Terms & Conditions

1. OVERVIEW
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 balc@ballarat.vic.gov.au.  

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. PAYMENTS  

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 Swimming and Gymnastics lessons and Rehabilitation 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 Rehabilitation and Funded memberships may be suspended for a maximum of two weeks per membership by emailing balc@ballarat.vic.gov.au. A medical certificate covering the requested dates must be included.

4.3 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. 

4.4 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.  

4.5 At the conclusion of a suspension period, you will not be notified and your membership will automatically recommence.  

4.6 No refund will be provided if you choose to cancel your direct debit membership while your membership is suspended. 

5. SUSPENSION FOR SWIMMING AND GYMNASTICS LESSONS 

5.1 Swimming and Gymnastics lessons may only be suspended for medical reasons only, by completing a Online Suspension Application Form.  

5.2 A valid medical certificate that covers all the requested dates of suspension must be presented at the time of lodgment. 

5.3 Direct debit for swimming and gymnastics lessons are ongoing. If you do not wish to continue, lessons can be cancelled at any time, allowing two weeks’ notice by completing an Online Cancellation Form.  

6. CANCELLATION  

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 swimming and gymnastics lesson membership 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 balc@ballarat.vic.gov.au.  

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. DISPUTES 

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 balc@ballarat.vic.gov.au or via your nominated Financial Institution. 

11. ENTITLEMENT  

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. PRIVACY  

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.  

15.5 Your information will be stored in Council’s Customer Database and used to identify you when communicating with Council and for the delivery of services and information. For further information on how your personal information is handled, refer to Council’s Privacy Policy at https://www.ballarat.vic.gov.au/privacy

16. LIABILITY  

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. REFUNDS  

17.1 Memberships and 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:  

1. The BALC program for which a customer has been enrolled is cancelled by us 

1. 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 or change of mind.

 18. AGE 

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. 

INTRODUCTION 

This is your Direct Debit Service Agreement with Ballarat Aquatic and Lifestyle Centre, APCA User ID 640243, ABN: 37 601 599 422 (the Debit User). It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. 

Please keep this agreement 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 authorisation. 

PARTIES TO CONTRACT 

The “Business” means the Ballarat Aquatic & Lifestyle Centre, Gillies Street North, Ballarat, Victoria 3350, phone 5334 2499. 

Email balc@ballarat.vic.gov.au 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. 

DEFINITIONS 

Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited. 

Agreement means this Direct Debit Request Service Agreement between you and us. 

Banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. 

Debit day means the day that payment by you to us is due. 

Debit payment means a particular transaction where a debit is made. 

Direct Debit Request means the written, verbal or online request between us and you to debit funds from your account. 

Us or we means Ballarat Aquatic and Lifestyle Centre (the Debit User) you have authorised by requesting a Direct Debit Request. 

You means the customer who has authorised the Direct Debit Request. 

Your financial institution means the financial institution at which you hold the account you have authorised us to debit. 

1. DEBITING YOUR ACCOUNT

1.1 By submitting a Direct Debit Request, or by agreeing to the Direct Debit Request by the method presented, you have authorised us to arrange for funds to be debited from your account. The Direct Debit Request and this agreement set out the arrangement between us and you. 

1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. 

or 

We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due. 

1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited, you should ask your financial institution. 

2. AMENDMENTS BY US

2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice sent to the preferred email or address you have given us in the Direct Debit Request. 

3. HOW TO CANCEL OR CHANGE DIRECT DEBITS

3.1 You can: 

1. a) Cancel or suspend the Direct Debit Request; or
2. b) Change, stop or defer an individual payment, or at any time by giving us 14 days’ notice.

To do so, contact us at balc@ballarat.vic.gov.au 

or 

by telephoning us on 5334 2499 during business hours 

or 

You can also contact your own financial institution, which act promptly on your instructions. 

4. YOUR OBLIGATIONS

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. 

4.2 If there are insufficient clear funds in your account to meet a debit payment: 

1. a) you may be charged a fee and/or interest by your financial institution;
2. b) we may charge you reasonable costs incurred by us on account of there being insufficient funds;

and 

1. c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

4.3 You should check your account statement to verify that the amounts debited from your account are correct. 

5. DISPUTE

5.1 If you believe there has been an error in debiting your account, you should notify us directly on balc@ballarat.vic.gov.au or 5334 2499. Alternatively, you can contact your financial institution for assistance. 

5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. 

5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding in writing. 

6. ACCOUNTS

You should check: 

1. a) with your financial institution whether direct debiting is available from your account as direct debiting is not available through SECS on all accounts offered by financial institutions.
2. b) your account details which you have provided to us are correct by checking them against a recent account statement; and
3. c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
4. CONFIDENTIALITY

7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We 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. 

7.2 We will only disclose information that we have about you: 

1. a) to the extent specifically required by law; or
2. b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
3. CONTACTING EACH OTHER

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to: 

Ballarat Aquatic & Lifestyle Centre
Prince of Wales Recreation Reserve, Gillies Street North, 
Lake Gardens VIC 3350, Australia 

 We will notify you by sending a notice to the preferred address or email you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the second banking day after sending. 

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

Noise – The hirer must abide by all noise restrictions outlined in the Environment Protection Act 2017.

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.

Privacy- Your personal information is being collected by the Ballarat Aquatic and Lifestyle Centre on the Facility Application form, as part of Council for the purpose of the use of Centre facilities. Your information will be stored in Council’s Customer Database and used to identify you when communicating with Council and for the delivery of services and information. For further information on how your personal information is handled, refer to Council’s Privacy Policy at https://www.ballarat.vic.gov.au/privacy

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.