Membership Terms and Conditions

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 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

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. If the nominated day of your debit falls on a public holiday or weekend, YMCA Leisure City 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.

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 in order 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. CONCESSION MEMBERSHIPS

Holders of concession memberships are required to present current evidence of concession status within 2 weeks if requested. Failure to provide updated concession information will result in the membership automatically reverting to the appropriate non-discounted price. Total discount cannot exceed 20% of full rate.

5. SUSPENSION OF MEMBERSHIPS (excluding Program Memberships)

Memberships may be suspended (deferred) for a minimum of two weeks at a time by completing an amendment form in writing at the Centre. This request must be lodged a minimum of three business days prior to the start date of suspension and the first proposed reduced payment date. 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 installments payable for the minimum term or the number of payments shall still be payable regardless of any suspension or suspension charges made.

6. SUSPENSION FOR PROGRAMS MEMBERSHIPS

Programs members are not able to suspend willingly throughout the year, such memberships may be placed on suspension for up to 4 weeks during the Christmas Holiday period during December/January or for medical reasons only by completing a Membership/Program Amendment form at the Centre.

A valid medical certificate that covers all the requested dates of suspension must be presented at the time of lodgment. All suspensions must be a minimum of two weeks.

7. CANCELLATION

The Customer may terminate this Contract by completing a Cancellation Request form before the expiry of the minimum term or if all the instalments and fees due up to the date of termination are paid. Once the cancellation fee or the balance of the minimum term has been paid the contract ceases.

After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the box on the front of this Contract requesting termination after the minimum term not be marked, then the Contract shall continue indefinitely until such time as the Customer requests YMCA Leisure City, in writing after the expiry of the minimum term, terminate the agreement. There will be a period of notice of 14 days 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 dishonored, YMCA Leisure City will attempt to contact you by SMS, email or by mail sent to your last known address. We will debit you an additional administration fee of $10 with your next payment and, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. In the event of payments being dishonored 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. ADDITIONAL RESPONSIBILITIES

Direct Debit, through BECS, is not available on all accounts. 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 is able to 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 details by completing a Membership/Program Amendment form advising 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.

10. INCREASE IN FEES AND CHANGE OF TERMS

YMCA Leisure City may at any time upon sending written correspondence to your last known address and giving 30 days notice, increase the installment amount and change of terms. If you have any questions on any proposed changes, please contact YMCA Leisure City.

11. DISPUTES

All disputes regarding a Direct Debit payment should be referred to YMCA Leisure City in person, by telephone 9401 2222, email or mailed to YMCA Leisure City, 41 – 53 Miller Street, Epping Victoria 3076, or via your nominated Financial Institution.

12. 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.

13. MISPLACED MEMBER WRISTBAND/CARD

The replacement fee for RFID wristband/card will be $10 and barcode membership card will be $3.50 if lost, misplaced or damaged.

14. 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.

15. 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.

16. 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, direct mail, email, SMS and telephone. If sent by mail, communications are taken to be received on the day that they would be received in the ordinary course of post. 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).

17. 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.

18. 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 in writing to the Manager.

19. TRANSFER OF MEMBERSHIP

Transfer of membership will only be permitted from a member to a non-member and will incur a Transfer Fee of $55, which is payable by the new member. Transfers between centres will be by arrangement of the Manager of the Centre to which the member wishes to transfer to.

20. 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.