Terms & Conditions

Code of Conduct

Yarra Leisure’s pledge to Customers

Yarra Leisure pledges to:

provide an environment where customers are called by their first name and greeted with a friendly, familiar smile on every visit
make our best effort to cater for customers with special needs such as children, people with disabilities, people from culturally diverse backgrounds and those from non-English speaking backgrounds
not participate in unethical behaviour, and
be dressed appropriately and be identifiable to customers at all times.

Yarra Leisure’s expectations from Customers

The following specific behaviours are deemed to be unacceptable by Yarra Leisure and will attract appropriate action.

Yarra Leisure will not tolerate:

verbal or physical abuse of a patron or staff members
slanderous and libellous comments about staff and or the organisation
abuse or wilful damage of the facility or amenities
loud, abusive, offensive anti social language
failure to take reasonable direction from an authorised staff member
access to the facilities whilst under the influence of alcohol or illicit drugs
smoking in or around any of the buildings
parents who leave children under 10 years of age in the facilities without supervision. Children under 10 years of age must always be accompanied by a responsible adult (over 16 years of age).

All members must abide by the Yarra Leisure “Code of Conduct”. Yarra Leisure’s goal is to manage and operate the venues that comprise of Richmond Recreation Centre, Collingwood Leisure Centre, Fitzroy Swimming Pool and Burnley Golf Course in accordance with professional industry standards and the intent of the Yarra City Council.

Yarra City Council may cancel a membership at any time for serious misconduct or breach of these terms and conditions.

Medical disclosure

Yarra Leisure reserves the right to ask for medical clearance at any time to ensure that patrons are safely able to exercise without endangering themselves and/or others. Yarra Leisure reserves the right to cancel the membership of anyone who is unable to provide this evidence if requested. Yarra Leisure reserves the right to cancel the membership of anyone who they deem are putting themselves at health risk by training.

Mobile Phones and Audio Visual Equipment

Audio visual equipment may only be used if prior authorisation is obtained from Reception. Please note that due to privacy reasons, the use of mobile phones in change rooms is strictly prohibited.

Health & Fitness

Gym Etiquette

Yarra Leisure endeavours to keep the gyms at the facilities as safe and clean as possible. To ensure patron safety and comfort and as a courtesy to other patrons, please follow these guidelines:

weights must not be dropped
weights must be returned to their racks after use
suitable attire and appropriate enclosed sporting footwear must be worn at all times
no food, alcohol or glass bottles are allowed in the Facilities
a personal small hand towel must be used to wipe down equipment after use.

Management reserves the right to refuse entry if you do not follow these guidelines.

Suggestions and Comments

It is Yarra Leisure’s objective to make members happy with the service and facilities within the Centres. Should a patron have any suggestions on how to further improve their enjoyment, please do not hesitate to complete a customer feedback form, which are available from Reception.

Yarra Leisure is always grateful to those who take the time to give feedback on their experience at the venues. Regardless of whether it is constructive criticism, a compliment or a suggestion, it is valuable feedback that will assist in the continuous improvement process.

Health and Fitness Consultations

It is part of Yarra Leisure’s service to monitor patron progress closely and ensure health and fitness goals are achieved. When commencing at Yarra Leisure, it is suggested member’s have an initial consultation (service provided free of charge to members) with a health and fitness instructor. This is highly recommended before using the gym equipment for vigorous exercise. The consultation screens members for potential medical problems, which may restrict an exercise program and also gives a baseline for future progress checks. Exercise programs are tailored according to current fitness level and personal preference.

Group Fitness Classes

Yarra Leisure programs have been specifically designed so that people of all levels and fitness can attend, have fun and get fit. A “first come, first served” policy applies to all group fitness classes. It is recommended that patrons arrive at least 10 minutes before the scheduled class time to ensure attendance. For safety reasons, patrons may not join in a class once the warm up is completed which is five minutes into the class.

Age restrictions

The Minimum age requirement for individuals to sign their own membership contract is 16 years.

Where a person is a minor (under 16 years of age) the agreement must be signed by the minor’s parent/guardian, who warrants and agrees by signing that he or she is authorised to enter into agreement on behalf of the minor and remains responsible for its due performance by the minor.

Gym

No casual entry is permitted to individuals under 16 years of age. Individuals between 14 and 16 years of age that wish to use the gym, can sign up for a Yarra Youth Membership. There are no time restrictions on this membership type. All individuals under 16 years of age must complete an initial consultation with a gym instructor before using the facilities.

Group fitness

No casual entries are permitted for individuals under 14 years of age. Yarra Youth members & casual youth must be 14 years of age and over to attend a cardio based group fitness class and 16 years of age and over, to attend weight training based i.e. Body Pump, Circuit & boxing classes.

Membership

Member Key Tags/ Key Cards

Members must present key tags to Reception on each visit to the centre. Failure to present a valid membership key tag will result in a fee being charged. Replacement key tags can be purchased at Reception.

For detailed descriptions of each membership type, please visit the membership home page.

Conditions of membership

Payment Options

Members may pay the pro-rata or initial membership fee in cash, or by cheque, credit or debit card. Where a member pays the monthly membership fee by direct debit or credit card payment, Yarra Leisure Services on behalf of Yarra City Council will process the membership payment on the 28th day of the month (or next business day).

Direct Debit Agreement

The direct debit membership is an ongoing monthly charge. The members selected account will continue to be debited or charged until the Centre receives written notice of cancellation in accordance with these terms and conditions. This applies even where the credit/debit card has passed its expiry date. In the event that payment cannot be processed or is rejected, an administration fee of $5.00 will be charged. This charge, along with the unpaid monthly fee, must be paid in full upon the next visit. Access may be refused on failure to pay.

Suspension

Direct Debit memberships

Notification of suspension must be provided in advance and either in person or via e-mail. Suspensions are to be made with a minimum period of two weeks (fourteen days). Members on direct debit are permitted two months (sixty two days) suspension per calendar year which cannot be backdated and is not accrued. Membership will be reactivated automatically after the nominated suspension period has ceased. It is the responsibility of the member to know when the membership will be reactivated. Yarra City Council will not refund or credit patrons that were not aware that their membership had been reactivated.

3 & 12 Month Term Agreement

Term membership suspensions are limited for 3 and 12 month term memberships as follows:

3 month term membership – 31 free days per contract;

12 month term membership – 62 days free per contract.

Suspensions are to be made with a minimum period of two weeks.

Direct Debit Cancellations

( not applicable to Learn to Swim membership)

Notification of cancellation must be made in advance either via e-mail or in person. Faxes and verbal cancellations are not accepted. Cancellation notification must be received by the 25th day of the month. It is the member’s responsibility to ensure that e-mails are received and responded to by the 25th day of the month. If not received, monthly debits or charges will continue to be made from the nominated account. Management may cancel a membership at any time for misconduct or serious breach of these terms and conditions.

Direct Debit Concession Membership Conditions

All members who are on concession discounted memberships must ensure that their concession details are up to date on our membership system. Correspondence will be sent to concession membership holders at the point of their concession card expiring; at which point, new details will be required by the 25th day of the month to ensure a concession membership. If updated concession card details are not provided, Yarra Leisure will assume the membership is non-concession and membership will be debited at the full non-concession rate.

Correspondence conditions

It is the responsibility of the member to ensure that correspondence has been received in accordance with the above terms and conditions. E-mail correspondence will receive a confirmation response within 10 working days. It is recommended that members retain a receipt of any correspondence in accordance with the above terms and conditions. It is the member’s responsibility to ensure their contact details are up to date and to notify Yarra Leisure of any changes. In the event that Yarra Leisure is not notified of changes to members contact details, correspondence sent from Yarra Leisure to members via the contact details on file will constitute valid notice under these terms.

Membership Financial Commitment/Contract

All direct debit memberships have an initial debit period of either 3 or 12 minimum debits. The minimum debit commitment is dependent on the initial option selected when joining. All direct debit memberships are ongoing memberships and continue to debit after the initial debit period. Yarra City Council will provide written correspondence one month prior to the end of the initial debit period, to alert the member that the initial debit period will be completed shortly and that Yarra City Council will continue debiting after this date, unless advised otherwise by the account holder. Members have the option to automatically cancel at the end of the initial debit period. If this is preferred, this option can be selected on the initial new member contract and the membership will be automatically cancelled at the end of the minimum contract period. Should the member wish to continue membership, after making this selection, this can be changed at any point throughout your minimum period. Members wishing to cancel their membership after the initial debit period must give Yarra City Council written notice (either in person or via e-mail) of their intention to cancel by the 25th day of the month. If notice of cancellation is not received by that date, monthly debits/charges will continue to be made to or from the nominated account. After the initial debit period memberships automatically continue on a month by month basis until the membership is cancelled. Members wishing to cancel before the completion of the debit minimum may submit a written request with any supporting documentation (e.g. medical certificate) to be assessed. All new members have a cooling off period whereby they can exercise their rights to cancel within 7 days of joining.

Visit Pass Agreement

10 visit passes will expire 6 months from date of purchase.
25 visit passes will expire 12 months from the date of purchase.

Suspension time is not available on visit passes and refunds will not be granted on unused portions of a visit pass. Visit passes are non-transferrable between persons. All passes have full rights across all Yarra Leisure facilities

Privacy

Yarra City Council is committed to privacy. All personal information collected will be used by the Council to manage memberships, including sending information about the Council’s leisure facilities. Should the member not want personal information used for marketing purposes, they can select the ‘opt out’ box on the membership application form.

The Council will not disclose personal information to a third party unless required or permitted by law.

Price Increases

The debit price is subject to change and may be debited or charged on various dates. Yarra City Council will make best endeavours to provide one month’s written notice prior to any variation in debit arrangements or changes to terms and conditions. By signing the membership application form the member is authorising Yarra City Council to debit or charge the nominated account with the amount advertised by the centre and in the event of any change in the charges for this membership, to alter the amount from the date of change. Should the member opt to terminate membership as a result of a price change they may do so without penalty.

Changes to Membership

All requests for changes to a membership, including changes to membership type, suspension and cancellation requests will need to be made in writing on or before the 25th day of the month. This can be done in person at one of our leisure centres or via e-mail. Please note that faxes are not accepted. Upon cancellation, the member will be provided with a numerical reference number that indicates to them that the cancellation has been processed. In the event that an e-mail has been sent, it is the responsibility of the member to ensure the cancellation notification has been received by Yarra Leisure and further that the membership is cancelled. Furthermore, it is imperative that the reference number provided by Yarra Leisure is retained for any future queries relating to the account.

If the member requests a change in membership type during a minimum contract period, they will automatically commit to an additional contract period.

Changes to bank details will only be accepted in person, on or prior to the 25th day of the month.

Changes to Conditions

The terms and conditions may be changed at the absolute discretion of Yarra City Council but only after the provision of one month’s notice. Should the member opt to terminate membership as a result of the change, they may do so without penalty.

In the event that Management determine that the member is eligible to either a refund (term memberships paid in advance) or the opportunity to pay an early exit fee on a 12 debit minimum commitment, then those refunds or early exit fees will be based on the following schedule:

1 month 50%	7 months 79%
2 months 50%	8 months 83%
3 months 50%	9 months 88%
4 months 58%	10 months 93%
5 months 66%	11 months 98%
6 months 75%

For example; a customer has joined on a 12 debit minimum commitment and wished to cancel at month seven. The customer will pay 74% of the annual fee minus monthly fees already paid.

12 months at $89 = $1068 commitment
7 months paid at $89 = $623
Amount to be paid $1068 x 79% = $843.72

Difference between commitment $843.72 – amount already paid - $623, leaves an early exit fee of $220.72

Other Conditions

Yarra City Council reserves the right to alter operating hours, program timetables, equipment availability & membership entitlements and will provide notice before doing so where amajor alteration is to occur. Members will not be entitled to compensation as a result of equipment breakdown, program cancellation, short-term facility closures or similar. However, should the member opt to terminate their membership as a result of the above changes they may do so without penalty.

Waiver

To the maximum extent permitted by law, Yarra City Council excludes liability for any death or personal injury for a breach of condition implied by section 32J or section 32JA of the Fair Trading Act 1999 in relation to the supply of the recreational services under this form, which includes where the services are not supplied with the due care and skill or are not reasonably fit for their purpose.

Warning Under The Fair Trading Act 1999

Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to members are:

rendered with due care and skill, and
as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances, and
reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. By signing a membership application form you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

NOTE: The changes to your rights, as set out in this form, do not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreation Services) Regulations 2004.

Non Transferable

Memberships are not transferable to other persons, products orservices.

Refunds

Applications for refunds/credits must be made in writing, via e-mail or via the completion of the refund application form. All refunds / credits are assessed as per the Refund Policy. The following details must be included in the refund application which can be completed at Reception or e-mailed to YarraLeisure@yarracity.vic.gov.au

Date of application, name address and contact numbers
Give specific details i.e. membership type, membership number, class or session details
Give specific details of the reason for the refund and attach any relevant documentation e.g. Medical certificate

The following conditions apply to all refund requests:

Refunds/credits are processed from the date of application. An application from a past date will be considered if supporting documentation is provided i.e. medical certificate
Refunds sought in relation to a medical condition should have a medical certificate attached
Where a credit is granted for a program, the participants name will be removed from the class list
Proof of purchase must be provided for all merchandise exchange or refunds. Exchanges and refunds will not be granted due to poorly fitting items
A 25% administration fee is deducted from all approved refunds, including merchandise refunds
If successful, applications will be processed within four to six weeks from the date of application. A City of Yarra cheque will be mailed to the address indicated on the application
Refunds are not given for moving out of the area, non-attendance or forgetting to suspend or cancel
Cash refunds are not given
In assessing refunds, we follow the Victorian Fitness Industry Code of Practise
The Centre Manager shall approve or reject applications for refunds and credits. All approved refunds shall be passed onto the City of Yarra Finance Department for processing.

Additional Services

Locker

Yarra Leisure provides both a key operated locker system and self service locker system for the use of temporary storage of personal items whilst using the centre facilities. Whilst care is taken to safeguard locker contents, Yarra Leisure requests that all users do not bring valuable items into the facilities. Lockers can be accessed on a casual basis or by scanning a membership key tag / key card if membership / visit pass entitles locker use. Photo identification, keys or membership tags are acceptable deposits for casual locker hire. Patrons that do not bring their membership key tag/ key card will be required to pay a casual fee.

Key Operated Lockers

A locker key is available on presentation of membership key tag/ key card at Reception. Lost keys will incur a fee. Items left in lockers at close of business will be placed in lost property.

Self Service Lockers

Self service lockers can be accessed using a membership key tag/ key card if membership or visit pass includes locker hire. Lockers can be used for a maximum of two hours.

Occasional Care Facilities

The Occasional Care facilities available at Richmond Recreation Centre, Collingwood Leisure Centre and Fitzroy Swimming Pool are not part of the membership entitlements and a separate charge for use will apply. Patrons that are utilising this service whilst in the facilities will pay a casual full fee or concession fee per session. Patrons that are utilising the service and leaving the facilities will pay a casual full fee or concession fee per session; prices are available from Reception. Cancellations must be made no later than 8.00am on the day of the booking. Patrons that fail to cancel their booking in time will incur a cancellation fee.

The hours of operation, fees charged and operating conditions may vary at Yarra City Council’s discretion. In the event of change, Council will provide advanced written notice to users. For further information and enrolment details, an Occasional Day Care handbook is available from reception.

Lifestyle

Massage, Personal Training and courses are not part of the membership entitlements and a separate charge for use will apply. The hours of operation, fees charged and operating conditions may vary at Yarra City Council’s discretion. In the event of change, Council will provide advanced written notice to users.

Incentives

Free Membership Month

Members can receive membership bonuses by referring new members to the centre. Members who refer two new members to the centre will be entitled to a free month on their current membership. Please ensure that for every new member referred the member referral card is signed and initialled by a customer service staff member. Referral cards are available at all times from Reception. Once a member has referred two new members they can present the referral card to Reception and the bonus month will be arranged.

Further information
Yarra Leisure
9205 5032
YarraLeisure@yarracity.vic.gov.au