership or enrolment.

(c) You have the right to access and alter personal information protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001). Full details of the YMCA Privacy Policy can be obtained on request at the Centre or online at https://victoria.ymca.org.au/privacy-policy .

18. RECREATIONAL WAIVER ACKNOWLEDGEMENT

(a) By agreeing to this Membership Agreement, You acknowledge and agree that You accept the following:-

(i) Your access to and participation in the Activities offered by YMCA may involve significant risk. The risks involved may result in personal injury, death or loss of property. Prior to undertaking any Activities offered by YMCA, You should ensure You are aware of all the risks involved and the risks associated with any health conditions You may have.

(ii) By accepting the recreational waiver prompt via the Customer Portal when You confirm Your Membership with Us and additionally set out in this clause 18, You acknowledge, agree and understand that participation in the Activities offered by YMCA may involve risk. You agree and undertake any such risk voluntarily.

(iii) If You or Your parent or guardian refuse to agree to the waiver prompt, YMCA may in its absolute discretion refuse to allow You to participate in the Activities.

(iv) If You are under 18 years of age, Your parent or legal guardian (Guarantor) agrees to guarantee and provide an indemnity for all of Your obligations under this Membership Agreement and release as provided in item 18(J).

(v) By accepting the recreational waiver prompt via the Customer Portal when You accept this Agreement with Us, You are additionally agreeing that your rights to sue YMCA under the Australian Consumer Law and Fair Trading Act 2012 (VIC) are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the Services provided were not in accordance with the statutory guarantees outlined in this clause 18.

Your Rights:

(b) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that YMCA is required to ensure that the recreational services it supplies to You:-

(i) Are rendered with due care and skill; and

(ii) Are reasonably fit for any purpose which you, either expressly or by implication, make known to YMCA; and

(iii) Might reasonably be expected to achieve any result you have made known to YMCA.

(c) Under section 42 of the Fair Trading Act 1987, YMCA, as the supplier of recreational services, is entitled to ask You to agree to exclude, restrict or modify YMCA liability for any personal injury suffered by You or another person for whom or on whose behalf You are acquiring the services (a third party consumer).

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 Y'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 Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Excluding, restricting or modifying Your Rights:

(d) By entering into a Membership Agreement with Us, You will be agreeing to exclude, restrict or modify YMCA liability with the result that compensation may not be payable if You or the third party consumer suffer personal injury.

(c) You do not have to agree to exclude, restrict or modify Your rights by however, this will mean You are not eligible for a Membership at the Facility. YMCA may refuse to provide You with services if You do not agree to exclude, restrict or modify Your rights by accepting the terms set out in this clause 18.

(d) Even if You accept the terms in this clause 18, You may still have further legal rights against YMCA.

(e) A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.

(f) A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

(g) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to Your attention by this Agreement.

(h) You agree that other than where YMCA has engaged in reckless conduct (being conduct that satisfies section 22(3) of the Australian Consumer Law and Fair Trading Act 2012 (VIC)), YMCA will not have any liability for any:

(i) death;

(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such injury);

(iii) the contraction, aggravation or acceleration of a disease; or

(iv) the coming into existence, the aggravation, acceleration or the reoccurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to You:

(v) that is or may be harmful or disadvantageous to You or the community; or

(vi) that may result in harm or disadvantage to You or the community.

Agreement to exclude, restrict or modify Your rights:-

You agree that the liability of YMCA for any personal injury that may result from the supply of the recreational services that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) is excluded.

For the purposes of this clause 18 in respect of Victoria:-

Personal injury means

(a) an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or

(b) the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or

(c) 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 in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to

(i) the person; or

(ii) the community.

Injury means any physical or mental injury.

Recreational services means services that consist of participation in

(a) a sporting activity or similar leisure-time pursuit; or

(b) any other activity that

(i) involves a significant degree of physical exertion or risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

 

IMPORTANT

By entering into this Membership Agreement, You (and if You are under the age of eighteen, Your Guarantor), acknowledge and agree that You have read this clause 18 before You access or participate in any Activities offered by or through Us.

For the purposes of this clause 18, any reference to YMCA also includes a reference to YMCA employees, officers and agents.

You (and if You are under the age of eighteen, Your Guarantor) acknowledge and agree that:

A. You will only perform the Activities in accordance with Your level of ability;

B. You do not suffer any significant health issues that may impact your ability to participate in the Activities;

C. You accept and voluntarily assume all risks associated with the accessing and participating in the Activities (including known and unknown risks, not limited to, physical trauma, strains, bruises, sprains, muscle tears, broken bones, cuts and other serious personal injury such as, cardiac injuries and heart attacks, permanent disability, paralysis and death, as well as damage to or loss of personal property, all of which may be caused by Your own actions or inactions or the actions or inactions of others and the conditions in which these activities takes place, or YMCA gross negligence;

D. to the extent permitted by law, You waive any rights that You may have to make any claim against YMCA in connection with Your access to and participation in the Activities, and release YMCA from any claims, liabilities, loss and damage in connection with Your attendance at or participation in the Activities including in respect of death or injury;

E. You agree to indemnify YMCA and its employees, officers and agents against all or any claims, loss, liability, damage or expense (including legal fees) incurred by YMCA in connection with attendance at or participation in the Activities, however caused. Your liability will be reduced to the extent YMCA reckless conduct caused or contributed to the loss;

F. to the extent that the Activities constitute "recreational services" under s 139A(2) of the Competition and Consumer Act 2010 (Cth) You agree that other than where YMCA has engaged in reckless conduct, YMCA will not have any liability for any death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or the reoccurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community or that may result in harm or disadvantage to you or the community;

G. subject to item J below, nothing in this clause 18 applies to the extent that it would have the effect of excluding or limiting any non-excludable rights You may have under the Competition and Consumer Act 2010 (Cth) or otherwise under law;

H. the terms in this clause 18 are accepted by You and are in favour of YMCA;

I. for the avoidance of doubt, any releases in this document are intended to exclude Your rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded;

J. the Guarantor to the extent permitted by law or as otherwise specified in this document:

(a) and subject to clause 18(J)(d), acts as Your Guarantor and unconditionally and irrevocably guarantees the performance of all of Your obligations under this clause 18;

(b) and subject to clause 18(J)(d), indemnifies YMCA against any loss You suffer in relation to the performance or non-performance of Your obligations under this clause 18;

(c) waives and excludes all rights on Your behalf that You may have against YMCA in respect of any claim in respect of injury or death or any other loss, damage or claim suffered or incurred by You arising from or in connection with participation in the Activities;

(d) shall be entitled to assert all rights, defences, limitations and exclusions that You are entitled to under this clause 18 (or would have been entitled to under this clause 18 if it were enforceable against You or where not enforceable), including any set-off or counterclaims that You are (or would have been) entitled to assert under this clause 18, but excluding any defences arising from the invalidity, unenforceability or illegality, in whole or in part, of any of this clause 18 (including any unenforceability against You, or any other documents creating, representing or evidencing your obligations, or defences arising from the bankruptcy or other similar proceeding affecting You (if relevant).

19. GUARANTOR ACCEPTANCE

If the member is a Minor (Minor Member):

(a) the Minor Member acknowledges that it has read and understood this Membership Agreement and to be bound by its terms; and

(b) the Guarantor:

(i) acts as the Minor Member's guarantor in relation to all of the Minor Member's obligations under the Membership Agreement while the Member is a Minor; and

(ii) indemnifies YMCA against any loss suffered as a result of the Minor Member's breach of this Membership Agreement.

I, (and if I am under the age of 18 years of age, my Guarantor) acknowledges, by accepting this Membership Agreement, that I / my Guarantor agree to the above terms and conditions.

 

Kensington Community Recreation Centre Direct Debit Service Agreement

Swimming Lessons

INTRODUCTION

Structure of Services and Access

Centre Name	Address	Managed by
Kensington Community Recreation Centre	99 Altona Street, Kensington, VIC 3031	YMCA
Carlton Baths	248 Rathdowne Street, Carlton, VIC 3053	YMCA
North Melbourne Recreation Centre	204 - 206 Arden Street, North Melbourne, VIC 3051	YMCA
North Melbourne Community Centre	49-53 Buncle Street, North Melbourne, VIC 3051	YMCA
Melbourne City Baths	420 Swanston Street, Melbourne, VIC 3000	Third Party Facility

 

(a) These are the terms and conditions (Agreement) between YMCA Community Programming Pty Ltd, ABN 75 092 818 445 (YMCA, Us, We) and You as the receiver of the Services. We manage the Kensington Community Recreation Centre, 99 Altona Street, Kensington, VIC 3031.

(b) By entering into this Agreement, you agree to the terms and conditions contained within this Agreement.

DEFINITIONS

Activities means for the purpose of clause 15, recreational services including swimming lessons offered at the Facility.

Centre Conditions of Entry means the terms and conditions governing Your entry and use of the Facilities as available at the

(i) https://kensington.ymca.org.au/terms-and-conditions

(ii) https://carltonbaths.ymca.org.au/terms-and-conditions

(iii) https://nmrc.ymca.org.au/terms-and-conditions

(iv) https://nmcc.ymca.org.au/terms-and-conditions

(v) https://www.melbourne.vic.gov.au/melbourne-city-baths

and as You agree to as a condition of receiving the Services.

Customer Portal means the platform that We provide You access to upon entering into this Agreement, which is a mode of communication, among others, that we will use to communicate with You, throughout this Agreement.

Facility/Facilities means;

(a) Kensington Community Recreation Centre, being the facility at which Lessons are delivered under this Agreement; and

(b) the other aquatic facilities listed in this Agreement, which are available to You for general recreational access only; not for Lessons, program management, bookings, suspensions, or Make‑Up Lessons.

The Facilities include all associated equipment, bathrooms, change rooms, furniture, and any other areas, services or equipment that You may access or use in connection with this Agreement.

Third Party Facility means a facility listed in this Agreement that is not owned, operated, or managed by the YMCA. Melbourne City Baths is operated independently by the City of Melbourne. Access is limited to general recreational swimming and is subject to the operating conditions and availability of the relevant Third Party Facility. YMCA is not responsible for the operation or availability of this Third Party Facility.

Facility/Facilities Rules means the rules implemented by Us from time to time for use of the areas within the Facilities.

Force Majeure Event means any event beyond a party's reasonable control, including without limitation acts of God, epidemic, pandemic, disease or public health alert, hostilities, war (declared or undeclared), act of terrorism or other threatened acts of violence, hijack, blockade, national strikes, riots, civil commotion or disturbance, a governmental restraint, a court order, an act or omission of a government agency, fire, flood, storm, cyclone or earthquakes.

Location means Facilities located at 99 Altona Street, Kensington.

Operating Hours means the period during which the Facilities are open and accessible to the public, times which are available at;

(i) https://kensington.ymca.org.au/visit/opening-hours

(ii) https://carltonbaths.ymca.org.au/visit/opening-hours

(iii) https://nmrc.ymca.org.au/visit/opening-hours

(iv) https://nmcc.ymca.org.au/visit/opening-hours

(v) https://www.melbourne.vic.gov.au/melbourne-city-baths

and may vary subject to any public holidays observed in Victoria, Australia.

Services means the provision of swimming lessons by YMCA (Lessons) and access to the Facilities.

Service Fees means the fees that You are required to pay to YMCA to receive the Services from Us.

Suspension means where the Services to you are paused or put on hold for a duration on the terms set out in clause 8.

December-January Program Shutdown Period means the period each year during which Lessons are not delivered following the conclusion of the program in December and prior to recommencement in January, as determined by Us and notified to You in advance.

Service Interruption means any circumstance, where a Lesson is cancelled, postponed, or unable to be delivered due to operational or external factors, including but not limited to Facility closure, maintenance, safety requirements, or staffing constraints.

Membership means the Customer s ongoing entitlement to receive the Services under this Agreement, including access to the Facility and participation in Lessons, subject to the terms of this Agreement.

Direct Debit Services Agreement means an agreement which authorises a merchant to debit money from your bank account. It outlines the terms of the direct debit, including the amount, payment schedule, your rights (such as the ability to cancel), and the merchant's obligations. The Agreement is the legal basis for the recurring payments and must be in place before any funds are debited.

Merchant means YMCA Community Programming Pty Ltd

 

You, User, Customer means the person wishing to receive the Services from YMCA and "Your" has a corresponding meaning.

1. AGREEMENT

By subscribing to the Services, You acknowledge and agree:

(a) to receive the Services from YMCA at the Facilities as governed by this Agreement;

(b) to follow the rules, regulations and Conditions of Entry at all times while using the Facilities;

(c) that to the best of your knowledge, You have no medical reason that might prevent You from using the Facilities safely;

(d) that We do not provide medical advice before You use the Facility, and cannot give You medical advice whilst You use the Facility or following Your use of the Facility;

(e) that Your responsibilities under this Agreement, including payments, do not depend on how often You use the Facilities, rather they provide You with an entitlement to use the Facilities and receive the Services, as contained in this Agreement;

(f) to tell us if at any time You believe that You may not be able to comply with Your obligations under this Agreement, so we can discuss Your options with You;

(g) that You may enter into this Agreement for the provision of the Services for a Minor and where you do, You are responsible for the Minor's compliance of this Agreement; and

(h) that this Agreement will come to an end if it is Terminated pursuant to this Agreement.

2. SERVICES AND FEES

(a) As part of our Services, You are entitled to a certain number of Lessons.

(b) Our Service Fees and inclusions for such fees are detailed on our website at https://kensington.ymca.org.au/visit/prices.

(c) Lessons do not have individual fees attached to them and any Service Fees You pay to us, under this Agreement, are for the Services in full (i.e. for access to the Facilities and for the number of Lessons allocated as per our Service Fee schedule on our website).

(d) Your Lessons apply solely to You and may not be sold, transferred to, or used by, any other person with the exception that if You are a parent or guardian entering into this Agreement to retain the Services on behalf of a Minor, YMCA acknowledges that the Minor will attend the Lessons and will be permitted access to the Facilities.

(e) Once You have:

(i) agreed to this Agreement, and We have accepted You as a customer and provided You access to the Customer Portal;

(ii) selected the Services via the Customer Portal and paid your Service Fees up-front or agreed to a direct debit payment arrangement with Us,

then this Agreement to receive the Services will commence.

3. CUSTOMER PORTAL

(a) By entering into this Agreement, We will provide You with access to the Customer Portal.

(b) The Customer Portal is Your platform to our system to book Lessons and Make-Up Lessons with Us and to manage Your payment of the Service Fees as outlined in this Agreement.

(c) You select your preferred Facility for Lessons at the time of enrolment via the Customer Portal, and your Lessons will be delivered at that Selected Facility.

(d) You may request to change your Selected Facility, subject to availability and approval by Us.

(e) Where Your Access includes access to the Third Party Facility (Melbourne City Baths), access to the Customer Portal in relation to that Third Party Facility may be restricted or unavailable.

4. ACCESS

(a) Once Your Agreement commences You are permitted to access the Facilities, during all Operating Hours.

(b) We will keep the Facilities open during the Operating Hours except where such circumstances prevent us from opening the Facilities including a government direction, change in Law or an emergency situation

(c) Access to any Third-Party Facility (Melbourne City Baths) is provided for general recreational swimming only and is subject to the availability, operating conditions, and entry requirements of that facility.

5. MINORS AND AUTHORISED PAYERS

(a) Where the Customer is under 18 years of age (Minor), this Agreement must be agreed to by a parent or legal guardian who agrees to be bound by all terms and conditions of this Agreement on behalf of the Minor and, guarantees all of the obligations of the Minor (Guarantor). The Guarantor is responsible for ensuring payment of Service Fees and for ensuring all obligations arising under this Agreement are complied with.

(b) Customers under the age of 12 years:

(i) must be accompanied by a parent or guardian at all times when in the Facilities;

(ii) Comply with Watch-Around-Water requirements as per the Guidelines of Safe Pool Operations.

(c) If a parent or guardian provides their bank account or credit card details for payment purposes as outlined in this Agreement, they acknowledge and agree that:

(i) they are the authorised payer and are responsible for all payments under this Agreement;

(ii) all notices and communications relating to this Agreement, including but not limited to price changes, payment reminders, and contractual updates, may be sent to the email address provided by the Customer via the Customer Portal, unless otherwise requested;

(iii) it is their responsibility to ensure that all their details on the Customer Portal are correct and up to date at all times to ensure they are receiving communications from Us; and

they may request to update the contact email at any time by contacting Us or updating the details via the Customer Portal.

6. PAYMENTS

(a) Unless You have paid Your Service Fees upfront, Your Service Fees will be debited from Your nominated account at the agreed payment frequency for your Service Fees as governed in this clause 6 upon completing the direct debit authority via the client portal (Direct Debit Authority).

(b) By completing the Direct Debit Authority, You irrevocably authorise Us to debit Service Fees from Your nominated bank account, in accordance with this Agreement for the agreed amount and frequency of payments, relevant to the frequency of Lessons You have selected via the Customer Portal.

(c) You authorise Us to arrange for any amount We may debit or charge You pursuant to this Agreement to be debited by Us, from Your bank account.

(d) Throughout Your Agreement, You must ensure:

(i) Your account can accept direct debits (your financial institution can confirm this);

(ii) there is enough money in Your account on the day the payment is due;

(iii) You tell Us if You are transferring or closing your account, at least one week before Your next direct debit;

(iv) You tell Us about any changes to Your credit card, such as its expiry date or number, at least one week before your next direct debit; and

(v) You notify Us and Your financial institution if You want to change or stop Your direct debits,

(e) If the nominated day of Your debit falls on a public holiday or weekend, YMCA will debit Your account on the next business day. 

(f) If You are uncertain as to when the debit will be processed, please inquire with Your financial institution. It is Your responsibility to have clear funds in Your account on the due date of the direct debit. 

(g) Should there be any arrears in payments YMCA will provide You with written notice via the Customer Portal of the arrears and will be authorised to debit the outstanding balance in accordance with such notice in order to bring Your account up to date. 

(h) It is Your responsibility to advise Us if the account nominated by You to receive the direct debit drawings is transferred or closed. It is Your responsibility to arrange with Us a suitable alternate payment met if You wish to cancel the direct debit.

(i) The supply period is for 14 consecutive days from the date of the most recent automated direct debit payment. 

(j) Should any payment via direct debit be dishonoured, a $10 administration fee (Dishonour Fee) may be applied to Your next direct debit payment, reflecting the administrative costs associated with processing failed transactions. YMCA will attempt to contact You via email or text message to notify You of the dishonoured payment and the Dishonour Fee that may be added to Your next direct debit payment.

(k) In the event of payments being dishonoured on two consecutive occasions, YMCA reserves the right to suspend or terminate Your Agreement.

(l) YMCA may additionally charge any other reasonable fees We incur in the recovery of outstanding payments, including fees associated with third party collection services if required.

(m) Any outstanding payments may be made through your Customer Account via the Customer Portal and navigating to My Accounts and Payments.

(n) For the purposes of this clause 6, this Agreement, together with the Direct Debit Authority is your Direct Debit Request Service Agreement with YMCA Community Programming Pty Ltd (YMCA) Direct Debit User Id 403017; ABN 75 092 818 445

For the purposes of this clause 6:-

Direct Debit Services Agreement means an agreement which authorises a merchant to debit money from your bank account. It outlines the terms of the direct debit, including the amount, payment schedule, your rights (such as the ability to cancel), and the merchant's obligations. The Agreement is the legal basis for the recurring payments and must be in place before any funds are debited.

Merchant means YMCA Community Programming Pty Ltd

7. MAKE-UP LESSONS

(a) The Customer is responsible for attending all Lessons. If You are unable to attend a Lesson and notify Us of your inability to attend a Lesson or if Your Lesson is cancelled by YMCA, You are entitled to one make-up lesson, per each notified absence.

(b) If You have booked a make-up lesson and are not able to attend, the make-up lesson will be forfeited. You are not able to cancel a make-up lesson.

(c) Upon termination of this Agreement by the Customer, any eligible make‑up lessons that have not been used within 30 days of the date of termination will be forfeited. Make‑up lessons are not redeemable for cash or credit. Full details are available at Full details are available at https://kensington.ymca.org.au/swim/swimming-lessons.

(d) Failure to attend a Lesson without notifying Us at least two (2) hours before the Lesson will be treated as a 'no-show' and your Lesson booking and entitlement will be forfeited for the Lesson booked. You are not entitled to a make-up lesson where a 'no-show' occurs.

8. SUSPENSION OF LESSONS

(a) You will not be charged any Fees during any Suspension, as outlined in this clause 8.

(b) If You require a Suspension for medical reasons, as declared by a qualified medical professional via a medical certificate, You are required to provide us with a medical certificate for the period you require the Suspension for (Medical Suspensions).

(c) Medical Suspensions may be backdated up to 30 days.

(d) A Medical Suspension may be requested for a minimum of two (2) weeks and up to a maximum of eight (8) weeks in each calendar year.

(e) You are entitled to request a travel suspension for a maximum of fourteen (14) days per calendar year (Travel Suspension). The Travel Suspension must be taken as either:

(i) One (1) continuous period of fourteen (14) days; or

(ii) Two (2) separate periods of seven (7) consecutive days each.

Requests must be submitted no less than three (3) days prior to the intended start date and will not be accepted retrospectively.

(f) Suspension requests must be submitted by the customer in writing (via email) or made in person at the Facility and processed by Us at that time. Suspensions cannot be requested or processed via the Customer Portal.

(g) Any direct debit payment arrangements will be paused during the relevant Suspension outlined in this clause 8.

(h) During the suspension period, all Services entitlements are placed on hold and are not accessible. You will not be permitted to access the Facility while your Agreement is on Suspension.

(i) Where our program is not operating for a notified period (December-January Program Shutdown Period), You may request a suspension of Your Membership for up to three (3) weeks. Suspensions are not automatic and must be requested in accordance with the notified process. Relevant dates and request details will be provided in advance.

(j) If a Lesson is cancelled, postponed, or unable to be delivered due to a Service Interruption excluding (December-January Program Shutdown Period), You will be entitled to a make-up lesson in accordance with clause 7 (Make-Up Lessons).

9. TERMINATION

(a) This Agreement shall continue indefinitely unless terminated by You in accordance with this clause 9.

(b) You may request to terminate this Agreement in writing via email (as outlined in (c) below) or by visiting the Facility and completing a termination form (Notice).

(c) If You wish to terminate your Agreement by email, You may do so by emailing Us at kensington@ymca.org.au. In Your email, We require the following information from You in order to action your request:

(i) Customer name;

(ii) Your phone number;

(iii) address;

(iv) best email address (if not the email address You emailed Us from); and

(v) reason for the termination.

We will then contact You to discuss finalising the termination of Your Agreement with Us.

(d) You may terminate this Membership (Agreement) at any time by providing at least fourteen (14) days written notice to Us (or as otherwise agreed with Us) (Notice Period)

(e) Your final payment will be the last direct debit (Service Fees) that falls within the Notice Period. Following the final payment, your Membership will remain active for a period of fourteen (14) days after which this Agreement will terminate.

(f) We reserve the right to terminate this Agreement on immediate written notice if You do not comply with this Agreement, the Centre Conditions of Entry or the Facility Rules at any time. We will provide You with written notice of the non-compliance and provide You with an opportunity to rectify the non-compliance within a reasonable timeframe unless We determine, acting reasonable, that the non-compliance presents a risk to the health and/or safety of You, Our staff, any other patron at the Facility or any property.

10. FORCE MAJEURE EVENT

(a) A party affected by a Force Majeure Event must give written notification to the other party as soon as reasonably possible, providing details of the Force Majeure Event and (to the extent reasonably ascertainable) the obligations from which it is being prevented from discharging.

(b) If a Force Majeure Event prevents or delays a party from performing its obligations under the Agreement, then the requirement to perform that obligation (other than any obligation to pay) is suspended and neither party shall be liable for any delay or default in performance of its obligations for so long as the Force Majeure Event continues.

(c) Either party may terminate the Agreement if a Force Majeure Event subsists for more than 2 months by providing written notice to the other party via email.

11. INCREASE IN FEES AND CHANGE OF TERMS

(a) You acknowledge that We may increase Your Service Fees, direct debit payment amounts, change the frequency of payments, the debit date schedule or this Agreement by providing You with 30 days' written notice.

(b) If you have any queries in relation to any proposed changes, please contact Us at kensington@ymca.org.au.

(c) You are entitled to terminate this Agreement in accordance with clause 9 prior to the change taking effect. Otherwise, the change will take effect on the date that is 30 days after We provide written notification to You. Written notification may be provided by email or through the Customer Portal (or both).

12. DISPUTES

All disputes regarding a direct debit payment should be referred to YMCA:

a) in person at the Facility;

b) by telephone on 03 9376 1633;

c) mailed to 99 Altona Street, Kensington, VIC 3031;

d) by email at kensington@ymca.org.au; or

e) (where relevant) your nominated financial institution.

13. GENERAL

(a) Provision of services provided by Us may change and for the purposes of this Agreement, is based on entitlement to use and not on actual use.

(b) Customers have access to the Facilities outside of their Lessons; however, such access does not include entitlement to receive Lessons at any Facility other than the Selected Facility.

(c) The Agreement is governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the Courts of Victoria, Australia.

14. PRIVACY

(a) YMCA acknowledges and respects the privacy of individuals. The information that is being collected on this document is for the purposes of processing Your acceptance of this Agreement and financial institution payments where applicable. YMCA, its authorised staff and contracted service providers such as financial institutions and Government agencies covered by law, maybe recipients of this information.

(b) By joining or enrolling in Lessons or a program at the Facilities You will receive communications from YMCA from time to time to update you on items relating to this Agreement. YMCA uses a range of mediums to communicate with You including, but not exclusive to, direct mail, email, SMS and telephone. If You do not wish to have your information contained in this document used or disclosed for this purpose the YMCA will be unable to process Your Agreement.

(c) You have the right to access and alter personal information protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001). Full details of the YMCA Privacy Policy can be obtained on request at the Centre or online at https://victoria.ymca.org.au/privacy-policy

15. RECREATIONAL WAIVER ACKNOWLEDGEMENT

(a) By agreeing to this Agreement, You acknowledge and agree that You accept the following:-

(i) Your access to and participation in the Activities offered by YMCA may involve significant risk. The risks involved may result in personal injury, death or loss of property. Prior to undertaking any Activities offered by YMCA, You should ensure You are aware of all the risks involved and the risks associated with any health conditions You may have.

(ii) By accepting the recreational waiver prompt via the Customer Portal when You accept this Agreement with Us and additionally set out in this clause 15, You acknowledge, agree and understand that participation in the Activities offered by YMCA may involve risk. You agree and undertake any such risk voluntarily.

(iii) If You or Your parent or guardian refuse to agree to the waiver prompt, YMCA may in its absolute discretion refuse to allow You to participate in the Activities.

(iv) If You are under 18 years of age, Your parent or legal guardian (Guarantor) agrees to guarantee and provide an indemnity for all of Your obligations under this Agreement and release as provided in clause 15(J).

(v) By accepting the recreational waiver prompt via the Customer Portal when You accept this Agreement with Us, You are additionally agreeing that your rights to sue YMCA under the Australian Consumer Law and Fair Trading Act 2012 (VIC) are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the Services provided were not in accordance with the statutory guarantees outlined in this clause 15.

Your Rights:

(b) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that YMCA is required to ensure that the recreational services it supplies to You:-

(i) Are rendered with due care and skill; and

(ii) Are reasonably fit for any purpose which you, either expressly or by implication, make known to YMCA; and

(iii) Might reasonably be expected to achieve any result you have made known to YMCA .

(c) Under section 42 of the Fair Trading Act 1987, YMCA ,as the supplier of recreational services, is entitled to ask You to agree to exclude, restrict or modify YMCA 's liability for any personal injury suffered by You or another person for whom or on whose behalf You are acquiring the services (a third party consumer).

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 Y'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 Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Excluding, restricting or modifying Your Rights:

(d) By entering into an Agreement with Us, You will be agreeing to exclude, restrict or modify YMCA s liability with the result that compensation may not be payable if You or the third party consumer suffer personal injury.

(c) You do not have to agree to exclude, restrict or modify Your rights by however, this will mean You are not eligible to use the Facility in accordance with this Agreement. YMCA may refuse to provide You with services if You do not agree to exclude, restrict or modify Your rights by accepting the terms set out in this clause 15.

(d) Even if You accept the terms in this clause 15, You may still have further legal rights against YMCA .

(e) A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.

(f) A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

(g) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to Your attention by this Agreement.

(h) You agree that other than where YMCA has engaged in reckless conduct (being conduct that satisfies section 22(3) of the Australian Consumer Law and Fair Trading Act 2012 (Vic)), YMCA will not have any liability for any:

(i) death;

(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such injury);

(iii) the contraction, aggravation or acceleration of a disease; or

(iv) the coming into existence, the aggravation, acceleration or the reoccurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to You:

(v) that is or may be harmful or disadvantageous to You or the community; or

(vi) that may result in harm or disadvantage to You or the community.

Agreement to exclude, restrict or modify Your rights:-

You agree that the liability of YMCA for any personal injury that may result from the supply of the recreational services that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) is excluded.

For the purposes of this clause 15 in respect of Victoria:-

Personal injury means

(a) an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or

(b) the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or

(c) 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 in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to

(i) the person; or

(ii) the community.

Injury means any physical or mental injury.

Recreational services means services that consist of participation in

(a) a sporting activity or similar leisure-time pursuit; or

(b) any other activity that

(i) involves a significant degree of physical exertion or risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

IMPORTANT

By entering into this Agreement, You (and if You are under the age of eighteen, Your Guarantor), acknowledge and agree that You have read this clause 15 before You access or participate in any Activities offered by or through Us.

For the purposes of this clause 15, any reference to YMCA also includes a reference to YMCA s employees, officers and agents.

You (and if You are under the age of eighteen, Your Guarantor) acknowledge and agree that:

A. You will only perform the Activities in accordance with Your level of ability;

B. You do not suffer any significant health issues that may impact your ability to participate in the Activities;

C. You accept and voluntarily assume all risks associated with the accessing and participating in the Activities (including known and unknown risks, not limited to, physical trauma, strains, bruises, sprains, muscle tears, broken bones, cuts and other serious personal injury such as, cardiac injuries and heart attacks, permanent disability, paralysis and death, as well as damage to or loss of personal property, all of which may be caused by Your own actions or inactions or the actions or inactions of others and the conditions in which these activities takes place, or YMCA 's gross negligence;

D. to the extent permitted by law, You waive any rights that You may have to make any claim against YMCA in connection with Your access to and participation in the Activities, and release YMCA from any claims, liabilities, loss and damage in connection with Your attendance at or participation in the Activities including in respect of death or injury;

E. You agree to indemnify YMCA and its employees, officers and agents against all or any claims, loss, liability, damage or expense (including legal fees) incurred by YMCA in connection with attendance at or participation in the Activities, however caused. Your liability will be reduced to the extent YMCA 's reckless conduct caused or contributed to the loss;

F. to the extent that the Activities constitute "recreational services" under s 139A(2) of the Competition and Consumer Act 2010 (Cth) You agree that other than where YMCA has engaged in reckless conduct, YMCA will not have any liability for any death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or the reoccurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community or that may result in harm or disadvantage to you or the community;

G. subject to item J below, nothing in this clause 15 applies to the extent that it would have the effect of excluding or limiting any non-excludable rights You may have under the Competition and Consumer Act 2010 (Cth) or otherwise under law;

H. the terms in this clause 15 are accepted by You and are in favour of YMCA ;

I. for the avoidance of doubt, any releases in this document are intended to exclude Your rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded;

J. the Guarantor to the extent permitted by law or as otherwise specified in this document:

(a) and subject to clause 15(J)(d), acts as Your Guarantor and unconditionally and irrevocably guarantees the performance of all of Your obligations under this clause 15;

(b) and subject to clause 14(J)(d), indemnifies YMCA against any loss You suffer in relation to the performance or non-performance of Your obligations under this clause 14;

(c) waives and excludes all rights on Your behalf that You may have against YMCA in respect of any claim in respect of injury or death or any other loss, damage or claim suffered or incurred by You arising from or in connection with participation in the Activities;

(d) shall be entitled to assert all rights, defences, limitations and exclusions that You are entitled to under this clause 15 (or would have been entitled to under this clause 15 if it were enforceable against You or where not enforceable), including any set-off or counterclaims that You are (or would have been) entitled to assert under this clause 15, but excluding any defences arising from the invalidity, unenforceability or illegality, in whole or in part, of any of this clause 15 (including any unenforceability against You, or any other documents creating, representing or evidencing your obligations, or defences arising from the bankruptcy or other similar proceeding affecting You (if relevant).

16. GUARANTOR ACCEPTANCE

If the Customer is a Minor (Minor Customer):

(a) the Minor Customer acknowledges that it has read and understood this Agreement and to be bound by its terms; and

(b) the Guarantor:

(i) acts as the Minor Customer's guarantor in relation to all of the Minor Customer's obligations under the Agreement while the Customer is a Minor; and

(ii) indemnifies YMCA against any loss suffered as a result of the Minor Customer's breach of this Agreement.

I, (and if I am under the age of 18 years of age, my Guarantor) acknowledges, by accepting this Agreement, that I / my Guarantor agree to the above terms and conditions.