Terms and Conditions

    By accessing a NUsport Managed Facility or participating in any NUsport Program You (on Your own behalf or as guardian of Your child) acknowledge and agree that these terms and conditions together with any application or membership form to which these terms are referred or attached make up a binding agreement between You and NUsport. This Agreement is accepted by either signing the application or membership form, paying the relevant membership or program fees or accessing any NUsport Managed Facility or participating in any NUsport Program after receiving notice of this Agreement.

    RISK WARNING: You or Your child's participation in 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 You or Your child's participation in a NUsport Program or use of any NUsport Managed Facility includes, but is not limited to, joint 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. The 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.

    1.0 Newcastle University Sport (NUsport)

    NUsport is a not-for-profit entity which exists to initiate, develop, operate and maintain sporting recreational services, facilities and relationships for and in support of the University and its communities. NUsport is governed by a Board of Directors who are responsible for the performance of NUsport and defines the organisational purpose, sets the long-term strategic direction; and oversees strategic implementation.

    Members of NUsport are made up of Ordinary Members; Honorary Life Members; and Other Members made up of Associate Members (Graduates, External, Special, Corporate). Complete details can be found within the NUsport Constitution.

    1.1 General Terms
    1. 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.
    2. NUsport may vary these Terms & Conditions at any time and without notice to You. This includes any fees or prices referred to in any way connected with this agreement. Varied Terms & Conditions will be placed on the Website at NUsport's earliest convenience.
    3. Website Terms & Conditions for use - When using The Forum Website (Website), you agree to accept and comply with the terms & conditions of use.
    1.2 Membership Definitions
    1. UON Student – applicable to UON Students upon proof of current UON enrolment. Your Student status will be periodically checked with UON and if at any time your eligibility changes, Your membership rate will be changed in accordance with these terms and conditions.
    2. Concession – applicable to UON Staff (Full time, Part time, Conjoint, Casual) upon proof of employment. Others Concessions include UON Graduates, eligible Corporate Companies, those under the age of 18 or proof of student, pension or disability concession, subject always to provision of adequate evidence supporting that Concession (in the absolute discretion of NUsport).
    3. Couples consists of two adults (over the age of 18) who are spouse or de-facto. Two adults in a relationship who live together as a couple, and are not siblings or a parent or a child of each other. Proof of relationship is required and can include but is not limited to a joint bank account or other joint financial obligations excluding utilities or entertainment. Proof of joint financial obligations, co-habitations (eg. state issued identification), or marital certificate may be required upon request.
    4. Family consists of:
      1. A Couple plus up to two dependent children (under the age of 18 years). Persons aged 18 and over are considered a legal adult and must purchase an individual membership.
      2. One Adult plus up to three dependent children (under the age of 18 years). Persons aged 18 and over are considered a legal adult and must purchase an individual membership.
      3. Restrictions are placed on facility usage for children aged 0 - 16 years. Please refer to the NUsport Kids in Gyms Guidelines for an outline of facility and program use.
    5. Full Fee - applicable to all members of the community without concessions.
    6. Associate NUsport Members – comprises of UON Graduates, External, Corporate, Special as defined by NUsport Constitution. Membership under this category is valid 12 months from 1 March each year.
    7. New Membership - means a membership purchase when no membership agreement has been held in the past 12 month period.
    1.3 Other Definitions
    1. NUsport Managed Facilities means any sporting, recreation, aquatic or similar facility owned or operated by or on behalf of NUsport from time to time.
    2. NUsport Programs means any sporting, recreation, fitness, lifestyle, nutrition or similar training and education programs or workshops offered or presented by or on behalf of NUsport from time to time.
    2.0 Membership to NUsport
    2.1 Membership applications

    You may apply to become a member of NUsport:

    1. To access and use NUsport Managed Facilities, including membership to The Forum
    2. To access and participate in NUsport Programs, including UON Sporting Clubs.

    You must make an application for membership by completing and submitting a membership form (which can be found on the Website or the information counter at any NUsport Managed Facility). You must ensure that you provide all relevant supporting information when submitting your application. A failure to supply any required information or an incomplete application may result in the application being delayed or refused.

    Without limiting the preceding paragraph, NUsport may refuse Your application for Membership if:

    1. You fail to properly complete the application for Membership;
    2. NUsport determines, in NUsport's sole opinion, that You or Your child are in any way a threat to the health, safety or wellbeing to any NUsport patron, employee, agent or contractor; or
    3. You fail to comply with any other reasonable requirements of NUsport.

    Unless otherwise stated in this Agreement, all applications must be accompanied by payment in full of the corresponding fee. All current fees are available on the Website.

    2.1.A Membership of Newcastle University Sport

    Where You apply for membership of NUsport pursuant to a UON Student or Concession (UON employee other than casual employee) membership, you acknowledge and agree that by signing that membership application form you also (and without the requirement for further application) apply to become an ordinary member of Newcastle University Sport ACN 096 090 372, a company limited by guarantee. Unless you receive written notice from NUsport to the contrary, your application for ordinary membership of Newcastle University Sport ACN 096 090 372 will be granted on the same date as your NUsport membership is approved.

    2.2 Payment of fees

    Fees can be paid:

    1. Upfront Paid in Full (PIF); or
    2. Ongoing Direct Debit (Direct Debit Option) by equal fortnightly instalments, payable in advance over the Initial Commitment Period (12 month term); or
    3. Online via the Website. This option is available for current UON students only.

    You are solely responsible for effecting and managing Your fee payments (irrespective of which payment method you elect). NUsport reserves in its absolute discretion the right to authorise or refuse refunds and/or deny entry to any NUsport Managed Facility or participation in any NUsport Program for any purchases made fraudulently.

    NUsport engages Ezypay to manage payments for the Direct Debit Option. If You elect to pay your Membership using the Direct Debit Option, You must agree to the Ezypay Terms & Conditions which can be found at www.ezypay.com.au. You must ensure that you review and understand those terms and conditions at the commencement of this Agreement and from time to time. The nominated Direct Debit bank account must be an Australian Bank Account which has direct debit access. Please check with your bank if you are unsure. Any failed direct debits will incur a dishonour fee invoked by Ezypay. NUsport will attempt to debit You no more than two times where a failed payment occurs and will not be liable for any fees or other costs that You may incur as a result of any failed payment or attempt to process a direct debit payment by or on behalf of NUsport.

    Direct Debit fortnightly fees can be paid up to four fortnights in advance at any NUsport managed facility. Advance payment of fees will be subject to clause 2.5 of this agreement.

    The Direct Debit Option will continue beyond the Initial Commitment Period, on a fortnightly basis unless expressly cancelled by You in accordance with clause 2.4 of this Agreement. The fortnightly Direct Debit amount will align with the applicable membership fee at that time. This may result in an increase to your Direct Debit amount after the Initial Commitment Period. We will notify you with a minimum 14 days notice of any change to your membership fee and the date from which the change will apply. Notification will be in writing to the supplied email address.

    If You fail to make payment of any amount owing to NUsport in accordance with this Agreement, in addition to and without prejudice to any other rights that NUsport has under this Agreement or at law, Your access to NUsport Managed Facilities and participation in NUsport Programs will be suspended until such time as full payment is made.

    2.3 Change of details

    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 NUsport Managed Facilities or participation in NUsport Programs.

    2.4 Cancellations

    Memberships subject to the Direct Debit Option may be cancelled by completing and submitting to NUsport the cancellation form on the Website.  Cancellations are not accepted verbally.

    1. All cancellations require a 14 day notice period.
    2. All cancellations will be liable for any fees due which fall within the 14 day notice period.
    3. In respect of Direct Debit Memberships, a $100.00 cancellation fee also applies for memberships that are cancelled during the Initial Commitment Period.
    4. In respect of cancellation of Paid in Full memberships, no refunds will be provided.

    Cancellations will take effect 14 days from completing the cancellation form online, and cancellations are not accepted verbally.

    IMPORTANT: Your membership cancellation will not be complete until authorised by NUsport Management and you have received written confirmation (outside of automated website response). It is the responsibility of the member to follow up any cancellation request. No refunds will be approved without proof of this confirmation.  Cancellation requests for memberships on Timestop will not be actioned until the Timestop has ceased and any minimum term requirement has been met. 

    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 patrons 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.

    2.5 Refunds

    All New Memberships, of three (3) months or more, are subject to a seven (7) day cooling-off period. During the cooling off period, You may cancel Your New Membership in the manner detailed at Clause 2.4 without penalty, less an administration charge (in accordance with the Fitness NSW Code of Practice). Your use of NUsport Managed Facilities or participation in 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.

    2.6 Transfer

    You can transfer your Membership of 12 months PIF or Direct Debit Option to a person nominated by You within the initial commitment period. Both parties need to be present at a NUsport Managed Facility to transfer the Membership. An administration fee will be payable by You or the incoming member at the time the Membership is transferred. The incoming member must meet the required membership eligibility and will be bound by the Terms & Conditions applicable to that membership for the remaining term duration. Membership eligibility, such as proof of concession or student enrolment, will be required.

    IMPORTANT: Your membership transfer will not be complete until the required paperwork has been authorised by NUsport Management and you have received written confirmation. It is the responsibility of the member to follow up the transfer request. No refunds will be approved without proof of this confirmation.

    2.7 Membership Suspension "Timestop"

    Memberships entitled to the Timestop benefit may be suspended by completing the Timestop Request form on the Website.

    NUsport may (in its absolute discretion) agree to suspend the operation of a Membership (called a 'Timestop') for Memberships of 12 months (either PIF or DD Option) for travel, medical or other personal circumstances.  In such circumstances, the initial commitment period of Your membership will be extended by the duration of the 'Timestop' granted.

    1. Timestop may be issued for a minimum of 2 weeks and a maximum of 12 weeks per 12 month membership cycle for members who hold an All Forum membership;
    2. Timestop may be issued for a minimum of 2 weeks and a maximum of 4 weeks per 12 month membership cycle for members who hold One Forum University or One Forum Harbourside membership;
    3. A Timestop is not an automatic right available to You and the maximum periods of Timestop do not accumulate over any 12 month membership cycle. It is at the discretion of Executive NUsport Management to approve Timestops outside of clause 2.6(1) and 2.6(2).

    To be eligible for Timestop, You:

    1. Must have a valid financial membership held in Your name;
    2. Must complete and submit a "Timestop Request" form found on the Website at least 14 days prior to the commencement of the Timestop period;
    3. May be required to provide NUsport with supporting documentation.

    In the event NUsport is required to close a NUsport Managed Facility, outside normal trading hours, for more than seven days in a row, Timestop may be available to affected members upon request. This request can be made by completing and submitting a Timestop Request form.

    2.8 Variations

    Members may request variations to 12 month PIF or Direct Debit Option Memberships.

    PIF memberships may be upgraded at any time however the following fees apply:

    1. Within 1 - 9 months of membership start date: the actual difference between the original membership fee and the new membership fee. There will be no change to the original end date of the membership (after any Timestop has been considered).
    2. Within 10 - 12 months of membership start date: a new 12 month membership will commence at the time of the upgrade, at the full value of the new membership. The unused term of the membership will be added onto the new membership as additional time.

    Direct Debit Option memberships may be upgraded at any time however a new Initial Commitment Period will commence from the date of the upgrade.

    3.0 Multi Visit Packages
    1. All Multi Visit Packages must be paid in full (PIF) at the point of purchase.
    2. No refunds apply to Multi Visit Packages.
    3. Multi Visit Package refers to the purchase 10 credits and receive one credit free.
    4. Valid for six (6) months from date of purchase or until the credits have been used, whichever comes first.
    5. Unused credits will be forfeited at the date of expiry.
    6. One package per person only. Entries cannot be used between multiple people.
    7. 10 Visit Swim Package only valid at The Forum, University for entry to the pool for lap swimming.
    8. 10 Visit All Forum Package valid at The Forum, University and The Forum, Harbourside for entry to the gym and/or pool and/or timetabled group fitness program, including SwimFit.
    9. 10 Visit Climbing Wall Package only valid at The Forum, University for entry to the Climbing Wall during opening hours.
    10. Timestop or any extension of expiry dates is not available on any Multi Visit Packages.
    4.0 NUsport Programs

    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, including Holiday Programs, where these courses have been cancelled by NUsport.  Any request for a refund must be made in writing to NUsport Management.

    Group 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.

    4.1 Personal Training Services
    1. NUsport may from time to time promote the availability of Personal Training services within NUsport Managed Facilities or as part of any NUsport Program and make an offer to introduce its Members to personal trainers.
    2. Unless otherwise expressly stated to the contrary, any Personal Training services are offered and undertaken by independent trainers not employed or engaged by NUsport.
    3. Any engagement of any personal trainer will be at the Your sole cost in addition to Your membership fees, and may be subject to additional terms and conditions governing the provision of those personal training services. You must ensure that you have read and understood any additional terms and conditions governing the provision of personal training services.
    4. Irrespective of any additional terms and conditions governing the provision of personal training services, You and Your personal trainer must at all times comply with this Agreement whilst ever You are attending any NUsport Managed Facility or participating in any NUsport Program, even where such attendance or participation is undertaken in conjunction with any personal training services, and to the extent of any inconsistency between this Agreement and any additional terms governing the provision of the personal training services, this Agreement applies.
    5. NUsport reserves the right in its absolute discretion to refuse entry or eject You or Your personal trainer from any NUsport Managed Facility where either of You or Your personal trainer are not complying with this Agreement.
    6. NUsport will at no time be liable for any cost, loss, damage, injury or expense (Claim) arising in any way as a direct or indirect result of Your engagement of a personal trainer or Your participation in or receipt of personal training services in or about any NUsport Managed Facility or as part of any NUsport Program including without limitation where NUsport refuses entry or expels You or Your personal trainer pursuant to the preceding subclause, and You release NUsport absolutely and hold it harmless from any liability arising from any such Claim, except only to the extent that such Claim is caused directly by the negligence of NUsport.
    4.2 Special Population Services

    NUsport delivers Programs to support special populations from time to time. These special population programs are developed by NUsport around the needs of and in conjunction with individuals or groups. Conditions pertaining to these programs are developed per request and detailed in individual booking confirmations.

    NUsport reserves the right to restrict access to, or participation in, any special population services or program in its absolute discretion.

    Any booking or participation fees or costs for the special population services or programs will be payable by You in addition to Your membership fees. Those costs will be confirmed by NUsport, and will be payable by You in full, prior to commencement of the special population service or program.

    4.3 Allied Health Services

    NUsport delivers Allied Health Services inclusive of Exercise Physiology and Dietitian.

    Payment of Fees

    1. Allied Health sessions can be paid for:
      1. Upfront in full, per session delivered (in advance), or
      2. Using an existing Allied Health Package.

    Cancellations

    1. If you are unable to attend a session, you must provide 24 hours notice by contacting your trainer or a NUsport Member Relations Consultant at the relevant NUsport Managed Facility. Any notice of less than 24 hours will result in forfeiture of payment for the full session.
    2. 2.To be eligible for a replacement session, you must show a medical certificate.
    4.4 UON Staff Active Training Membership
    1. UON Staff Active Training Membership must be paid by equal fortnightly instalments, payable in advance (via direct debit).
    2. NUsport engages Ezypay to manage Direct Debit payments. At membership sign up, You must agree to the Ezypay Terms & Conditions which can be found at www.ezypay.com.au. You must ensure that you review and understand those terms and conditions at the commencement of this Agreement and from time to time.
    3. Any failed direct debits will incur a dishonour fee invoked by Ezypay. NUsport will attempt to debit You no more than two times where a failed payment occurs and will not be liable for any fees or other costs that You may incur as a result of any failed payment or attempt to process a direct debit payment by or on behalf of NUsport.
    4. Your UON Staff Active Training Direct Debit membership is an ongoing agreement that will continue on a fortnightly basis unless expressly cancelled by You in accordance with the following:
      1. All cancellations require a 30 day notice period.
      2. All cancellations will be liable for any fees due which fall within the 30 day notice period.
    5. The fortnightly Direct Debit amount will align with the applicable membership fee at the time of debit. In the circumstance that membership fees increase, we will notify you with a minimum 14 days notice of any change to your membership fee and the date from which the change will apply. Notification will be in writing to the supplied email address.
    6. If You fail to make payment of any amount owing to NUsport in accordance with this Agreement, Your access to NUsport Managed Facilities and participation in NUsport Programs will be suspended until such time as full payment is made.
    7. You are eligible to Timestop for a minimum of 2 weeks and a maximum of 12 weeks per 12 month membership cycle. To be eligible for Timestop, You:
      1. must complete and submit a "Timestop Request" form found on the Website at least 14 days prior to the commencement of the Timestop period;
      2. may be required to provide NUsport with supporting documentation.

    In the event NUsport is required to close a NUsport Managed Facility, outside normal trading hours, for more than seven days in a row, Timestop may be available to affected members upon request. This request can be made by completing a Timestop Request form.

    4.5 Childminding Services  
    1. Childminding Services can be paid for upfront per session, or by purchasing a PIF or Direct Debit Option membership that allows access to the Childminding Services at The Forum, University and The Forum, Harbourside.
    2. Children with infectious conditions including but not limited to, chicken pox, mumps, measles, gastroenteritis, conjunctivitis, diarrhoea, head lice, green runny nose and vomiting, will not be accepted into Childminding. You must ensure that Your child does not attend any NUsport Managed Facility while suffering any such or similar conditions.
    3. If your child has visible signs of infectious conditions including but not limited to those listed in the point above, for the consideration of other children, they will not be accepted into Childminding until all of the infection has cleared up and Your child has not shown any symptoms of the infection for a minimum of 48 hours.
    4. If your child has been unable to attend school / pre school (or similar) within the past 48 hours due to illness, for the consideration of other children, they will not be accepted into Childminding and You must ensure that Your child does not attend any NUsport Managed Facility.
    5. If Your child is not yet mobile, NUsport requests that You provide a pram or stroller for Your child.
    6. 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. Your child will only be offered the snacks and refreshments that You provide.
    7. All property must be clearly named. You must provide any necessary toilet provisions such as nappies, wipes and / or change of clothing.
    8. You must remain on the relevant NUsport Managed Facility and be contactable at all times whilst Your child / children are utilsing the Childminding Services.
    9. 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 You or Your child's use of or participation in the Childminding Services.
    10. 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, excepting only any such loss or damage that is caused by the negligence of NUsport.
    11. Childminding Services are for a maximum of two (2) hours per child per session. You must collect Your child prior to the expiration of this period. NUsport will charge and You will be liable to pay additional fees (at the current rate per session) for each hour (or part thereof) that Your child remains in the Childminding Service exceeding 2 hours, irrespective of whether Childminding Services are included in Your membership.
    12. Children can attend Childminding from their first immunisation.
    13. Childminding Services are available at The Forum, University and The Forum, Harbourside for specific times during the week.  These times are to be strictly adhered to and can be found on the Website.  It is Your responsibility to look after Your children outside these times.
    4.6 Swim Academy
    4.6.A Blue Squad - Payment of fees
    1. For enrolment in the Blue Squad levels of The Forum Swim Academy, you must sign up on an ongoing Blue Direct Debit Membership and pay your fees by equal fortnightly instalments, payable in advance.
    2. NUsport engages Ezypay to manage Direct Debit payments. At membership sign up, You must agree to the Ezypay Terms & Conditions which can be found at www.ezypay.com.au. You must ensure that you review and understand those terms and conditions at the commencement of this Agreement and from time to time.
    3. Any failed direct debits will incur a dishonour fee invoked by Ezypay. NUsport will attempt to debit You no more than two times where a failed payment occurs and will not be liable for any fees or other costs that You may incur as a result of any failed payment or attempt to process a direct debit payment by or on behalf of NUsport.
    4. Your Blue Direct Debit membership is an ongoing agreement that will continue on a fortnightly basis unless expressly cancelled by You in accordance with sub-clause (4.6.C) of this Agreement. The fortnightly Direct Debit amount will align with the applicable membership fee at the time of debit. In the circumstance that membership fees increase, we will notify you with a minimum 14 days notice of any change to your membership fee and the date from which the change will apply. Notification will be in writing to the supplied email address.
    5. If You fail to make payment of any amount owing to NUsport in accordance with this Agreement, Your access to NUsport Managed Facilities and participation in NUsport Programs will be suspended until such time as full payment is made.
    4.6.B Yellow & Red – Payment of fees
    1. The Yellow and Red stages in the Swim Academy are delivered on a term basis. To confirm Your child’s booking in the Swim Academy, You must enrol Your child either online or at reception of the relevant NUsport Managed Facility during enrolment period and provide payment in full. Enrolments can be made throughout the term and payment will be pro-rata accordingly.
    2. NUsport engages Ezypay to manage Online payments and you will be required to agree to the Ezypay terms and conditions at time of payment which can be found at www.ezypay.com.au You must ensure that you review and understand those terms and conditions at the commencement of this Agreement and from time to time.
    3. Private Swim Lessons must be paid in full upon booking, in advance. No refunds will be issued for cancellation of Private Swim Lessons. Private Swim Lessons cancelled within the notice period as outlined in clause 4.6.C below will be credited, with a validity of 6 months, only once written notice of the cancellation is received. All cancellations made outside of the notice period will not be credited unless accompanied by a medical certificate.
    4.6.C Cancellations
    1. If You (Your Child) are unable to attend a lesson (including a Private Lesson), You must provide minimum 2 hours notice by contacting a NUsport Member Relations Consultant at The Forum.
    2. Once the required notice period has been given:
      1. Make up lessons for Blue 1 & 2 once and twice per week members can be completed in any of the available morning sessions during the term. There is no limit to the number of make up lessons that can be taken.
      2. Make up lessons do not apply to Blue Target & Performance Squads as You are eligible to attend unlimited sessions.
      3. For Yellow & Red lessons where attendance cannot be made due to sickness and required notice has been given, a maximum of one make-up lesson per term will be granted. Make-up lessons must be redeemed within the same term, but cannot be booked more than 7 days in advance, and are only redeemable based on class availability. Where no class availability is feasible for the make up lesson, You will forfeit that lesson. Where required notice has not been given, no make-up will be granted and that lesson will be forfeited.
      4. If less than the required notice is given (as outlined above) You will be required to show a medical certificate to be eligible for a make-up lesson, subject to the approval of the Swim Academy Manager.
      5. If You cancel a make-up lesson, You will forfeit that lesson.
    3. If You wish to cancel your Blue Squad membership / enrolment you must submit a Cancellation Request online via the Website.
      1. All cancellations require a 14 day notice period.
      2. All cancellations will be liable for any fees due which fall within the 14 day notice period.
      3. Cancellations will take effect 14 days from completing the online cancellation form available on the Website. Cancellations are not accepted verbally.
    4. Any request for a refund of Swim Academy fees must be made in writing, addressed to the Swim Academy Manager and accompanied by a medical certificate. An administration fee will apply for each application for a refund. NUsport may (in NUsport's absolute discretion) provide You with a refund or a credit note. Any credit notes issued will have an expiry of 6 months.

    IMPORTANT: Your membership cancellation will not be complete until the required paperwork has been authorised by NUsport Management and you have received confirmation (outside of automated website response). It is the responsibility of the member to follow up any cancellation request. No refunds will be approved without proof of this confirmation.

     

    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 patrons 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.

    4.6.D Timestop
    1. NUsport may (in its absolute discretion) agree to suspend the operation of a Swim Academy Membership (called a 'Timestop') for Memberships paid by Direct Debit for travel, medical or other personal circumstances.
    2. Timestop may be issued for a minimum of 2 weeks and a maximum of 12 weeks for any Blue Squad membership enrolment.
    3. Timestops are not authorised for periods where You are participating in Coach supported Swim Meets.
    4. A Timestop is not an automatic right available to You and does not accumulate across membership terms. It is at the discretion of the Swim Academy Manager to approve Timestops outside of sub-clause (4.6.D.2).
    5. To be eligible for Timestop, You:
      1. must complete and submit the "Timestop Request" form found on the Website at least 14 days prior to the commencement of the Timestop period;
      2. may be required to provide NUsport with supporting documentation.

      In the event NUsport is required to close a NUsport Managed Facility, outside normal trading hours, for more than seven days in a row, Timestop may be available to affected Swim Academy members upon request. This request can be made by completing a Timestop Request form.

    4.7 Sports Competitions
    1. If You have been drawn to play in a Sporting Competition in any part of a NUsport Managed Facility (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 Member Relations Consultant at the relevant NUsport Managed Facility.
    2. Cancellations of less than 24 hours notice will incur a forfeit fee. This fee is to be paid on arrival at the next game/competition or on written demand made by NUsport, whichever occurs first.
    3. All applicable fees are to be paid in full prior to commencement of game.
    4. Fees are available on the Website and are subject to change in the discretion of NUsport.

    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 on 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. In the event Your team is removed, fees will not be refunded.

    4.8 School Sport
    1. Booking requests must be submitted no later than six (6) weeks prior to booking commencement. This is to include a request of classes and venues required. A booking confirmation will follow once instructors and facilities have been confirmed subject to availability.
    2. Final numbers are required four (4) weeks before the confirmed booking commences. This list of participants must include any medical conditions and individual special needs that may apply to students.
    3. Instructor to participant ratios will be based on confirmed numbers provided to NUsport.
    4. You must provide NUsport with at least 14 days notice of any cancellation of school sport bookings (this includes individual sessions).
    5. Failure to provide 14 days notice (but not less than 7 days) will incur a cancellation fee of 50% of the booking fee as quoted in the confirmation. Notice of cancellation given less than 7 days before the booking will incur a fee equivalent to 100% of the booking fee.
    6. Payment of School Sport programs are processed in arrears via a monthly invoice, unless the booking confirmation states otherwise.
    7. For Group Fitness / Circuit / Splash Zone Activity Bookings: All schools will be invoiced for the minimum number of twenty (20) participants per session on a monthly basis. School Groups must then confirm weekly attendance numbers each week, which will be added to the monthly invoice. Failure to provide attendance numbers will result in the school being invoiced for the maximum number as confirmed 4 weeks prior to the school sport  activity commencing.
    8. For Swim and Survive / Bronze Star Classes invoices will be generated based on the final numbers confirmed 4 weeks prior to booking commencement. There will be no adjustment to numbers on a week to week basis.
     4.9 Parties
    1. ALL children MUST complete a Swim Test in order to participate on the Splash Zone. This consists of completing a 15m swim in a recognisable stroke. The final decision will be made by the lifeguard on duty as to whether children have passed the swim test
    2. Children who do not pass the swim test will be permitted to have free pool entry to swim under parent/guardian supervision but will not be allowed on the Splash Zone.
    3. Parents / Guardians are to gather and wait at Main Reception / seated foyer area of The Forum, University. The Party Host will collect the party group within 5 minutes of the party start time. Under no circumstances are parents / guardians permitted to enter the aquatics area prior to this time unless arrangements have been made with the Venue Hire Coordinator / Assistance in advance.
    4. Flotation devices are strictly prohibited for use on the Splash Zone as they are a safety hazard.
    5. Final numbers must be confirmed by the Tuesday prior to the party.
    6. The cost for a Splash Zone party is $250.00 per party with a maximum 20 participants.
    7. Splash Zone 1 (Deep End) caters for ages 8+ years.
    8. Splash Zone 2 (Shallow End) caters for ages 6+ years.
    9. A parent / guardian is to be present at all times for the duration of parties. Parents and children are expected to adhere to NUsport rules and staff directions. Staff reserve the right to exclude participants from activities if they do not comply as requested.
    10. Children participating in party activities will be issued with wrist bands by the Party Host. These are to be worn for the duration of the party. Any child not wearing a wrist band will not be allowed to participate in party activities.
    11. Party includes exclusive use of activity / equipment booked for the time specified. There is 1 hour 15 minutes of facilitated activity on the Splash Zone and 45 minutes in the provided party space.
    12. All Party Space arrangements, such as catering and birthday cake, are not included in the party booking. Limited fridge space is available to store a birthday cake. All other food storage is the responsibility of the parent / guardians.
    13. Tables and chairs will be provided based on the number of confirmed participants.
    14. Party Space bookings have a strict time limit of 45 minutes and you must leave at your allocated finishing time. Your party group is welcome to utilise the grandstand and children can continue swimming in the public lane space.
    15. Full Payment is required prior to the commencement of the party.
    16. A $50.00 cleaning fee may be charged if a Party Space is left in a state that requires additional cleaning.
    17. A $50.00 cancellation fee applies to confirmed bookings that do not give the required 24hr notice of cancellation.
    18. Online party bookings are subject to our Ezypay Terms and Conditions www.ezypay.com.au.
    5.0 Hiring of NUsport Facilities / Programs and Services
    5.1 On Site
    1. 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. This notification must be received in writing.
    2. If You fail to attend a booking and do not provide 24 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) for the following facilities; Indoor Courts, Studios, Squash Courts, Aquatic Lane Hire, Oval Hire, High Performance Gym and Climbing Wall.
    3. 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's absolute discretion, inappropriate or unsuitable in anyway whatsoever.
    4. You will be solely responsible for the supervision, control and behaviour of your officers, employees, agents, players and spectators while using the Hire Equipment.
    5. NUsport will consider its programs and activities when confirming any hire request.  Specific conditions may apply to any hiring confirmation.  It is Your responsibility to understand and adhere to these specific conditions.
    6. You acknowledge and agree that:
      1. Before hiring the Hire Equipment You inspected the Hire Equipment and are satisfied that it is fit for the purpose for which You are hiring;
      2. Neither NUsport nor the University warrants that the Hire Equipment is fit for the hiring purpose;
      3. 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;
      4. You must ensure that any anti-discrimination and anti-vilification policies of the University and NUsport are complied with at all times; and
      5. You must not use the Hire Equipment in a way that may bring the University or NUsport into disrepute.
    7. NUsport Managed Facilities are alcohol free zones and You must ensure that no alcohol is consumed in these areas during Your use. Where expressly authorised in writing by NUsport, 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 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 to the sale or supply of alcohol.
    8. You release NUsport from any Claim suffered or incurred by You as a direct or indirect result of your use of the Hire Equipment including without limitation your failure to obtain or comply with any liquor licence, permit or other approval of any relevant authority prior to operating Your event at a NUsport Managed Facility.
    9. 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 a 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.
    10. The Hirer will be solely responsible to communicate scheduled facility closures to its officers, employees, agents and players. Where the Hirer fails to communicate scheduled facility closures as advised by NUsport or as noted on The Forum website www.theforum.org.au and utilise NUsport facilities during closures an additional charge of $300.00 (ex GST) per infringement will be issued.
    11. NUsport reserves the right to close ovals at any time before or during the booked period. The Hirer is required to comply with any decision made or direction given by NUsport. If it has rained overnight or it is raining during the morning of any scheduled use, it is the Hirer's responsibility to check with NUsport or visit The Forum's website to ascertain availability of ovals.
    12. Other than guide dogs, You must not allow any animal to be brought onto NUsport Managed Facilities.
    13. You must not bring or allow any person to bring into NUsport Managed Facilities any explosive or flammable liquids, corrosive chemicals, dangerous goods or other like hazardous substances.
    14. You will ensure that all members of Your booking 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 and Squash courts. You acknowledge that football boots are not to be worn indoors of any NUsport Managed Facility.
    15. All keys (for access to Hire Equipment) are to be signed our 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 the confirmed booking time.  Keys must be returned within 15 minutes of the conslusion of the confirmed booking time. If the keys are not returned within these specified times, additional charges will apply.
    5.2 Off Site
    1. 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 14 days (but more than 1 week) of the booking will incur an administration fee equivalent to 50% of the booking fee. Notice of cancellation given less than a week before the booking will incur a fee equivalent to 100% of the booking fee.
    5.3 Equipment Hire

    You may hire equipment from NUsport if NUsport agrees (and subject to availability) only if You:

    1. Provide NUsport with the information/details required by NUsport;
    2. Pay the applicable fee as and when required by NUsport; and
    3. Where if requested by NUsport, pay a security deposit or provide a suitable form of identification as requested by NUsport.
    4. Agree to meet all reasonable replacement costs if the hired equipment is not returned to NUsport on the date specified by NUsport and in the same condition the hire equipment is in 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.
    6.0 General
    6.1 Trading Hours

    Normal trading hours for The Forum, University and The Forum, Harbourside* are:

    1. Monday to Friday 5:30am to 10:00pm
    2. Saturday and Sunday 7:00am to 9:00pm (*Harbourside trading hours 7:00am to 7:00pm)
    3. Hours are subject to change without notice and NUsport will endeavour to notify members through online tools such as the Website, Facebook and Twitter, which will serve as reasonable notification to You of any changes to trading hours etc.
    4. Trading hours of other NUsport Managed Facilities vary from time to time and can be found on The Forum Website.
    5. NUsport is closed New Years Day, Good Friday, Christmas Day and Boxing Day.
    6.2 Rights and Risks of Admission and Facility Usage

    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 security purposes, to be held in NUsport's database. No entry will be allowed into a NUsport Managed facility within 30 minutes of closing of that facility. You acknowledge and agree that:

    1. You must not use NUsport Managed Facilities or participate in NUsport Programs if such use or participation will adversely affect your physical or mental wellbeing;
    2. NUsport is in no way responsible for determining whether you are physically or mentally able to use NUsport Managed Facilities or participate in NUsport Programs;
    3. You have made the necessary enquiries and received the necessary medical advice to ensure Your use of NUsport Managed Facilities and participation in NUsport Programs will not in any way whatsoever adversely affect Your health or wellbeing (physical or other);
    4. You will use NUsport Managed Facilities and participate in NUsport Programs at Your own risk;
    5. You must conduct Yourself in accordance with NUsport's policies and procedures, copies of which are displayed at NUsport Managed Facilities and are available on request;
    6. When using the indoor multi-purpose courts, through a "confirmed booking", at The Forum, University, for any activity other than a professional event, the practice level lights only will be turned on.  This includes but is not limited to team training, casual court hire etc;
    7. All Forum members are eligible to use the indoor multi-purpose courts when not in use by a pre-paid hirer "confirmed booking". NUsport staff reserve the right to refuse access to court lights if there is no "confirmed booking" by the member.
    8. You will adhere to the guidelines outlined within the Kids in Gyms document prescribed by NSW Department of Tourism, Sport & Recreation;
    9. 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 NUsport Managed Facilities or participation in NUsport Programs;
    10. NUsport staff reserve the right to refuse access to any NUsport Program and or Childminding Service if they deem the child to be unwell;
    11. NUsport can cancel Your membership without warning if You behave in a way that is risky or seriously inappropriate, such as:
      1. threatening or harassing others,
      2. damaging equipment,
      3. using illegal or performance-enhancing drugs, or
      4. providing instruction to other members where you are not authorised by NUsport to do so.
    12. Cameras and videos are not permitted in NUsport Managed Facilities unless permission has been given by NUsport Executive Management.
    13. NUsport may sometimes film or photograph NUsport Managed Facilities.  It is possible You may appear in the background.  By accepting these Terms & Conditions, You agree to allow NUsport to use your image in promotional and other business related material, including but not limited to social media channels and NUsport website.
    14. Lockers are provided for storage of valuables at The Forum facilities.
      1. This is a complimentary service for all members of The Forum, however all members require a $2.00 coin to access lockers, which will be refunded once locker key is returned.
      2. NUsport takes no responsibility for items lost or damaged through theft or misplacement.
      3. A $2.00 coin is placed in the coin-lock mechanism and a locker key is issued.
      4. The locker key remains the responsibility of the person utilising the locker until the key is returned.
      5. In the event of a lost or damaged locker key, the responsible party will be liable for a Locker Key Replacement Fee of $20.00.
      6. The Locker Key Replacement Fee is charged at the point of time the key is reported lost or damaged.  Lockers will not be accessed by any staff until this fee is paid.
      When using NUsport Managed Facilities or participating in NUsport Programs, You must:
      1. Wear suitable attire and enclosed footwear at all times (eg. exercise shorts, singlets, active wear etc);
      2. Not wear clothing bearing offensive images or inappropriate advertising;
      3. Bring and use sweat towels (which are compulsory);
      4. Consider personal hygiene, that is, wear deodorant and be aware of your own body odour;
      5. Not bring food, chewing gum, cans / glass bottles on to NUsport Managed Facilities;
      6. Not, under any circumstances, bring substances which are (or potentially) explosive or flammable liquids, corrosive chemicals, dangerous goods or in any way hazardous in or around NUsport Managed Facilities;
      7. Advise a NUsport Instructor of any injury or potential injury and, if You are pregnant, of that pregnancy; and
      8. Ensure that You exercise with caution at all times (particularly in extreme weather conditions).
    6.3 Indemnity and Liability
    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:
      1. Your Membership;
      2. Your entry into or use of a NUsport Managed Facility;
      3. Your participation in any NUsport Programs;
      4. 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.
    2. Except as provided in this Agreement (and to the extent permitted by law), NUsport makes no warranties (express or implied) in respect of NUsport Managed Facilities, NUsport Programs or your use of or participation in the same.
    3. NUsport does not hold licences for APRA and PPCA on behalf of hirers / contractors. It is the sole responsibility of the hirer / contractor to ensure that any music required for use at any NUsport Managed Facility is covered under their own licence agreements held with, but not limited to APRA and PPCA.
    4. 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:
      1. Software; or
      2. 2.Any unauthorised, fraudulent or negligent use of the Software.
    6.4 Retail
    1. In respect to purchase of goods from The Forum Retail Store, no refunds will be provided if You change your mind. Return and refund of faulty goods will be made in accordance with the Australian Consumer Law. You must return any goods for which you require an exchange or refund to the Forum Retail Store in original condition and with all tags intact.
    2. In respect to sale items, no refunds or exchanges are permitted, subject always to any provisions of any relevant law that cannot be excluded.
    6.5 University Parking Permits

    University parking permits are available to eligible 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.  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 and 16 (as marked) and must be displayed on vehicles at all times while parked in these car parks.  The permit allows you to park for a maximum of 2 hours.  The costs for a Parking Permit are located on the Website.

    7.0 Promotions and Specials

    The following terms apply to the below 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 days)
    1. Complimentary 1 day passes may be given to prospects and / or the general public at the discretion of NUsport and are limited to a maximum 3 passes per person in any 12 month period.  The person redeeming the complimentary pass cannot have held a membership to The Forum in the previous 12 months.
    2. Complimentary 7 day memberships may be given to prospects and / or the general public at the discretion of NUsport and are limited to one pass per person in any 12 month period.  The person redeeming the complimentary pass cannot have held a membership to The Forum in the previous 12 months.
    3. The Complimentary 7 Day membership 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.
    4. 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; and any blockout periods).
    5. Complimentary Passes can only be redeemed by guests 16 years and over and in person with a Member Relations Consultant at a NUsport Managed Facility. The guest may choose the NUsport Managed Facility at which they redeem the Complimentary Pass.
    6. Facility tour, photo ID and enrolment form must be completed prior to use.
    7. UON students are not eligible for a Complimentary 7 day membership.
    7.2 Complimentary Memberships or Passes (Gifts, Donations, Prizes or Membership Offers)
    1. Any membership and / or package that has been received through a donation, sponsorship, prize or membership offer:
      1.  must be redeemed within the time frame stated on the voucher, flyer or offer.
      2.  is not exchangeable, refundable or redeemable for cash.
      3.  has no additional benefits included such as Timestop or upgrades.
      4.  cannot be transferred to another party.

      If a financial membership is purchased in conjunction with a complimentary membership offer, the complimentary membership must be redeemed first, followed by the financial membership.

    2. All existing members must complete the initial term of their current membership before the new complimentary membership can commence.
    7.3 Membership Inclusions (12 month PIF or Ongoing Direct Debit Option)

    All financial Forum members, with a 12 month PIF membership or ongoing Direct Debit Option contract, have access to a number of inclusions within their membership. NUsport reserves the right to suspend or terminate these inclusions at any time. Membership inclusions can be viewed on the Website.