Terms & Conditions
View the different terms and conditions that operate throughout the centre.
In this membership Agreement
1.1 “You’ or the “Customer” or “Member” means you, as the member, as specified on the Membership Application form: the person or party signing this Contract.
1.2 “Us”, “We”, “Facility” or “Centre” means the Ballarat Aquatic and Lifestyle Centre, Gillies Street North, Lake Gardens, Victoria 3355, phone 5334 2499, email email@example.com.
1.3 We operate the Facilty
1.4 The “City of Ballarat” is the managing organisation.
1.5 All communication relating to this contract is to be sent directly to Ballarat Aquatic and Lifestyle Centre.
1.6 This Membership Agreement includes the Membership Details, Membership Terms and Conditions and Third-Party Service Agreements
1.7 Memberships are not transferrable. Use of the BALC facilities is restricted to parties listed in the membership agreement.
2.1 The City of Ballarat will debit your nominated account for the amount and frequency of payments in advance as agreed on the Ballarat Aquatic and Lifestyle Centre Membership Agreement Form signed and accepted by you, or any later amendment to the amount and frequency of payment that is accepted by you.
2.2 If the nominated day of your debit falls on a public holiday or weekend, The City of Ballarat will debit your account on the next business day. It is your responsibility to have clear funds in your account on the due date of the direct debit.
2.3 By signing this Contract, you are agreeing to pay the instalment amount and the agreed payment frequency until this Contract is terminated in accordance with clause 6 below.
2.4 It is your responsibility to advise us if the account nominated by you for Ballarat Aquatic and Lifestyle Centre Direct Debit drawings is transferred or closed.
2.5 It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the Ballarat Aquatic and Lifestyle Centre Direct Debit drawing.
3. CONCESSION MEMBERSHIPS
3.1 Concession discount is available for Gold and Aquatic memberships, upon presentation of an appropriate concession card or full-time student card. Full details of accepted concession cards can be obtained from the Centre.
3.2 Holders of concession memberships are required to present current evidence of concession status at reception on their first visit to the Centre.
3.3 Failure to provide updated concession information will result in the membership automatically reverting to the appropriate non- discounted price.
4. SUSPENSION FOR MEMBERSHIPS
4.1 Memberships, with the exception of Healthy Kids Swimming and Gymnastics memberships may be suspended for a minimum of one week and up to a maximum of twelve weeks (90 days) per calendar year – providing that all fees due are up to date.
4.2 A request must be lodged by completing the Online Suspension Application Form located under the Members tab on the Ballarat Aquatic and Lifestyle Centre website.
4.3 All requests must be lodged a minimum of three days prior to the start date of suspension and the first proposed non/reduced payment date.
4.4 At the conclusion of a suspension period, you will not be notified and your membership will automatically recommence.
4.5 No refund will be provided if you choose to cancel your direct debit membership while your membership is suspended.
5. SUSPENSION FOR HEALTHY KIDS SWIMMING AND GYMNASTICS LESSONS
5.1 Healthy Kids Swimming and Gymnastics memberships may only be suspended in January for a set suspension period each year at no charge.
5.2 Suspensions outside of the set suspension period are available for medical reasons only, by completing a Online Suspension Application Form.
5.3 A valid medical certificate that covers all the requested dates of suspension must be presented at the time of lodgment.
5.4 Direct debit for Healthy Kids memberships are ongoing. If you do not wish to continue, Healthy Kids memberships and can be cancelled at any time, allowing two weeks’ notice by completing an Online Cancellation Form.
6.1 The customer may cancel this Contract by completing an Online Cancellation Form provided that all outstanding fees due at time of cancellation are paid in full.
6.2 A minimum notice period of 14 days must be given prior to the next payment day if that payment is to be stopped; otherwise, the next membership payment will be deducted in full.
6.3 The Customer will be entitled to their normal access to the Centre until the end of the payment period that follows the final payment.
6.4 We reserve the right to cancel this arrangement if two or more drawings are returned unpaid by your nominated Financial Institution.
7. DISHONORED PAYMENTS
7.1 Should your payment be dishonored, you will be notified by SMS.
7.2 Any outstanding amounts are to be paid in person at reception or online via the membership portal.
7.3 Access to the Centre’s facilities will be denied until outstanding amounts are paid in full.
7.4 In the event of payments being dishonored on two occasions with an outstanding amount remaining unpaid, your membership or Healthy Kids lessons will be cancelled.
7.5 Full payment of outstanding fees is required before re-joining on a direct debit membership.
8. ADDITIONAL RESPONSIBILITIES
8.1 You are responsible for ensuring that your nominated bank account or credit card can accept direct debits.
8.2 If it is not, it is your responsibility to provide Ballarat Aquatic and Lifestyle Centre with a new bank account or credit card number.
8.3 It is your responsibility to ensure that the authorisation given to draw on the nominated account is identical to the account signing instruction held by the Financial Institution where the account is based.
8.4 You are responsible for notifying Ballarat Aquatic and Lifestyle Centre of any changes to your debit details or contact details no less than 5 business days prior to the due date by contacting Ballarat Aquatic and Lifestyle Centre at email firstname.lastname@example.org.
9. INCREASE IN FEES AND CHANGE OF TERMS
9.1 Ballarat Aquatic and Lifestyle Centre may at any time by providing electronic correspondence and giving 30 days’ notice increase the instalment amount.
9.2 If other terms are to change, we will by providing electronic correspondence and giving you at least 14 days’ notice of these changes including, but not limited to, new frequency and debit date schedule. If you have any questions on any proposed changes, please contact Ballarat Aquatic and Lifestyle Centre.
10.1 All disputes regarding a direct debit payment should be referred to Ballarat Aquatic and Lifestyle Centre in person, by telephone 5334 2499 or email email@example.com or via your nominated Financial Institution.
11.1 Provision of services provided by the Centre may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use.
11.2 By signing this agreement, you are agreeing to be bound by the rules and conditions of the Centre.
11.3 The Management at Ballarat Aquatic and Lifestyle Centre reserves the right to cancel the rights of any member not complying with the conditions of membership or rules of the Centre at any time.
12. PROVISION OF SERVICE
12.1 Change of location or ownership or the name of the Centre does not absolve you of your responsibilities under the terms and conditions of this Contract.
13. CREDIT/DEBT REPORTING AGENCIES
13.1 The City of Ballarat will be authorised to notify any debt collection/credit- reporting agency upon default by you in regard to any obligation under this Contract.
13.2 Should this occur then at Ballarat Aquatic and Lifestyle Centre’s sole discretion, it may terminate your contract at which time the full outstanding balance for the remainder of the minimum term or payments including any current arrears shall be due immediately in full.
13.3 In addition, The City of Ballarat may charge a fee for dealing with the defaulting member. The City of Ballarat is further authorised to add any further amount to the outstanding debt that might be reasonably incurred by them in collecting the outstanding debt. This further amount shall include the fees of the agency to which the account is referred.
14. ENTIRE AGREEMENT
14.1 This Contract, Membership Agreement and Third-Party Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between you, the Customer, Ballarat Aquatic and Lifestyle Centre relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
15.1 The Ballarat Aquatic and Lifestyle Centre acknowledges and respects the privacy of individuals. Your personal information is being collected by the Ballarat Aquatic and Lifestyle Centre, as part of Council for the purpose of processing your membership or enrolment and financial institution payments if applicable.
15.2 By joining or enrolling in a program you will receive communications from the Ballarat Aquatic and Lifestyle Centre f from time to time to update you on items relating to your membership.
15.3 The Ballarat Aquatic and Lifestyle Centre uses a range of mediums to communicate with its members including, but not exclusive to email, SMS and telephone.
15.4 If you do not wish to have your information contained in this document used or disclosed for this purpose the Ballarat Aquatic and Lifestyle Centre will be unable to process your membership or enrolment.
16.1 To the extent permitted by law, the Ballarat Aquatic and Lifestyle Centre and the City of Ballarat shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. The Ballarat Aquatic and Lifestyle Centre and the City of Ballarat are not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Centre at your own risk.
17.1 Memberships and Healthy Kids Swimming and Gymnastics lessons are non-refundable.
17.2 Visit Passes are non-refundable
17.2 A credit will be applied to your membership account where:
- The BALC program for which a customer has been enrolled is cancelled by us
- A medical condition precludes participation, and a medical certificate is provided
17.3 From time to time, we may need to close areas of the Centre or take equipment offline for maintenance. In these circumstances, no refunds will be applied.
17.4 Refunds will not be offered due to non-attendance
18.1 All areas of the centre are subject to age restrictions and are to be adhered to at all times. Children under the age of 10 using the aquatic facilities must be actively supervised by a person 16 years or over. The Centre/Management may impose access restrictions to certain areas of the Centre in the case of children.
19. EACH VISIT
19.1 Upon each visit, members must present their membership card at Reception or scan it at the turnstile.
19.2 If you misplace you membership card there will be a fee charged for replacement.
19.3 Members who regularly don’t present their membership card may be refused entry or charged for a replacement card.
This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with Payrix Australia Pty Ltd and the Business. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.
PARTIES TO CONTRACT
The “Business” means the Ballarat Aquatic & Lifestyle Centre, Gillies Street North, Ballarat, Victoria 3350, phone 5334 2499. Email firstname.lastname@example.org the organisation providing the service, for which the Customer is paying. The “Customer” means you: the person or party signing this Contract. “The City of Ballarat” is the managing organisation. All communication relating to this contract is to be sent directly to Ballarat Aquatic & Lifestyle Centre.
I/We hereby authorize Payrix Australia Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of the “Business” as indicated in the ‘Parties to Contract’of this Direct Debit Request (herein referred to as the Business).
I/We acknowledge that Payrix Australia Pty Ltd is acting as a Direct Debit Agent for the Business and that Payrix Australia Pty Ltd does not provide any goods or services and has no express or implied liability in regard to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
I/We acknowledge that Payrix Australia Pty Ltd and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. Payrix Australia Pty Ltd and the Business will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
We will only disclose information that we have about you:
(a)to the extent specifically required by law; or
(b)for the purposes of this agreement (including disclosing information in connection with any query or claim).
I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with the Business.
I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial institution.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight; however, transactions can take up to three (3) business days depending on your financial institution. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Payrix Australia Pty Ltd will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We Acknowledge that there may be a delay in processing if:
1)There is a public or bank holiday on the day, or any day after the debit date
2)A payment request is received by Payrix Australia Pty Ltd on a day that is not a Banking Business Day
3)A Payment request is received after normal operational hours, being 4pm Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement.
I/We authorise Payrix Australia Pty Ltd to vary the amount of the payments upon instructions from the Business.
I/We do not require Payrix Australia Pty Ltd to notify me/us of such variations to the debit amount.
I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments.
I/We acknowledge that the Business is to provide 14 days’ notice if proposing to vary the terms of the debit arrangements.
I/We acknowledge that variations to the debit arrangement will be directed to the Business.
I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, you are advised to contact your financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Payrix Australia Pty Ltd.
I/We authorise Payrix Australia Pty Ltd to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that if specified by the Business, a setup, variation, dishonour, SMS or processing fees may apply as instructed by the Business. I/We authorise:
1)The Debit User to verify details of my/our account with my/our financial institution
2)The Financial Institution to release information allowing the Debit User to verify my/our account details.
Payrix Australia Pty Ltd
ABN: 63 135 196 397
P.O Box 6290, Upper Mt Gravatt, Queensland 4122
Ph: 07 3040 4320
Fax: 07 3343 8590
Bookings & Cancellation- Applications are made by completing and submitting the Online Facility Booking Form. Bookings are accepted up to twelve (12) months in advance. The booking confirmation will be emailed to the nominated contact person in the booking form; bookings do not take effect until a confirmation of your booking has been provided to you via email. If preferred dates are unavailable, the nominated person will be contacted to discuss an alternative.
Notice of cancellation must be given in writing at least twenty-four hours (24) prior to the booking date.
The Ballarat Aquatic and Lifestyle Centre may at its absolute discretion cancel all or part of the hire agreement by giving the hirer at least ten (10) working days’ notice in writing. The Hirer acknowledges this right and agrees to irrevocably waive all rights to pursue any claim it may otherwise have in respect of any such cancellation.
The cost of your booking will be provided in the confirmation letter. Hire fees will be charged in accordance with Council’s Fees and Charges and payment is required for the required hire period and entries set out in the booking. Hirers will be charged a 1 hour pre-event set-up and a 1 hour post-event pack-up fee at the hourly rate of the pool hire for each event.
Payment of Fees & Charges- Payment can be paid on the day of booking. Alternatively, an invoice can be generated by the City of Ballarat and needs to be paid within thirty (30) days.
Cleaning- General and normal cleaning is included in the hire of the room. The client may incur additional charges where an event has created cleaning requirements, which is considered to be over and above normal cleaning.
Certificate of Currency- A current Public Liability Certificate may be requested as evidence of Public Liability coverage to Ballarat Aquatic and Lifestyle Centre. Hirer’s will be advised if insurance coverage is required.
Disclaimer of Liability and Indemnity- The Hirer agrees to indemnify and keep indemnified Ballarat Aquatic & Lifestyle Centre, its servants and agents from and against all actions, proceedings, claims, demands, costs, losses (including but not limited to consequential losses), damages, liabilities and expenses (except those arising from the negligent acts or omissions of the centre or its servants, agents and employees), which may be brought against Ballarat Aquatic & Lifestyle Centre, its servants and agents (including claims made by parties other than the hirer) as a result of the Applicant’s or its agents, servants or invitees attendance at the Centre, and the hirer hereby releases and discharges Ballarat Aquatic & Lifestyle Centre, their servants and agents from all such actions, proceedings, claims, demands, costs, losses, damages, liabilities and expenses.
Smoking- The City of Ballarat has a “No Smoking Policy” on all Council grounds whereby smoking is not permitted at the Centre, including all buildings and grounds.
Venue Access- Guests are permitted to park inside the Centre grounds in the car park facility adjacent the Centre. Entry is made via the main front entrance however, the 50m pool entrance will be made available for all major events.
Consumption of Alcohol- The consumption of alcohol is strictly prohibited in all buildings and surrounding grounds.
Damage to Property or Equipment- On any occasion that centre property and equipment is damaged or stolen due to the actions of the hirer or it guests, such costs associated with repairing or replacing the property or equipment will be the responsibility of the hirer. While all due care is taken when handling the property of the organisers no responsibility will be accepted by Ballarat Aquatic & Lifestyle Centre e in relation to damage to or loss of property before, during and after a function.
Advertising – The hirer cannot erect or display, within the Centre and its surrounding grounds, any advertisement or signage without written consent from the Manager.
Media – Do not permit radio or television broadcast, motion pictures or other film, recording, audio or video tapes made of any activities or events in the Centre without prior written approval from Management and the relevant licensing authorities
Additional Structures – Do not erect any marquee, hut, stall or similar structure in or adjacent to the Centre or within its grounds without prior written permission from City of Ballarat.
Qualifications- Ballarat Aquatic and Lifestyle Centre is committed to the safety of all participants when visiting and participating in activities at the Centre. Hirers must ensure that employees and volunteers conducting programs on behalf of the Hirer hold valid qualifications applicable to the activity being conducted.
Swim Club Coaches, the minimum qualifications requirements are: AUSTSWIM Teacher of swimming and Water Safety or equivalent, CPR and WWCC – Working With Children Check.
Physiotherapists, Exercise Physiologists and any Health professionals must have valid accreditation and insurance and must complete the Health Professionals Visiting BALC Online Sign In Form on every visit. Entry fees must be paid at reception on every visit by the Health Professional and their client.
Unauthorised Coaching and Training Policy- Only qualified Ballarat Aquatic and Lifestyle Centre (BALC) staff, or organisations/individuals approved by BALC management, can supervise individualised or group training, coaching or teaching services at BALC. Examples of approved organisations/individuals include clubs that have recurring booking for training, or allied health workers providing therapy to patients. Anyone suspected of providing these services without prior approval will be asked to leave and may have access to BALC suspended.
Active Supervision- Ballarat Aquatic and Lifestyle Centre Watch Around Water Policy.
Conditions of Entry- Hirers must read through Ballarat Aquatic and Lifestyle Centre’s Conditions of Entry.
Emergencies- Hirers and participants are to follow the directions of the Duty Manager and Centre staff during an emergency or evacuation.
Deal #1 | Friday 2 December 2022
Valid for all membership types. Membership must start on 2/12/22. The DD’s that fall on the 2, 16 & 30 December 2022 will be waived. First DD will commence on 13 January 2023. Available online only. Regular cancellation procedure applies. Not available to existing members.
Deal #2 | Monday 5 December 2022
Valid on all Centre Pass types only. Limit of 1 pass per customer. No refunds apply.
Deal #3 | Friday 9 December 2022
Valid on Gold membership types. Includes assessment and program start. Membership must commence no later than 1 Jan 2023. NO suspensions apply. Offer available to new members only. No refunds apply.
Deal #4 | Monday 12 December 2022
Valid on all Aquatic Pass types only. Limit of 1 pass per customer. No refunds apply.
Deal #5 | Friday 16 December 2022
Discount applies on current merchandise in Centre on day of special only. No back orders available.
Deal #6 | Monday 19 December 2022
Offer #1 not available. Refer to T&C’s above for all other deals.