The Facility Terms and Conditions are a legally binding agreement. 

DEFINITIONS 

• Company” means Leisure and Recreation Group Pty Ltd (ACN 127 574 743).   

• “Commencement Date” means the first day the membership commences. 

• “Guardian” means a responsible person 16 years or older.  

• “Member/s” means a person who is listed on a Membership Application Form and payment made in full or arranges a direct debit. 

• ”We/us” is, where the context permits, a reference to the Company. 

• “You/your” is, where the context permits, a reference to the Member or Visitor. 

• ”Qualified Instructor” means a person who has completed a Teacher of Swimming and Water Safety Course. 

• “Facility” is the premises the Company operates at. 

• “Visitor/s” means a person who is not a Member who uses the Facility.  

• “Students” means a person who is enrolled in Facility programs. 

• “Learn to Swim” means a lesson offered by the Company that teaches Students the principles of aquatic safety. 

MEMBERSHIPS + PASSES

Direct Debit Memberships, Season Passes and Visit Passes

• You can apply for an individual membership or a family membership. A family membership is only available to family members who are on the family Medicare Card. 

• All members must sign/agree to the Release of Liability Waiver. 

• Payment of membership fees can be paid in full upfront or on a fortnightly basis by direct debit. 

• Memberships which are paid by fortnightly direct debit have a minimum agreement term of three (3) months. 

• Membership fees which are paid fortnightly by direct debit may be increased at any time, upon the Company providing notice to the Member. 

• Members must advise the Company as soon as possible of a change to their contact details, including telephone number, address, email and emergency contact details. 

• Season passes are only valid for the advertised time frame.

• Visit passes have no expiry date and will be completed once used.

Suspension Terms

• To request a suspension, you are required complete our online membership adjustment form

• A minimum of seven (7) days’ notice via Membership Adjustment Form must be given to request a suspension.

• The minimum term for suspending your membership is fourteen (14) days.  

• No fees are charged for, or during a suspension period.

• A member’s payments will be re-activated automatically after their suspension period has been completed.

• Members with outstanding payments will not be able to suspend until the amount due has been paid in full.

Cooling Off Period

• Any membership paid in full or by direct debit is subject to a seven (7) day cooling off period. A Member may terminate the agreement within this period if they are not satisfied with the Company’s services and/or programs. 

• The cooling off period commences at the close of business on the Commencement Date and ends on the close of business on the seventh (7th) day after the Commencement Date.

• Termination of the membership during the cooling off period must be made via our membership adjustment form.

• All monies paid by Members who terminate the membership during the cooling off period will be refunded on a pro rata basis. 

Termination of Membership, Season Passes and Visit Passes

• There are no refunds available for membership fees which have been paid in full for early termination of the agreement.

• The Company has the discretion to provide a refund on membership fees where written evidence from a medical practitioner is provided to the Company which states the Member has a permanent disability or serious illness. In this event, all monies will be refunded
  apart from charges for services already delivered. 

• To terminate a direct debit membership, the Member must submit a request on the Membership Adjustment Form. Cancellation of the membership will occur at the end of the last paid fortnight. Until the end of the fortnight, the Member will have access to the Facility. 

Transfer of Membership 

• Memberships which have been paid in full may be transferred to another person upon written request to the Company.

CONDITIONS OF ENTRY
By entering the facility, each patron acknowledges and agrees to abide by the following terms and conditions. 

General Purpose of Terms and Conditions Policy

• These terms and conditions are established to ensure a safe and welcoming environment for all patrons, employees, and users of the facility.

Centre Management

• Patrons must adhere to all centre signage and follow reasonable requests and instructions from management and staff for safety and security.

General Terms of Entry

• Payment of an entry fee is required.

• A responsible guardian is deemed 16+ years of age

• Unauthorised entry may result in prosecution, and offenders will be asked to leave and banned.

• Bags and items may be subject to inspection, and patrons may be searched.

• Prohibited items include alcohol, drugs, weapons, and glass.

• Animals, except for assisted animals with proper identification, are not permitted on the premises.

• Smoking or vaping is strictly prohibited on the premises and within 10 metres of the front entry. 

• To be eligible for our discount rates, which are offered to age pensioners, DVA cardholders, concession holders, and companion cardholders, individuals must present a valid card

• Persons with infectious diseases or transmittable bacterial, viral, fungal, or parasitic
  infections are not permitted to enter the pools at the Facility. 

• A Member, Visitor, or Student who causes any damage to the Facility or the Company’s property caused by any means, including negligence of the Member, Visitor, or Student is liable for damages.  If damage is caused to the Facility or the Company’s property by a person under the age of eighteen (18), the Guardian or carer of that person is liable for damages. 

• Members must swipe, scan the QR code or present their membership card at the reception desk each time they enter the facility. If they don't have their card, they must provide their full name.

• Food is not permitted in any pools, indoor pool rooms or stadium courts within the Facility.

• Lane space may be limited at the Facility due to programs, functions or bookings. 

Aquatic Supervision

• Compliance with our Supervision at Public Pools Policy is mandatory.

1. 0-5 YEARS + NON SWIMMERS
   Parents/Guardians must actively supervise their child(ren) and remain within arms reach at all times, both in and out of the water.

2. 6-11 YEARS + WEAK SWIMMERS
   Parents/Guardians must remain close, be prepared to assist and maintain constant visual contact with their child(ren) at all times.

3. 12-14 YEARS
   Parents/Guardians are to regularly check on their children and have a clear understanding of their child's swimming abilities to determine if they should be accompanied or unaccompanied at the swimming pool.

4. WEAK - FRAIL - INJURED SWIMMERS
   Individuals who are injured, frail or weak in their swimming abilities are required to ask for assistance when entering or using the pool. Staff members are available to provide support and ensure the safety of all patrons.

• School groups must provide active supervision, assess their students for non-swimmers, and co-ordinate with facility management on their control measures.

• All persons with disabilities, must be accompanied and supervised by a Guardian, qualified instructor, or carer at all times within the Facility. 

Indoor Sports Stadium Supervision

• Compliance with our Supervision at Indoor Sports Stadium Policy is mandatory.

1. CHILDREN AGED 0-11
   A Parent/Guardian must actively supervise their child(ren) at all times while using the stadium. if a Parent/Guardian is unable to supervise their child, a responsible person aged sixteen (16) years or older must be present to provide supervision.

2. 12 YEAR OLDS AND ABOVE
   ​​Can utilise the stadium without the supervision of a parent or guardian; however, each child must have an up-to-date emergency contact name and phone number on file.

3. PROGRAMS + COMPETITIONS
   Children under the age of twelve (12) can be dropped off; A Parent/Guardian is not required to stay. However, the Parent/Guardian must fill out our Arrival and Departure Sheet. For competitions, a Parent/Guardian must drop off their child to their team manager, who will take responsibility for their supervision.

• School groups must provide active supervision, and co-ordinate with facility
  management on their control measures.

• All persons with disabilities, must be accompanied and supervised by a Parent, Guardian or carer at all times within the Facility. 

Medical Conditions and Related Matters

• Serious medical conditions, such as epilepsy and heart conditions, must be disclosed to centre staff before participating in activities.

• Precautions must be taken by individuals experiencing incontinence for public health
  and safety.

• Patrons affected by drugs, alcohol, or medications making facility use unsafe are not permitted.

• Patrons consent to receiving necessary medical treatment for injuries while in the facility.

• Weak, frail and injured patrons must liaise with staff for assistance and further supervision 

Risk and Injury

• Patrons engage in activities and use centre facilities at their own risk.

• The facility and company do not accept liability for any injury or death to any person
  while on-site.

• You may be asked to cease participating in an activity if we determine there is a risk of injury to you due to a disclosed medical condition, disability or pregnancy.

Clothing and Attire

• Appropriate clothing and footwear must be worn at all times during sporting and exercise activities.

• Proper swimwear, including appropriate bathers, is required for swimming.

• Non-toilet trained individuals must wear aqua nappies or aqua swimmers.

• Failure to comply may result in being asked to leave. Repeat offenders may be banned from entering the Facility. 

Commercial and/or Business Activity

• No commercial and/or business activity is permitted without prior written consent and approval from the facility.

• If consent is granted, the responsible party must ensure compliance with the terms and conditions set by the company. 

• Coaching or training for fee or reward requires prior permission from the facility.

General Behavior

• All patrons must conduct themselves in a safe and respectful manner at all times for the enjoyment and safety of others.

• Offensive, inappropriate, threatening or disruptive behaviour may result in removal or banning from the facility.

• Patrons must refrain from unsafe, disorderly, disruptive, inappropriate, or antisocial behaviour.

• Use of video, camera, or recording equipment requires prior written approval.

• Blocking entrances/exits with personal belongings is not permitted.

• Patrons must use the designated change room facilities for changing. 

• Children aged 7 years or older must use gender appropriate change rooms or family change rooms.

Indemnity

• Patrons release the facility and company from claims and liability for personal injury, death, theft, loss, or damage arising from entry and use of the centre and its facilities.

Right of Refusal of Entry and Eviction

• Facility Management reserves the right to refuse entry or evict any person at any time, including but not limited to:

  1. persons under the influence of drugs or alcohol.

  2. engaging in dangerous or unsafe behaviour.

  3. displaying disorderly, disruptive, inappropriate, or antisocial behaviour.

  4. suspected theft or vandalism.

  5. admission evasion.

• Patrons refused entry or evicted have no right to a refund.

• Facility Management may ban individuals or groups from the centre as deemed
  necessary, including permanent barring at its discretion.

Leisure and Recreation Group Statement of Commitment to Safeguarding

• The Leisure and Recreation Group is committed to safeguarding children, young people, and vulnerable adults.

• All associated individuals are responsible for protecting them from abuse, bullying, and exploitation.

• Any observed incidents contradicting this commitment should be reported to management promptly.

FACILITY BOOKINGS: ORGANISATIONS + PRIVATE USER

• All Organisations who rent the Facility are required to complete the Facility Booking Form via the www.lrgroup.com.au website. 

• A booking is not confirmed until a confirmation email or an event invite has been sent to you and you have accepted it.

• The Organisation is required to inspect the Facility prior to the event to ensure it is safe and suitable for the event.

• Private user bookings for commercial use agree that they will provide appropriate insurances, risk assessments  and copies of qualifications of the person(s) to supervise or teach their group for the duration of their attendance. Attachments are required on the booking form.

• The Facility is to be restored to its original condition at the conclusion of the event by the Organisation or Private User:

  • The Organisation or Private User will be charged for any damage to the Facility or equipment attributed to them. 

  • All applicable fees are set out in the facility information sheet. All admission fees are to be paid upon entry unless other arrangements have been made.

  • Schools are to ensure they abide by their required guidelines for aquatic and sporting activities.

  • The facility manager will provide a clean and well maintained facility with qualified staff and current Public Liability Insurances.

  • With reasonable notice, the Company reserves the right to change or alter bookings to cater for more high priority events, such as school swimming carnivals hold priority over weekly swimming activities.

  • Bookings do not gain exclusive use of the Facility, staff will allocate and manage lane
    space as required.

  • All pool users are to abide by the Facilities terms and conditions of entry.

• All bookings must be within the hours of facility operations unless agreed upon by the Company and an out of hours booking fee may be charged.

• After hour stadium bookings are to ensure they arm the security alarm, turn off all lights, advise staff of any damage or incidents and lock doors once they are finished with the Facility.

PROGRAMS + ACTIVITIES

General Conditions

• All persons participating in swimming lessons, programs or activities, must check in at the reception desk prior to entering the designated lesson area. 

• All persons must wear appropriate swimwear during lessons.

• All persons must wear appropriate footwear (enclosed joggers) and covered torsos when playing sports. It's recommended that your own drink bottles are brought to sports. 

• All persons must have a customer portal account and agree to the required policies prior to taking part in any programs and activities.

• Class Timetable: Every effort will be made to adhere to the timetable. The Company reserves the right to change, consolidate or alter sessions as necessary.

• Programs are not refundable. Credit may be applied at the management's discretion for special circumstances, which include: Injury; or illness.

• Any notified absences for Learn to Swim will be provided a makeup token. The make-up token needs to be used within 70 days of the token being issued.

• Any person that knows they are pregnant must advise our staff to ensure the program or activity is conducted in a safe manner.

• Learn to Swim lessons paid upfront and are managed by monthly direct debit payments 

• To cancel learn to swim lessons the customer must drop the student via the customer portal , lessons will continue until the end of the paid month

• Cancellations of programs and activities must be made through the customer portal on our website. 

• L+R Group wll apply credit to accounts under special circumstances which include:

1. no instructor available

2. closure of facility for maintenance or other unforeseen circumstances

Learn to Swim - Make-Up Lessons 

L+R Group is proud to offer unlimited make-up tokens based on the below terms and conditions:

• The parent/caregiver or swimmer is responsible for marking their absence and booking a make-up lesson. This can only be done via the Customer Portal.

• If you do not mark yourself absent via the Customer Portal, you will not be issued a makeup token and unable to book a make-up lesson. 

• If approved, a makeup token will be issued once the class has passed, which entitles you to one (1) make-up lesson token. 

• Make-up lessons tokens are valid for seventy (70) days from the marked absence. You
  will be able to book a make-up lesson up to 7 days ahead of the class time.

• The parent/caregiver or swimmer is responsible for booking the make-up lesson using the allocated makeup token through the Customer Portal. 

• A failure to attend the make-up lesson or book a make-up lesson is considered to be a forfeiture of the make-up lesson. 

• Make-up lesson tokens are non-refundable and non-transferable.

• A make-up lesson token may be offered to a Student who misses a swimming lesson, on the following basis: 

  • The intended absence of the Student is communicated to the Company
    through the customer portal, prior to the swimming lesson due to sickness or injury.

  • The intended absence of the Student is communicated to the Company through the customer portal in advance due to planned holidays. 

• When moving or changing your booking you have the ability to access make-ups owing on previous bookings provided they meet the above criteria, and your customer account is not in arrears.

• Make-up lesson booking is subject to program availability and the Company does not guarantee a make-up lesson will be available at particular times or at all. 

• Make-ups are only valid while currently enrolled in the program. When canceling your lesson enrollment, you forfeit all make-ups owing. 

• Makeup tokens cannot be used for holiday programs.

Learn to Swim - Payment Policy 

• Payment for all Learn to Swim programs must be made by direct debit to the Company on the first banking day of each month.

• Students will not be permitted to attend a lesson unless all outstanding fees are paid in full prior to the commencement of the lesson.

• The first Learn to Swim fee payment is calculated on a pro rata basis and is payable at the time of booking.

• Failed direct debit payments will incur a fee, which becomes payable on the following month’s payment date.

• Lessons that fall on a public holiday or pool closure date will not incur a fee, and the monthly Learn to Swim fee will be reduced accordingly.

Learn to Swim - Swim Assessments 

• Students are formally assessed once per school term. This formal assessment is generally conducted in the last week of the term.  

• Students are informally assessed by instructors during their weekly lessons.

• If an instructor deems a student ready to progress to the next level, the coordinator will be informed, and an assessment will be scheduled to be conducted during their normal lesson.

• Student assessment results are recorded and stored on the student's profile and can be accessed via the customer portal.

• A parent/guardian cannot move or book their child into a different level. If a parent/guardian has concerns about the child then the parent/guardian is to make time to discuss this with the coordinator. 

Learn to Swim - Lesson Etiquette

• All Students are required to check in at reception before their lesson begins.

• Please ensure the Student is waiting on the pool concourse near their lesson area
  prior to the lesson start time. Lessons will commence on time, and instructors will not wait or call out for latecomers.

• It is highly recommended that a Student does not swim prior to their lesson. If a Student does choose to swim before or after their scheduled lesson, pool admission fees apply.

• As per the Pool Supervision Policy, supervision is required for all students while at the facility, for any activity before or after lessons.

Learn to Swim - Instructor Absence

• If an instructor is unavailable, a substitute instructor will be provided. 

• If a replacement is not possible, enrolled families will be notified of the cancellation, and a credit will be issued.

Stadium Programs

• Stadium programs, activities and competitions are not subject to make-up lessons.

• Replacement players must be registered on our customer portal and do not need to pay a fee.

• Casual players must pay the casual competition fee prior to taking the court.

• Players who have taken the field without payment or registration forfeit any rights to insurance coverage.

• All players must abide by our competitions rules and conditions guide provided at time of registration.

Children’s Parties 

• Children under the age of five (5) years who attend a children’s party at the Facility must be supervised by a parent or Guardian. 

• There must be at least one (1) parent, Guardian or Instructor per eight (8) children. 

• Bookings must be made through the customer portal, and a deposit must be paid to confirm the party.

GENERAL ITEMS

Safety, Maintenance and Service Demand 

As necessary, the Facility may: 

• close off any part of the Facility or isolate any piece of equipment from Members/Visitors for maintenance or safety reasons;

• alter the operating hours of the Facility;

• alter the class timetables; 

• vary Facility rules; and

• alter pricing

The Facility will provide Members with reasonable notice and communication of any changes to the operation of the Facility.

Damage to the Facility and Company Property 

• A Member, Visitor, or Student who causes any damage to the Facility or the Company’s property caused by any means, including negligence of the Member, Visitor, or Student is liable for damages. 

• If damage is caused to the Facility or the Company’s property by a person under the age of eighteen (18), the Guardian or carer of that person is liable for damages. 

Privacy 

• The Company is bound by the Privacy and Personal Information Protection Act 1998.

• All personal information collected by the Company will be kept confidential and no details will be given to third parties without consent.

Photography

• Photography, including photographs and videos taken on mobile telephones, laptops or any other image capturing device is not permitted within the Facility without the express consent and permission of the Company. 

• Photographs taken by parents should not include other persons. 

• Photographs taken should not include staff of the Company, unless consent is provided.

• The Company has the authority to see any photograph taken within the Facility. 

• The Company has CCTV surveillance within the Facility. 

• The Company may take photographs and videos of Students to personalise their individual profiles in our skill tracking software and to assist our internal training and development. 

• The photographs and videos taken for this purpose will not be distributed externally without express consent and permission. 

• I consent to these photos/ videos being used by the Y NSW for Publicity and Marketing purposes only

• Facility staff may take photos or videos of customers and students while they are participating in facility activities. These images and videos will be used exclusively for advertising or marketing purposes.

• If you do not consent to photographs and videos being taken of you, inform the Company in writing. 

Kiosk Operations

• If you experience any issues with your food, please report them to kiosk staff immediately.

• We do not accept returns of food items, but we are committed to addressing any concerns to ensure your safety and satisfaction.

• While we take care to prevent cross-contamination, we cannot guarantee that our food is free from allergens due to the shared preparation areas.

Lost or Stolen Items

• The Facility and Company do not accept liability for theft, loss, or damage to personal property, whether on-site or elsewhere.

Liability 

• We require that all Members and Visitors agree to the waiver prior to entering the Facility. This waiver indemnifies the Company, its officers, directors, employees, servants, agents or consultants from and against all costs, claims, actions, demands and liability whatsoever and howsoever arising from or in any way connected with the Facility (including any transportation to and from the Facility) including such costs, claims, actions, demands or statutory duty or otherwise on the part of the Company, or any of its officers, directors, employees, servants, agents or consultants, and including any liability in respect of or related to your death, personal injury or loss of or damage to any property owned or possessed by you. 

• Members and Visitors agree to the fullest extent permitted by law to waive all of their legal rights of action against and fully release the Company and its officers, directors, employees, servants, agents or consultants from all liability arising from or in connection with their death or personal injury howsoever arising out of or in relation to the participation in services offered by the Facility, including without limitation, liability for a negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its officers, directors, employees, servants, agents or consultants. 

• This waiver shall bind all Members and Visitors and their legal personal representatives.  

• All equipment at the Facility is used at your own risk. 

Limitation of Liability 

• The Company does not exclude or limit the application of any provision of any statute (including Competition and Consumer Act 2010 (Cth) where to do so would:

  • contravene that statute; or 

  • cause any part of these terms and conditions to be void. 

• Except to the extent condition 10.1 applies, and to the extent permitted by law, the Company excludes all: 

  • statutory liability;

  • tortious liability (including negligence);

  • conditions and warranties implied by custom, the general law or statute;

  • liability for all special, indirect, incidental, consequential or punitive damage and economic loss, loss of profits, loss of revenue, loss of bargain, loss of goodwill, loss of anticipated savings, or loss of use of products or equipment, arising our of or relating to these terms and conditions, the services offered by the Company, or any failure to supply or delay in supplying the services by the Company, whether or not the Company was aware or should have been aware of the possibility of such loss or damage. 

• The Company’s liability to Members and Visitors for any breach of any express or implied provision of these terms and conditions is limited, at the Company’s option, to:

  • Refunding the price of the goods or services in respect of which the breach occurred; or 

  • Providing, replacing, or repairing those goods or providing those services again. 

• Members and Visitors agree to indemnify and hold harmless the Company and each of its officers, directors, employees, servants, agents or consultants against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by them of their obligations under these terms and conditions. 

Breach of Terms and Conditions 

• A written or verbal warning will be given to any Member or Visitor who breaches any of the terms and conditions.

• If a Member or Visitor receives a second written or verbal warning, at the discretion of the Company, may have their membership suspended or terminated or may receive a life ban from the Facility. 

• If a Member or Visitor commits a serious breach of the terms and conditions, the Company has the discretion to immediately terminate their membership, remove the Member or Visitor from the Facility without warning and notify the relevant authorities. 

Best Practice Regulation Requirements 

• All persons attending the Facility warrant they have read and ensure they uphold whilst at the Facility:

  • The 10 National Principles for Creating a Safe Environment for Children;

  • The Company’s Safe Diving Resource. 

  • Swim Meets Guidelines ; and 

  • School Sport Unit Guidelines

• If a User requires a hard copy of any of these documents, please contact the Facility Manager. 

Force Majure

• In circumstances where the Facility may be closed and services cancelled due to a Force Majeure event, including electrical storms, no refunds will be granted, and Students, Members and Visitors will be given the opportunity to reschedule their service to a future date, within thirty (30) days.

Jurisdiction 

• The laws of New South Wales shall apply to these terms and conditions.

Complete Agreement and Severability

• The terms of these terms and conditions constitute the full agreement between you and the Company and no oral agreements or promises are made part thereof. 

• If any part of these terms and conditions are deemed to be invalid or
  unenforceable by law, the provisions will be deleted from the terms and conditions but such deletion will not affect the validity and enforceability of the remaining provisions.