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General terms and conditions

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Below are the general terms and conditions for eleven Sport and Recreation Centres.

 

1. Definitions

  • Activities – means any recreational activities taking place at the Centre and/or run by the Centre;
  • Authority – means any government, statutory, public or other authority or body having jurisdiction over the Centre and/or the equipment or any person, matter or thing relating to the Centre;
  • Bond – A receipt of funds for insurance against damage or default;
  • Booking – means a reservation that has been confirmed by the Centre and in respect of which a Deposit or full payment has been received;
  • Centre - means a Sport and Recreation Centre or Academy run by the Office of Sport, Sport and Recreation;
  • Centre facilities, fixtures and equipment – includes all fixtures, fittings, furniture, appliances, crockery, cutlery, glassware, cooking utensils and things supplied by the Centre or owned by the Centre or otherwise owned or supplied by the Centre as part of this agreement in consideration of the fee;
  • Claim – means any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, and proceeding, right of action, claim for compensation and claim for abatement;
  • Client – a person or group who is a customer of Sport and Recreation; means a person availing themselves of Services provided by the Centre and ‘persons under the Client’s control’ includes individuals claiming by, through or under the Client and any other person in or about the Centre at any time at the request or invitation of or under the control or direction of the Client and where the context permits any of them (e.g. individuals included in the Booking);
  • Conditions – cancellation, confirmation, payment, transfer and other financial conditions, which are provided at the time of Booking;
    Cost – includes any cost, charge, expense, payment or other expenditure of any nature (whether direct, indirect or consequential and whether accrued or paid);
  • Deposit – means the partial fee requested to confirm the booking;
  • End Date – means the Client’s date of departure in accordance with the booking;
  • Fee – means the total amount payable in respect of a Booking, inclusive of all Services and taxes;
  • Government - means the government of New South Wales;
  • Provision of staff for activities – structured activities delivered by Sport and Recreation staff;
  • Services – means services provided by the Centre including but not limited to programs, Activities, access to facilities, food and beverages;
  • Start Date – means the client’s date of arrival in accordance with the booking;
  • Stay – means the duration of the Client’s occupation of a facility pursuant to the Booking.

2. Terms and conditions of contract

2.1 This agreement sets out the terms and conditions upon which the Client and the Centre contract for the provision of services and together with the Booking constitutes the entire agreement between the parties.

2.2 The Client consents to the terms and conditions set out in this agreement by making the Booking.

2.3 Any variation to this agreement is at the discretion of the Centre and must be in received writing.

3. Bookings

3.1 A Booking is confirmed on payment of the required Deposit, or full fee and provision of details relating to the Services provided e.g. the number of Clients or the facilities included in the Booking.

3.2 Minimum payment conditions may be applied to Bookings.

3.3 Variations to the number of participants is at the discretion of Centre management.

3.4 Any reduction to the number of participants may incur a fee.

4. Payment terms

4.1 Financial terms will be provided at the time of booking and include; Deposit, bond, full payment, confirmation, cancellation and variations to the Booking.

5. Termination

5.1 If for any reason whatsoever the Centre is not able to accommodate the Client, it may terminate this agreement prior to the start date by giving the Client written notice.

5.2 If this agreement is terminated under clause 5.1 the:

  1. Centre will endeavour to place the Client at another Centre which has a sufficient number of places available; or
  2. Centre will reschedule the Booking for an alternate and mutually agreeable time; or
  3. Client will be reimbursed any Deposit or Fee paid.

6. Duration of service

6.1This agreement permits the Client to use and/or occupy the facility and/or use the equipment during the stay as set out in the Booking and/or the program description.

6.2 This agreement terminates on the earlier of:

  1. the End Date;
  2. a date on which this agreement is terminated in accordance with these terms and conditions.

6.3 Any right of the Client to use and/or occupy the facility and/or use the equipment terminates on the End Date unless this agreement is terminated prior subject to clauses 6.1, 6.2 and 11.

7. General conditions of use – client’s obligations and restrictions

7.1 Clients must ensure that their own behaviour and that of persons under the client’s control is not offensive to other Centre Clients - as deemed by Centre management.

7.2 The Client must use and/or occupy the Centre and/or use the equipment solely as agreed with the Centre management and for no other purpose.

7.3 The Client may enter the Centre only during the Centre’s opening hours or as otherwise agreed by the Centre management.

7.4 The Client will conduct itself whilst in the Centre; in a responsible, proper and orderly manner and will not permit or suffer to be done in or about the Centre any act, matter or thing which may injure or tend to injure the reputation of the Centre or the Government.

7.5 Access to online facilities is limited to areas designated; in the Booking confirmation information, or as approved by Centre management

7.6 Emergency procedures are displayed in all on site facilities.

7.7 Personal Injury – Sport and Recreation accepts no responsibility for any injury incurred at the Centre by the Client nor any subsequent cost related to that injury.

7.8 Vehicles must be driven; only on designated roads, in compliance with posted speed limits, and be parked only in designated parking areas.

7.9 Sport and Recreation takes no responsibility for the loss or damage to a Client or client’s personal property, including money or other valuable items.

7.10 Visitors are welcome during your stay upon payment of the relevant fee.

7.11 Pets – are not permitted at the Centre, companion animals including dogs are permitted to accompany Clients..

7.12 Alcohol

  1. Where a Centre has a licensed area
    1. Clients are permitted to purchase and consume alcohol within the licenced area;
    2. Clients cannot bring their own alcohol to licenced areas within Centres
  2. Unlicensed Centres
    1. Alcohol may only be consumed within areas designated by Centre management

7.13 Persons may only smoke in areas designated by Centre management.

7.14 Pool – conditions of use vary depending on the Client, and will be provided at the time of Booking.

7.15 Use of sporting equipment is subject to availability and must be in accordance with conditions set out by Centre management. Fees may apply.

7.16 Use of on-site facilities including ovals, courts etc. is subject to availability and Client demand. Fees may apply.

7.17 The Client must not undertake any illegal activity on site.

7.18 The Client must not permit any of the equipment supplied by the Centre to be removed from the facility or damaged/destroyed.

7.19 The Client must not record images of persons unaffiliated to the Client, unless with their prior consent and in the case of minors the prior consent must be from their legal guardians.

8. Client’s responsibilities – provision of information

8.1 The Client must provide:

  1. Medical & consent forms (where relevant) two weeks prior to the Start Date of the Stay;
  2. Activity waiver or equipment hire waiver as deemed as required by Centre management.

9. Duty to reimburse Centre for damage/loss

The Client must:

9.1 Leave the facility and/or the equipment in a tidy, safe and proper condition to the reasonable satisfaction of the Centre.

9.2 At the Centre’s reasonable demand pay for any damage to the facility and/or equipment or other items supplied by the Centre, which at any time during the Stay may be found to be missing, damaged or damaged beyond repair or destroyed, and any replacement will immediately become the property of the Centre.

9.3 The Centre may require the payment of a Bond as security against damage or loss that might arise from the actions of the Client.

10. Default

10.1 If the Client breaches any of the terms of this agreement, the Centre may issue a written notice of default giving particulars of the Client’s conduct giving rise to the default.

10.2 If the Client does not remedy its default immediately on the date of the written notice of default, the Centre may terminate this agreement giving the Client one (1) days’ notice in writing.

10.3 In the event of a breach of this agreement by the Client, including but not limited to breach of clause 6.1 a) and 6.1 b), the Centre may, in its sole discretion, terminate this agreement with immediate effect.

10.4 If this agreement is terminated pursuant to clause 8, any security deposit or Fee that would have been payable by the Client but for the termination will remain payable and will become due as if the breach and subsequent termination had not occurred.

11. Insurance

11.1 Sport and Recreation recommends Clients take out travel insurance in relation to the Client’s stay at the Centre

11.2 The Client must not do anything to, on, in the Centre, on, or to the Equipment, which will or may prejudice any insurance policy of the Centre.

12. Liability

12.1 Save in the event and to the extent of the Centre’s negligence, the Centre, Government and their servants and agents will not be liable for any loss or injury the Client or any person under the Client’s control occupying and/or using the facility and/or the equipment and/or engaging in any activities whether at the facility or elsewhere may incur or any Claim it may make in respect of or which arises as a result of or in connection with this agreement or the Stay.

12.2 Indemnities
It is accepted that Sport and Recreation is not liable for any injuries or loss suffered due to the use of equipment that has not been supplied by Sport and Recreation.

12.3 Save in the event, and to the extent a claim arises as a result of any wilful or negligent act or omission or any breach of these terms and conditions by the Centre, the Client shall indemnify and keep indemnified the Centre and the Government from and against all Claims whatsoever and wherever and whenever brought, prosecuted or made against the Centre for which the Centre or the Government will or may be or become liable including during or after the currency of this agreement arising from or as a result of the Stay or this agreement.

13. Cost

13.1 The Client must on demand reimburse the Centre for and keep the Centre indemnified against all expenses including cost and disbursements incurred by the Centre in connection with the enforcement, attempted enforcement or preservation of any rights of the Centre under these terms and conditions and all fines and penalties payable in respect of or in connection with these terms and conditions or any variation of these terms and conditions.

14. Provision of staff services – activity group sizes

14.1 The Centre may provide staff services to the Client upon request by the Client, at a fee determinable by the Centre in its absolute discretion. The fee for the provision of such services must be paid to the Centre at a time and in a manner specified by the Centre.

14.2 Minimum staff to Client ratios apply depending on clientele and the activity undertaken as deemed by Centre management.

15. Charges, responsibility and further conditions

15.1 Any information in respect of goods and services offered, including but not limited to prices, is subject to alteration or withdrawal without notice and the Centre reserves the right to alter, amend, cancel all or any arrangements, including pricing, accommodation, tours and/or packages until a security deposit as set out in the booking information has been received.

15.2 The Centre shall not be liable or responsible for any failure in the performance of its obligations if such failure is caused by a cause beyond its reasonable control including, but not limited to, Government restrictions, riots, civil commotion, wars including actions of the public enemy, insurrections, floods and fires and will refund the Client in respect of the service or part of the Services it was prevented from performing.

15.3 Regardless of clause 15.2, unfavourable weather conditions do not constitute a failure of the Centre to fulfil its obligations and do not entitle the Client to any refund.

16. General

16.1 Notices

  1. Any notice given in connection with these terms and conditions must be in writing and may be left at; sent by email or; or sent by pre-paid security post and addressed to a party at:
    1. it’s registered office; or
    2. it's principal place of residence; or
    3. it’s business for the time being; or
    4. such other address as may be notified for the purpose of the services of notices or sent by email to an employee of the Centre.
  2. A notice is deemed to have been given:
    1. on the date on which it is left;
    2. in the case of a notice being sent by email or facsimile, at the time of transmission; and
    3. in the case of a notice being sent by post, three (3) business days after the day of posting.
    4. in the case of an email, at the time the email is received by the Centre’s employee.

16.2 No Waiver
Failure or omission by the Centre at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair the Centre's right to avail itself of any remedy it may have in respect of any breach of this agreement.