NUsport Terms & Conditions
In this Agreement:
“Agreement” means these Terms and Conditions.
“Centre Manager” means the person/s appointed by NUsport as the manager of the NUsport Managed Facilities from time to time.
“Childminding Services” means the limited child minding facilities offered by NUsport on site at one or more NUsport Managed Facilities in accordance with timetables and other guidelines published from time to time.
“Hire Equipment” means any facility, premises, equipment or goods available to hire from NUsport, including but not limited to all or part of any of the NUsport Managed Facilities.
“NUsport Managed Facilities” means each facility owned, operated, branded or managed by NUsport from time to time (as at the date of publishing of this Agreement includes The Forum Health & Wellness Centre, Harbourside, The Forum Sports & Aquatic Centre, University and each other building, ground, oval or facility connected to or associated with these two venues).
“NUsport Program” means any personal training, group fitness classes, sports competitions, Short Course Program, Swim Academy, birthday parties or any other sports, recreational or health/wellbeing activity or program conducted by or on behalf of NUsport.
“School Sport Booking” means the reservation of part or all of a NUsport Managed Facility by or on behalf of a primary or high school organisation to allow the delivery of a NUsport Program to students of the school.
“Short Course Program” means any temporary, seasonal or “one-off” program organised or conducted by NUsport such as, among others, Boot Camp, Run for Fun and Triathlon Training.
“The Forum Retail Store” means the merchandise available for purchase at The Forum Sports & Aquatic Centre, University and The Forum Health & Wellness Centre, Harbourside.
“University” means the University of Newcastle.
“Website” means “The Forum” website at http://www.theforum.org.au.
These Terms & Conditions form an agreement between NewcastleUniversity Sport (“NUsport”) and each member of NUsport and, where applicable, each casual or other visitor or user of a NUsport Managed Facility (“You”). By applying to NUsport for Membership, visiting a NUsport Managed Facility or participating in a NUsport Program, You agree to be bound by these Terms & Conditions.
RISK WARNING: You or Your child’s participation in any NUsport Program or use of any NUsport Managed Facility is a recreational activity which involves a risk of physical harm, injury or damage to You or Your child. Physical harm that might arise from Your or Your child’s participation in a NUsport Program or use of any NUsport Managed Facility includes, but is not limited to, j
oint and muscle sprains and strains, bruising, concussion, cuts and abrasions, dehydration, dental damage, joint injuries, nose injuries, stress fractures and
bone/joint/muscle breakages and strains. T
he degree of risk and extent and type of physical harm, injury or damage may vary depending on the nature of the
NUsport Program or NUsport Managed Facility.
1. Membership and Payment of Fees
1.1 You may apply to NUsport to become a member of NUsport (Membership).
1.2 NUsport may refuse Your application for Membership if:
(a) You fail to properly complete the application for Membership;
(b) NUsport determines, in NUsport’s sole opinion, that You or Your child are in any way a threat to the health, safety or wellbeing of any NUsport member, employee, agent or contractor; or
(c) You fail to comply with any other reasonable requirements of NUsport.
1.3 Unless otherwise stated in this Agreement, all applications must be accompanied by payment in full of the corresponding fee. All current Membership or other fees are available on the Website or in hard copy at any of the NUsport Managed Facilities.
1.4 Membership fees can be paid:
(a) Upfront in full; or
(b) By equal fortnightly instalments, payable in advance (via direct debit), over a minimum 12 month term (Direct Debit Option).
1.5 NUsport uses Ezypay to manage most payments for the Direct Debit Option, the balance are managed by NUsport merchant facilities provided to NUsport by Westpac Banking Corporation. If You elect to pay your Membership using the Direct Debit Option, You must agree to the Ezypay Terms & Conditions (if applicable to You) which can be found at www.ezypay.com.au.
1.6 Any failed direct debits will incur a dishonour fee. At the expiry of the 12 month term, the Direct Debit Option will automatically continue on a fortnightly basis unless expressly cancelled by You in accordance with clause 2.1 of this Agreement.
1.7
If You fail to make payment of any amount owing to NUsport in accordance with this Agreement, Your access to the NUsport Managed Facilities and participation in the NUsport Programs will be suspended until such time as full payment is made.
1.8 All fees associated with casual participation in NUsport Programs must be paid in advance.
1.9 Your participation in any NUsport Program will not be secured, reserved or permitted until payment is made in the manner advised by NUsport.
1.10 All new Memberships of 3 months or more are subject to a seven (7) day cooling-off period. During the cooling off period, You may cancel Your Membership in writing to NUsport without penalty, less an administration charge (in accordance with the Fitness NSW Code of Practice). Your use of the NUsport Managed Facilities or participation in the NUsport Programs during the cooling-off period will be subject to the applicable casual rate and will also be deducted from any refund due to You.
1.11 Swim Academy: You must enrol Your child in the SwimAcademy prior to the commencement of each school term by completing a new application form and providing full payment.
1.12 Equipment Hire: You may hire equipment from NUsport if NUsport agrees (and subject to availability) only if You:
(a) Provide NUsport with the information/details required by NUsport;
(b) Pay the applicable fee as and when required by NUsport; and
(c) Where if requested by NUsport, pay a security deposit or provide a suitable form of identification as requested by NUsport.
You agree to meet all reasonable replacement costs if the hired equipment is not returned to NUsport on the date specified by NUsport at the time of hiring. If You have paid a security deposit, You agree that these costs can be deducted from the security deposit. You will be liable for any shortfall.
2. Cancellations, Changes and Refunds
Cancellations
2.1 Memberships subject to the Direct Debit Option may be cancelled by providing 30 days written notice to the Centre Manager. All cancellations take 30 days to process and the following cancellation fees (which are subject to change) will apply:
(a) in respect of Direct Debit Option Memberships that are cancelled during the first 12 months of the term – $100.00; and
(b) in respect of Direct Debit Option Memberships that are cancelled after the initial 12 months – $40.00.
Refunds
2.2 In respect of cancellations of Memberships, NUsport Programs and Short Course Programs that have been paid upfront, no refunds will be provided.
2.3 In respect to purchase of goods from The Forum Retail Store, no refunds will be provided. In the case of faulty goods being sold, a credit note will be issued upon presentation of receipt or purchase and return of item. Goods purchased may be exchanged within 7 days upon presentation of receipt of purchase. Goods must be returned in original condition.
2.4 Personal Training Sessions:
(a) If You are unable to attend a personal training session, You must provide 24 hours notice by contacting Your trainer or a NUsport Customer Service Consultant at the relevant NUsport Managed Facility. Any notice of less than 24 hours will result in forfeiture of payment for the full session.
(b) To be eligible for a replacement session, You must show a medical certificate.
(c) If You are a personal trainer pass holder, You must use Your replacement session within the validity dates applicable to Your pass. If You are a casual personal training client, You must use Your replacement session within 30 days of Your notified absence.
2.5 Swim Academy:
(a) If You are unable to attend a lesson, including a Private Lesson, You must provide 24 hours notice by contacting a NUsport Customer Service Consultant at the relevant NUsport Managed Facility.
(b) If You have paid for all lessons upfront, a make-up lesson can be arranged and must be redeemed within the same term. A maximum of two ‘make-up’ lessons per term will be granted.
(c) If less than 24 hours notice is given, You will be required to show a medical certificate to be eligible for a make-up lesson, subject to the approval of the manager of the SwimAcademy. If you are enrolled for a Private Lesson
any notice of less than 24 hours will result in forfeiture of payment for the full session
. If You pay your SwimAcademy fees by direct debit, make up lessons will not be issued as You are eligible to attend unlimited sessions during the term if payment is made via direct debit.
(d) If You cancel a make-up lesson, You will forfeit that lesson.
(e) Any request for a refund of SwimAcademy fees must be made in writing, addressed to the manager of the SwimAcademy and accompanied by a medical certificate. An administration fee will apply for each application for a refund. NUsport may (in NUsport’s sole opinion) provide You with a refund or a credit note. Any credit notes issued will have an expiry of 12 months.
2.6 Hiring of NUsport Managed Facility:
(a) You must provide NUsport with at least 48 hours notice of any cancellations or modifications to bookings in respect of hiring of a NUsport Managed Facility to be eligible to receive a full refund of the amount paid in respect to that booking.
(b) If You fail to attend a booking and do not provide 48 hours notice of the cancellation or modification, You will incur a cancellation fee of up to 100% of the hire fee (determined in the absolute discretion of NUsport).
2.7 School Sport bookings:
(a) You must provide NUsport with at least two weeks notice of any cancellation of school sport bookings.
(b) Failure to provide two weeks notice (but not less than one week) will incur a cancellation fee equivalent to 50% of the booking fee. Notice of less than a week of the booking will incur a fee equivalent to 100% of the booking fee.
2.8 Off – Site Delivery:
(a) If You wish to cancel the delivery of NUsport Programs at locations other than a NUsport Managed Facility, You must provide NUsport with no less than 14 days notice. Cancellation notice of less than two weeks (but more than 1 week) of the booking will incur an administration fee equivalent to 20% of the booking fee. Notice of less than a week of the booking will incur a fee equivalent to 100% of the booking fee.
2.9
Sports Competitions
:
(a) If You have booked any part of a NUsport Managed Facility for use in a sporting competition (which includes without limitation one off competition games, races, etc in addition to round robin and knock out galas and other competitions) and You wish to cancel this booking, You must provide NUsport with at least 24 hours notice by contacting a NUsport Customer Service Consultant at the relevant NUsport Managed Facility.
(b) Cancellations of less than 24 hours notice will incur a fee of 100% of the fee to be charged had the sporting competition proceeded as normal. This fee is to be paid on arrival at the next game/competition or on written demand made by NUsport, whichever occurs first.
NUsport’s right to change or cancel NUsport Programs etc
2.10 NUsport reserves the right to modify, re-schedule or cancel any NUsport Program. NUsport will provide full refunds for cancellations in respect of Short Course Programs. Group and aqua fitness timetables are subject to change without notice. All timetables and schedules for NUsport Programs can be found on the Website. NUsport will endeavour to keep the Website updated which will serve as reasonable notification to You of any changes to timetables, etc.
Membership Changes
2.11 Upfront memberships may be upgraded at any time however a new 12 month membership will commence. The unused value of membership will be calculated on a pro rata basis from date of request and used in upgrade.
3. Timestop, Transfer and Change of Details
Timestop
3.1 NUsport may (in its absolute discretion) agree to suspend the operation of a Membership (called a ‘Timestop’) for Memberships of 12 months (either upfront payment or Direct Debit Option) for travel, medical or other personal circumstances and SwimAcademy enrolments paid by direct debit. Timestops may be issued for a minimum of 2 weeks and a maximum of 3 months (as applicable) per calendar year. A Timestop is not an automatic right available to You and does not accumulate across membership terms.
3.2 To be eligible for Timestop, You:
(a) must complete and submit a “Timestop request” form found on the Website at least 14 days prior to the commencement of the Timestop period; and
(b) may be required to provide NUsport with supporting documentation.
3.3 In the event NUsport is required to close a NUsport Managed Facility, Timestop will be available to affected members upon request. This request can be made by completing a
Timestop Request
form.
Transferring Membership
3.4 You can transfer your Membership to a person nominated by You. Both parties need to be present at a NUsport Managed Facility to transfer the Membership. An administration fee of $40.00 will be payable by You or the incoming member at the time the Membership is transferred. The incoming member must provide valid bank account details (if the Membership is payable via the Direct Debit Option) and comply with the terms and conditions applicable to that Membership.
Change of Details
3.5 You must keep NUsport informed of any changes to Your address, email, contact details, bank account/credit card details (if applicable) and any other information relevant to Your Membership, use of the NUsport Managed Facilities or participation in the NUsport Programs.
4. Minimum Age
4.1 You must be at least 14 years of age to be eligible for Membership (unless medical clearance is provided). Generally, all members who are under 16 years of age must be supervised by an adult. Please refer to The Forum
Kids in Gyms Guidelines
.
5. Rights and Risks of Admission and Facility Usage
5.1 You must present Your Membership card to gain entry into NUsport Managed Facilities. If another person attempts to use Your card, that person will be refused entry into NUsport Managed Facilities. Your card will be retained by NUsport and the person attempting to use Your card will be questioned. Staff will notify You that Your card has been used fraudulently. If it is found that You voluntarily gave Your card to a person for the purposes of fraudulently gaining entry to NUsport Managed Facilities, Your Membership will be cancelled without refund. All members over the age of 14 years must have their photograph taken for use in NUsport’s database.
5.2 You acknowledge and agree that:
(a) You must not use the NUsport Managed Facilities or participate in the NUsport Programs if such use or participation will adversely affect your physical or mental wellbeing;
(b) NUsport is in no way responsible for determining whether you are physically or mentally able to use the NUsport Managed Facilities or participate in the NUsport Programs;
(c) You have made the necessary enquires and received the necessary medical advice to ensure Your use of the NUsport Facilities and participation in the NUsport Programs will not in any way whatsoever adversely affect Your health or wellbeing (physical or other);
(d) You will use the NUsport Managed Facilities and participate in the NUsport Programs at Your own risk;
(e) You must conduct Yourself in accordance with NUsport’s policies and procedures, copies of which are displayed at NUsport Managed Facilities and are available to me on request;
(f) NUsport will in no way be responsible or liable for any loss, damage or theft to any of Your personal property arising out of or in connection with Your use of the NUsport Managed Facilities or participation in the NUsport Programs.
(g) NUsport staff reserve the right to refuse access to any NUsport Program or Childminding Service if they deem the child to be unwell.
5.3 NUsport may immediately suspend and/or terminate a Membership at any time if NUsport determines, in its absolute discretion, that You have failed to comply with these Terms & Conditions or otherwise acted in a manner detrimental to NUsport, NUsport Managed Facilities, NUsport’s patron or other members, staff, employees, contractors or agents. Unless expressly agreed otherwise, in the event Your Membership is suspended or terminated, NUsport is not obliged to refund any fees paid by You.
5.4 Sports Competitions: If You are participating in Sports Competitions, You must comply with the Code of Conduct and any rules and regulations applicable to that Sports Competition. These are available to view at the Website.
Infringements of Sports Competitions Code of Conduct may result in You or your team (depending on the nature of the infringement) being removed from the Sports Competition. Fees will not be refunded.
5.5
Childminding Services
:
(a) If Your child is not yet mobile, NUsport requests that You provide a pram or stroller for Your child. If You wish to provide a snack for your child, NUsport will not accept any foods that contain NUTS, EGG, SHELLFISH, POPCORN or PEANUT BUTTER. All property must be clearly named. You must provide any necessary toilet provisions – such as nappies, wipes and/or change of clothing.
(b) You must remain on the relevant NUsport Managed Facility and be contactable at all times whilst Your child/children are at the Childminding Services or participating in any NUsport Program (except for School Sport bookings).
(c) You acknowledge and agree that, to the extent permitted by law, NUsport will not be liable for any direct, indirect or consequential loss howsoever arising out of or in connection with Your or Your child’s use of or participation in the Childminding Services.
(d) You hereby release and indemnify NUsport (and its employees, agents and contractors) from and against any claims, loss, liability, damage (whether of a direct, indirect or consequential nature) arising out of or in connection with You or Your child’s use of or participation in the Childminding Services or any act or omission of You or Your child in connection with the Childminding Services.
5.6 When using NUsport Managed facilities or participant in NUsport Programs, You must:
(a) Wear
suitable attire and enclosed footwear at all times (eg. exercise shorts, singlets, active wear etc);
(b) Not wear clothing bearing offensive images or inappropriate advertising;
(c) Bring and use sweat towels (which are compulsory);
(d) Consider personal hygiene, that is, wear deodorant and be aware of your own body odour;
(e) Not bring food, chewing gum, cans/glass bottles onto the NUsport Managed Facilities;
(f) Not, under any circumstances, bring substance which are (or potentially) explosive or flammable liquids, corrosive chemicals, dangerous goods or in any way hazardous in or around the NUsport Managed Facilities;
(g) Advise a NUsport Instructor of any injury or potential injury and, if You are pregnant, of that pregnancy; and
(h) Ensure that You exercise with caution at all times (particularly in extreme weather conditions).
5.7 Lockers are provided for storage of valuables. NUsport takes no responsibility for theft of or damage to personal property.
5.8 University parking permits are available to members to purchase for use at The Forum Sports & Aquatic Centre. Staff and Students of the University of Newcastle are not permitted to purchase a parking permit for The Forum Sports & Aquatic Centre, University. Permits are valid for a calendar year. Permits will not be replaced if lost, stolen or destroyed. The permit is valid in car parks 9, 12, 13, 16 (as marked) and must be displayed on vehicles at all times while parked in these car parks.
6. Indemnity and Liability
6.1 You hereby release and indemnify NUsport (and its employees, agents and contractors) from and against any claims, loss, liability, damage (whether of a direct, indirect or consequential nature) howsoever caused arising out of or in connection with:
(a)
Your Membership;
(b)
Your entry into or use of a NUsport Managed Facilities;
(c)
Your participation in any NUsport Programs;
(d)
Any other act or omission of You, NUsport or an employee, agent, contractor or another member of NUsport) in connection with the subject matter of this Agreement.
6.2 Except as provided in this Agreement (and to the extent permitted by law), NUsport makes no warranties (express or implied) in respect of the NUsport Managed Facilities, the NUsport Programs or your use of or participation in the same.
6.3 Without limiting the generality of the above, NUsport makes no warranty regarding the software and technology used by NUsport in respect of the management and administration of Memberships (
the Software
). You acknowledge and agree that NUsport will not be liable for any loss or damage
arising out of or in connection with the:
(a) The Software; or
(b) Any unauthorized, fraudulent or negligent use of the Software.
7. Promotions and Special Offers
The following terms apply to the following special offers or trade promotions and, to the extent of any inconsistencies, the following terms will prevail. Promotional offers or prizes cannot be exchanged, transferred or redeemed for cash and will not be available to NUsport staff or families of NUsport staff. NUsport reserves the right to cancel or vary the terms of any special offer or trade promotion at anytime or refuse to award any special offer or prize to any person in NUsport's absolute discretion.
7.1 Complimentary Passes (1 and 7 day)
(a) Complimentary Passes may be
given to members and/or the general public at the discretion of NUsport and are limited to one pass per person in any 12 month period.
(b) Use of
Complimentary Passes is subject to these
Terms & Conditions and any other conditions NUsport may impose (such as periods and dates available for redemption and use).
(c) Complimentary Passes can only be redeemed by guests 16 years and over and in person with a Customer Service Consultant at a NUsport Managed Facility. The guest may choose the NUsport Managed Facility at which they redeem the ComplimentaryPass.
(d) Facility tour, photo ID and enrolment form must be completed prior to use.
(e) Website requests for Complimentary Passes are not valid until a Customer Service Consultant contacts You via email or phone.
(f) The complimentary 7 day pass is valid for 7 consecutive days and cannot be broken up into 1 day per week for 7 weeks. Complimentary Passes are not available with any other offer or discount and are not redeemable for cash, transferable or exchangeable. All rights reserved by NUsport.
7.2 Complimentary Memberships, Donations and Sponsorships m
ust be redeemed within the time stated on the complimentary membership letter. All existing members must complete the initial term of original Membership before complimentary enrolment can commence. All rights reserved by NUsport.
7.3 Corporate Wellness Vouchers
(a) If you book a Health Expo valued at $5000 or more in the month that You make an initial enquiry, You will receive a complimentary Corporate Wellness Seminar of your choice valued at $544.50. You must book the complimentary Corporate Seminar within 90 days of the Health Expo delivery. Seminar must be from the topics listed on NUsport’s current Corporate Program.
(b)
If You book an Activity Day valued at $300.00 or more, You will receive a Complimentary one (1) hour Climbing Wall team building session for up to 10 people valued at $135.00.
(c)
If You book two seminars in the month that You make your initial enquiry, You will receive a 3rd seminar for free, valued at $544.50. The seminar must be booked within 90 days from delivery of the second seminar. The Seminar must be from the topics listed in NUsport’s current Corporate Program.
7.4 Semester Two Membership Deal
Join before 30 July 2010 and bring in a promotional DL flyer or email blast to receive one free personal training session. Member must purchase a semester two 2010 membership and be a current and enrolled student at the University of Newcastle. Personal training session times vary depending on availability of staff. Group sessions may be arranged without notification.
7.5 Junction Fair Competition
Enter your details into the draw for your chance to win The Forum's Starter Pack*. Pack consists of 3 month membership, personal training session, backpack, waterbottle and sweat towel. *Conditions apply. Information subject to change as determined by availability of stock.
Junction Fair membership offer
Present your Junction Fair membership offer voucher at The Forum to take up this special membership offer. Purchase a 12 month membership and receive 3 months of childminding free*. *Conditions apply.
8. Casual Hirer
8.1 You must apply to NUsport in writing to hire the Hire Equipment. NUsport may refuse any application for hire if the purpose for which You wish to hire the Hire Equipment is, in NUsport sole opinion, inappropriate or unsuitable in anyway whatsoever.
8.2 You will be solely responsible for the supervision, control and behaviour of your officers, employees, agents, players and spectators while using the Hire Equipment.
8.3 You acknowledge and agree that:
(a) Before hiring theHireEquipment You inspected the Hire Equipment and are satisfied that it is fit for the purpose for which You are hiring;
(b) Neither NUsport nor the University warrants that the Hire Equipment is fit for the hiring purpose;
(c) You must use the Hire Equipment in a safe and proper manner at all times and will comply with any directions given by NUsport or University staff;
(d) You must ensure that any anti-discrimination and anti-vilification policies of the University and NUsport are complied with at all times; and
(e) You must not use the Hire Equipment in a way that may bring the University or NUsport into disrepute.
8.4 NUsport Managed Facilities are alcohol free zones and will ensure that no alcohol is consumed in these areas unless authorised by prior written notice from NUsport’s Chief Executive Officer. Where authorised, the supply or consumption of alcohol by You must be undertaken under the guidelines detailed in the NSW Responsible Service of Alcohol policy and You must provide NUsport with a copy of the relevant functions licence before a booking is made for a function at which alcohol is proposed to be provided. You acknowledge that NUsport Managed Facilities are glass free zones and will ensure that no glass items are taken onto or into any part of the NUsport Managed Facilities. For the avoidance of doubt, NUsport does not hold a liquor licence and will not be responsible for ensuring you comply with all relevant legislation, regulations and guidelines in respect of the sale or supply of alcohol.
8.5 You must leave or return the Hire Equipment in a clean and tidy condition. Failure to do so may result in additional fees for cleaning or cancellation of future bookings. With the exception of fair wear and tear, You must pay for the repair of any damage to the Hire Equipment or any NUsport Managed Facility (or fixtures, fittings, furnishings, equipment or other property in or on NUsport managed Facility) arising out of or in connection with Your hiring. If using a NUsport Managed Facility, all warm ups, agility, speed and fitness must be undertaken outside the marked playing field.
8.6 Other than guide dogs, You must not allow any animal to be brought onto the NUsport Managed Facilities.
8.7 You must not bring or allow any person to bring onto the NUsport Managed Facilities any explosive or flammable liquids, corrosive chemicals, dangerous goods or other like hazardous substances.
8.8 You will ensure that all members of Your booking group wear appropriate footwear in accordance with safety requirements at all times. Enclosed, non-marking footwear is required in the Stadium Court, Auchmuty Court, Studio 1, Studio 2, High Performance Training Zone, Meeting Rooms, Gymnasium, Climbing Wall, Squash and Tennis courts. You acknowledge that football boots are not to be worn indoors of any NUsport Managed Facility.
8.9 All keys (for access to Hire Equipment) are to be signed out and signed in the appropriate register and generally a deposit is taken. Hirers are not permitted to access storage areas without appropriate authority. Keys cannot be collected more than 15 minutes before commencement of confirmed booking time and all keys must be returned within 15 minutes on conclusion of the confirmed booking time. If the keys are not returned within these specified times, additional charges will apply.
9. General
9.1 If any part of this Agreement is prohibited, invalid or unenforceable, that part will be ineffective to the extent of the prohibition, invalidity or unenforceability without invaliding the remaining terms of this Agreement.
9.2 A failure or delay of NUsport in exercising a right, power or remedy under this Agreement does not prevent its exercise.
9.3 NUsport will collect and use Your personal information in accordance with the NUsport Privacy Policy, details of which can be found on the Website or by contacting a NUsport Managed Facility.
9.4 NUsport may vary these Terms & Conditions at any time and without notice to You. This includes any fees or prices referred to in or in any way connected with this Agreement. Varied Terms and Conditions will be placed on the Website at NUsport’s earliest convenience.
9.5 Website Terms and Conditions for use. When using The Forum website (Site), you agree to accept and comply with the terms and conditions of use.
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