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7-Day Challenge Pass  

Terms & Conditions AND CONDITIONS


The use of a 7 Day Pass (7DP) is conditional on the user confirming that the user has read and agreed to this statement and the Terms & Conditions

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY. BY USING A 7DP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.

7-Day Pass

1. Upon using a 7DP you will become a casual user of Melbourne Sports & Aquatic Centre Gym/Fitness Centre, Aquatics facilities, Wellness Zone and Group Fitness Classes (MSAC), which is owned and operated by the State Sport Centres Trust (SSCT). These terms and conditions (Terms) and any other terms and conditions of entry to MSAC comprise a contract between you and SSCT which is necessary and reasonable for offering access to MSAC’s facilities and services. You acknowledge that you will be bound by and agree to comply with such rules, terms and conditions as may be imposed by SSCT with respect to the conduct and management of MSAC as amended from time to time. You agree to follow any rules and/or directions set by SSCT in connection with MSAC and you understand that if you fail to comply with any such rules or directions you will not be permitted to access MSAC’s facilities and services.

Term

2. This is strictly a 7 consecutive day casual access pass. Commencing on the day of sign up (as agreed by yourself and our gym staff) and concluding close of business on the seventh day from the date of sign up.

The pass is only available to non-members (current member holders) and can only be redeemed once.

Change of Rules/Terms & Conditions

3. This 7DP is not transferable and cannot be redeemed for cash.

Suspension

4. There is no suspension available on this 7DP.

Risk Warning and Waiver

5. Your participation in the recreational activities supplied by SSCT may involve risks which can result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By using a 7DP, you acknowledge, agree, and understand that participation in the recreational services provided by SSCT may involve risk. You agree and undertake any such risk voluntarily and at your own risk.

Waiver

6. A supplier of recreational services or recreational activities may ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).

7. If you use a 7DP, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as follows:

 For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

8. By using a 7DP, you agree that the liability of SSCT in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; 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: that is or may be harmful or disadvantageous to you or the community; that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services to which the Australian Consumer Law (Victoria) applies:

 Warning under the Australian Consumer Law and Fair Trading Act 2012:

9. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, SSCT, are required to ensure that the recreational services supplied 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 the supplier; and

iii. Might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you use a 7DP, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these terms and conditions.

Note: The change to your rights, as set out in these terms and conditions, does not apply if your death or injury is due to gross negligence on the supplier’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 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Exclusion of rights under the Australian Consumer Law (Victoria):

10.By using a 7DP, you agree that the liability of SSCT for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.

Release & Indemnity

11. In consideration of SSCT allowing you access to MSAC, you, to the extent permitted by law:

(a) release and forever discharge SSCT from all Claims that you may have or may have had but for this release arising from or in connection with your use of MSAC; and

(b) release and indemnify SSCT against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by SSCT or in any other manner whatsoever; and

(c) indemnify and will keep indemnified and hold harmless SSCT to the extent permitted by law in respect of any Claim by any person:

i. arising as a result of or in connection with your use of MSAC; and

ii. against SSCT in respect of any injury, loss or damage

arising out of or in connection with your failure to comply with SSCT’s rules and/or directions,

  save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of SSCT.

Insurance

12. You acknowledge and agree that SSCT has arranged some limited insurance coverage (public liability). However, you acknowledge and agree that the insurance taken out by SSCT may not provide full indemnity for loss, damage or injury that you may suffer during your use of MSAC’s facilities or services and that you may have to pay the excess if a Claim is made on your behalf. You agree that your own insurance arrangements are ultimately your own responsibility and you will arrange any additional coverage at your expense after taking into account SSCT’s insurance arrangements and your own circumstances.

Disclosure of Medical Conditions

13. You warrant that prior to utilising MSAC’s facilities and services you:

(a) are and must continue to be medically and physically fit and able to utilise MSAC’s facilities and services;

(b) are not a danger to yourself or to the health and safety of others; and

(c) are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to utilise MSAC’s facilities and services.

  You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage. You acknowledge that the SSCT relies on information provided by you and that all such information is accurate and complete. You agree to report any accidents, injuries, loss or damage you suffer during use of MSAC’s facilities and services to MSAC before you leave MSAC.

Exclusion of Applicant

14. You warrant that you have not at any time been excluded from participating in recreational activities by a medical practitioner or any person or entity including SSCT. You acknowledge and agree that MSAC and/or SSCT may demand a medical certificate or opinion as to your fitness from a qualified medical practitioner PRIOR to your use of MSAC’s facilities or services.

Safety

15. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your use of MSAC’s facilities or services, and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by MSAC and/or SSCT in connection with use of MSAC’s facilities or services. If you fail to comply with MSAC and/or SSCT’s rules and/or directions, you will not be permitted to use or to continue to use MSAC’s facilities or services and no refund will be given. If you suffer any injury or illness, you agree that

SSCT may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these Terms constitutes your consent to such evacuation, first aid and/or medical treatment.

Governing Law

16. The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’). You irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the Jurisdiction and waive any right to object to the exercise of such Jurisdiction.

Use of Image

17. You acknowledge and consent to photographs and electronic images being taken of you during your use of MSAC’s facilities or services. You acknowledge and agree that such photographs and electronic images are owned by SSCT and SSCT may use the photographs for promotional or other purposes without your further consent being necessary and without acknowledgement of you and without you being entitled to any remuneration or compensation now or in the future.

Privacy

18. You understand that the personal information you provide in order to receive and use a 7DP is necessary for the provision of MSAC’s facilities and services, and that it is collected in accordance with SSCT’s Privacy Policy (available from www.melbournesportshub. com.au). You acknowledge that SSCT may use or disclose your personal information for the purposes of providing you with venue information, services or promotional material or otherwise in accordance with SSCT’s Privacy Policy. SSCT may share your information with companies engaged by SSCT to carry out functions and activities on SSCT’s behalf including direct marketing, SSCT’s professional advisers, including accountants, auditors, lawyers and insurers; however your information is not generally disclosed to anyone outside Australia. You understand that the SSCT Privacy Policy contains information about how you may access and request correction of your personal information held by SSCT or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by SSCT. You acknowledge that your use of a 7DP may be refused if the information is not provided. If you do not wish to receive promotional material from SSCT’s sponsors and third parties you must advise SSCT in writing or via the opt-out procedures provided in the relevant communication. It is your responsibility to read and understand the Privacy Policy of SSCT. You understand that if you have any concern or complaint about the way SSCT handles your personal information, you must contact SSCT.

Entire agreement

19. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to your 7DP and supersedes all other agreements, understandings and representations and negotiations with SSCT in relation to MSAC’s services and facilities. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the Terms.

Statement of Understanding

20. You have read, or have had read to you, the above conditions and having understood the same, you consent to the activities proposed.

General conditions of entry

21. Access to the Fitness Centre, which also requires induction before use, Wellness Zone, deep water pools, spas, sauna,

steam room and all Group Fitness classes is limited to adults aged 16 and over only. All users must hold a valid 7DP card with them at all times when using MSAC’s facilities. 7DP’s are strictly not transferable. All members agree to comply with and be bound by MSAC’s Conditions of Entry, which are displayed as you enter the centre.

Fitness Centre change rooms & lockers

22. Members lockers are not included in the 7DP and cannot be purchased. Change rooms are available for use. Lockers are available for hire in the aquatic area.

Lost property

23. While efforts are made to ensure the safety of users personal belongings, SSCT takes no responsibility for your personal belongings. You agree that at all times you are responsible for your equipment and personal belongings.

Car parking access

24. Car parking is not inclusive in the 7DP. Public parking fees will be applied. The first hour of parking is free, then signed pricing is effective thereafter. Car parking access is subject to availability. During major events it is likely that car parks will be even more limited.

Facility access

25. Facility access is subject to change and availability at SSCT’s absolute discretion without notice. During major events, users may have limited access to facilities including pools, classes and other products and services. SSCT does not offer any compensation to members or users in such instances.