1. Introduction

1.1 These terms and conditions are in effect at all times while you are using The ARC. By applying for Membership or using The ARC, you agree to these Conditions. Please read them carefully.

1.2 We reserve the right to change these terms and conditions at any time. If you believe you are adversely affected by these changes, you may terminate your Membership in accordance with clause 15.2.2.

2. Membership and Membership Benefits

2.1 Membership is open to any person aged at least 14 years.

2.2 Membership Benefits for each category of Membership are as published by us on our website from time to time

2.3 Subject to these terms and conditions, Membership will entitle you to access and use of The ARC in accordance with the Membership Benefits applying to the category of Membership that you hold.

2.4 Membership Benefits will only be available to you for so long as your Membership Fees are fully paid up.

2.5 Membership and Membership Benefits are not transferrable and cannot be exchanged or redeemed for cash.

2.6 Any unused Membership Benefits relating to a Membership period lapse at the expiry of that period and will not be carried over into any subsequent Membership period.

2.7 We reserve the right to change the Membership Benefits associated with your Membership at any time. You will be given 14 days’ notice of any change. If you believe you are adversely affected by these changes, you may terminate your Membership in accordance with clause 15.2.2.

3. Applying for Membership

3.1 You may only apply for Membership:

3.1.1 on your own behalf; or

3.1.2 on behalf of any minor for whom you are a parent or guardian.

3.2 An application for Membership may be for annual Membership or for Membership for any other period we may permit. 3.3 Your Membership will remain ongoing until:

3.3 (for fixed term Memberships only) the expiration of your Membership term; or 3.3.2 you terminate your Membership in accordance with clause 15.2.2.

3.4 You may only apply for Membership by providing to us a completed Membership Application Form in the form we require and valid proof of any relevant concessions.

3.5 An application for Membership must be accompanied by payment of the relevant Membership Fee and Application Fee (if any).

3.6 We reserve the right to reject any application for Membership. We are not required to give any reason for the rejection of an application for Membership.

4. Membership Fees

4.1 Membership Fees are inclusive of GST.

4.2 Continuation of your annual and other periodic Membership is subject to payment of your annual or other periodic Membership Fee in accordance with these Terms and Conditions.

4.3 We will take reasonable steps to notify you of your Membership Fee falling due before the due date for payment.

4.4 We reserve the right to change the Membership Fee at any time. You will be given 14 days’ notice of any change. If you believe you are adversely affected by these changes, you may terminate your Membership within 30 days from notification, in accordance with clause 15.2.2.

5. Membership Card

5.1 Any Membership Card issued to you remains our property and you must promptly notify us if it is lost or stolen.

5.2 We reserve the right to require you to return any Membership Card to us and to charge a reasonable fee for replacing any Membership Card which is lost, stolen or damaged.

5.3 You must swipe your Membership Card as directed by our staff on entering The ARC and must not allow any other person to swipe or otherwise use your Membership Card or Membership Benefits.

5.4 You must keep the Membership Card on your person when in The ARC or be able to produce it if requested.

5.5 If you are unable to produce your Membership Card on request, we may refuse you the right to make use of your Membership Benefits.

6. Access to The ARC

6.1 Please refer to our website for opening hours, and for changes in opening hours.

6.2 Our staff will be in attendance at The ARC during opening hours.

6.3 We reserve the right not to open The ARC, or to temporarily terminate or limit access to The ARC, at any time and without notice (including for the purposes of carrying out repairs and maintenance).

7. Court Access - Foundation and Additional Court Membership

7.1 Members with court access, either via Foundation membership or Additional Courts, have access to book Badminton, Squash and Casual Shooting subject to court availability

7.2 Squash and Badminton court hire fees are covered by the Foundation/Additional Courts membership for the membership holder. Any additional patron joining this booking must pay for their access. Fees for accompanying a member booking can be found on our website and must be paid prior to booking commencement.

7.3 Maximum booking times do apply for Squash and Badminton. Squash is limited to one hour maximum hire in Peak times and Badminton two hour maximum booking at any time. Bookings cannot be repeated in these times and only one court can be booked.

8. Children

8.1 Members under the age of 16 years must complete a safety induction with The ARC Staff with a parent or guardian present prior to their first visit.

8.2 Members under the age of 18 years must wear a panic alarm while they are exercising at The ARC Health Club. The panic alarm will be supplied by us.

8.3 Any child over the age of 7 must use change rooms and bathrooms designated for his or her own sex (or a family change room or bathroom if available).

9. Your Health

9.1 You must not attend The ARC or use its facilities if you are suffering illness, disease, injury, other condition, or you have any symptoms of illness, that could be a risk to your health and safety or others.

9.2 Before you use the facility and each time you gain access to The ARC, you are to ensure you are in good physical condition, safe for exercise. If you are unsure, please do not use the facility and obtain appropriate medical guidance prior to exercise. At any time The ARC may require you to provide a current certificate as to your fitness to use The ARC, signed by a qualified medical practitioner.

9.3 If our staff believe that you are displaying any symptoms of being unwell they have the right to ask that you leave The ARC.

9.4 Our staff are not medically trained. You are responsible for monitoring your own health and physical condition and alert staff if you require assistance.

9.5 If in using The ARC, you suffer any unusual discomfort or symptoms, or any accident or injury, you must immediately cease all activity and inform our staff of all relevant circumstances.

9.6 If an ambulance is called for your assistance it will be at your cost.

9.7 If you become sick or incapacitated during your Membership, on providing a medical certificate from a qualified medical practitioner stating that you cannot exercise for the remainder of your Membership you may terminate your Membership in accordance with clause 15.2.2.

10. Your Conduct

10.1 In using The ARC, you must:

10.1.1 comply with the Conditions of Entry and Centre Rules;

10.1.2 not (unless authorised or directed by our staff) allow or facilitate the entry of any person into The ARC without that person swiping that person’s Membership Card;

10.1.3 not bring any weapon or dangerous items into The ARC;

10.1.4 not carry on any offensive or dangerous activity;

10.1.5 not create a nuisance or disturbance for our staff or Other Users;

10.1.6 use any facilities at The ARC and all Equipment carefully and responsibly, and in accordance with any directions given by our staff from time to time;

10.1.7 not remove from The ARC any item of Equipment or other property not belonging to you;

10.1.8 notify our staff immediately if you become aware that any facilities at The ARC are damaged or not working properly, or if any item of Equipment is damaged, not working properly or has become lost or stolen;

10.1.9 comply with all directions given by our staff;

10.1.10 not by any means, harass, annoy, intimidate or threaten our staff or any Other Users; and

10.1.11 wear appropriate clothing.

10.2 We reserve the right to change the Conditions of Entry and Centre Rules at any time.

11. Photographs, Filming and Surveillance

11.1 You must:

11.1.1 not take any photographs of, or video or film any person at The ARC, without that person’s express consent; and

11.1.2 immediately notify a member of our staff if you know or suspect that any other person is taking any photographs of, or videoing or filming any person at The ARC, without that person’s express consent.

11.2 We reserve the right to use closed circuit television (CCTV) or other surveillance equipment in public areas of The ARC, and may make any recordings using such equipment available to the police or other authorities if we consider it appropriate.

11.3 We may sometimes film or photograph in The ARC and you may appear in these images. We will use our best endeavours to provide notice when we are filming or photographing. You agree your image may be used in our promotional and other business related material. If you do not consent to your image being used in this way, please notify us in writing within 24 hours of the filming and/or photography.

12. Personal and Lost Property

12.1 Although we take care in respect of our security arrangements, we do not accept responsibility for the safety or security of your personal belongings.

12.2 We recommend that you do not bring any valuable personal belongings into The ARC, and that you take all reasonable precautions to protect your other personal belongings whilst at The ARC.

12.3 Any lost property found at The ARC must be immediately handed to our staff. Lost property will be held for four weeks only, after which time, it will be disposed of or given to charity if appropriate.

13. Payments

13.1 You must pay your Application Fee and your Membership Fees by payment method options offered by us at the time such payments are due.

13.2 Any credit/debit card details or direct debit details provided in respect of any payment under these terms and conditions are stored until your Membership ceases.

13.3 Our Direct Debit Dates can be viewed on our website.

13.4 It is your responsibility to ensure any details provided to us remain up to date.

13.5 We reserve the right to charge a reasonable administration fee for rejected payments and issuing duplicate invoices, statements or other documents requested by you.

14. Membership Alteration

14.1 You may apply to alter your Membership by providing to us a completed Contract Change Request Form.

14.2 You must provide at least 14 days’ notice via Contract Change Request Form of your intention to alter your Membership.

14.3 In the instance that your change is to a membership of lesser value or term you will receive additional days of membership added to your minimum term to equal value.

14.4 Any agreed change may only take effect at the end of the relevant payment period, once confirmed in writing by The ARC Campbelltown.

14.5 Teen Membership will need to upgrade to a standard Membership on the day of the Member’s 16th birthday. If the Member fails to provide a completed Contract Change Request Form by such time, we reserve the right to upgrade the Member to the most appropriate standard Membership option.

15. Suspension and Termination

15.1 The ARC

15.1.1 We may suspend or terminate your Membership Benefits or your Membership without notice if:

15.1.1.1 any Membership Fee (in full or in part) is outstanding;

15.1.1.2 you commit any breach of these terms and conditions;

15.1.1.3 you abuse any Membership Benefit;

15.1.1.4 you provide any misleading information or make any misrepresentations to us; or

15.1.1.5 you are otherwise dishonest or fraudulent in your dealings with us.

15.1.2 We may suspend or terminate your Membership Benefits:

15.1.2.1 during any period The ARC is required by law or a government directive to be closed to Members or the general public; or

15.1.2.2 at other times at our discretion.

15.1.3 We will not be responsible for any Liabilities or other consequence arising out of suspension or termination of your Membership Benefits or your Membership.

15.1.4 If we suspend or terminate your Membership under clause 15.1.1 you will not be entitled to any refund of Membership Fees.

15.1.5 We may reinstate your Membership Benefits or Membership at our discretion and on any conditions we consider fit.

15.1.6 If we suspend your Membership under clause 15.1.2 in respect of a particular period:

15.1.6.1 your Membership and your obligation to pay Membership Fees will be suspended for the relevant period;

15.1.6.2 any Membership Fees paid by you in respect of the relevant period will be credited against future Membership Fees;

15.1.6.3 the day your Membership is due to expire will be extended by the number of days in the relevant period; and

15.1.6.4 you may terminate your Membership in accordance with clause 15.2.2.

15.1.7 If we terminate your Membership under clause 15.1.2, any Membership Fees paid by you in respect of any period following the termination will be refunded to you

15.2 You

15.2.1 Suspension

15.2.1.1 You may apply to suspend your Membership by submitting a Membership Suspension Request Form at least three days prior to the desired suspension commencement date.

15.2.1.2 Your suspension will not commence unless you receive a confirmation email from us.

15.2.1.3 You may apply for suspension for a total maximum of 30 days per calendar year.

15.2.1.4 Retrospective applications will not be accepted unless clause 15.2.1.5 applies.

15.2.1.5 If you were unable to use your Membership Benefits due to a medical condition and have a medical certificate from a qualified medical practitioner evidencing the start and end date of the time you were unable to access your Membership Benefits, we may consider a retrospective application for suspension.

15.2.1.6 If your suspension is not confirmed prior to a Direct Debit Date, any Membership Fees paid during the period of suspension will be credited against future payments.

15.2.1.7 The day your Fixed Term Membership is due to expire will be extended by the number of days your Membership is suspended.

15.2.2 Termination

15.2.2.1 You may terminate your Membership by submitting a Membership Cancellation Request Form.

15.2.2.2 Subject to clause 15.2.2.3, termination will take effect at the end of the Membership period during which we have received your Membership Cancellation Request Form.

15.2.2.3 If your membership is ongoing or ‘flexible’, you must provide your Membership Cancellation Request Form at least 14 days before the next Direct Debit Date for your Membership to be terminated at the end of that period. If you fail to meet this timeframe, you must pay the Membership Fee for the next period and your Membership will terminate at the end of that Membership period. No refund will be given in these circumstances.

15.2.2.4 If your Membership is for a fixed or minimum term, subject to clause 15.2.2.5, 15.2.2.6 and 15.2.2.7 you will be required to pay Membership Fees for that term regardless of any earlier termination of your Membership under this clause.

15.2.2.5 If your Membership is for a fixed term of 12 months with direct debit arrangements, we may charge you a Cancellation Fee in lieu of the charges set out in clause 15.2.2.4.

15.2.2.6 If you terminate your Membership as a result of your rights under clause 1.2, 2.7, 4.4, 9.7 or 15.1.6.4 we will waive the requirement for you to pay any future Membership Fee.

15.2.2.7 If you terminate your Membership because your permanent place of residence changes during your Membership and your new permanent place of residence is more than 12 kilometres from The ARC, we may waive the requirement for you to pay any remaining balance of your Membership Fee in our discretion. We reserve the right to request further information or documents to substantiate your change of residence before we agree to waive any remaining Membership Fees.

16. Disclaimer

Except where otherwise required by law (including the Australian Consumer Law):

16.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with your use of The ARC are excluded;

16.2 we do not accept responsibility for any Liabilities which you may incur in connection with your use of The ARC (including Liabilities in connection with any accident or injury suffered by you) and you release us from any Claim relating to such Liabilities;

16.3 we do not accept any responsibility for any Liabilities which you may incur in connection with receiving services from any contractor or tenant at The ARC and you release us from any Claim relating to such Liabilities;

16.4 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with the use of The ARC; and

16.5 you indemnify us against all Liabilities which we may incur and release us from any Claim relating to your use of The ARC.

17. Your Breach

17.1 If we determine that you have, or may have, breached these terms and conditions we may suspend or terminate your right to access The ARC.

17.2 You indemnify us against all Liabilities which we may incur in respect of your breach of these terms and conditions.

17.3 Any breach or threatened breach of these terms and conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.

18. Privacy

18.1 The personal information requested as part of the membership application process is necessary to manage and provide membership services and administer direct debit payments if applicable.

18.2 We will only use, disclose or deal with your information in accordance with our privacy policy.

18.3 You can obtain a copy of our privacy policy from our website, by email (arc@campbelltown.sa.gov.au) or post (PO Box 1, Campbelltown SA 5074).

19. Contact Us

Please do not hesitate to speak to our friendly staff or email us at arc@campbelltown.sa.gov.au about any queries, comments or requests for information you may have regarding these terms and conditions.

20. General

20.1 These terms and conditions cover the entire agreement and understanding between you and us with respect to your use of The ARC and supersede any prior agreement or understanding.

20.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

20.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

20.4 Any indemnity or release in these terms and conditions survives termination of access to or closure of The ARC.

20.5 The validity and interpretation of these terms and conditions are governed by the laws of South Australia. Any dispute in connection with these terms and conditions is subject to the exclusive jurisdiction of the courts of South Australia.

21. Definitions

In these Terms and Conditions unless the context otherwise requires:

21.1 Application Fee means any fee payable in connection with an application for Membership as determined by us from time to time (if any).

21.2 Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). 21.3 Cancellation Fee means half of the remaining Membership Fee owing on a fixed term 12 month Membership with direct debit arrangements.

21.4 Centre Rules means the Centre Rules from time to time displayed at The ARC and on our website.

21.5 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.

21.6 Conditions of Entry means the Conditions of Entry from time to time displayed at The ARC and on our website.

21.7 Contract Change Request Form means the contract change request form located on our website from time to time.

21.8 Direct Debit Dates means the dates displayed on the direct debit calendar on our website from time to time.

21.9 Equipment means all health, fitness and training plant and equipment located at The ARC.

21.10 GST means the goods and services tax imposed under A New Tax System (Goods And Services Tax) Act 1999 (Cth).

21.11 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.

21.12 Member means any person who applies to become a Member as permitted under these terms and conditions and Membership has a corresponding meaning.

21.13 Member Benefit means benefits of Membership as provided in these terms and conditions.

21.14 Membership Application Form means an application for Membership in a form we approve from time to time.

21.15 Membership Card means any identification or other card issued by us to a person in connection with that person’s Membership.

21.16 Membership Cancellation Request Form means the membership cancellation request form located on our website from time to time.

21.17 Membership Fee means a fee for an annual or other periodic Membership as determined by us from time to time.

21.18 Membership Suspension Request Form means the membership suspension request form located on our website from time to time.

21.19 Other Users means a third party using The ARC.

21.20 our, we, and us refers to the Corporation of the City of Campbelltown trading as The Arc Campbelltown.

21.21 The ARC means our leisure centre and health facilities operated at 531 Lower North East Road, Campbelltown, South Australia, and where the circumstances require or permit, includes the Equipment.

21.22 you, your and yourself refers to any person applying for Membership or using The ARC, and includes a person paying for the use of The ARC or making a payment under these Conditions, whether by cash, credit/debit card or by any other means.

22. Interpretation

In these terms and conditions unless the context otherwise requires:

22.1 headings do not affect interpretation;

22.2 singular includes plural and plural includes singular;

22.3 a reference to a party includes its executors, administrators, successors and permitted assigns;

22.4 a reference to a person includes a partnership, corporation, association, government body and any other entity;

22.5 a provision is not to be construed against us only because we prepared it.