As of Thursday 12 July 2018, new Membership Terms & Conditions will be in effect. They will be available to access on this page from the date above.
Download the current membership terms and conditions
1. INTRODUCTION This document outlines the rights and responsibilities that you have with regard to the authority of Active Moreland: Fawkner Leisure Centre to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions of the Contract and DDR Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or this DDR form you should in the first instance contact Active Moreland: Fawkner Leisure Centre on phone 9354 3504.
2. PARTIES TO CONTRACT The “Centre” means the organisation providing the service for which the Customer is paying. The “Customer” means you: the person or party signing this Contract. “Active Moreland: Fawkner Leisure Centre” is Active Moreland: Fawkner Leisure Centre, 79-83 Jukes Road, Fawkner Victoria 3060, phone 9358 6600 or email Fawkner Leisure Centre. All communication relating to this contract is to be sent directly to Active Moreland: Fawkner Leisure Centre.
3. PAYMENTS Active Moreland: Fawkner Leisure Centre will debit your nominated account for the amount and frequency of payments in advance as agreed on the Active Moreland DDR Contract signed and accepted by you, or any later amendment to the amount and frequency of payment that is accepted by you. If the nominated day of your debit falls on a public holiday or weekend, Active Moreland: Fawkner Leisure Centre will debit your account on the next business day. It is your responsibility to have clear funds in your account on the due date of the direct debit. By signing this Contract you are agreeing to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 7 below. Should there be any arrears in payments Active Moreland: Fawkner Leisure Centre will be authorised to debit the outstanding balance in order to bring your account up to date. It is your responsibility to advise us if the account nominated by you to receive the Victorian YMCA Direct Debit drawings is transferred or closed. It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the Victorian YMCA Direct Debit drawing.
4. Concession Memberships Concession discount is available for memberships, upon presentation of an appropriate concession card or full time student card. Full details of accepted concession cards can be obtained from the Centre. Holders of concession memberships are required to present current evidence of concession status within 2 weeks if requested. Failure to provide updated concession information will result in the membership automatically reverting to the appropriate non-discounted price.
5a. SUSPENSION OF MEMBERSHIPS (excluding Program Memberships) Memberships, may be suspended (deferred) for a minimum of two weeks and a maximum of 12 weeks at any time with a maximum of 26 weeks per calendar year by completing a Membership/Program Amendment form in writing at the Centre. This request must be lodged a minimum of three business days prior to the start date of suspension and the first proposed non/reduced payment date. The first 4 weeks of suspension per calendar year are free after which suspension will be charged at $6.50 per week for suspension incorporating both free and charged periods the fee will be charged at $6.50 averaged over the full suspension period. All medical suspensions are free of charge upon presentation of a valid medical certificate that covers all requested dates of suspension. Medical suspensions can only be backdated for one month.
5b. Suspension of minimum term memberships Minimum term memberships can be suspended as per clause 5A however the suspension time will extend the minimum term accordingly. For memberships outside of minimum term, clause 5A will apply.
6. SUSPENSION FOR PROGRAMS MEMBERSHIPS Programs members are not able to suspend willingly between the months of February to December; during these months such memberships may be placed on suspension for medical reasons only by completing a Membership/Program Amendment form at the Centre. A valid medical certificate that covers all the requested dates of suspension must be presented at the time of lodgement. Medical suspensions can only be backdated for one month.
7. CANCELLATION The Customer may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to Active Moreland: Fawkner Leisure Centre. Once the cancellation fee or the balance of the minimum term has been paid the contract ceases. If the cancellation fee has been left blank or has been crossed out then this contract may not be cancelled before the expiry of the minimum term. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the box on the front of this Contract requesting termination after the minimum term not be marked, then the Contract shall continue indefinitely until such time as the Customer requests Active Moreland: Fawkner Leisure Centre, after the expiry of the minimum term, terminate the agreement. There will be a period of notice of 14 days unless otherwise specified by Active Moreland: Fawkner Leisure Centre between the date of request and the date of actual termination during which any payment due must still be paid in full.
8. DISHONORED PAYMENTS The Customer will be entitled to their normal access to the Centre until the end of the payment period that follows the final payment as specified on the Cancellation Request form. We reserve the right to cancel this arrangement if two or more drawings are returned unpaid by your nominated Financial Institution and to arrange an alternate payment method. Members cannot place memberships on suspension during notice period or cancel a membership on suspension. Should your payment be dishonoured, Active Moreland: Fawkner Leisure Centre will attempt to contact you by telephone or by mail sent to your last known address. We will debit you an additional administration fee of $15 with your next payment and, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. In the event of payments being dishonoured on two consecutive occasions Active Moreland: Fawkner Leisure Centre reserves the right to terminate your Contract. Active Moreland: Fawkner Leisure Centre may additionally charge any other fees incurred by us in collecting an outstanding balance.
9. ADDITIONAL RESPONSIBILITIES Direct Debit, through BECS, is not available on all accounts. You are advised to check with your financial institution their account details before completing the DDR. You are responsible for ensuring that your nominated bank account or credit card is able to accept direct debits. If it is not, it is your responsibility to provide Active Moreland: Fawkner Leisure Centre with a new bank account or credit card number. It is your responsibility to ensure that the authorisation given to draw on the nominated account is identical to the account signing instruction held by the Financial Institution where the account is based. You are responsible to notify Active Moreland: Fawkner Leisure Centre of any changes to your debit details or contact details by completing a Customer Request form advising your requirements no less than 3 business days prior to the due date or contacting Active Moreland: Fawkner Leisure Centre on phone 9358 6600 or email Fawkner Leisure Centre. The member/addressee is responsible for forwarding all correspondence to the bank account or credit card holder.
10. MISPLACED WRISTBAND/CARD Replacement fee for RFID wristband/card will be $10.30 and barcode membership card will be $4.10 if lost, misplaced or damaged.
11. INCREASE IN FEES AND CHANGE OF TERlMS Active Moreland: Fawkner Leisure Centre may at any time upon sending written notice by mail, email or a Centre newsletter to your last known address and giving 30 days notice, increase the instalment amount. In the event that other terms are to change, we will upon sending written correspondence or a Centre newsletter to your last known address, give you at least 14 days notice of these changes including, but not limited to, new frequency and debit date schedule. If you have any questions on any proposed changes, please contact Active Moreland: Fawkner Leisure Centre. For more information, please refer to the Active Moreland Aquatic and Leisure Services Fees and Charges Policy.
12. DISPUTES All disputes regarding a direct debit payment should be referred to Active Moreland: Fawkner Leisure Centre in person, by telephone 9354 3504,email Fawkner Leisure Centre or mail to Active Moreland: Fawkner Leisure Centre, 79-83 Jukes Road, Fawkner Victoria 3060 or via your nominated Financial Institution.
13. ENTITLEMENT Provision of services provided by the Centre may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By signing this agreement you are agreeing to be bound by the rules and conditions of the Centre. The Management at Active Moreland: Fawkner Leisure Centre reserves the right to cancel the rights of any member not complying with the conditions of membership or rules of the Centre at any time.
14. PROVISION OF SERVICE Change of location or ownership or the name of the Centre does not absolve you of your responsibilities under the terms and conditions of this Contract.
15. CREDIT/DEBT REPORTING AGENCIES Active Moreland: Fawkner Leisure Centre will be authorised to notify any debt collection/credit-reporting agency upon default by you in regard to any obligation under this Contract. Should this occur then at Active Moreland: Fawkner Leisure Centre sole discretion, it may terminate your contract at which time the full outstanding balance for the remainder of the minimum term or payments including any current arrears shall be due immediately in full. In addition Active Moreland: Fawkner Leisure Centre shall add $30 to the outstanding debt as its fee for dealing with the defaulting member. Active Moreland: Fawkner Leisure Centre is further authorised to add any further amount to the outstanding debt that might be reasonably incurred by them in collecting the outstanding debt. This further amount shall include the fees of the agency to which the account is referred.
16. ENTIRE AGREEMENT This Contract and DDR Service Agreement constitute the entire agreement, understanding and arrangement (express and implied) between you, the Customer, Active Moreland: Fawkner Leisure Centre relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
17. CUSTOMER CONDUCT Inappropriate behaviour - physical, verbal or otherwise - by customers towards any employee, contractor, member or patron may result in cancellation of membership or multi-visit pass and/or removal from the premises. Active Moreland: Fawkner Leisure Centre reserves the right to refuse entry to any person, request any person to leave and/or cancel any membership or multi-visit pass in accordance with these terms and conditions. Items that in the opinion of Active Moreland: Fawkner Leisure Centre employees could cause harm or public nuisance are not permitted within the facility.
19. LIABILITY To the extent permitted by law, the Active Moreland: Fawkner Leisure Centre and Moreland City Council shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. Active Moreland: Fawkner Leisure Centre and Active Moreland are not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Centre at your own risk.