Terms and Conditions

We want to keep you and your family safe and having a great time in our centres, so we have a few terms and conditions. They’re not hard but they are important – read on to make sure you’re on board with everything.

Visitor conduct

Child safeguarding is a fundamental part of our culture here at the YMCA. We have demonstrated this commitment by becoming New Zealand’s first accredited Safeguarding Children organisation through the internationally renowned Australian Childhood Foundation (ACF). We expect all of our visitors to follow our guidelines for appropriate behaviour when in our centres – further information can be found in your local centre or ymcaauckland.org.nz/safeguarding.

Some YMCA programmes, outside of those requiring specific sector ratio requirements, may on limited occasions require staff working to a single staff model an/or a 1-to-1 basis with groups of children/young people and/or a child/young person. All staff are recruited under Safer Recruitment processes, undertake the YMCA mandatory Safeguarding Training and staff operating to this single model will also have this practice as a recognised element of their Position Description.


Please read below for specific terms & conditions relating to your membership.

 

Gym rules

  • Respect your fellow club members and our equipment by keeping up your personal hygiene.
  • Use a sweat towel when you work out.
  • Wipe down equipment after use with the sanitiser and wipe towels provided.
  • Wear workout clothing and remain appropriately clothed.
  • Wear fully enclosed training shoes.
  • Keep noise to a minimum and respect any classes taking place in the area.
  • Leave your bags in the cubbyholes or lockers provided.
  • Return your weights to the rack after use, and please try not to drop them.
  • Don’t make or take mobile phone calls on the fitness floor.
  • Keep to the time limits on cardio machines during busy periods.
  • Have fun!

 

Pool rules

  • All children 10 years and younger must be actively supervised by a caregiver 17 years or over at all times. *Actively supervised means watching your children at all times and able to provide immediate help and at a close distance where you can see, hear and be heard by your child. Your child must be able to see you.
  • Children 4 years and under must be accompanied in the pool and within arm’s reach of a caregiver aged 17 years or over at all times.
  • Maximum adult to child ratios:
              -  One adult to two under 5 year olds
              -  One adult to four 5-10 year olds
              -  One adult to one under 5 year old and three 5-10 year olds
  • Appropriate swimwear is to be worn at all times. This includes togs, shorts (above knee) and rash tops – singlets, boxer shorts, bras or camisoles, and denim shorts are not permitted.
  • Running, jumping, bombing, diving, play fighting and pushing are prohibited in and around pool areas unless explicitly stated otherwise.
  • No food or drink shall be consumed in the pools.
  • Chewing gum is prohibited anywhere in the facility.
  • For hygiene please shower before entering any pool.
  • Any person with open sores, wounds or skin infections may be refused entry to, or asked to leave the pools for public hygiene reasons.
  • All children who are three years old and under or anyone who has not been toilet trained must wear swimming nappies.
  • Soap, hair products and cleansers must only be used in the designated shower areas.
  • Any substances that may result in the pool becoming dis-coloured, rendered unpleasant, turbid or unfit for proper use are prohibited.
  • Children aged 17 years and younger are not permitted to use the sauna/steam or spa
  • Water or any other liquid is not to be dispersed by customers around the sauna or on sauna stones or elements. Paper plates, cups and plastic cutlery only around the pool areas; glassware is prohibited in or around pool areas.

 

Sauna and Spa pools

  • Do not use if you are pregnant, have a serious illness, heart condition, high or low blood pressure, a respiratory condition or any other medical condition which may affect your reaction to heat.
  • Exit immediately if you are uncomfortable, dizzy or sleepy and seek the assistance of staff
  • All users must be 17 years and older
  • Take a break after 15 minutes
  • Remember to drink plenty of water
  • Shower and towel dry before and after use
  • A towel or mat must be used to sit on
  • Please do not pour water on the sauna rocks
  • Oils or lotions are not to be used
  • No spitting

 

Fitness & Pool Membership

1.     Parties to the agreement contract

This contract is between the member ("customer") and The Young Men’s Christian Association of Auckland Inc. (''YMCA").

2.     Definitions

Continuous Agreements means agreements paid via weekly or monthly direct debit and which have no fixed term period of renewal. Therefore, they will continue indefinitely until terminated by the customer or YMCA.

Minimum Obligation Agreements means agreements that have a minimum term commitment to maintain payments, post this minimum term the agreement will continue indefinitely until terminated by the customer or YMCA.

Fixed Term Agreements means agreements that have a fixed term.

Cycle Fees means agreed fee paid in advance via monthly or weekly direct debit.

PIF means paid in full or paid to confirm place on course, made at time of confirmation

3.     Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.    

4.     Customer agrees to:

  • Comply with all Club rules (which are available online at www.ymcaauckland.org.nz/terms or available to view in Club).  The spirit of all YMCA’s facilities is to provide an all-inclusive community environment to reach the customer’s potential.  Customers agree to be respectful of this, and enjoy themselves.  If a customer breaches any of the YMCA rules and/or acts in a manner that is contrary to the spirit of YMCA, YMCA may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.
  • Be responsible for YMCA member tags, which are to be swiped on entry to all Clubs.  If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. YMCA reserves the right to disallow access if a customer uses any YMCA facilities without their YMCA Membership tag.
  • Allow YMCA to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.
  • Allow YMCA to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. YMCA will endeavour to reduce variations to agreed services and facilities available.

5.     Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

6.     Direct Debits

Direct debits may be administered by YMCA or by a third party appointed by YMCA. YMCA will provide the customer with the appropriate Direct Debit Authority Form to complete when they sign up to be a member.  The direct debit facility will be used for payment of all fees and amounts owed by the customer as they become due in relationship to this Agreement.

The customer is required to submit and complete the direct debit information accurately and any associated forms before the commencement date of the customer’s membership. The customer can opt to print and sign the direct forms and present at site; the customer must do this if the bank account needs a joint signatory. If the customer selects this option, the bank mandate must be presented to the club before the commencement date of the customer’s membership. The initial payment will consist of the cycle fee, sign-up fee (as indicated in the Agreement and a prorate cycle fee based on a calculated daily amount from the agreed cycle fee to pay for the period from the date of sign up to the date of first direct debit. Direct debits will be deducted from the customer’s nominated account every Thursday for weekly fee payments and on the 20th of each month for monthly fee payments. If a direct debit cannot be processed (e.g. because of insufficient funds or changes to the customer’s bank account), YMCA or its agent, may charge an administration fee of $20.  Any other charges incurred due to insufficient funds will be the responsibility of the customer. If a direct debit cannot be processed for two successive payment dates, YMCA may terminate the customer’s membership by providing him/her with written notice of termination.  After one missed payment, YMCA may suspend the customer’s membership until a payment plan is in place. To re-join as a member or end any suspension due to non-payment of fees, the customer must pay all amounts owing, plus any applicable joining or administration fees.

7.     Changes in Membership Fees

Outside of any minimum term obligation agreed to by the customer, YMCA may increase membership fees at any time giving 30 days’ notice.

Fixed Term Agreements fees are fixed for the term of that agreement only and may increase upon renewal.

Where there has been material variation to services, times and/or facilities at the customer's home Club, YMCA may reduce the fees at its discretion in line with the extent and length of disruption.

8.     Freezing of membership

Customers are entitled to apply to their home Club to freeze their membership for a maximum of four months (4) in any one (1) calendar year. A customer may apply to freeze their membership due to medical, travel or personal reasons for a minimum period of one (1) month up to a maximum of four (4) month at one time.  Written notice or completion of YMCA’s membership suspension form, including a reactivation date in each case, must be provided at least one (1) week prior to the freeze being activated. in order for YMCA to process the freeze. Freezes can take up to 5 business days to process and the customer agrees direct debits will not be stopped within this period. YMCA will endeavour to process requests immediately. Customers will not have access to any bookings or facilities that form part of the Agreement while the freeze is in place

9.     Termination

If a customer wishes to terminate their Continuous Agreement or their No Obligation Agreement, they must give ten (10) days’ notice. 

If a customer has an agreed Fixed Term Agreement or Minimum Obligation Agreement, and wishes to terminate their membership within the fixed term or minimum obligation period, the customer must pay a cancellation fee of $150 or 25% of the remaining contract value, whichever is the lesser of the two (2) amounts.  This excludes up-front payments made for a specific booking or service provided by the YMCA where the termination clauses within the Booking T&C’s apply.  The customer agrees to adhere to these clauses as part of this agreement. 

Termination of membership is to be made by the customer via written notice to a YMCA Club. Customers will have access to facilities during termination notice period, up to the final day customer has paid for, and this will be stipulated on YMCA’s confirmation of termination. All deposits or Cycle Fee payments processed up to and during termination notice period are non-refundable. YMCA may terminate the customer’s membership immediately at its discretion, if the customer fails to comply with these terms and conditions and/or any YMCA policies (which may vary from time to time) and/or on-site Club notification boards and notices and does not remedy such failure after being given one weeks’ notice in writing to do so.  If the breach is one that cannot be remedied, YMCA may terminate immediately .Early termination by YMCA does not reduce the amounts owed by the customers as per above clauses. In the event that YMCA terminates a Fixed Term Agreement, the customer will be refunded a pro-rate amount of the remaining value of the agreement less any fees owed to YMCA.

10.     Overdue payments

If a balance is outstanding for more than four (4) weeks YMCA may notify any credit reporting or referencing agency of the default, and may pass the customer’s debt for collection to a third party agency.

11.     Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities.  The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the YMCA facilities. YMCA agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. YMCA reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which YMCA considers dangerous, offensive, or in breach of any health and safety requirement.

12.     Liability and indemnity

YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the YMCA facilities.  The customer shall be responsible for taking care of his or her own property and YMCA shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that YMCA is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to equipment of the YMCA facilities.

13.     Privacy Policy

YMCA needs to collect personal information about our customers to be able to offer the best possible service experience. YMCA will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

YMCA manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that YMCA ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s)

 

Private Lesson

1.     Booking process

All private lessons are enrolled by YMCA staff; to ensure each customer is placed with appropriate instructors at a suitable time.

Lessons are not booked until payment in full has been received.  A confirmation email will be sent once session is confirmed as booked.

If more than 10 lessons are booked in advance, a Direct Debit mandate can be agreed if you are an existing Club Member, please refer to Private lesson agreement available on request

Instructors and time are on a first come, first served basis.

Lessons can be booked up to three (3) months in advance.           

2.     Changing pre-booked sessions

First transfer of time slot request: The customer may contact YMCA to change the Private session time up to 24 hours prior to session.  YMCA will endeavour to accommodate customers and will not charge.

Customers can change Private Session timeslots for no extra charge once every six (6) months.

4.     Refund and Cancellations

All sessions require a ten (10) day notice period for cancellation.

All sessions cancelled with ten (10) days' notice will be refunded in full.

Sessions cancelled with less than ten (10) days' notice will not be refunded.

No Shows will be charged the full session amount.

5.     Attending a lession

Swipe your membership tag upon entering the facility

Your session will start on time. Please ensure you are in correct attire and ready for your session at the scheduled time, as the class will on schedule.

Changing rooms are provided onsite. Please ensure all personal belongings are not left in the changing rooms. YMCA takes no responsibility for lost or damaged personal property.

6.     Swim Attire - Code of Conduct includes:

  • Swimming togs, Swimming trunks and body suits specifically designed for swimming in (excludes wet suits).
  • Swim hats and goggles may also be worn at customer discretion.
  • Babies are required to wear swim nappies at all times, while in the pool.

7.     Fitness Attire - Code of Conduct includes:

It is expected that all customers;

  • Carry a towel while training
  • Use the cleaning spray and towel provided to clean equipment and mats after use
  • Share equipment in the spirit of the YMCA community
  • Wear appropriate training clothing that covers the torso.  Shorts and leggings must always be worn.

8.     Guardian requirements

  • YMCA recommends that an adult acting as the child's guardian is present during all course sessions, as YMCA does not take on guardianship duties before/after or during the session
  • For babies attending swim school, the onsite adult will be required to be in the pool during the session

9.     Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.    

10.     Customer agrees to:

Comply with all Club rules (which are available online at www.ymcaauckland.org.nz/terms or available to view in Club).  The spirit of all YMCA’s facilities is to provide an all-inclusive community environment to reach the customer’s potential.  Customers agree to be respectful of this, and enjoy themselves.  If a customer breaches any of the YMCA rules and/or acts in a manner that is contrary to the spirit of YMCA, YMCA may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.

Be responsible for YMCA member tags, which are to be swiped on entry to all Clubs.  If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. YMCA reserves the right to disallow access if a customer uses any YMCA facilities without their YMCA Membership tag.

Allow YMCA to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.

Allow YMCA to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. YMCA will endeavour to reduce variations to agreed services and facilities available.

11.     Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

12.     Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities.  The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the YMCA facilities. YMCA agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. YMCA reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which YMCA considers dangerous, offensive, or in breach of any health and safety requirement.

13.     Liability and indemnity

YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the YMCA facilities.  The customer shall be responsible for taking care of his or her own property and YMCA shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that YMCA is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to equipment of the YMCA facilities.

14.     Privacy Policy

YMCA needs to collect personal information about our customers to be able to offer the best possible service experience. YMCA will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

YMCA manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that YMCA ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.

 

Swim School 

1.     Parties to the purchase

This contract is between the name on application (“customer”) and The Young Men’s Christian Association of Auckland Inc.  (“YMCA”)

2.     Booking process

All courses will be enrolled by YMCA staff to ensure each child is placed in sessions that enable an active learning environment that is appropriate to the skill level of your child

New customers may be asked to come to the Centre and take an assessment prior to placement onto a scheduled course 

An assessment does not automatically mean enrolment has been completed

Once your registration has been reviewed a confirmation of enrolment with scheduled day and time will be emailed, confirmation can be made online or on site

If no Direct Debit mandate has been agreed, then payment must be made in full to confirm your space on the course.

Your booking will be automatically rolled over each term to ensure your child is able to continue to access the courses, you will need to advise the swim school office prior to the end of your current booking if you do not wish to keep your space the following term.

Courses do not operate during public holidays, if your scheduled day lands on a public holiday no additional class will be added during the term.

3.     Refund and Cancellations

Direct Debit payments are governed by the Terms and Conditions within the Agreement

For enrolments which are Paid in Full:

  • Cancellations prior to the start of term, will be given a refund, less $15 administration fee upon submission of a cancellation form
  • Cancellations from the start week of course, will not be offered a refund, unless exceptional circumstances relating to personal, medical circumstances have occurred

Enrolments are non-refundable or transferable; YMCA is not obligated to provide refunds on any unused classes.

No refunds are given for missed lessons

4.     Make up sessions

YMCA will provide one (1) make up lesson per student per term for sickness.  YMCA must be contacted in advance of the lesson starting via phone or email.

  • Notification of absence received after a lesson will not be accepted
  • Makeup sessions must take place during the current term or school holiday block if available and cannot be carried over to another term or customer.           

In the event a lesson is cancelled by a YMCA Centre the YMCA will provide one (1) make-up lesson only.  This must be used within four (4) weeks and is non-transferable to other students.     

5.     Attending a lesson

You must swipe your membership tag upon entering the facility

Your lesson will start on time.  Please ensure you are in swim attire and ready for your lesson at the scheduled time, as the class will end on schedule

Changing rooms are provided onsite.  Please ensure all personal belongings are not left in the changing rooms. YMCA takes no responsibility for lost or damaged personal property.

6.     Swim Attire includes

  • Swimming togs, Swimming trunks and body suits, specifically designed for swimming (excludes wet suits)
  • Swim hats and goggles may also be worn at customer discretion
  • Children under the age of three (3) years old are required to wear swim nappies at all times, while in the pool.

7.     Guardian requirements

  • YMCA recommends that an adult acting as the child's guardian is present during all course sessions, as YMCA does not take on guardianship duties before/after or during the session
  • For babies attending swim school, the onsite adult will be required to be in the pool during the session

8.     Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.    

9.     Customer agrees to:

Comply with all Club rules (which are available online at www.ymcaauckland.org.nz/terms or available to view in Club).  The spirit of all YMCA’s facilities is to provide an all-inclusive community environment to reach the customer’s potential.  Customers agree to be respectful of this, and enjoy themselves.  If a customer breaches any of the YMCA rules and/or acts in a manner that is contrary to the spirit of YMCA, YMCA may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.

Be responsible for YMCA member tags, which are to be swiped on entry to all Clubs.  If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. YMCA reserves the right to disallow access if a customer uses any YMCA facilities without their YMCA Membership tag.

Allow YMCA to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.

Allow YMCA to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. YMCA will endeavour to reduce variations to agreed services and facilities available.

10.     Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

11.     Direct Debits

Direct debits may be administered by YMCA or by a third party appointed by YMCA. YMCA will provide the customer with the appropriate Direct Debit Authority Form to complete when they sign up to be a member.  The direct debit facility will be used for payment of all fees and amounts owed by the customer as they become due in relationship to this Agreement.

The customer is required to submit and complete the direct debit information accurately and any associated forms before the commencement date of the customer’s membership. The customer can opt to print and sign the direct forms and present at site; the customer must do this if the bank account needs a joint signatory. If the customer selects this option, the bank mandate must be presented to the club before the commencement date of the customer’s membership. The initial payment will consist of the cycle fee, sign-up fee (as indicated in the Agreement and a prorate cycle fee based on a calculated daily amount from the agreed cycle fee to pay for the period from the date of sign up to the date of first direct debit. Direct debits will be deducted from the customer’s nominated account every Thursday for weekly fee payments and on the 20th of each month for monthly fee payments. If a direct debit cannot be processed (e.g. because of insufficient funds or changes to the customer’s bank account), YMCA or its agent, may charge an administration fee of $20.  Any other charges incurred due to insufficient funds will be the responsibility of the customer. If a direct debit cannot be processed for two successive payment dates, YMCA may terminate the customer’s membership by providing him/her with written notice of termination.  After one missed payment, YMCA may suspend the customer’s membership until a payment plan is in place. To re-join as a member or end any suspension due to non-payment of fees, the customer must pay all amounts owing, plus any applicable joining or administration fees.

12.     Changes in Membership Fees

Outside of any minimum term obligation agreed to by the customer, YMCA may increase membership fees at any time giving 30 days’ notice.

Fixed Term Agreements fees are fixed for the term of that agreement only and may increase upon renewal.

Where there has been material variation to services, times and/or facilities at the customer's home Club, YMCA may reduce the fees at its discretion in line with the extent and length of disruption.

13.     Freezing of membership

Customers are entitled to apply to their home Club to freeze their membership for a maximum of four months (4) in any one (1) calendar year. A customer may apply to freeze their membership due to medical, travel or personal reasons for a minimum period of one (1) month up to a maximum of four (4) month at one time.  Written notice or completion of YMCA’s membership suspension form, including a reactivation date in each case, must be provided at least one (1) week prior to the freeze being activated. in order for YMCA to process the freeze. Freezes can take up to 5 business days to process and the customer agrees direct debits will not be stopped within this period. YMCA will endeavour to process requests immediately. Customers will not have access to any bookings or facilities that form part of the Agreement while the freeze is in place

14.     Termination

If a customer wishes to terminate their Continuous Agreement or their No Obligation Agreement, they must give ten (10) days’ notice. 

If a customer has an agreed Fixed Term Agreement or Minimum Obligation Agreement, and wishes to terminate their membership within the fixed term or minimum obligation period, the customer must pay a cancellation fee of $150 or 25% of the remaining contract value, whichever is the lesser of the two (2) amounts.  This excludes up-front payments made for a specific booking or service provided by the YMCA where the termination clauses within the Booking T&C’s apply.  The customer agrees to adhere to these clauses as part of this agreement. 

Termination of membership is to be made by the customer via written notice to a YMCA Club. Customers will have access to facilities during termination notice period, up to the final day customer has paid for, and this will be stipulated on YMCA’s confirmation of termination. All deposits or Cycle Fee payments processed up to and during termination notice period are non-refundable. YMCA may terminate the customer’s membership immediately at its discretion, if the customer fails to comply with these terms and conditions and/or any YMCA policies (which may vary from time to time) and/or on-site Club notification boards and notices and does not remedy such failure after being given one weeks’ notice in writing to do so.  If the breach is one that cannot be remedied, YMCA may terminate immediately .Early termination by YMCA does not reduce the amounts owed by the customers as per above clauses. In the event that YMCA terminates a Fixed Term Agreement, the customer will be refunded a pro-rate amount of the remaining value of the agreement less any fees owed to YMCA.

15.     Overdue payments

If a balance is outstanding for more than four (4) weeks YMCA may notify any credit reporting or referencing agency of the default, and may pass the customer’s debt for collection to a third party agency.

16.     Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities.  The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the YMCA facilities. YMCA agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. YMCA reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which YMCA considers dangerous, offensive, or in breach of any health and safety requirement.

17.     Liability and indemnity

YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the YMCA facilities.  The customer shall be responsible for taking care of his or her own property and YMCA shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that YMCA is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to equipment of the YMCA facilities.

18.     Privacy Policy

YMCA needs to collect personal information about our customers to be able to offer the best possible service experience. YMCA will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

YMCA manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that YMCA ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.


 

Venue Hire

1.     Parties to the purchase

This contract is between the name on application (“customer”) and The Young Men’s Christian Association of Auckland Inc.  (“YMCA”)

2.     Definitions

Application form means the completed and signed Application for Hire form overleaf;

Deposit means the sum payable in accordance with clause 3 (3), or if no deposit is payable, the hiring charge;

Facilities means the part of the YMCA Centre fixtures, fittings, equipment and services specified above;

Hirer means the person or association referred to on the application for hire form and includes a number of members or any invitee thereof;

Hiring charge means the sum payable in accordance with clause 3(2);

Hiring period means the period or periods specified on the application form;

Hiring purpose means the purpose specified on the application form;

Centre Manager means and includes an assistant or acting Centre Manager and any duly authorised or designated officers of the YMCA;

Dangerous goods as defined by the New Zealand Code for the Transport of Dangerous Goods by Road or Rail and/or as defined by the Hazardous Substances and New Organisms Act 1996.

3.     Agreement for Hire

          1)      Subject to the payment of the monies by the Hirer to the YMCA as specified in these conditions.

          2)      These conditions and the Application Form are the entire agreement between the parties.

          3)      This agreement is not binding on the YMCA until the Application Form has been signed by the Centre Manager and the deposit has been paid. 

4.     Hiring Charges

Setting of Charge:

  • If the Hiring Charge is described in the confirmation letter as” fixed”, the amount is the Hiring Charge payable.
  • If the Hiring Charge is described in the confirmation letter as “indicative”, the amount shown is the minimum Hiring Charge and may be varied by the YMCA.  The Hiring Charge payable will be the total of the minimum Hiring Charge and the additional amount.

Payment of Charge:

The Hiring Charge is to be paid in full to the YMCA at least 28 days before the start of the Hiring Period or such other period as required before the Hiring Period, or, if the Application Form is submitted later than 28 days before any Hiring Period, at the time of submission.

Bond:

At the Centre Managers discretion a bond may be required. Bonds relate to cleaning, staff, equipment and the setting up and dismantling of equipment and are estimates based on information provided by the Hirer.  If those costs are exceeded, the Hirer is liable to pay the amount of excess to the YMCA on demand.

If the bond is less than the excess the Hirer will pay the difference on demand.  If the bond is more than the excess the YMCA may apply the balance to meet any liability of the Hirer under Clause 7, but otherwise will refund it.

If the Hirer does not pay the hiring charge, deposit or bond as soon as it becomes due, the Hirer may be deemed to have cancelled the hiring under Clause 5, and shall be liable for any costs or losses incurred or revenue forgone as a result of the failure to comply with the condition.

YMCA will not be liable for any loss arising from such cancellations.

5.     Cancellation by Hirer

The Hirer may cancel the Hiring by giving the Centre Manager a notice in writing of their intention to cancel the Hiring.

          1.       If, at least 28 days before the Hiring Period or such other period as may be required, the Hirer cancels the Hiring the YMCA will refund the amount paid after deducting any expenses incurred by the YMCA incidental to the Hiring
          2.       If the Hirer cancels the hiring less than the required period of 28 days before the hiring period the YMCA may retain the deposit and the Hirer will be liable for any losses sustained by the YMCA arising from the cancellation, whether direct or indirect and including loss of revenue arising from short notice.
          3.       If the Hirer cancels the hiring less than 7  days before the hiring period, the YMCA may retain the entire cost of the booking and the Hirer will be liable for any losses sustained by the YMCA arising from the cancellation, whether direct or indirect and including loss of revenue arising from short notice.

6.     Cancellation by the Manager

The Centre Manager may cancel the hiring if in their reasonable opinion:

          1.       The Facilities will be unfit for use during the hiring period,
          2.       The Facilities may be unduly damaged by use for the hiring purpose, or
          3.       The Hirer has failed to comply with these Conditions of Hire.

For any other reason that deters from safe and suitable hire practices deemed by YMCA

Where the Centre Manager cancels the Hiring, the deposit will be repaid to the Hirer, except where cancellation is due to the Hirer’s non-compliance with Condition 6 (1) (c).

The YMCA will not be liable for any loss or damage arising out of cancellation of the hiring by the Centre Manager. 

7.     Damage to the Facility

The Hirer agrees to pay the YMCA on demand the cost of repairing or making good any damage to the facility or the loss of any equipment arising out of or incidental to the hiring other than the damage caused by events which the YMCA agrees are outside the control of the Hirer.

The Hirer agrees and acknowledges that smoking, incense or ceremonial fires and smoke machines is strictly prohibited in this building.  The Hirer agrees that any unwanted alarm activations due to the above or burnt food from cooking will be paid in full by the Hirer – this fee is approximately $1300 + GST. 

8.     Exclusion of Liability

To the fullest extent permitted by law, the YMCA will not be liable for:

  • Any loss or damage caused directly or indirectly by any fault or failure of electricity supply, lighting, heating, electronic equipment or public address systems; or
  • Any loss or injury to any person or their property as a result of accepting the Hirer’s bookings no matter how it arises.
  • The parties agree that in the event that the hire of the Facilities constitutes a supply of services of a kind ordinarily acquired for personal use, the Hirer warrants that the hire of the facilities is for Business Purposes (as defined by the Consumer Guarantees Act 1993) and that the Consumer Guarantees Act 1993 does not apply to this agreement.

9.     Indemnity

The Hirer will indemnify and keep indemnified the YMCA and its employees, officers and agents against all actions, proceedings, claims and demands which may be brought or made against them, by any person in respect of loss, damage or injury arising out of or in connection with, whether directly or indirectly, the hiring of the Facilities by the Hirer and against all costs, damages and expenses which may be incurred by the YMCA or its officers, employees or agents in defending or settling those actions, proceedings, claims or demands provided however that this indemnity shall not extend to a deliberate or wilful omission of the YMCA or its employees, officers and agents, the YMCAs liability shall be subject and limited to the provisions of clause 8.

10.     Admission and Removal of Person

The Centre Manager may at any time, in his/her absolute discretion:

  • Refuse admission of any person to facility;
  • Direct any person or persons to leave facility;
  • And shall not be liable for any loss or damage resulting from such action.

The Centre Manager may at any time in his/her absolute discretion; close the Facilities for the purpose of ensuring the safety of those present.

11.     YMCA - Hirers checklist 

YMCA Equipment

  • Tables and chairs must not be put hard up against the walls, but can be laid up against the carpeted walls.

Safety Management

  • The Hirer must check in at reception on arrival to notify us, how many people will be attending your meeting/gathering.

Setting up

  • The Hirer is responsible for their own set up.  Set up and pack down must be done during hire time. If hirer collects tables and chairs from the storage, these must be returned as found, after the meeting or gathering.  All tables and chairs stacked away neatly – any extra time staff incurs to do this may be charged to the hirer.

Decorations

  • No decorations and scenery etc,. may be attached to or hung from the walls, ceilings, floors, curtains or any part of the Centre without prior approval from the Manager.  Appropriate attachment methods and areas of attachment will be discussed at time of approval.  The use of confetti and staples are strictly prohibited.

Food and drinks

  • Rooms are to be left clean and tidy, all food must be disposed of. Outside catering and equipment must be cleared before the end of the hire
  • Any spillage of food or drink must be immediately cleaned. No Food or Drink allowed on Stadium Floor
  • Hirers will not use any form of cooking device other than supplied by the centre.  This includes but not exclusive to gas barbeques, hotplates, spits, gas burners.
  • Hirers are responsible for leaving the kitchen clean.  This includes washing and packing away of any crockery used from the centre supply.

Alcohol & Smoking

  • Hirers will not bring any form of alcohol on to the grounds

End of hire

  • All windows and doors must be secure when leaving and heaters turned off.
  • Hirers are to supply their own crockery where possible.
  • Hirers are to supply their own tea, coffee, sugar, dishwashing detergent and other supplies. The hirer will remove all forms of rubbish and dispose in the designated bins.  This includes but not exclusive to waste food, toxic materials, decorations and hair cuttings.
  • Hirers will NOT dispose of any waste food or toxic materials in drains, sinks or toilets.

Sound and noise

  • Amplifiers and loudspeaker systems must be kept to a moderate level and no later than 10:00pm on Sundays nor later than 12:00 midnight on Saturdays and weeknights. Failure to comply with this condition may result in early closure of the function and forfeit of bond.  Action taken from the Noise Control Office will result in a deduction from the bond.

Lost property

  • Any items of property left at the YMCA are done so at the hirers own risk.  YMCA will not be responsible for any items lost or broken and reserve the right to dispose of left items at their own discretion after seven (7) days of being left without requirement to compensate cost.

12.     Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities.  The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the YMCA facilities. YMCA agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. YMCA reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which YMCA considers dangerous, offensive, or in breach of any health and safety requirement.

13.     Liability and indemnity

YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the YMCA facilities.  The customer shall be responsible for taking care of his or her own property and YMCA shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that YMCA is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to equipment of the YMCA facilities.

14.     Privacy Policy

YMCA needs to collect personal information about our customers to be able to offer the best possible service experience. YMCA will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

YMCA manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that YMCA ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.

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