Terms and Conditions

WELCOME

Last updated: 1/10/2025

The YMCA Victoria welcomes you to the Moonee Valley Gymnastics. This program is managed by YMCA and the building is owned by Moonee Valley City Council.
At Moonee Valley Gymnastics community comes first. We believe in building community connections and are proud to contribute to creating a vibrant and inclusive facility.
To guarantee a safe and enjoyable experience for all, please take a moment to familiarise yourself with the below Conditions of Entry.
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ENTRING THE FACILITY

By entering the Facility, you must, at all times, comply with:

All posted signs and instructions provided by staff from either the YMCA or Council, including emergency procedures.

• The specific conditions of entry applicable to different areas within the facility, including dress-code and attire standards.

To the fullest extent permitted by law, YMCA Victoria and Moonee Valley City Council retain the right to deny you entry to the Facility, require you to leave, or cancel/suspend your membership, for any reason, including but not limited to:

• Bringing, or attempting to bring, an animal on the premises, except where it is a guide or assistance/service animal.
• Bringing, or attempting to bring, prohibited items on the premises, including alcohol, drugs, weapons, glass, and other objects reasonably capable of causing harm.
• Being, or appearing to be, under the influence of drugs or alcohol.
• Engaging in, or attempting to engage in, any of the prohibited behaviours outlined below:

PROHIBITED BEHAVIOUR

Smoking, or using, electronic cigarettes (including vapes).

• Using offensive language or engaging in offensive behaviour.
• Displaying offensive images, symbols or text, including tattoos and clothing.
• Disrespecting other patrons or staff.
• Interfering with the enjoyment of the premises by other patrons.
• Endangering or causing injury to patrons and staff.
• Obstructing or hindering YMCA or Council staff from performing their duties.
• Causing damage to the premises or any property.

CHILDREN AND SUPERVISION

• Children under 10 years of age are not allowed to enter the premises unless accompanied and supervised by a fee-paying adult over the age of 16 years.
• If you are accompanying a child under 10 years of age, you are responsible for actively supervising your child/children at all times and ensuring their compliance with these Conditions of Entry.

PERSONAL PROPERTY AND SECURITY

• Your personal property must not be left unattended, except in a secured locker.

PHOTOGRAPHY AND PRIVACY

• Capturing photos or videos of your child during swimming lessons is permitted under the following strict conditions to respect the privacy and safety of others:
  • You must obtain consent from all individuals captured in the image or video.
  • It is illegal to publish or broadcast images without consent.
  • Under no circumstances are cameras, mobile phones, or video recording devices to be used in change room areas.
• Failure to comply may result in immediate removal from the Centre and referral to authorities if necessary.

CCTV

• Closed-circuit television (CCTV) cameras are in operation throughout the facility.
• Prior consent from YMCA or Council staff is required for the use of cameras, video cameras, or any other audio or visual recording devices.
• Prior consent from YMCA or Council staff is required for any private services to be performed within the facility.

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Please see below for Area specific Terms and conditions of entry:

GYMNASTICS

• Only registered participants and staff may enter the gymnastics floor area.
• Parents/guardians must remain within designated viewing zones.
• Jewellery must be removed before participation.
• Participants must follow coach instruction at all times.
• Long hair must be tied back.

Annual Gymnastics Registration Fee

An annual registration fee applies at the time of enrolment and each calendar year thereafter. For online enrolments, this fee will be added to your account after sign-up and charged with your first direct debit payment. The current fee amount is listed below, which may be reviewed annually,.

This fee covers YMCA Victoria administration costs as well as registration with Gymnastics Victoria and Gymnastics Australia.

• Recreation and Competition Gymnastics: $80.00
• Pre-School Gymnastics: $65.00

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PROGRAMS AND MEMBERSHIPS

• If you are a member or enrolled into our programs you are bound by program-specific or membership terms upon enrolment which is located via your online account under agreements.

Public Holidays

• No gymnastics lessons are conducted on public holidays.
• Direct Debit members may book a make-up lesson as per Clause below.
• Term-paying members are not charged for public holidays and therefore are not eligible for make-up lessons.

Missed Gymnastics and Make-Ups

• Direct Debit customers are entitled to unlimited make-up lessons used within 90 days. (excluding competition pathway).
• Make-up lessons are subject to availability and can be booked via your online account through the client portal.

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OUR POLICIES

Keeping our staff, customer and community safe. Please see link to find our child safety, occupational health and safety and environmental policy.
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LIABILITY

• You will be held responsible for any damage caused to the premises or any property on the premises by yourself or any accompanying children.
• The YMCA and the Council do not accept liability for any injury or death of any person at the premises for any loss or damage to personal property on the premises, to the extent permitted by law.
• If any of these Conditions of Entry, or part thereof, are held to be illegal, invalid, void or unenforceable, that condition is severable, without affecting the validity or enforceability of the remaining part of that Condition or the other Conditions.

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because these activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this sign.

NOTE: The change to your rights, as set out in or on this sign, 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 committing to doing 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.

GYMNASTICS – Moonee Valley

Last updated: 1/10/2025

1. INTRODUCTION

1.1 These Terms and Conditions govern the membership service agreement under which you agree to become a member of Moonee Valley Gymnastics managed by Victorian YMCA Community Programming Pty Ltd ABN 75 092 818 445 (YMCA Victoria, us, we).

1.2 Upon agreeing to these Terms and Conditions, you are entering into a legally binding Agreement. This Agreement is made up of these Terms and Conditions, the Centre Conditions of Entry which can be found in the Centre Terms and Conditions above, and any other document referred to in this form (Contract).

1.3 These Terms and Conditions set out your right to use our facilities and services, and the obligations you have to comply with as a member.

1.4 Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services, rather they provide you with an entitlement to use the facilities.

1.5 You promise to tell us if at any time you believe that you may not be able to comply with your obligations under this agreement, including payment of fees, so we can discuss your options with you.

1.6 A change in the name, location, or ownership of the Centre does not affect your obligations under this Contract, provided the services continue to be delivered substantially as outlined at the time of enrolment.

2. PARTIES TO CONTRACT

2.1 Moonee Valley City Council ABN ABN 54 651 216 324 is the owner of the centre. YMCA holds the management’s rights to the Centre. The “Centre” means the facility providing the service for which the Customer is paying, in this instance; Moonee Valley Gymnastics Club, 101 Cooper and, Spencer St, Essendon VIC 3040, Telephone: 03 9337 448 email address mooneevalley@ymca.org.au

2.2 The “Customer” means you: the person or party signing this Contract.

2.3 All communication relating to this contract is to be sent directly to the Centre.

2.4 YMS is YMCA Membership Service who may communication or act on behalf of the Centre in relation to any items pertaining to this Contract. Phone 1300 760 379 Email yms.support@ymca.org.au

3. MINORS AND AUTHORISED PAYERS

3.1 Where the member is under 18 years of age, this Agreement must be signed by a parent or legal guardian who agrees to be bound by all terms and conditions of the Agreement on behalf of the minor. The parent or guardian is responsible for ensuring payment of fees and for all obligations arising under this Agreement.

3.2 If a parent or guardian provides their bank account or credit card details for payment purposes, they acknowledge and agree that:

3.3 They are the authorised payer and are responsible for all payments under this Agreement;

3.4 All notices and communications relating to this Agreement, including but not limited to price changes, payment reminders, and contractual updates, may be sent to the email address provided for the member (participant), unless otherwise requested;

3.5 It is their responsibility to ensure that such communications are appropriately received, reviewed, and actioned, whether they are sent directly to them or to the nominated member email address;

3.6 They may request to update the contact email at any time by contacting the Centre or updating the details via the Customer Portal.

4. PAYMENTS

4.1 By authorising the Direct Debit Authority via the client portal, you authorise YMCA Victoria to debit your nominated account for the agreed amount and frequency of payments in advance, as specified in the Contract Acknowledgement authorisation. Any subsequent amendments to the amount or frequency of payments must be accepted by you.

4.2 If the nominated day of your debit falls on a public holiday or weekend, YMCA Victoria will debit your account on the next business day.

4.3 If you are uncertain as to when the debit will be processed, please inquire with your Financial Institution. It is your responsibility to have clear funds in your account on the due date of the direct debit.

4.4 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 3.6 below.

4.5 Should there be any arrears in payments YMCA Victoria will provide you with written notice of the arrears and will be authorised to debit the outstanding balance in accordance with such notice in order to bring your account up to date.

4.6 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.

4.7 It is your responsibility to arrange with us a suitable alternate payment method if you wish to cancel the Victorian YMCA Direct Debit drawing.

5. ANNUAL REGISTRATION FEE

5.1 An annual registration fee applies upon enrolment and each calendar year thereafter. For online enrolments, this fee will be added to your account after sign-up and charged with your first direct debit payment. The current fee amount, which is subject to change annually, is listed in your centre’s Conditions of Entry. This fee includes YMCA Victoria administration costs and registration with Gymnastics Victoria and Gymnastics Australia.

6. MEDICAL SUSPENSIONS

6.1 Gymnastics members are able to suspend their membership for medical reasons, given the provision of a valid medical certificate at the time of lodgement that covers all days of the suspensions.

6.2 Medical suspensions are exempt from membership fees and any administration fee.

6.3 Medical suspensions are permissible for a minimum of two (2) weeks and a maximum of eight (8) weeks.

6.4 Medical suspensions can be backdated up to a maximum of one month.

6.5 Medical suspension requests must be submitted in writing, either by email or written notification to the centre. During the suspension period, all membership entitlements are placed on hold and are not accessible.

7. CANCELLATION

7.1 This Contract will continue indefinitely unless cancelled by you in accordance with this clause.

7.2 Cancellation must be requested in writing to the Centre or by visiting the Centre in person. Your cancellation will take effect at the end of the 14-day notice period (or as otherwise agreed). A confirmation will be sent via email; however, cancellation is valid from the effective date, even if the confirmation is delayed.

7.3 All fees payable during the notice period remain due and may be pro-rated up to the final date of cancellation.

8. 7 DAY COOLING OFF PERIOD

8.1 This Agreement is subject to a seven (7) day cooling off period from the date you signed the Agreement.

9. DISHONORED PAYMENTS

9.1 If your direct debit payment is dishonoured or fails, YMCA Victoria will attempt to notify you via SMS or email using the contact details you have provided. This notice will inform you that a $10 administration fee may be applied to your next payment, reflecting the administrative costs associated with processing failed transactions. If we do not receive alternative instructions from you, YMCA Victoria may debit both the missed payment and the administration fee on the date of your next scheduled debit.

9.2 In the event that two consecutive payments are dishonoured, YMCA Victoria reserves the right to suspend or terminate your membership contract. You will be notified of any such action in writing.

9.3 YMCA Victoria may charge additional reasonable fees that are actually incurred in the recovery of outstanding payments, including fees associated with third-party collection services if required.

9.4 Any outstanding payments may be made via your Customer Account via the Online Portal.

10. ADDITIONAL RESPONSIBILITIES

10.1 You should check:

(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;

(b) your account details which you have provided to us are correct; and

(c) your nominated bank account or credit card is able to accept direct debits.

10.2 If the details mentioned in 4.1 are not correct, it is your responsibility to provide YMCA Victoria 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.

10.3 You are responsible for notifying YMCA Victoria of any changes to your debit details or contact information. You can update your details via your Customer Account through the Online Portal at https://mooneevalleygymnastics.perfectgym.com.au/ or by contacting YMCA Victoria at yms.support@ymca.org.au. Changes must be submitted no less than one (1) business day prior to the next scheduled direct debit. You are also responsible for ensuring that all relevant correspondence is communicated to the holder of the nominated bank account or credit card.

11. INCREASE IN FEES AND CHANGE OF TERMS

11.1 YMCA Victoria may review and adjust membership fees periodically, with changes generally taking effect from 1 July each year. You will be notified via electronic communication sent to your nominated contact details. If no email address has been provided, notice will be given by displaying the changes at the Centre. A minimum of 30 days’ notice will be provided before any changes take effect. Full details of the updated fees will also be available in your Customer Account via the Online Portal.

11.2 It is your responsibility to ensure your contact details are current and to regularly check your Customer Portal for updates. If you have any queries in relation to any proposed changes, please contact your Centre.

12. DISPUTES

12.1 All disputes regarding a direct debit payment should be referred to YMCA Victoria either by visiting the Centre in person, by telephone, email YMCA Victoria, or (where relevant) your nominated Financial Institution.

13. PRIVACY

13.1 YMCA Victoria respects your privacy. Personal information collected is used to manage your membership or enrolment and may be shared with authorised staff, service providers, or government agencies as permitted by law.

13.2 By providing your contact details, you understand that you may receive occasional marketing communications from YMCA Victoria about programs, services, promotions, and events.

13.3 You may opt out of marketing communications at any time by using the unsubscribe link included in our messages or by contacting us at yms.support@ymca.org.au.

13.4 Even if you choose to opt out of marketing communications, you will still receive important service-related communications. These may include: Updates to your membership, Payment information, Changes to terms and conditions, or Other essential notifications relating to the operation of your membership.

13.5 For full details on how we handle your personal information, please refer to our Privacy Policy at: www.victoria.ymca.org.au/privacy-policy

14. CUSTOMER CONDUCT

14.1 Inappropriate behaviour - physical, verbal or otherwise - by customers towards any employee, contractor, member or patron may result in cancellation of membership and/or removal from the Centre.

14.2 YMCA Victoria reserves the right to refuse entry to any person, request any person to leave and or cancel any membership where they are acting in an inappropriate or unsafe way, in accordance with these Terms and Conditions.

14.3 Items that in the reasonable opinion of YMCA Victoria employee could cause harm or public nuisance are not permitted within the facility.