TERMS & CONDITIONS

These Terms and Conditions apply to your use of Flex by SSA, the fitness service operated by the Swinburne Student Association (SSA) for current Swinburne University of Technology staff and students.

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1. Terms

• Flex by SSA (Flex), located at 12 Wakefield Street, Hawthorn, Victoria 3122, Australia, is operated by the Swinburne Student Association (SSA), ABN 34 682 527 448, located at 34 Wakefield Street, Hawthorn, Victoria 3122, Australia.

• This agreement is made between Flex and the individual whose name appears on this membership agreement (you).

• These terms apply to all registered users of Flex, including holders of any passes and participants in any associated programs or services.

• Upon registration and receipt of applicable fees (outlined in Section 4), Flex will provide access to Flex gym facilities and services as specified at the time of your registration.

• By registering for membership at Flex, you agree to comply with these Terms and Conditions. Together with your registration or membership confirmation, these Terms and Conditions constitute a binding agreement between you and Flex.

• Additional terms and conditions may apply for specific programs, classes, or services offered at Flex. Flex will notify you of any additional terms and conditions prior to your participation. You must accept such to take part in the relevant service or activity.
   

2. Your Details and Health

• You must provide accurate and complete information during the registration process if requested, including your contact details, emergency contacts, health and physical condition, and supporting requested documentation. You agree to disclose all relevant health or fitness information prior to, and during your use of Flex facilities or programs, if requested.

• You warrant that the information you provide is true, correct and not misleading. You must promptly update Flex if any of your details change. Flex reserves the right to suspend or cancel your membership if Flex believes that your information is false, incomplete or inaccurate.

• Prior to using Flex facilities:

  • You may be required to complete a pre-exercise screening form.

  • Based on your responses, Flex may request a medical clearance from a qualified health professional or medical practitioner before allowing participation.

• Membership is not available to individuals under 18 years of age.

• Each time you use Flex facilities, you confirm that you are in good physical condition and not aware of any medical reason that would make participation unsafe for you or others.

• You must not use Flex facilities or services if you are unwell, injured, or have a medical condition that may pose a risk to yourself, other members, or Flex staff. If you are unsure about your fitness to participate, seek professional medical advice before attending.

• Members aged 35 or over, or those with pre-existing medical conditions, are strongly advised to provide medical clearance before using Flex facilities. This includes a medical certificate or other professional documentation stating the suitability for physical activity.

• If you become unwell, injured, or are involved in an accident or incident while using Flex facilities or services, you authorise Flex staff to provide first aid and/or follow directions from emergency services. This may include the administration of an EpiPen or Ventolin, and/or seek emergency medical treatment from a registered medical practitioner, hospital, or ambulance on your behalf. You agree to indemnify Flex and its staff against any associated costs incurred in administering or arranging such treatment.
   

3. Your Conduct

By entering the Flex premises, you agree to abide by the following conditions

• Flex may display or communicate usage rules applicable to the facility. These Rules form part of these Terms, and you agree to comply with them. You also agree to follow any reasonable directions issued by Flex staff in relation to safety, hygiene, behaviour, and facility use.            

• You must bring a gym towel and always wear appropriate activewear and enclosed non-marking footwear while using Flex facilities.

• You agree to use all equipment and facilities safely, responsibly, and only for their intended purpose. If you are unsure about how to use the equipment, you must ask Flex staff for assistance. Flex will require you to complete an induction before using certain equipment or areas.

• Flex will take reasonable steps to ensure that equipment is safe and operational. You must visually inspect equipment before use and report any faults, damage or concerns to staff immediately and not use if unsafe.

• Flex gym facilities are open 24/7 throughout the week, with staff available on-site on some weekdays, between 9:00AM and 5:00 PM. Additionally, operating hours for Flex will be displayed at the facility and updated on the website as needed. Heavy weightlifting is not advised during unstaffed hours for the safety of the user. Members must exercise caution and only use equipment they are confident operating safely.

• You must not damage, misuse or tamper Flex property. You may be held financially liable for any damage caused by reckless, negligent, or deliberate actions.

• You must treat Flex staff and fellow users with respect and courtesy. Inappropriate, intimidating, threatening, offensive, harassing or disruptive behaviour will result in suspension or cancellation of access, at Flex’s sole discretion and no financial reimbursement will be available. 

• You are responsible for the security of your belongings. Flex accepts no liability for lost, stolen, or unattended items.

• Filming, photography, or audio recording within or around Flex facilities is strictly prohibited without prior written approval from Flex management.

• You must not access or use Flex facilities or services while under the influence of alcohol, illicit or performance enhancing drugs and/or medications that advice against strenuous activity.

• Smoking or vaping is strictly prohibited inside Flex or within 4 meters radius of the Flex entrance.

• No business or commercial activity is permitted on Flex premises (including but not limited to personal training, coaching, selling goods/services) unless formally approved in writing by Flex management.

• Mobile phones must be used respectfully within Flex. Loud phone calls, disruptive video watching, or speakerphone use are not permitted in training areas. 

• Participants in group class must arrive on time, follow instructor guidance, and behave respectfully and safely towards others. 

• You must wipe down equipment after use and maintain general cleanliness and hygiene standards when using Flex facilities. 
   

4. Risk and Safety Acknowledgement

• To mitigate risk and ensure safe use of Flex facilities, services, and equipment, members must participate in an induction prior to use.

• Flex will not be liable for injury or loss resulting from misuse of equipment or failure to follow safety instructions or induction procedure if completed.
   

5. Fees and Payment

• All Users must pay the applicable fees for their selected membership type as listed at the time of registration or on the official Flex website. All fees are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST).

• Payment may be made by credit card, EFTPOS, or direct debit, subject to the options made available by Flex. Additional fees may apply in accordance with the terms and conditions set by Flex payment gateway providers. 

• Payments can only be made using the methods specified in Clause 5.2. No alternative payment method will be accepted. Payments must be made either during opening hours at the Flex front desk or online via the official website. Additional fees may apply in accordance with the terms and conditions set by Flex payment gateway providers.

• Any changes to membership fees or pricing structures will be communicated to members with at least 14 days’ notice, via email and/or notices displayed at the Flex facility.

• If a direct debit option is offered:

  • Billing may be facilitated by a third-party provider, and you may be required to enter into a separate agreement with that provider.

  • You authorise Flex or a nominated provider to deduct applicable fees from your nominated account on a recurring basis.

  • You must ensure sufficient funds are available to cover each debit payment.

  • In the event of a failed payment due to insufficient funds or incorrect payment details, a penalty fee of 20% of the amount due may be applied. Flex reserves the right to suspend your access until all outstanding payments, including penalties, are resolved.

  • Repeated failed payments or outstanding arrears may lead to your membership being cancelled at Flex’s sole discretion.

  • You are responsible for ensuring you’re billing, and payment details are current and accurate.
     

6. Membership Terms

• There are five membership tiers available at Flex:

  1. Grit Pass: $365 for the whole year semester, no joining fee, full payment required upfront. This pass also includes 10 free swims at HALC per calendar year. This is a lock-in contract. FOR STUDENTS ONLY

  2. Splash Pass: $30.15 for 10 swim sessions at HALC, this is a one off pass and payment for 10 sessions. FOR STUDENTS ONLY

  3. Pulse Pass: $9.95 per week. $49.95 joining fee. This is not a lock-in contract. FOR STUDENTS ONLY

  4. Flexi Pass: Pay-as-you-go access, $6.95 per visit. Each visit is capped at a maximum of three hours. FOR STUDENTS ONLY

  5. Swin Staff Pass: $12.95 per week. $49,95 joining fee. This is not a lock-in contract. FOR STAFF ONLY

• By enrolling in a fixed-term membership, you acknowledge that these are offered at discounted rates, and cancellations are governed by Section 10 of this document.

• Upon registration, Flex agrees to provide you with access to the Flex services as listed in your membership selection, subject to these Terms.

• Flex may suspend or cancel your membership immediately if your payment is not received or fails under the conditions set out in Section 4.

• If you change your mind after joining, you have 7 days to cancel your Membership, starting from the Membership Start Date. To be effective, you must notify Flex in writing within this period. 

• You may be issued a physical access pass or required to use your student ID. You must use your own access pass to enter Flex.

• Sharing your pass or allowing others to access Flex with your credentials is strictly prohibited and may lead to suspension or cancellation.

• If you lose your Access Key, you must inform Flex immediately. Replacement fees may apply for lost or stolen access keys. 

• Storage facilities, such as lockers or shelving, may be available for use at Flex. However, use of these facilities is entirely at your own risk. Flex does not guarantee the security of any personal items stored on-site and accepts no liability for loss, theft, or damage to belongings brought into the facility. 

• SSA strongly recommend that you avoid bringing valuables to Flex and keep personal items with you or securely stored in provided storage space where available. All storage facilities are for day-use only and may be cleared at the end of each day by Flex staff.

• You may access add-on services for an extra fee. These are separate from membership and must be booked and paid for accordingly.

• From time to time, Flex may host events or third-party bookings. This may result in limited access to specific areas or equipment. In an instance where maintenance, repairs and or cleaning of the facility is undertaking, access will be limited or restricted.  Flex will provide advance notice (where possible) if major disruptions are expected.

• Suspension of fixed-term memberships is available only in exceptional cases, including serious medical reasons, with supporting documentation. Flex reserves the right to approve or deny suspension requests.

• Cancellation (Fixed-Term): Please see Section 10 for cancellation policy.

• Flex memberships are personal and cannot be transferred to any other person.
   

7. Privacy

• SSA collects personal and health information from you for the purpose of providing Flex services. This includes the information outlined in Clause 2.1 as well as other details required for facility and membership use.

• Flex facilities are monitored by security cameras for safety and operational purposes. Flex may also take and store your photo or video for identity and access purposes.

• Your personal information is handled in accordance with SSA’s Privacy Policy, you can access the policy at www.swinburnestudentassociation.com.au/privacy-policy

• By registering for Flex, you consent to SSA and its service providers (including payment processors and software providers) using your personal information to manage your membership and access.

• If you choose to pay by direct debit, you also consent to your information being shared with Flex’s third-party billing provider solely for the purpose of processing payments, in accordance with their privacy policy and agreement terms.

• Flex respects your right to privacy and complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Personal information collected may include name, contact details, student ID, service usage, payment info, and communications. 

• In addition, photography and video footage may be collected incidentally for promotional purposes.

• Flex may collect your information through in-person interactions, electronic communications, service portals, Flex by SSA photography/ videography or authorised third parties. You are responsible for ensuring any information you provide about others is done with their knowledge and consent.

• Your personal information is used to deliver and improve services, respond to enquiries, and conduct marketing or promotions. Flex does not share your information with overseas recipients, except through secure internet-based systems.

• Flex takes reasonable steps to keep your data secure and up to date. Personal information is stored on secure servers in controlled environments. You have the right to request access to and correction of your personal information by contacting Flex Reception or emailing contact@flexbyssa.com.au

• Flex may decline access where legally permitted, such as in the case of legal proceedings. If access is denied, you will be notified and given the opportunity to escalate a complaint.

• If you have privacy-related concerns or complaints, you can contact Flex at contact@flexbyssa.com.au.  Flex will respond within one calendar month. You may also contact the Office of the Australian Information Commissioner at www.oaic.gov.au
   

8. Legal Waiver and Indemnity

• While every attempt is made by us to ensure the facilities and services, we provide to you are safe, you acknowledge that there may be physical risks involved with undertaking exercise and strenuous physical activities, and you agree to accept those risks.

• Under the Australian Consumer Law, set out at Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), Flex guarantees certain sport, health and fitness services Flex provide you are provided with due care and skill, are reasonably fit for a particular purpose and are supplied in a reasonable time (Guarantees).

• Flex asks you to accept some limitations to Flex liability arising from Flex’s failure to comply with the Guarantees. Accordingly, you agree to the extent allowed by section 139A of the Competition and Consumer Act 2010 (Cth) (CCA) to exclude, or otherwise to the maximum extent permissible, restrict, Flex’s liability to you for any death, injury (including the aggravation, acceleration or recurrence of such an injury), disease or any other condition resulting from Flex’s failure to comply with any Guarantees. 

• This exclusion and/or restriction does not apply if the death, injury, disease or other condition is caused by Flex’s reckless conduct as defined in section 139A(5) of the CCA.

• You agree that the notice: “Warning Under the ACL and Fair-Trading Act 2012” set out in Schedule 1 to these Terms (and as posted at our facilities and on our website) applies to these Terms as if signed by you.

• These Terms do not exclude, restrict or modify any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in these Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded.

• This agreement includes the statutory warning required under the Australian Consumer Law and Fair-Trading Act 2012 (Vic). This warning is considered incorporated into these Terms and applies as if signed by you.

• Nothing in these Terms excludes or restricts rights or remedies under the ACL or other applicable law that cannot legally be excluded. All other implied terms, guarantees, or conditions not explicitly stated are excluded to the extent allowed by law.

• By registering for Flex membership, you agree to release and hold harmless Flex, Flex staff, Swinburne University and SSA from any liability related to personal injury or property damage that may occur during your use of the facilities.
   

9. Changes to Terms

• Flex may update or amend these Terms from time to time, including access rules, operating hours, services, and fees.

• Wherever practical, Flex will provide at least 30 days’ notice of any material changes to members, via email and/or notices displayed at the Flex facility. 

10. Suspension or Termination

• Suspensions will be issued for a default period of 20 business days, from the notice of suspension, unless otherwise determined in writing from Flex by SSA to the member.

• You may not use the service during the 20 business days suspension period

• You may choose to stop using Flex at any time; however, refunds will only be issued in accordance with the cancellation policy set out in Section 6.

• Upon termination of your membership, any equipment, access cards, or property belonging to Flex must be returned immediately. Flex reserves the right to charge you for lost or unreturned items.

• If Flex services are suspended for more than 30 consecutive days due to circumstances beyond Flex’s control (e.g. natural disaster, government shutdown), either you or Flex may cancel the agreement without penalty.

• Flex reserves the right to suspend or terminate your membership immediately for breaches of these Terms, including but not limited to, misconduct, non-payment, or safety violations, unauthorised facility usage, providing false information, non-compliance with Swinburne Student Code of Conduct. 

• Refunds are subject to Flex’s discretion on case-by-case basis.

• Fees already paid will be refunded, less any casual usage fees incurred during this period.

• You may cancel your membership after the cooling-off period by submitting a written request to Flex. If approved, you may be eligible for a 50% pro-rata refund on the unused portion of your membership.

• If a change in service significantly affects your rights or obligations, wherever practical, Flex will provide 30 days’ notice and give you an opportunity to cancel your membership without penalty.

• If you disagree with a change that materially impacts your membership (such as fee increases), you may cancel your membership within 14 days of the notice.

• The cancellation rights outlined in Section 9 does not apply to changes made to comply with legal or regulatory requirements, or government directives. \

11. Membership Pause

• You can pause your membership for a minimum period of two weeks, up to a maximum of four weeks each calendar year at no cost.

• You must email contact@flexbyssa.com.au  at least five business days prior to start of the membership pause period. 

• Before pausing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.

12. General

• These Terms constitute the entire agreement between you and Flex. No verbal or written statements made outside of this document are binding unless expressly incorporated into these Terms.

• If Flex does not exercise or enforce any right under these Terms, this does not constitute a waiver of that right in the future.

• If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court of law, the remaining provisions will continue in full force and effect.

• These Terms are governed by the State of Victoria, Australia. Any disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.

13. Contact and Feedback

• For any enquiries, feedback, complaints, or formal notices regarding Flex, email at contact@flexbyssa.com.au or speak with staff at the front desk. We will respond within 14 calendar days. 

• Operating hours for Flex will be displayed at the facility and updated on the website as needed.