1. DEFINITIONS

Agreement means the agreement between Us and You regarding membership at AU Sport Facilities including these terms and conditions as amended from time to time and the Membership Application.

Commencement Date means the date specified as such on the Membership Application.

Expiry Date means the date specified as such on the Membership Application.

Facility means the health and fitness facilities situated on Adelaide University campuses including:

• City East Campus, Level 2 (C2-14) Centenary Building, Adelaide SA 5000

• City East Campus, Level 4 Union House, Adelaide SA 5000

• Magill Campus, E building, Magill SA, 5072

• Mawson Lakes Campus, B1-02, Mawson Lakes, SA, 5095

• City West Campus, Pridham Hall, PH2-15,  City West, SA, 5000

• Roseworthy Campus, Mudla Wirra Rd, Roseworthy, SA, 5371

• Waite Campus, Urrbrae, SA, 5064

and for the purposes of the application of these Terms and Conditions to You, “Facility” means, either, the single Facility indicated in your Membership Application, or every Facility if you have selected “All Locations” in your Membership Application.

Membership Application means Your application to be a member of a Facility subject to these terms and conditions.

Membership means the non-transferable status that grants You access to either, the single Facility indicated in your Membership Application, or each Facility listed above if you have selected “All Locations” in your Membership Application, and services in accordance with this Agreement.

Membership Card/Fob means the access card or fob provided to You for entry into the Facility.

Membership Fees means the charges set out in the Membership Application as amended and updated from time to time in accordance with these terms and conditions.

Parent/Guardian means the person identified in the Membership Application as the parent/guardian of the applicant.

We/Us/Our means Adelaide University ABN: 41 202 953 738 (University) and Adelaide University Sport and Fitness Association Incorporated ABN: 92 486 723 757 (AUSF)

You or Your refers to the applicant named in the Membership Application. If the applicant is under 18 years old, it also includes the Parent/Guardian

2. TERM

2.1 The Agreement will commence on the Commencement Date and continue until the Expiry Date, unless terminated earlier in accordance with this Agreement.

3. FEES AND TERMS AND VARIATIONS

3.1  You agree to pay all Membership Fees.

3.2  We may vary or update from time to time in our discretion: (a) Membership Fees and (b) these Terms and Conditions, and will give You at least 14 days’ prior written notice prior to doing so (Variation).

3.3  If We email You notice of any Variation, You will be deemed to have received the notice on the day on which the notice is emailed to You (and to have accepted the Variation at the end of the 14 day notice period), unless We receive notification that the email transmission was not successful. It is Your responsibility to notify Us of a change to your details (including your postal and email address). You acknowledge that it will not give rise to a breach of these Terms and Conditions by Us if You do not notify Us of a change in Your details and You do not receive notices sent by Us.

4. TERMINATION

4.1 Subject to clause 4.2, We may terminate the Agreement by providing at least 14 days’ prior written notice to You. Upon such termination We will refund You the Membership Fees which are attributable to the remaining period of membership until the Expiry Date.

4.2  We may terminate Your membership immediately by providing written notice to You if You breach the Agreement. Upon such termination We will refund You the Membership Fees which are attributable to the remaining period of membership until the Expiry Date.

4.3 You may terminate this Agreement by providing written notice within the seven-day cooling-off period from the Commencement Date. In such cases, a full refund will be issued to You.

4.4 You may also apply to terminate the Agreement by giving notice in writing, if the Facility is no longer providing the same facilities that were provided as at the Commencement Date (e.g. significant reduction in equipment provided, reduced operating hours). We will consider such application in good faith, but may reject the application if We consider that the Facility provides the same or substantially similar facilities to those provided at the date of Your membership application. If the application to terminate under this clause 4.4 is accepted, We will refund You the Membership Fees which are attributable to the remaining period of Your membership until the Expiry Date.

4.5  You may terminate this Agreement with immediate effect at any time by providing a written medical certificate stating the reason you are no longer able to undertake exercise and therefore cannot continue Your Membership. If the application to terminate under this clause 4.5 is accepted, We will refund You the Membership Fees which are attributable to the remaining period of membership until the Expiry Date.

4.6  Refunds will be provided to You by EFT transfer within 28 days from the date on which we acknowledge Your notice of termination (subject to You providing in writing account details for effecting the EFT transfer).  

5. SUSPENSION

5.1 You may suspend Your Membership Agreement for a minimum of 1 week and a maximum of 12 weeks per Term. Suspension requests must be submitted at least 3 days before the intended start date and in writing either by email or in person at the Facility.

5.2 The first 4 weeks of suspension per Term are free. After that, a fee of $5 per week will apply for additional suspension weeks, up to a maximum of 12 weeks.

5.3  All medical suspensions are free of charge upon the presentation of a valid medical certificate that covers all requested dates of suspension.

5.4  Suspensions, including for medical reasons, cannot be back-dated.

5.5  You acknowledge that if You are unable to attend the Facility for any period during Your Membership without having arranged a suspension in advance, then You will not be entitled to any refund or compensation, and We will not be liable to reimburse any fees or payments already made.

6. USE OF THE FACILITY

6.1 You agree to comply with all the Facility conditions of entry and code of conduct (including signs displayed in a Facility). These may include, but are not limited to, hygiene standards, appropriate attire, respectful behaviour towards staff and other members, equipment usage and any health and safety requirements. The Facility reserves the right to amend these rules at any time and to take appropriate action, including termination of this Agreement, for any breaches. Policies applying to the Facility are available www.adelaideunisport.com.au/about/governance

6.2  You are responsible for ensuring that You understand the correct use of equipment provided at each Facility.

6.3 You must report any damaged or non-functioning equipment to Us. You will be liable for the cost of any damage caused by You to the Facility or any equipment or other property in the Facility, whether wilful or negligent.

6.4  You must present Your Membership Card/Fob when entering the Facility. We reserve the right to deny You entry or access to the Facility if You fail to present Your Membership Card/Fob upon request.

6.5  You must promptly notify Us of any changes to Your address, phone number, email, bank account or credit card details for payments, and any other personal information relevant to Your Membership.

6.6  We may charge You an administration fee of $10 for the replacement of a lost, stolen or damaged Membership Card/Fob.

6.7  We do provide lockers for storage of Your property whilst You are using the Facility. Your use of the lockers is at Your own discretion and risk. You release Us from any claim or liability in regard to the theft, damage or loss of property from a Facility, including property stored in a locker.

7. YOUR AGE AND PHYSICAL CONDITION

7.1  To access the gym Facility and enter into this Agreement, You must be at least 16 years old. To access the pool Facility and enter into this Agreement, You must be at least 5 years old, in accordance with Watch Around Water guidelines.

7.2 Any applicant aged 17 years or younger, the Agreement must be read and co-signed in person by a Parent/Guardian at the Facility. By signing as a Parent or Guardian, You confirm that You are the applicant’s Parent/Guardian, that You have read and understood the Agreement, agree to be bound by this Agreement, and accept responsibility for ensuring the applicant complies with the Agreement.

7.3  Unless Your Agreement is co-signed by a parent or guardian as required under clause 7.2, you represent and warrant to Us, that unless You have disclosed otherwise in writing, You are at least 18 years old on the Commencement Date and are not subject to any legal disability that would prevent You from entering into or being bound by this Agreement.

7.4  You are responsible for ensuring that You do not use the Facility or its equipment in any way which may injure You, adversely affect any medical condition from which You suffer or otherwise cause You harm. You represent and warrant to Us that You are not aware of any physical, medical or other disability or condition which may be aggravated or affected, or which may cause You to suffer injury, illness or death, as a direct or indirect result of the use of the Facility.

7.5  You agree to not use a Facility if You are experiencing an infectious/contagious illness or disease, or if You have any physical conditions such as open cuts, sores, or infections that could pose a risk to other members health.

8. INDEMNITY

8.1 Your use of the Facility is at Your own risk and You acknowledge that the use of the Facility may involve injury or harm to You.

8.2 You agree to indemnify, to keep indemnified and to hold harmless Us, its employees and agents from and against all claims, demands, actions, costs, losses and expenses which may be incurred directly or indirectly by reason of and in relation to Your use of the Facility.

8.3 You hereby, to the full extent permitted by law, waive all of Your rights of action against and fully release the University and AUSF for any loss, damage, injury or death howsoever arising out of or in relation to Your use of the Facility, other than loss, damage, injury or death caused by Our negligence.

8.4 We accept no responsibility and exclude all liability whether direct or indirect arising out of any loss, damage or theft that You may suffer in respect of personal belongings and effects during or in relation to Your use of the Facility.

9. PRIVACY STATEMENT

9.1  Each of the University and AUSF will collect and handle personal information about You, including to review Your Membership Application and, if accepted, to establish and manage Your membership, to keep You informed about events and offers from Us and to obtain Your feedback, and otherwise in accordance with the University’s Privacy Policy (see link below). Each of the University and AUSF may collect sensitive information (such as health information) from You (or We may collect if from each other after You have disclosed it to one of Us), for example, if You request to suspend Your membership. We may disclose Your personal information for these purposes as between Ourselves, to third parties (such as Our contractors who provide services to Us) and as otherwise permitted or required by law. Generally, We do not disclose Your personal information to recipients located overseas except as permitted or required by law.

9.2  If You do not provide the requested personal information, We may be unable to offer You the service or products You seek (for example, provide You with a Membership) or otherwise respond to or deal with Your enquiry (for example, in relation to suspension of a membership on medical grounds).

9.3  The University’s Privacy Policy located on the University’s website https://adelaideuni.edu.au/about/policies/privacy-policy/ contains additional information about the way We will handle personal information, including how You may seek access to, or correction of, personal information that We hold about You, and how You can complain about how We handle Your personal information and how We will deal with Your complaint. If You would like further information You should view the Privacy Policy as above or contact Us at legalcompliance@adelaide.edu.au

10. GOVERNING LAW

10.1 The Agreement is governed by and will be construed in accordance with the laws of South Australia.

1. DEFINITIONS

Agreement means the agreement between Us and You regarding membership at AU Sport Facilities including these terms and conditions as amended from time to time and the Membership Application.

Commencement Date means the date specified as such on the Membership Application.

Facility means the health and fitness facilities situated on Adelaide University campuses including:

• City East Campus, Level 2 (C2-14) Centenary Building, Adelaide SA 5000

• City East Campus, Level 4 Union House, Adelaide SA 5000

• Magill Campus, E building, Magill SA, 5072

• Mawson Lakes Campus, B1-02, Mawson Lakes, SA, 5095

• City West Campus, Pridham Hall, PH2-15,  City West, SA, 5000

• Roseworthy Campus, Mudla Wirra Rd, Roseworthy, SA, 5371

• Waite Campus, Urrbrae, SA, 5064

and for the purposes of the application of these Terms and Conditions to You, “Facility” means, either, the single Facility indicated in your Membership Application, or every Facility if you have selected “All Locations” in your Membership Application.

Membership Application means Your application to be a member of a Facility subject to these terms and conditions.

Membership means the non-transferable status that grants You access to either, the single Facility indicated in your Membership Application, or each Facility listed above if you have selected “All Locations” in your Membership Application, and services in accordance with this Agreement.

Membership Card/Fob means the access card or fob provided to You for entry into the Facility.

Membership Fees means the charges set out in the Membership Application as amended and updated from time to time in accordance with these terms and conditions.

Supply Period means 14 day period between direct debit payments.

Direct Debit Service Provider means Mindbody ABN: 95 161 549 006

Parent/Guardian means the person identified in the Membership Application as the parent/guardian of the applicant.

We/Us/Our means Adelaide University ABN: 41 202 953 738 (University) and Adelaide University Sport and Fitness Association Incorporated ABN: 92 486 723 757 (AUSF)

You or Your refers to the applicant named in the Membership Application. If the applicant is under 18 years old, it also includes the Parent/Guardian

2. TERM

2.1  This Membership Agreement is a Periodic Agreement under the Health and Fitness Industry Code 2007. It is a legally binding Agreement. We agree to provide you with a signed copy of this Agreement as soon as practicable after you have signed it.

2.2  This Agreement will commence on the Commencement Date and continues until terminated in accordance with clause 4.1 and 4.2.

3. MEMBERSHIP FEES AND VARIATIONS

3.1  You agree to pay all Membership Fees as set out in the Membership Application.

3.2  Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.

3.3  We may vary or update from time to time in our discretion: (a) Membership Fees and (b) these Terms and Conditions, and will give You at least 14 days’ prior written notice prior to doing so (Variation).

3.4  If We email You notice of any Variation, You will be deemed to have received the notice on the day on which the notice is emailed to You (and to have accepted the Variation at the end of the 14 day notice period), unless We receive notification that the email transmission was not successful. It is Your responsibility to notify Us of a change to your details (including your postal and email address). You acknowledge that it will not give rise to a breach of these Terms and Conditions by Us if You do not notify Us of a change in Your details and You do not receive notices sent by Us.

4. TERMINATION

4.1  You acknowledge that it is Your responsibility to cancel this ongoing Membership Agreement. The Agreement will not automatically terminate if You stop using the Facility. To terminate the Agreement, You must provide written notice, either by email or in person at the Facility.

4.2  If You end this Agreement under clause 4.1, Your termination will take effect at the end of the Supply Period immediately after the one in which You give written notice. This means You need to pay for one full Supply Period after giving notice. You also need to pay for the current Supply Period in full, and no refunds will be given for any direct debit payments made during this time.

4.3 Subject to clause 4.4, We may terminate the Agreement by providing two weeks’ written notice to You. Upon such termination We will refund You the Fees which are attributable to the remaining portion of the Supply Period.

4.4  We may terminate Your membership immediately by providing written notice to You if You breach the Agreement. Upon such termination We will refund You the Membership Fees which are attributable to the remaining portion of the current Supply Period.

4.5 You may terminate this Agreement by providing written notice within the seven-day cooling-off period from the Commencement Date. In such cases, a full refund will be issued to You.

4.6 You may also apply to terminate the Agreement by giving notice in writing, if the Facility is no longer providing the same facilities that were provided as at the Commencement Date (e.g. significant reduction in equipment provided, reduced operating hours). We will consider such application in good faith, but may reject the application if We consider that the Facility provides the same or substantially similar facilities to those provided at the date of Your membership application. If the application to terminate under this clause 4.6 is accepted, We will refund You the Membership Fees which are attributable to the remaining portion of the current Supply Period.

4.7  You may terminate this Agreement with immediate effect at any time by providing a written medical certificate stating the reason you are no longer able to undertake exercise and therefore cannot continue your Membership. If the application to terminate under this clause 4.7 is accepted, We will refund You the Membership Fees which are attributable to the remaining portion of the current Supply Period.

4.8  Refunds will be provided to You by EFT transfer within 28 days from the date on which we acknowledge Your notice of termination (subject to You providing in writing account details for effecting the EFT transfer). 

5. DIRECT DEBIT TERMS & FEES

5.1  The Fees payable by You, as set out in the Agreement, include a one-time administration Fee due at the commencement of the Membership Agreement, and an ongoing fee payable each Supply Period until the Agreement is terminated. You agree to pay the Fees regardless of whether you use the Facility, unless otherwise agreed in writing by Us.

5.2  The Membership Fees must be paid in advance, with each payment granting you access to the Facility for the corresponding Supply Period.

5.3  You acknowledge that payment will be made in advance through the Direct Debit Service Provider - Mindbody. You confirm that you have received a copy of the Direct Debit Service Provider’s terms and conditions. You acknowledge that the Direct Debit Service Provider may amend these terms and conditions from time to time by providing 30 days' notice.

5.4  If you fail to pay the Membership Fees by the due date, We reserve the right to deny You access to the Facility. If You have three consecutive failed payments, Your membership will be cancelled immediately and You will only be permitted to rejoin a Facility once the outstanding amount has been paid in full.

5.5  You acknowledge that it is Your responsibility to cancel any direct debit arrangements related to Your membership upon termination of this Agreement.

5.6  We may, at Our sole discretion, vary the Membership Fees at any time, but We will provide You with at least two weeks’ notice before doing so. If We send this notice by email, it will be deemed received on the date it is sent, unless We receive a notification that the email was not successfully delivered. It is Your responsibility to inform Us of any changes to Your contact details, including Your email address. You acknowledge that We will not be in breach of this Agreement if You fail to update Your details and consequently do not receive any notices sent.

6. SUSPENSION

6.1 You may suspend Your Membership Agreement for a minimum of 1 week and a maximum of 12 weeks per calendar year. Suspension requests must be submitted at least 3 days before the intended start date and in writing either by email or in person at the Facility.

6.2 The first 4 weeks of suspension per calendar year are free. After that, a fee of $5 per week will apply for additional suspension weeks, up to a maximum of 12 weeks.

6.3  All medical suspensions are free of charge upon the presentation of a valid medical certificate that covers all requested dates of suspension.

6.4  Suspensions, including for medical reasons, cannot be back-dated.

6.5  You acknowledge that if You are unable to attend the Facility for any period during their Membership without having arranged a suspension in advance, then You will not be entitled to any refund or compensation, and We will not be liable to reimburse any fees or payments already made.

7. USE OF THE FACILITY

7.1 You agree to comply with all the Facility conditions of entry and code of conduct (including signs displayed in a Facility). These may include, but are not limited to, hygiene standards, appropriate attire, respectful behaviour towards staff and other members, equipment usage and any health and safety requirements. The Facility reserves the right to amend these rules at any time and to take appropriate action, including termination of this Agreement, for any breaches. Policies applying to the Facility are available www.adelaideunisport.com.au/about/governance

7.2  You are responsible for ensuring that You understand the correct use of equipment provided at each Facility.

7.3 You must report any damaged or non-functioning equipment to Us. You will be liable for the cost of any damage caused by You to the Facility or any equipment or other property in the Facility, whether wilful or negligent.

7.4  You must present your Membership Card/Fob when entering the Facility. We reserve the right to deny You entry or access to the Facility if You fail to present Your Membership Card/Fob upon request.

7.5  You must promptly notify Us of any changes to Your address, phone number, email, bank account or credit card details for payments, and any other personal information relevant to Your Membership.

7.6  We may charge You an administration fee of $25 for the replacement of a lost, stolen or damaged Membership Card/Fob.

7.7  We do provide lockers for storage of Your property whilst You are using the Facility. Your use of the lockers is at Your own discretion and risk. You release Us from any claim or liability in regard to the theft, damage or loss of property from a Facility, including property stored in a locker.

8. YOUR AGE AND PHYSICAL CONDITION

8.1  To access the gym Facility and enter into this Agreement, You must be at least 16 years old. To access the pool Facility and enter into this Agreement, You must be at least 5 years old, in accordance with Watch Around Water guidelines.

8.2 Any applicant aged 17 years or younger, the Agreement must be read and co-signed in person by a Parent/Guardian at the Facility. By signing as a Parent or Guardian, You confirm that You are the applicant’s Parent/Guardian, that You have read and understood the Agreement, agree to be bound by this Agreement, and accept responsibility for ensuring the applicant complies with the Agreement.

8.3  Unless Your Agreement is co-signed by a parent or guardian as required under clause 8.2, you represent and warrant to Us, that unless you have disclosed otherwise in writing, You are at least 18 years old on the Commencement Date and are not subject to any legal disability that would prevent You from entering into or being bound by this Agreement.

8.4  You are responsible for ensuring that You do not use the Facility or its equipment in any way which may injure You, adversely affect any medical condition from which You suffer or otherwise cause You harm. You represent and warrant to Us that You are not aware of any physical, medical or other disability or condition which may be aggravated or affected, or which may cause You to suffer injury, illness or death, as a direct or indirect result of the use of the Facility.

8.5  You agree to not use a Facility if You are experiencing an infectious/contagious illness or disease, or if You have any physical conditions such as open cuts, sores, or infections that could pose a risk to other members health.

9. INDEMNITY

9.1 Your use of the Facility is at Your own risk and You acknowledge that the use of the Facility may involve injury or harm to You.

9.2 You agree to indemnify, to keep indemnified and to hold harmless Us, its employees and agents from and against all claims, demands, actions, costs, losses and expenses which may be incurred directly or indirectly by reason of and in relation to Your use of the Facility.

9.3 You hereby, to the full extent permitted by law, waive all of Your rights of action against and fully release the University and AUSF for any loss, damage, injury or death howsoever arising out of or in relation to Your use of the Facility, other than loss, damage, injury or death caused by Our negligence.

9.4 We accept no responsibility and exclude all liability whether direct or indirect arising out of any loss, damage or theft that You may suffer in respect of personal belongings and effects during or in relation to Your use of the Facility.

10. PRIVACY STATEMENT

10.1 Each of the University and AUSF will collect and handle personal information about You, including to review Your Membership Application and, if accepted, to establish and manage Your membership, to keep You informed about events and offers from Us and to obtain Your feedback, and otherwise in accordance with the University’s Privacy Policy (see link below). Each of the University and AUSF may collect sensitive information (such as health information) from You (or We may collect if from each other after You have disclosed it to one of Us), for example, if You request to suspend Your membership. We may disclose Your personal information for these purposes as between Ourselves, to third parties (such as Our contractors who provide services to Us) and as otherwise permitted or required by law. Generally, We do not disclose Your personal information to recipients located overseas except as permitted or required by law.

10.2 If You do not provide the requested personal information, We may be unable to offer You the service or products You seek (for example, provide You with a Membership) or otherwise respond to or deal with Your enquiry (for example, in relation to suspension of a membership on medical grounds).

10.3 The University’s Privacy Policy located on the University’s website https://adelaideuni.edu.au/about/policies/privacy-policy/ contains additional information about the way We will handle personal information, including how You may seek access to, or correction of, personal information that We hold about You, and how You can complain about how We handle Your personal information and how We will deal with Your complaint. If You would like further information You should view the Privacy Policy as above or contact Us at legalcompliance@adelaide.edu.au

11. GOVERNING LAW

11.1 The Agreement is governed by and will be construed in accordance with the laws of South Australia.

1. DEFINITIONS

Agreement means the agreement between Us and You regarding membership at AU Sport Facilities including these terms and conditions as amended from time to time and the Membership Application.

Commencement Date means the date specified as such on the Membership Application.

Expiry Date means the date specified as such on the Membership Application.

Facility means the health and fitness facilities situated on Adelaide University campuses including:

• City East Campus, Level 2 (C2-14) Centenary Building, Adelaide SA 5000

• City East Campus, Level 4 Union House, Adelaide SA 5000

• Magill Campus, E building, Magill SA, 5072

• Mawson Lakes Campus, B1-02, Mawson Lakes, SA, 5095

• City West Campus, Pridham Hall, PH2-15,  City West, SA, 5000

• Roseworthy Campus, Mudla Wirra Rd, Roseworthy, SA, 5371

• Waite Campus, Urrbrae, SA, 5064

and for the purposes of the application of these Terms and Conditions to You, “Facility” means, either, the single Facility indicated in your Membership Application, or every Facility if you have selected “All Locations” in your Membership Application.

Membership Application means Your application to be a member of a Facility subject to these terms and conditions.

Membership means the non-transferable status that grants You access to either, the single Facility indicated in your Membership Application, or each Facility listed above if you have selected “All Locations” in your Membership Application, and services in accordance with this Agreement.

Visit Pass means a prepaid package granting a fixed number of individual visits or sessions.

Membership Card/Fob means the access card or fob provided to You for entry into the Facility.

Membership Fees means the charges set out in the Membership Application as amended and updated from time to time in accordance with these terms and conditions.

Parent/Guardian means the person identified in the Membership Application as the parent/guardian of the applicant.

We/Us/Our means Adelaide University ABN: 41 202 953 738 (University) and Adelaide University Sport and Fitness Association Incorporated ABN: 92 486 723 757 (AUSF)

You or Your refers to the applicant named in the Membership Application. If the applicant is under 18 years old, it also includes the Parent/Guardian.

2. TERM

2.1 The Agreement will commence on the Commencement Date and continue until the Expiry Date. Visit Passes are valid for 12 months from the Commencement Date, unless terminated earlier in accordance with this Agreement.

2.2 Any unused visits remaining on the Visit Pass at the time of expiry will be forfeited. We are not liable to provide a refund for any unused visits.

3. FEES AND TERMS AND VARIATIONS

3.1 You agree to pay all Membership Fees as set out in the Membership Application.

3.2 We may vary or update from time to time in our discretion: (a) Membership Fees and (b) these Terms and Conditions and will give You at least 14 days’ prior written notice prior to doing so (Variation).

3.3 If We email You notice of any Variation, You will be deemed to have received the notice on the day on which the notice is emailed to You (and to have accepted the Variation at the end of the 14 day notice period), unless We receive notification that the email transmission was not successful. It is Your responsibility to notify Us of a change to your details (including your postal and email address). You acknowledge that it will not give rise to a breach of these Terms and Conditions by Us if You do not notify Us of a change in Your details and You do not receive notices sent by Us.

4. TERMINATION

4.1 Subject to clause 4.2, We may terminate the Agreement by giving at least 14 days written notice. If the Agreement is terminated, We will refund You for any unused visits remaining on Your visit pass at the time of termination.

4.2  We may terminate Your membership immediately by providing written notice to You if You breach the Agreement. Upon such termination We will refund You for any unused visits remaining on Your Visit Pass at the time of termination.

4.3 You may terminate this Agreement by providing written notice within the seven-day cooling-off period from the Commencement Date. In such cases, a full refund will be issued to You.

4.4 You may apply to terminate the Agreement by giving notice in writing, if the Facility is no longer providing the same facilities that were provided as at the Commencement Date (e.g. significant reduction in equipment provided, reduced operating hours). We will consider such application in good faith, but may reject the application if We consider that the Facility provides the same or substantially similar facilities to those provided at the date of Your membership application. If the application to terminate under this clause 4.4 is accepted, We will refund You for any unused visits remaining on Your visit pass at the time of termination.

4.5  You may terminate this Agreement with immediate effect at any time by providing a written medical certificate stating the reason You are no longer able to undertake exercise and therefore cannot continue Your Membership. If the application to terminate under this clause 4.5 is accepted, We will refund You for any unused visits remaining on Your visit pass at the time of termination.

4.6  Refunds will be provided to You by EFT transfer within 28 days from the date on which we acknowledge Your notice of termination (subject to You providing in writing account details for effecting the EFT transfer).  

5. SUSPENSION

5.1  A Visit Pass can only be suspended for medical reasons. Medical suspensions are free of charge upon presentation of a valid medical certificate covering all requested suspension dates.

5.2  Medical suspensions are only valid from the date the certificate is provided. They cannot be back-dated.

6. USE OF THE FACILITY

6.1 One visit deducted from a Visit Pass entitles You to one visit or session per use. Each time You visit, You must present Your Membership Card/Fob upon entry to ensure Your visit is properly deducted. The visit pass will expire once all visits have been used or upon the expiry date, whichever comes first.

6.2  You agree to comply with all the Facility conditions of entry and code of conduct (including signs displayed in a Facility). These may include, but are not limited to, hygiene standards, appropriate attire, respectful behaviour towards staff and other members, equipment usage and any health and safety requirements. The Facility reserves the right to amend these rules at any time and to take appropriate action, including termination of this Agreement, for any breaches. Policies applying to the Facility are available www.adelaideunisport.com.au/about/governance

6.3  You are responsible for ensuring that You understand the correct use of equipment provided at each Facility.

6.4 You must report any damaged or non-functioning equipment to Us. You will be liable for the cost of any damage caused by You to the Facility or any equipment or other property in the Facility, whether wilful or negligent.

6.5  You must present Your Membership Card/Fob when entering the Facility. We reserve the right to deny You entry or access to the Facility if You fail to present Your Membership Card/Fob upon request.

6.6  You must promptly notify Us of any changes to Your address, phone number, email, bank account or credit card details for payments, and any other personal information relevant to Your Membership.

6.7  We may charge You an administration fee of $25 for the replacement of a lost, stolen or damaged Membership Card/Fob.

6.8  We do provide lockers for storage of Your property whilst You are using the Facility. Your use of the lockers is at Your own discretion and risk. You release Us from any claim or liability in regard to the theft, damage or loss of property from a Facility, including property stored in a locker.

7. YOUR AGE AND PHYSICAL CONDITION

7.1  To access the gym Facility and enter into this Agreement, You must be at least 16 years old. To access the pool Facility and enter into this Agreement, You must be at least 5 years old, in accordance with Watch Around Water guidelines.

7.2 Any applicant aged 17 years or younger, the Agreement must be read and co-signed in person by a Parent/Guardian at the Facility. By signing as a Parent or Guardian, You confirm that You are the applicant’s Parent/Guardian, that You have read and understood the Agreement, agree to be bound by this Agreement, and accept responsibility for ensuring the applicant complies with the Agreement.

7.3  Unless Your Agreement is co-signed by a parent or guardian as required under clause 7.2, you represent and warrant to Us, that unless You have disclosed otherwise in writing, You are at least 18 years old on the Commencement Date and are not subject to any legal disability that would prevent You from entering into or being bound by this Agreement.

7.4  You are responsible for ensuring that You do not use the Facility or its equipment in any way which may injure You, adversely affect any medical condition from which You suffer or otherwise cause You harm. You represent and warrant to Us that You are not aware of any physical, medical or other disability or condition which may be aggravated or affected, or which may cause You to suffer injury, illness or death, as a direct or indirect result of the use of the Facility.

7.5  You agree to not use a Facility if You are experiencing an infectious/contagious illness or disease, or if You have any physical conditions such as open cuts, sores, or infections that could pose a risk to other members health.

8. INDEMNITY

8.1 Your use of the Facility is at Your own risk and You acknowledge that the use of the Facility may involve injury or harm to You.

8.2 You agree to indemnify, to keep indemnified and to hold harmless Us, its employees and agents from and against all claims, demands, actions, costs, losses and expenses which may be incurred directly or indirectly by reason of and in relation to Your use of the Facility.

8.3 You hereby, to the full extent permitted by law, waive all of Your rights of action against and fully release the University and AUSF for any loss, damage, injury or death howsoever arising out of or in relation to Your use of the Facility, other than loss, damage, injury or death caused by Our negligence.

8.4 We accept no responsibility and exclude all liability whether direct or indirect arising out of any loss, damage or theft that You may suffer in respect of personal belongings and effects during or in relation to Your use of the Facility.

9. PRIVACY STATEMENT

9.1  Each of the University and AUSF will collect and handle personal information about You, including to review Your Membership Application and, if accepted, to establish and manage Your membership, to keep You informed about events and offers from Us and to obtain Your feedback, and otherwise in accordance with the University’s Privacy Policy (see link below). Each of the University and AUSF may collect sensitive information (such as health information) from You (or We may collect if from each other after You have disclosed it to one of Us), for example, if You request to suspend Your membership. We may disclose Your personal information for these purposes as between Ourselves, to third parties (such as Our contractors who provide services to Us) and as otherwise permitted or required by law. Generally, We do not disclose Your personal information to recipients located overseas except as permitted or required by law.

9.2  If You do not provide the requested personal information, We may be unable to offer You the service or products You seek (for example, provide You with a Membership) or otherwise respond to or deal with Your enquiry (for example, in relation to suspension of a membership on medical grounds).

9.3  The University’s Privacy Policy located on the University’s website https://adelaideuni.edu.au/about/policies/privacy-policy/ contains additional information about the way We will handle personal information, including how You may seek access to, or correction of, personal information that We hold about You, and how You can complain about how We handle Your personal information and how We will deal with Your complaint. If You would like further information You should view the Privacy Policy as above or contact Us at legalcompliance@adelaide.edu.au

10. GOVERNING LAW

10.1 The Agreement is governed by and will be construed in accordance with the laws of South Australia.

1. DEFINITIONS

Agreement means the agreement between Us and You regarding membership at AU Sport Facilities including these terms and conditions as amended from time to time and the Membership Application.

Commencement Date means the date specified as such on the Membership Application.

Expiry Date means the date specified as such on the Membership Application.

Facility means the health and fitness facilities situated on Adelaide University campuses including:

• City West Campus, Pridham Hall, PH2-15,  City West, SA, 5000

Membership Application means Your application to be a member of a Facility subject to these terms and conditions.

Membership means the non-transferable status that grants You access to either, the single Facility indicated in your Membership Application, or each Facility listed above if you have selected “All Locations” in your Membership Application, and services in accordance with this Agreement.

Membership Card/Fob means the access card or fob provided to You for entry into the Facility.

Membership Fees means the charges set out in the Membership Application as amended and updated from time to time in accordance with these terms and conditions.

Parent/Guardian means the person identified in the Membership Application as the parent/guardian of the applicant.

We/Us/Our means Adelaide University ABN: 41 202 953 738 (University) and Adelaide University Sport and Fitness Association Incorporated ABN: 92 486 723 757 (AUSF)

You or Your refers to the applicant named in the Membership Application. If the applicant is under 18 years old, it also includes the Parent/Guardian 

2. TERM

2.1 The Agreement will commence on the Commencement Date and continue until the Expiry Date, unless terminated earlier in accordance with this Agreement.

3. FEES AND VARIATIONS

3.1  You agree to pay all Membership Fees as set out in the Membership Application.

3.2   We may vary or update from time to time in our discretion: (a) Membership Fees and (b) these Terms and Conditions, and will give You at least 14 days’ prior written notice prior to doing so (Variation).

3.3   If We email You notice of any Variation, You will be deemed to have received the notice on the day on which the notice is emailed to You (and to have accepted the Variation at the end of the 14 day notice period), unless We receive notification that the email transmission was not successful. It is Your responsibility to notify Us of a change to your details (including your postal and email address). You acknowledge that it will not give rise to a breach of these Terms and Conditions by Us if You do not notify Us of a change in Your details and You do not receive notices sent by Us. 

4. TERMINATION

4.1  Subject to clause 4.2, We may terminate the Agreement by giving You at least 14 days’ written notice. If the Agreement is terminated, We will refund You for any unused swimming lessons at the time of termination.

4.2  We may terminate Your membership immediately by providing written notice to You if You breach the Agreement. Upon such termination, We will refund You for any unused swimming lessons at the time of termination.

4.3 You may terminate this Agreement by providing written notice within the seven-day cooling-off period from the Commencement Date. In such cases, a full refund will be issued to You.

4.4 You may apply to terminate the Agreement by giving notice in writing, if the Facility is no longer providing the same facilities that were provided as at the Commencement Date (e.g. significant reduction in equipment provided, reduced operating hours). We will consider such application in good faith, but may reject the application if We consider that the Facility provides the same or substantially similar facilities to those provided at the date of Your membership application. If the application to terminate under this clause 4.4 is accepted, We will refund You for any unused swimming lessons at the time of termination.

4.5  You may terminate this Agreement with immediate effect at any time by providing a written medical certificate stating the reason You are no longer able to undertake exercise and therefore cannot continue Your Membership. If the application to terminate under this clause 4.5 is accepted, We will refund You for any unused swimming lessons at the time of termination.

4.6  Refunds will be provided to You by EFT transfer within 28 days from the date on which we acknowledge Your notice of termination (subject to You providing in writing account details for effecting the EFT transfer).  

5. MISSED LESSON / MAKE-UP LESSONS

5.1 Every student can use up to a maximum of 2 make-up lessons per block of lessons purchased. To schedule a make-up lessons please email XXX prior to the class commencing.

5.2 Make-up class availability is subject to class capacity, which varies depending on time, day, and season.

5.3 Medical suspensions are available for students who are unable to attend there more consecutive lessons. Medical suspensions must be arranged prior to the missed lesson in writing (in-person form or email) and be accompanied by a supporting medical certificate. 

6. USE OF THE FACILITY

6.1 You agree to comply with all the Facility conditions of entry and code of conduct (including signs displayed in a Facility). These may include, but are not limited to, hygiene standards, appropriate attire, respectful behaviour towards staff and other members, equipment usage and any health and safety requirements. The Facility reserves the right to amend these rules at any time and to take appropriate action, including termination of this Agreement, for any breaches. Policies applying to the Facility are available www.adelaideunisport.com.au/about/governance

6.2  You are responsible for ensuring that You understand the correct use of equipment provided at each Facility.

6.3 You must report any damaged or non-functioning equipment to Us. You will be liable for the cost of any damage caused by You to the Facility or any equipment or other property in the Facility, whether wilful or negligent.

6.4  You must present Your Membership Card/Fob when entering the Facility. We reserve the right to deny You entry or access to the Facility if You fail to present Your Membership Card/Fob upon request.

6.5  You must promptly notify Us of any changes to Your address, phone number, email, bank account or credit card details for payments, and any other personal information relevant to Your Membership.

6.6  We may charge You an administration fee of $25 for the replacement of a lost, stolen or damaged Membership Card/Fob.

6.7  We do provide lockers for storage of Your property whilst You are using the Facility. Your use of the lockers is at Your own discretion and risk. You release Us from any claim or liability in regard to the theft, damage or loss of property from a Facility, including property stored in a locker.

7. YOUR AGE AND PHYSICAL CONDITION

7.1  The minimum age to complete swimming lessons is 16 years.

7.2 Any applicant aged 17 years or younger, the Agreement must be read and co-signed in person by a Parent/Guardian at the Facility. By signing as a Parent or Guardian, You confirm that You are the applicant’s Parent/Guardian, that You have read and understood the Agreement, agree to be bound by this Agreement, and accept responsibility for ensuring the applicant complies with the Agreement.

7.3  Unless Your Agreement is co-signed by a parent or guardian as required under clause 7.2, you represent and warrant to Us, that unless You have disclosed otherwise in writing, You are at least 18 years old on the Commencement Date and are not subject to any legal disability that would prevent You from entering into or being bound by this Agreement.

7.4  You are responsible for ensuring that You do not use the Facility or its equipment in any way which may injure You, adversely affect any medical condition from which You suffer or otherwise cause You harm. You represent and warrant to Us that You are not aware of any physical, medical or other disability or condition which may be aggravated or affected, or which may cause You to suffer injury, illness or death, as a direct or indirect result of the use of the Facility.

7.5  You agree to not use a Facility if You are experiencing an infectious/contagious illness or disease, or if You have any physical conditions such as open cuts, sores, or infections that could pose a risk to other members health.

8. INDEMNITY

8.1 Your use of the Facility is at Your own risk and You acknowledge that the use of the Facility may involve injury or harm to You.

8.2 You agree to indemnify, to keep indemnified and to hold harmless Us, its employees and agents from and against all claims, demands, actions, costs, losses and expenses which may be incurred directly or indirectly by reason of and in relation to Your use of the Facility.

8.3 You hereby, to the full extent permitted by law, waive all of Your rights of action against and fully release the University and AUSF for any loss, damage, injury or death howsoever arising out of or in relation to Your use of the Facility, other than loss, damage, injury or death caused by Our negligence.

8.4 We accept no responsibility and exclude all liability whether direct or indirect arising out of any loss, damage or theft that You may suffer in respect of personal belongings and effects during or in relation to Your use of the Facility.

9. PRIVACY STATEMENT

9.1  Each of the University and AUSF will collect and handle personal information about You, including to review Your Membership Application and, if accepted, to establish and manage Your membership, to keep You informed about events and offers from Us and to obtain Your feedback, and otherwise in accordance with the University’s Privacy Policy (see link below). Each of the University and AUSF may collect sensitive information (such as health information) from You (or We may collect if from each other after You have disclosed it to one of Us), for example, if You request to suspend Your membership. We may disclose Your personal information for these purposes as between Ourselves, to third parties (such as Our contractors who provide services to Us) and as otherwise permitted or required by law. Generally, We do not disclose Your personal information to recipients located overseas except as permitted or required by law.

9.2  If You do not provide the requested personal information, We may be unable to offer You the service or products You seek (for example, provide You with a Membership) or otherwise respond to or deal with Your enquiry (for example, in relation to suspension of a membership on medical grounds).

9.3  The University’s Privacy Policy located on the University’s website https://adelaideuni.edu.au/about/policies/privacy-policy/ contains additional information about the way We will handle personal information, including how You may seek access to, or correction of, personal information that We hold about You, and how You can complain about how We handle Your personal information and how We will deal with Your complaint. If You would like further information You should view the Privacy Policy as above or contact Us at legalcompliance@adelaide.edu.au 

10. GOVERNING LAW

10.1 The Agreement is governed by and will be construed in accordance with the laws of South Australia.