1.1 Our Vision

At Peninsula Leisure we improve lives by inspiring activity and connection.

We are passionate about enhancing the health and wellbeing of the community by creating places to be active, happy and connected. We pride ourselves on delivering exceptional experiences to every person with any need at our award-winning places and by living our values.

1.2 Our Purpose

Peninsula Leisure exists to create YOUR PLACE to be active, happy and connected.

We are here to help our community live healthy, happy lives. We create safe, welcoming and inclusive places that inspire activity. Whether you’re a regular gym goer, in need of rehabilitation, looking to learn how to swim or just want to get moving more, you can find your place with us.

Driven by our ability to reimagine along with our talented team, we deliver places and services where you can overcome challenges, make new connections, reach goals, experience positive moments and most of all, have fun.

2.1 Our promise to you

• Your health and safety is our priority. We will never compromise on this.
• Our aim is to ensure you meet your goals. We will support you to be happy and healthy.
• Our goal is to make you smile. We will continue to look for new and innovative ways to create memorable experiences.
• We want you to feel part of the PARC family. You can expect to feel welcome every time you visit.
• We encourage a family-friendly environment which is welcoming to all ages.
• We will ensure our staff are friendly, skilled and knowledgeable, all with a view to exceed your expectations.
• We will listen to you, and we will keep you informed at all times. We believe in transparency and encourage your feedback to help us improve.
• We will keep PARC clean and tidy so you can enjoy it at all times.
• Sometimes we will make mistakes (after all we are only human). We ask that you please be patient and respect the PARC team at all times. 
• We aim to deliver our facilities in full working order, however when deemed necessary we reserve the right to close any part of the facility at any time.
  
  

2.2 Our expectations from you

You must:

• Respect the rights of staff, other members and guests.
• Adhere to all safety signage, warnings, safety instructions, and conditions of entry to all areas.
• Follow the reasonable directions of any staff member in relation to your use of Peninsula Leisure facilities.
• Take reasonable care for your own health and safety and for the health and safety of any children in your care. 
• Comply with all Watch Around Water supervision requirements and all other Peninsula Leisure facilities age restrictions.
• Children unaccompanied by an adult may be refused entry to Peninsula Leisure facilities at the discretion of staff.
• Not enter any Peninsula Leisure facility with any animals, other than Guide dogs and Assistance dogs as permitted under law. 
• Not conduct any unauthorised programs or services at Peninsula Leisure facilities.
• Agree that for your safety, the safety of any children in your care, the safety of staff and other patrons, the public areas of Peninsula Leisure facilities are monitored by closed circuit television (CCTV) cameras and other recording devices. By entering and using the facilities you are deemed to consent to being recorded by our CCTV cameras for security and safety purposes. 

We will not tolerate:

• verbal or physical abuse of staff, other members or guests.
• abusive, disruptive, threatening, or offensive language or behaviour.
• rough or dangerous play. 
• vandalism or wilful damage of Peninsula Leisure facilities or amenities.
• slanderous and defamatory comments about staff or the organisation.
• failure to take reasonable direction from an authorised staff member.
• entry to any Peninsula Leisure facility while under the influence of alcohol or illicit drugs.
• smoking or vaping in or around any Peninsula Leisure facility.
• preventing any staff member from performing their duties.

Any breach of the above expectations will attract appropriate action. 

2.3 Aquatic Supervision – Watch Around Water

Peninsula Leisure abides by the Watch Around Water guidelines. All users of the aquatic areas must abide by the Watch Around Water supervision ratios:

Children under 5

Ratio of 1 adult : 2 children

• Must be accompanied into the Centre and the water by a responsible parent/guardian 18 years or older.
• Must stay within arm’s reach of the responsibly parent/guardian during recreational play activities.
• The child must wear a yellow wristband to indicate age.
• While participating in swim lessons, must have a parent/guardian 18 years or older deliver child to the teacher in the pool and pick child up from pool.
• While participating in swim lessons, must have a parent/guardian 18 years or older sitting poolside.

Children under 10

Ratio of 1 adult : 4 children

• Must be accompanied into the Centre by a responsible parent/guardian 18 yrs or older.
• Must be constantly and actively supervised by the responsible parent/guardian.
• Parents / guardians must have a clear view of the child with no structural barriers between them and the child / children.
• The child must wear a green wristband to indicate age.
• While participating in swim lessons, child must know where parent/guardian 18 yrs or older is within main aquatic hall.
• While participating in swim lessons, parent/guardian 18 yrs or older must be on pool deck and not in the water swimming or recreating.

Children 10 – 12

Ratio of 1 adult : 10 children

• Must be accompanied into the Centre by a responsible parent/guardian 18 yrs or older who shall remain accessible in the Centre at all times.
• The child must wear a purple wristband to indicate age.
• While participating in swim lessons, child must know where parent/guardian 18 yrs or older is within the centre.

Groups/Families will not be permitted entry where the number of parent/guardians supervising a group of children under 10 years exceeds the ratio of 1:4 (ratio of 1:2 for children under 5).

2.4 Other facility age restrictions

Children under 6

• may not ride the Python (blue) waterslide.

Children 6 years and over 

• are not permitted in the opposite gender change rooms. 

Children under 10 years of age 

• are not permitted in the health and fitness areas.
• must be accompanied by a responsible person 18 years or older on the waterslides.

Children between the ages of 10-12 

• must be accompanied in the health and fitness areas by a parent or guardian over the age of 18. 

Children under 16 years of age

• are permitted to participate in group fitness classes with the exception of weights-based classes, reformer pilates classes, high intensity interval training style classes, and classes in the aquatic wellbeing area.
• are not permitted to use the aquatic wellbeing facilities unless participating in a program for rehabilitation, or for medical reasons provided a medical certificate has been submitted. 

Children under 18 years of age

• must complete a gym appointment accompanied by a guardian before joining PARC as a Full Access member.
• may attend the gym casually provided they have completed a pre-screening health questionnaire signed by a parent or guardian.
• who have a profile in our customer management system (Xplor Recreation) must be part of a Family Account with a parent or guardian over the age of 18 as the Primary Account holder. 
• must provide contact details for the parent or guardian to purchase a membership or participate in any program or service requiring registration. 
  
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2.5 Children and Young Persons Safety 

Peninsula Leisure has zero tolerance for child abuse or endangerment and is committed to the ongoing safety of all children and young people, recognising that children and young people have the right to feel safe and to always be safe. As a child safe organisation Peninsula Leisure will take deliberate steps to protect children and young people from physical abuse, sexual abuse, emotional abuse, neglect, and exposure to family violence. 

2.6 Collection and use of personal information

Peninsula Leisure may collect your personal information when you interact with us. We will only collect personal and sensitive information that is reasonably necessary for us to provide you with, or directly related to, the Service and the goods that you request from us. All information collected from you is handled in accordance with our Privacy Policy which can be found on our website. 

2.7 Medical disclosure

Peninsula Leisure acknowledges the right of all individuals to choose to participate in physical activity. Each patron uses our facilities at their own risk. Please consider your own personal medical circumstances and consult professional medical advice regarding your personal risk factors prior to using our facilities. Some areas of the facility may not be suitable if you are pregnant, have musculoskeletal injuries, suffer heart conditions, have breathing difficulties or other adverse medical conditions. We encourage you to make staff aware of any pre-existing medical conditions during your visit.

Prior to using Gym facilities, all users must complete a health waiver form, including a medical questionnaire. Peninsula Leisure reserves the right to ask for medical clearance at any time to ensure patrons are safely able to exercise without endangering themselves or others. 

Peninsula Leisure reserves the right to suspend or review usage privileges of anyone who may be putting themselves or others at risk by using our facilities. 

2.8 Hygiene

We ask that you/your children refrain from attending the facility, and/or participating in any program or service if you/they present with any of the following:

• open wound or bleeding
• rash
• any contagious disease eg conjunctivitis
• head lice
• any stomach related symptoms including diarrhoea in the past 14 days.

Peninsula Leisure reserves the right to ask any participant presenting with any of the above symptoms to leave the program/facility on that occasion and return only when symptoms have ceased or have been cleared by a medical professional.

In addition:

• Shower and wash body with soap prior to using the pools.
• Toddlers, babies and incontinent persons must wear waterproof pants/nappies at all times.
• Nappies must only be changed in the change room facilities, and disposed of in dedicated nappy bins.
• Avoid drinking pool water, or allowing children to drink pool water.
• Wash hands thoroughly with soap after using the toilet, or changing a person’s nappy.
• Place all litter in the bins provided including used wrist bands.

2.9 Mobile phones and audio-visual equipment

• Photography and videography of any kind is prohibited unless prior permission is given by Management.
• Cameras of any type, including mobile phones, are not permitted in changerooms.
  

2.10 Use of change facilities

• Mobile phones are not permitted to be used in the change rooms
• Male/female children 6 years and older are not permitted to be in opposite gender change rooms.
• Family change rooms and accessible change rooms are available.
• Children must be actively supervised by a parent or guardian.
• Do not leave bags, valuables and clothing unattended. Lockers are available subject to availability. Peninsula Leisure accepts no responsibility for lost or stolen property.

2.11 Personal property

• Do not leave bags, valuables and clothing unattended. Lockers are available subject to availability. Management takes no responsibility for personal items which are lost or stolen.
• To the fullest extent permitted by law, our liability and responsibility to you is excluded in respect of any and all loss or damage, whether direct or indirect, including without limitation any personal injury, loss, actions, costs, claims, charges, expenses, penalties, demands and damage which may be brought, made or claimed against Peninsula Leisure, arising from your use of the facilities.
  

2.12 Appropriate attire

• Suitable training attire and runners must be worn in the health and fitness areas – no jeans, work clothes, work boots, sandals, thongs.
• Suitable swimwear must be worn in the Aquatic Areas.
  

2.13 Consent to First Aid

In the event that you suffer an injury at or on the grounds of any Peninsula Leisure facility, you consent to any first aid treatment that staff may reasonably consider necessary or desirable. 

2.14 Customer feedback and resolving complaints 

We work hard to deliver exceptional services, programs and experiences to all patrons. We welcome all feedback via our website at https://parc.peninsulaleisure.com.au/feedback

In the unlikely event you are not satisfied with an action or decision, or with a service provided by Peninsula Leisure, we will work with you to resolve the issue. All complaints should first be raised with a Peninsula Leisure team member who will try to resolve your issue. 

Our team members are supported by a Duty Manager who is management’s representative during all operating hours of our facilities. Our team members may defer to the Duty Manager if they are unable to resolve your issue in the first instance. 

If the matter cannot be resolved by one of our team members, or the Duty Manager, Peninsula Leisure has a process for escalation to the relevant department Manager.

3.1 Additional Gym rules 

• Do not attend or continue to use our facilities if you are unwell. This includes cold and flu symptoms, gastro or any other communicable illness or disease.
• Use a sweat towel every time. 
• Wipe down equipment with disinfectant wipes when finished.
• For the comfort of other patrons please ensure personal hygiene is maintained.
• Appropriate training attire and runners must be worn – no jeans, work clothes, work boots, sandals, thongs.
• Do not drop weights as this can damage equipment. 
• Machines, equipment and specific workout areas cannot be reserved while not in use. 
• Return all of your equipment to designated areas after your workout or class.
• No food or drinks other than water allowed in the gym or group exercise classes. No glass drink bottles are permitted.
• Programs facilitated on the gym floor during allocated timeslots will deem the space unavailable at that time.
  

3.2 Additional Group Exercise rules

• Bookings are essential. 
• You must cancel out of the class as early as possible if you cannot attend. 
• For your personal health and safety as well as the comfort of others, please carry a sweat towel, wipe down all equipment and return equipment after being used.
• Entry will not be permitted into any class after the first 5 minutes. 
• Wait until the previous class has finished and all participants have exited before entering the studio.
• Use lockers provided for bags and other personal belongings. 
• Each patron uses the facility at their own risk. Please consider your own personal medical circumstances and consult professional medical advice regarding your personal risk factors prior to using our facilities. It is the responsibility of the participant to notify the instructor of any medical conditions or injuries.
  

3.3 Additional Pilates Reformer class rules

• Do not enter the studio until an instructor is present and all reformer beds are set up.
• Empty reformer beds will be offered to members promptly upon class start time.
• Socks must be worn for reformer classes for hygiene purposes.

4. Aquatic Facilities

In addition to abiding to all aspects of the Code of Conduct, users of the Aquatic areas must also abide by the following conditions of entry.

4.1 Additional Aquatic Area rules

• Walk at all times.
• Glass or breakable crockery items are not permitted in the pool hall.
• No diving into any pool if the water depth is less than 2.1 meters deep.
• No flips, spins, rough or dangerous play, bombing or pushing.
• Hanging, sitting or standing on lane ropes is prohibited.
• Climbing on or swinging off aquatic playground equipment is prohibited.
• Use of soft balls is permitted only at the discretion of the Lifeguards on duty. 
• Please consider other lap swimmers by keeping on the left of the lane and swim in the lane appropriate to your speed.
• Swimming across lanes ropes is prohibited.
  

4.2 Additional Aquatic Wellbeing Area rules

• Wristbands can be purchased from reception and must be worn at all times in the aquatic wellbeing area.
• Lap swimming, backstroke or swimming with the head submerged is prohibited.
• Rough play, splashing, jumping, bombing or diving is not permitted in this area.
  

4.3 Additional Spa rules

• If concerned of adverse effects on your health, seek medical advice prior to use.
• Please shower before entering the spa.
• Stay hydrated by drinking plenty of water.
• Do not stay in the spa for longer than 15 minutes at a time.
• Never put your head under water.
  

4.4 Additional Sauna and Steam room rules

• Sauna and steam rooms are super-heated environments. If concerned it may adversely affect your health, please seek medical advice prior to use.
• Pregnant women and patrons with heart conditions or other serious conditions are advised not to use the spa, sauna or steam room.
• All users are recommended to rinse in shower prior to and following use of the sauna and steam room.
• Users must sit on a personal towel in the sauna.
• Stay hydrated, drinking plenty of water.
• Do not stay in sauna or steam room for longer than 15 minutes at a time.
• Do not pour water onto the steam room thermostat or sauna rock elements.
• It is not permitted to use oils, lotions, eucalyptus or other substances while in the steam room or sauna. These items may cause irritation or reaction to other patrons as well as damage the equipment.
  

4.5 Water Slide rules

• Both the Python and Constrictor waterslides are a fast-moving thrill ride. Due to the nature of these rides, individuals suffering from back or vascular problems are advised not to use. 
• Riders agree that they ride the waterslides at their own risk.
• The Python and Constrictor waterslides are not suitable for pregnant women.
• Riders must consent to their height and weight being measured by staff to ensure safety limits are maintained. 
• Eyeglasses must be securely fixed with head straps, or removed prior to entry.
• Swim wear with exposed zippers, buckles, rivets or metal ornamentation are not permitted to be worn.
• Step into the raft carefully.
• Riders must position themselves in the raft as per lifeguard directions. Lifeguards will advise you of the safest way to sit within the raft prior to commencing your ride.
• Position yourself in a seated position with back against the tube, tightly holding handles with both hands.

5. Childcare

• Parent/guardian must provide current year enrolment form and up to date immunisations history statement for all children prior to being eligible to book.
• PARC Childcare accepts children aged between 6 weeks and up to and including 9 years of age. 
• Parent/guardian must provide at least one additional emergency contact. 
• Parent/guardian must collect child/ren before the end of the session time. 
• Parent/guardian must stay within the facility at all times while their child/ren are in care.
• Bookings are essential.
• Children can be booked into double sessions. Parent/guardian does not need to come back in-between a double session.

6. PARC Membership terms and conditions

Peninsula Aquatic Recreation Centre is operated by Peninsula Leisure Pty Ltd ACN 160 239 770 (“PARC”).  

PARC provides health, fitness and wellness services and facilities to the regional community (“Facilities”). Your use of the Facilities are governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and PARC. You should read the terms and conditions of this Agreement carefully.   

Without limiting the way in which you may be bound by this Agreement, by signing the Membership Application Form or by proceeding to use the Facilities, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement. 

6.1 Membership  

1. Subject to the terms of this Agreement, PARC agrees to provide you with access to use the Facilities (or part of the Facilities) for the Membership Fee (as that term is described in clause 2.1).  

2. PARC offers a number of membership packages.  These packages may be viewed on the website or can be provided to you by one of our staff members.  These packages permit you access to use some or all of the Facilities subject to these terms and conditions and the conditions of entry.   

3. PARC offers concession and corporate memberships to those who meet the eligibility requirements.  To apply, you must provide PARC with sufficient proof of your entitlement to obtain the concession or corporate membership.  The extent of the proof required by PARC is at PARC’s sole and absolute discretion.  During the Membership Period we may ask you to provide PARC with evidence of your continued right to the concession or corporate membership.  If you are unable to provide PARC with sufficient proof then you, if you are a: 

   a) concession membership holder, agree to pay the full rate from the date upon which you ceased to hold a valid concession card; or 
   b) corporate membership holder, agree to pay the full rate at the expiration of the Membership Period.  

4. Details of your membership fee (“Membership Fee”), period of membership (“Membership Period”) the first direct debit date (“First Debit Date”) and the billing date and billing period (“Billing Period”) and minimum term period (“Minimum Term”) are set out in the Membership Application Form.    

5. You are only permitted access to use the areas in the Facilities to which your membership relates.  If you wish to use other Facilities then you may do so as a casual user and you must pay the requisite fee. 

6. Your membership cannot be transferred or assigned to another person.

7. By becoming a member of PARC you agree to abide by Peninsula Leisure’s Terms and Conditions, Terms of Entry and Code of Conduct which are displayed on the front door of PARC and can be viewed on the website. 
   

6.2 Payment 

1. In consideration of us granting you access and use of the Facilities, you agree to pay the Joining Fee and the Membership Fee in the way specified in the Membership Application.  

2. You may pay the Membership Fee by instalments (“Instalment”) via direct debit or in full upon joining. The instalment period will be stated on the Membership Application. Should you wish to change your payment method please see one of our staff members to assist with this process.  

3. If you elect to pay the Membership Fee by instalment via direct debit you agree and authorise PARC: 

   a) to debit the Instalment from your nominated account for the Membership Period each fortnight from the First Debit Date until you give notice of cancellation in accordance with clause 1.1.a);  and 
   b) debit the Joining Fee from your nominated account.   

4. If you pay by Instalments and you apply (and obtain our consent) to suspend your membership in accordance with clause 5, PARC will suspend payments for that period, save where you are required to pay the fee described in clause 5.2. 

5. If we are unable to debit your account for any reason then you are liable for and indemnify PARC against and you agree to pay to PARC any resulting fees, interest, penalties or charges which are charged to PARC by any person or third party.  You also agree to pay PARC’s rejection administration fee (“Rejection Administration Fee”) and you agree that this amount may be deducted from your nominated account.  The current Rejection Administration Fee is displayed on our website. 

6. We may from time to time change the Membership Fee and the terms applying to your Agreement with PARC. Any change relating to the Membership Fee is effective 28 days after PARC notifies you of that change.  

7. The Membership Fee includes GST except for PARC Swim.  Your Membership Fee will change in proportion to any government GST rate changes.   

8. Payment of the Membership Fee is not dependent on your frequency of use of the Facilities.  Membership Fees are due and payable in full, without deduction or off set irrespective of your frequency of use of the Facilities during the Membership Period.  

6.3 PARC Programs 

1. PARC offers programs from time to time which do not form part of your Membership with PARC.  These programs include personal training and other programs which we may introduce or offer (“PARC Programs”).   

2. PARC Programs are subject to their own terms and conditions. 
   

6.4 Cooling off period 

1. PARC allows a 7 day ‘cooling off’ period whereby you may terminate your Membership for any reason whatsoever within 7 days of signing the Membership Application.    

2. If you elect to terminate this Agreement in accordance with clause 4.1, PARC will refund both the Joining Fee and the Membership Fee to you in full less the pro rata amount for the number of days for which you were a member of PARC. 
   

6.5 Voluntary Suspension 

1. Subject to clause 6.5.2, you may suspend your ongoing membership (with the exception of PARC Swim) for a maximum of 26 weeks in aggregate in each membership year by providing us with 3 business days written notice of your intention to suspend.  This can be done via our website. For PARC Swim memberships, suspension periods must be a minimum of 1 week. If you suspend for more than 4 weeks during non-school holiday periods, you will not be guaranteed the same lesson day and time upon your return.  A maximum of 8 weeks suspension is permitted in any membership year for PARC Swim memberships. 

2. You may suspend your membership without charge for 28 days of each membership year (“Free Suspension Period”).  For each day in excess of the Free Suspension Period you will be charged on a daily rate (we reserve the right to change this fee and if we do so, we will notify you of that change) (“Suspension Fee”).  If you pay via direct debit, you agree and authorise PARC to invoice you and deduct the Suspension Fee from your nominated account.  If you pay in advance, you agree to pay the Suspension Fee to PARC within 14 days of being invoiced for the Suspension Fee.  The current Suspension Fees are displayed on our website. 

3. If you are sick or incapacitated and you provide us with a medical certificate from a qualified practising medical practitioner which states that you are unable to exercise for a specified period, then PARC will allow you to suspend your membership for that period without incurring the costs set out in clause 6.5.2 and these days will be included in your Free Suspension Period. Backdated suspensions will only be accepted within one week of the certificate date.

4. If you suspend your fixed Term upfront membership in accordance with this clause 6.5, you agree that your Membership Period will increase by the corresponding amount of time. The maximum number of days you may suspend is as follows: 
   a) 3-month fixed term memberships allow a maximum suspension period of 45 days
   b) 6-month fixed term memberships allow a maximum suspension period of 90 days
   c) 12-month fixed term memberships allow a maximum suspension period of 180 days
   

6.6 Breach of this Agreement 

1. PARC may, at its sole and absolute discretion, suspend or cancel your membership if: 
   a) you do not pay your Membership Fees by the due date; or 
   b) you breach Peninsula Leisure’s Terms and Conditions; or  
   c) you breach any other terms of this Agreement.  

2. If we cancel your membership in accordance with clause 6.6.1 then you agree that:  
   a) if you pay by Instalment via direct debit, we will charge you until the end of the Instalment period as specified in the Membership Application form; and 
   b) if you pay in full then we will refund you pro rata for the days remaining in your Membership Period. 

6.7 Cancelling your membership 

1. Subject to clauses 6.7.2 and 6.7.3, you may only cancel your membership if: 

   a) you are sick or incapacitated and you provide us with a medical certificate from a qualified medical practitioner which states that you are unable to exercise; or 
   b) your membership has no Minimum Term Membership Period and you provide us with at least 28 days prior written notice of your intention to cancel your membership.  This includes PARC Swim memberships. 

2. If you cancel your membership in accordance with clause 6.7.1.a) then you agree to pay the Membership Fees due up to and including the date of the medical certificate.  

3. If you cancel your membership in accordance with clause 6.7.1.b), then you agree to pay the Membership Fee to the end of the 28 day notice period.  
   

6.8 Fitness to use the PARC Facilities 

1. You acknowledge and agree that: 

   a) we are not obliged to offer you any exercise guidance, training or instruction;
   b) our employees and contractors may not be medically trained nor qualified to assess if you are in good physical condition and can exercise without causing damage to your health, safety, comfort or physical condition each time you use the Facilities; and 
   c) you will take all reasonable precautions against and not use the Facilities whilst suffering from any infection, contagious illness or disease or any other physical ailment which may put you or any other user of the Facilities at risk.  

2. You warrant that you believe you are: 

   a) medically and physically fit and able to use the Facilities at all times; 
   b) not a danger to yourself or to the health and safety of others; and 
   c) not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to use the Facilities which would put other users of the Facilities at risk.  

3. You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person may suffer injury, loss or damage. You acknowledge and you warrant that PARC may rely on the information provided by you and that all such information is accurate and complete. 
   

6.9 Risks of using the Facilities 

1. You enter, use and participate in any activities conducted at the Facilities at your own risk.  You agree that you, and not PARC, are primarily responsible for your safety and the safety of any persons under your supervision.   

2. You must take reasonable care for your own health and safety, and for the health and safety of any children in your care.  You must actively supervise any children that accompany you to the Facilities at all times.  
   

6.10 Limitation of Liability/Disclaimer 

1. Subject to your rights arising under the Competition and Consumer Act 2010 (Cth) or other similar consumer legislation, you agree that PARC will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of any goods or services under this Agreement and whether as a result of any breach or default by PARC, or any negligence of PARC.  The maximum liability of PARC under this Agreement for any and all breaches of this Agreement, and any negligence in relation to this Agreement, will not exceed the total amount of payments made by you to PARC under this Agreement, and if you have not paid any monies to PARC, then the maximum liability of PARC will be $10.00. 

2. If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of PARC is limited, at the option of PARC, to the supply of the services again or the payment of the cost of having the services supplied again. 

3. Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of PARC will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute. 

4. Nothing in this Agreement restricts, limits or modifies your rights or remedies against PARC for the failure of a statutory guarantee under the Australian Consumer Law where such restriction, limitation or modification would be prohibited by the Competition and Consumer Act 2010 (Cth). 

5. In the course of entering or using the Facilities, if you are killed or injured, PARC will not be liable except to the extent caused by PARC’s gross negligence. Please refer to the warning notice in clause 6.10.6 below which PARC is required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation of PARC’s liability.

6. Warning under the Australian Consumer Law and Fair Trading Act

   In this warning, references to “the supplier” mean PARC, and references to “you” mean you and your child. 
   Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on the Membership Application is required to ensure that the recreational services it supplies to you are rendered with due care and skill; 

• • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and 

  • might reasonably be expected to achieve any result you have made known to the supplier. 

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign the Membership Application form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. 

6.11 Indemnity 

1. You indemnify and keep indemnified PARC for all costs, losses, expenses or damages which PARC suffers or incurs due to:

   a) your breach of this Agreement; 
   b) any damage to property or injury to another person which is wholly or partially caused by you during your use or entry to the Facilities.  
   

6.12 Privacy 

1. In providing the Service, PARC may collect your personal information.  You agree that PARC may collect, store, use and disclose your personal information in accordance with its Privacy Policy.  A copy of PARC’s privacy policy may be found at our website, www.parc.peninsulaleisure.com.au.
2. We sometimes film or photograph PARC, so it is possible you will appear in the background. By signing the Membership Application Form, you allow us to use your image in promotional and other business-related material.   

6.13 General Clauses 

1. The law of Victoria governs this Agreement. The parties consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.
2. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

7. Personal Training terms and conditions

• If you have chosen to pay by direct debit, we will debit in advance at the frequency specified in your Membership application throughout the period of your membership.
• Your personal training fees may be increased once during any financial year. We will make reasonable efforts to inform you about such changes at least 28 days prior to the date changes take effect. Changes will be communicated via email to your last known address and via internal signage. 
• Suspensions are offered with a maximum of 2 weeks at a time. Retrospective or back dated suspension will not be approved. 
• 14 days notice in writing must be given to cancel a personal training agreement. Termination of any adjoining PARC memberships are subject to the PARC membership terms and conditions.
• 24 hours notice must be given to cancel a personal training session. Failure to do so will not entitle the member to a refund of that session.

8. Small Group Training terms and conditions

• Small Group Training (SGT) sessions that fall on a Public Holiday will go ahead, however the session time may be altered. 
• There are no make-up sessions available if I am unable to attend my scheduled session.
• Peninsula Leisure reserves the right to change session times should the session not meet the minimum requirements to go ahead.
• Small Group Training Membership runs for 49 weeks each year and breaks for 1 week over Easter and 2 weeks over Christmas. Specific dates of class breaks will be communicated closer to the date.
• 14 days notice in writing must be provided to cancel a Small Group Training membership. 
• Suspensions are offered with a maximum of 2 weeks at a time, and there is a maximum 4 weeks suspension per calendar year for this membership in addition to the forced breaks over Easter and Christmas.
• It is the members’ responsibility to inform Peninsula Leisure if personal or payment details change as soon as practically possible.

9. Pines Forest Aquatic Centre Terms and conditions

By entering Pines Forest Aquatic Centre (PFAC) you agree to be bound by the following conditions of entry:

• Always respect the rights of Centre staff and other Centre Members & Guests. 
• Children under the age of 5 must swim with a responsible person aged 18 years or older within arm’s reach.
• Children under the age of 10 must be accompanied and closely supervised at all times by a responsible person aged 18 years or older.
• Children under 13 years old must be accompanied into the Centre by a responsible adult who shall remain accessible (in person) in the Centre for the duration of the child’s visit.
• Children unaccompanied by an adult may be refused entry at the discretion of Centre staff.
• You, and any children under your care, must obey all Centre safety signage, including but not limited to, warnings, rules and safety instructions.
• You must not prevent any staff member from performing his or her duties. You must follow the reasonable directions of any staff member in relation to your use of the Centre’s facilities. 
• You must take reasonable care for your own health and safety and for the health and safety of any children in your care. 
• Smoking, vaping, glass, alcohol or drugs are not permitted in the Centre.
• You must not commit any acts of vandalism or cause any damage to the Centre, equipment or facilities. We reserve the right to refuse entry if we suspect that you are under the influence of alcohol and/or drugs. 
• Abusive, disruptive, threatening, offensive behaviour or language, rough play, smoking, littering or spitting are not permitted at any time. 
• Cameras and mobile phones are not permitted to be used in Change Rooms.
• Photography of any kind is not permitted, unless permission is given by Centre staff. 
• We reserve the right to authorise Centre staff or other representatives, agents or contractors to take photographs and videos of patrons from time to time, including you or any minors in your care or under your supervision, for marketing or promotional purposes without prior notice to you, payment to you or express consent from you. By entering into and using the Facilities you are deemed to consent to such photos or video footage being taken, unless you inform our staff members otherwise.
• The Centre does not take responsibility for your personal items. If any items are left behind after your visit to the Centre, then the Centre will retain those items in it’s lost property area for a maximum period specified by the Centre. After the expiry of that period of time, those items will be considered abandoned and become the property of the Centre. 
• Only Centre staff are permitted to conduct any programs and services. 
• For your safety, the safety of any children in your care, the Centre staff and other Centre patrons, the public areas of the Centre are monitored by closed circuit television (CCTV) cameras and other recording devices. By entering and using the facilities at the premises you are deemed to consent to being recorded by our CCTV cameras for security and safety purposes. 
• You enter the Centre, use Centre facilities and participate in Centre activities at your own risk. You agree that you, and not the Centre, are primarily responsible for your safety and the safety of any persons under your supervision. 
• To the fullest extent permitted by law, our liability and responsibility to you is excluded in respect of any and all loss or damage, whether direct or indirect, including without limitation any personal injury, loss, actions, costs, claims, charges, expenses, penalties, demands and damage which may be brought, made or claimed against the Centre, arising from your use of the facilities at the Centre. 
• In the event that you suffer an injury at the Centre, you consent to any first aid treatment that Centre staff may reasonably consider necessary or desirable. 
• We reserve the right to close any part of the facility at any time. 
• We reserve the right to refuse entry if we suspect that you are under the influence of alcohol and/or drugs.
• No animals, other than Guide Dogs and Assistance Dogs, are permitted in the Centre. 
• Should you breach any of these conditions of entry, the Centre reserves the right to remove you from the Centre and any future entry may be refused.

10. Frankston Skate Park terms and conditions

By entering Frankston Skate Park, you agree to be bound by Peninsula Leisure’s Code of Conduct, and the following additional conditions of entry:

• Smoking or vaping is not permitted in Frankston Skate Park.
• All patrons must be wearing a shirt while within the Frankston Skate Park.
• Patrons chose to use Frankston Skate Park at their own risk.
• Vandalism of any kind is not permitted at Frankston Skate Park.

11. Referral Card terms and conditions

• Peninsula Leisure has a member referral program which offers current members who refer a new member, a Peninsula Leisure $50 Referral Card. Referral cards are issued with the following terms and conditions.
• Valid for 6 months from date of issue.
• Referral Card must be picked up from PARC within 28 days of issue.
• Cannot be used for ongoing or term membership payments.
• Cannot be redeemed for cash or returned for a refund.
• Must present voucher to redeem value.
• Will not be extended for any reason past expiry date.
• Card cannot be reloaded or topped up.
• You can use your card over multiple visits, does not need to be spent all in one go.
• Lost or stolen cards should be reported to PARC.
• Referrals amongst family members are accepted.

12. Defined terms 

• Peninsula Leisure, We, Us, Our (or any derivative thereof) – Peninsula Leisure Pty Ltd 
• PARC – Peninsula Aquatic Recreation Centre as a trading entity of Peninsula Leisure Pty Ltd
• Centre, Facility – physical and/or online facilities operated and managed by Peninsula Leisure, including Peninsula Aquatic Recreation Centre, Pines Forest Aquatic Centre, PARC Plus, and Frankston Skate Park.
• You, Your (or any derivative thereof) – A member, visit pass holder or customer of Peninsula Leisure. 
• Membership application, Agreement – This is between Peninsula Leisure and you, under which you will become a member or visit pass holder of the specific Peninsula Leisure facility to which the agreement applies. 
• Minimum Term, Commitment, Contract period – The term specified in the Membership application. 
• Business day – Each weekday other than a Saturday, Sunday or public holiday in the place where the facilities are situated. 
• Joining fee – The sum referred to as the joining fee in the membership application. 
• Membership application, Contract – These terms and conditions and the application to which these terms and conditions are annexed. 
• Membership fees – The fee payable by you in consideration of membership with Peninsula Leisure for the period of your membership, as applicable to your type of membership and as outlined in the membership application. 
• Reception – Customer service areas located in the main foyer of the building that houses each of Peninsula Leisure’s facilities. 
• Programs, Services – Any fitness program, aquatic program, lesson, clinic, activity or service that we organise and you wish to participate in.
• Products – any product you choose to purchase from us.
• Membership year – a 12 month period commencing from the start date of the membership