1. INTRODUCTION
This document outlines the rights and responsibilities that you have with regard to the authority of YMCA Leisure City to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of the Contract and Direct Debit Request Agreement (DDR Service Agreement), the terms of which are stated below. Should you have queries regarding your Contract, or this DDR form you should in the first instance contact YMCA Leisure City on phone 9401 2222, or contact your Financial Institution before completing this DDR Service Agreement Form.
2. PARTIES TO CONTRACT
The “Centre” means the organisation providing the service for which the Customer is paying.
The “Customer” means you: the person or party signing this Contract.
“YMCA Leisure City” is YMCA Leisure City, 41 – 53 Miller Street, Epping Victoria 3076, phone 9401 2222. Email ylc.reception@ywhittlesea.org.au.
All communication relating to this contract is to be sent directly to YMCA Leisure City.
3. PAYMENTS
YMCA Leisure City will debit your nominated account for the amount and frequency of payments in advance as agreed on the YMCA Leisure City DDR Contract signed and accepted by you, or any later amendment to the amount and frequency of payment that is accepted by you. It is your responsibility to have clear funds in your account on the due date of the direct debit.
By signing this Contract, you are agreeing to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 7 below. Should there be any arrears in payments YMCA Leisure City will be authorised to debit the outstanding balance to bring your account up to date.
It is your responsibility to advise us if the account nominated by you to receive the YMCA Leisure City Direct Debit drawings is transferred or closed. It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the YMCA Leisure City Direct Debit drawing.
4. SUSPENSION OF MEMBERSHIPS (excluding Program Memberships)
Memberships may be suspended for a minimum of two weeks and a maximum of 8 weeks at a time by logging into your customer portal. The first 4 weeks of suspension per calendar year are free after which suspension will be charged at 33 cents per day.
All Medical Suspensions are free of charge upon presentation of a valid medical certificate that covers all requested dates of suspension. Medical suspensions can only be backdated for one month. Any time spent on suspension will be added onto the minimum term of the Contract so that the sum of the instalments payable for the minimum term or the number of payments shall still be payable regardless of any suspension or suspension charges made.
5. SUSPENSION FOR PROGRAMS MEMBERSHIPS
Programs members are not able to suspend throughout the year.
Such memberships will be placed on suspension for 3 weeks during the Christmas Holiday period during December/January.
Suspension for medical reasons may be accepted by emailing to ylc.reception@ywhittlesea.org.au.
6. MINIMUM TERM FOR MEMBERSHIPS AND PROGRAMS
Minimum Term: 1 month, 2 weeks’ notice applies after minimum term completed if cancelling.
7. CANCELLATION
The Contract shall continue indefinitely until such time as the Customer requests YMCA Leisure City, after the expiry of the minimum term, terminate the agreement.
The Customer may terminate this Contract by completing a Cancellation Request form online via our website after the expiry of the minimum term, or when payments and fees due have been paid in full. Once the cancellation fee or the balance of the minimum term has been paid the contract ceases.
There will be a period of notice of 14 days or the equivalent of two lessons, unless otherwise specified by YMCA Leisure City between the date of request and the date of actual termination during which any payments due must still be paid in full.
8. DISHONORED PAYMENTS
Should your payment be dishonoured, YMCA Leisure City will attempt to contact you by email first, we will debit you an additional administration/decline fee of $10 with your next payment attempt, and in the event of payments being dishonoured on two consecutive occasions YMCA Leisure City reserves the right to terminate your Contract. YMCA Leisure City may additionally charge any other fees incurred by us in collecting an outstanding balance.
9. MAKEUP CLASS TERMS* (Applicable to Program Lessons Only)
- Maximum 3 allowed every 90 days
- Minimum 30 mins notice required
- Must be redeemed within 31 days or will expire.
- No credit for missed makeup class, unless cancelled by centre, if cancelled by centre you must rescheduled within 2 weeks.
- Makeup lessons are to be booked via you customer portal, which you also withdraw from class not attending.
10. ADDITIONAL RESPONSIBILITIES
You are advised to check with your Financial Institution their account details before completing the DDR. You are responsible for ensuring that your nominated bank account or credit card can accept direct debits. If it is not, it is your responsibility to provide YMCA Leisure City with a new bank account or credit card number. 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. You are responsible to notify YMCA Leisure City of any changes to your debit details or contact us to advise your requirements no less than 3 business days prior to the due date. The member/addressee is responsible for forwarding all correspondence to the bank account or credit card holder.
11. INCREASE IN FEES AND CHANGE OF TERMS
YMCA Leisure City may at any time upon emailing correspondence to you and giving 30 days’ notice, increase the instalment amount and change of terms. If you have any questions on any proposed changes, please contact YMCA Leisure City.
12. DISPUTES
All disputes regarding a Direct Debit payment should be referred to YMCA Leisure City in person, by email to ylc.reception@ywhittlesea.org.au or via your nominated Financial Institution.
13. ENTITLEMENT
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. By signing this agreement, you are agreeing to be bound by the rules and conditions of the Centre. The Management at YMCA Leisure City 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.
14. MISPLACED MEMBER WRISTBAND/CARD
There is a replacement fee for lost Fob or Barcode membership card and will need to be purchased at the centre if lost, misplaced or damaged.
15. PROVISION OF SERVICE
Change of location of ownership or the name of the Centre does not absolve you of your responsibilities under the terms and conditions of this Contract.
16. ENTIRE AGREEMENT
This Contract and DDR Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between you, the Customer and YMCA Leisure City relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
17. PRIVACY
The YMCA acknowledges and respects the privacy of individuals. The information that is being collected on this document is for the purposes of processing your membership or enrolment and financial institution payments if applicable. The YMCA, its authorised staff and contracted service providers such as financial institutions and Government agencies covered by law, may be recipients of this information.
By joining or enrolling in a program at the local Centre you have also become a member of the YMCA. You will receive communications from the YMCA from time to time to update you on items relating to your membership. The YMCA uses a range of mediums to communicate with its members including, but not exclusive to, email, SMS and telephone. If you do not wish to have your information contained in this document used or disclosed for this purpose the YMCA will be unable to process your membership or enrolment. You have the right to access and alter personal information protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001).
18. CONSENT TO PHOTOGRAPHY / VIDEO
I acknowledge the Y periodically takes photos/videos for general marketing and promotional activities, including posting to social media. If we are taking your photo/video you will be aware. If you do not consent to your photo being taken, please let staff/photographer know on the day.
19. LIABILITY
To the extent permitted by law, YMCA Leisure City shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. YMCA Leisure City 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.
20. COOLING OFF
The cooling off period commences at the close of business on the date of signing. The cooling off period is 7 days. New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services or programs. All monies will be refunded on a pro rata basis with the exception of charges for services already delivered. All cancellations must be via our website.
21. SAFEGUARDING RESPONSIBILITIES
No child 10 years and under can be left at the centre to attend lessons without adult supervision being 16 years and over. You must be always within sight of your child at all times while in the centre, and actively supervising them.
22. GENERAL CONDITIONS OF ENTRY
We will refuse entry or request any person to leave the premises if the person; is abusive or uses offensive language or whose behaviour is threatening; is under the influence of drugs or alcohol. To ensure our Centre is able to provide a high level of service in a safe, healthy and pleasant environment for all, we ask our members to comply with these conditions.