Bendigo East Swimming Pool

(a) These are the terms and conditions governing the Outdoor Pool Season Pass (Season Pass) supplied by YMCA Community Programming Pty Ltd (YMCA) ABN 75 092 818 445 (YMCA, Us, We) to You as the holder of the Season Pass.

(b) By purchasing or using a Season Pass, You agree to these Season Pass Terms and Conditions.

(c) Your Season Pass is subject to a 7 day cooling-off period as set out in clause 9.

(d) Nothing in these Season Pass Terms and Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

1. DEFINITIONS

Centre Conditions of Entry means the conditions, rules, policies, signage and reasonable directions applying to entry to and use of each Participating Swimming Centre.

Family Season Pass means a Season Pass for a maximum of 2 adults and their dependent children listed on the same valid Medicare card.

Outdoor Pools means the Participating Swimming Centres at which the Season Pass is accepted during the applicable Season.

Season means the access period applicable to the type of Season Pass purchased:

• Extended Season Pass: from the third Saturday in September until the second Sunday in May.
• Summer Season Pass: from the third Sunday in November until the third Saturday in March.
• Mid-Season Pass: from 31 January until the third Saturday in March.

Bendigo East Operating Season means the season for Bendigo East Swimming Pool as defined on the Bendigo East Swimming Pool website.

Season Pass means an Extended Season Pass, Summer Season Pass or Mid-Season Pass that provides unlimited general entry to Participating Swimming Centres during its applicable Season, subject to these Season Pass Terms and Conditions.

Watch Around Water Policy means the child supervision requirements applying at a Participating Swimming Centre, as published or communicated by YMCA or the relevant facility operator.

Participating Swimming Centres means the local swimming centres at which the Season Pass is accepted during the applicable Season, excluding Peter Krenz Centre and Gurri Wanyarra Wellbeing Centre. Details of participating swimming centres and admission information are available on the City of Greater Bendigo Swimming Centre Admission Fees webpage.

Weather Policy means any published weather arrangements governing the opening or operating hours of a Participating Swimming Centre.

2. YOUR SEASON PASS

1. Your Season Pass provides unlimited general entry to Participating Swimming Centres during the applicable Season, when those facilities are open and available for public use, subject to these Season Pass Terms and Conditions, applicable Weather Policies, Centre Conditions of Entry and reasonable directions of facility staff.
2. Your Season Pass is valid only for the access period applying to the type of Season Pass You purchased:
   1. Extended Season Pass: from the third Saturday in September until the second Sunday in May.
   2. Summer Season Pass: from the third Sunday in November until the third Saturday in March.
   3. Mid-Season Pass: from 31 January until the third Saturday in March.
3. The access period does not guarantee that every Participating Swimming Centre will be open for the entire period. Access to Bendigo East Swimming Pool is limited to the season defined on the Bendigo East Swimming Pool website and its published opening hours.
4. The Season Pass does not provide access to Peter Krenz Centre or Gurri Wanyarra Wellbeing Centre.
5. Details of participating swimming centres and applicable admission information are available on the City of Greater Bendigo Swimming Centre Admission Fees webpage.
6. Access under the Season Pass is subject to each participating swimming centre's operating hours, seasonal opening arrangements, capacity limits, facility availability and any temporary or weather-related closures. A Season Pass does not guarantee that a particular swimming centre or facility will be open or available at any particular time.
7. Unless expressly advised otherwise, the Season Pass provides general facility entry only. It does not include programs, swimming lessons, special events, booked activities, equipment hire or other services for which a separate fee or booking applies.
8. Except for persons included on a Family Season Pass, a Season Pass is personal to You and cannot be sold, transferred, shared or used by another person.
9. Your Season Pass expires at the end of the applicable access period for the type of Season Pass purchased and does not automatically renew.

3. PASS TYPES AND PAYMENT

1. The available Season Pass types are the Extended Season Pass, Summer Season Pass and Mid-Season Pass. Current fees are published on the Bendigo East Swimming Pool website. The Season Pass Fee must be paid in full upfront and may be purchased online or at an authorised sales location where available.
2. A Family Season Pass is available for a maximum of 2 adults and their dependent children listed on the same valid Medicare card. We may ask to sight or verify the Medicare card.
3. Each eligible person included on a Family Season Pass may access Participating Swimming Centres during the applicable Season, subject to these Season Pass Terms and Conditions and applicable entry and supervision requirements.

4. SEASON, WEATHER AND POOL OPERATIONS

1. Participating Swimming Centres operate according to their published opening dates, hours, weather arrangements and operational requirements. Bendigo East Swimming Pool is available under a valid Season Pass only when it is open during the season defined on the Bendigo East Swimming Pool website.
2.  Weather decisions are made in accordance with the published Weather Policy using the relevant Bureau of Meteorology forecast.
3. YMCA or the relevant facility operator may delay opening, close or restrict access to a Participating Swimming Centre where reasonably necessary because of weather, water quality, maintenance or equipment failure, staffing limitations, safety or environmental concerns, emergencies, government or emergency service directions, or circumstances that make operation unsafe, unlawful or impracticable.
4. Where reasonably practicable, YMCA will communicate significant operational changes of which YMCA has been notified. You should check current facility information before attending.

5. ACCESS AND GUESTS

1. We may issue You with a card, fob or other identification for Your Season Pass. You may be required to present it when entering a Participating Swimming Centre.
2. A person not covered by a valid Season Pass must pay the applicable public entry fee unless otherwise authorised by YMCA or the relevant facility operator.
3. If You intentionally allow another person to use Your personal Season Pass, We may suspend or cancel the pass where reasonably necessary and proportionate to the breach, to the extent permitted by law.

6. MINORS AND SUPERVISION

1. A Season Pass for a person under 18 must be agreed to by their parent or legal guardian (Guarantor).
2. Children and their parents, guardians or carers must comply with the applicable Watch Around Water Policy, Centre Conditions of Entry and any supervision requirements displayed or communicated at the Participating Swimming Centre.

7. CONDITIONS OF ENTRY

1. You must comply with the applicable Centre Conditions of Entry, facility rules, signage and reasonable directions of YMCA staff or the relevant facility operator’s staff.
2. We may refuse entry, require a person to leave, or suspend or cancel a Season Pass where reasonably necessary because of a serious or repeated failure to comply with these requirements, to the extent permitted by law.

8. REFUNDS FOR WEATHER, CLOSURES AND NON-USE

1. After the Cooling-Off Period, We do not provide refunds, credits or extensions merely because You do not use Your Season Pass, because of weather conditions, or because an Outdoor Pool is closed or has restricted hours in accordance with the Weather Policy or clause 4. This does not affect any rights or remedies You may have under the Australian Consumer Law or other applicable law.
2. The closure, restricted operation or temporary unavailability of an individual Participating Swimming Centre does not, by itself, entitle a Season Pass holder to a refund, credit, extension or compensation where the Season Pass remains available for use at other Participating Swimming Centres. This does not affect any rights or remedies that cannot lawfully be excluded.

9. CANCELLATION AND COOLING-OFF

1. You may cancel Your Season Pass within 7 days of purchase (Cooling-Off Period) by contacting YMCA in writing or through a customer service channel made available by YMCA. Any applicable refund will be processed in accordance with law and Our cancellation procedures.
2. After the Cooling-Off Period, We do not provide a refund, credit or extension for change of mind or any unused portion of the Season Pass, subject to Your rights under the Australian Consumer Law or other applicable law.

10. CHANGES TO OPERATIONS

1. YMCA or the relevant facility operator may make reasonable safety or operational changes to facility operations, operating hours, applicable Weather Policies, Centre Conditions of Entry or facility rules where reasonably necessary.
2. Where reasonably practicable, YMCA will communicate changes that materially affect use of the Season Pass and of which YMCA has been notified. This does not exclude any remedy You may have under applicable law.

11. DISPUTES

1. Any concern about Your Season Pass may be raised through a customer service channel made available by YMCA. We will endeavour to resolve concerns in a fair and reasonable manner.

12. GENERAL

1. The Season Pass provides an entitlement to access Participating Swimming Centres during the applicable Season in accordance with these Season Pass Terms and Conditions. Its value is not calculated by reference to actual use.
2. If any provision is illegal, invalid or unenforceable, it will be read down or severed to the extent necessary and the remaining provisions will continue to apply.

13. WEBSITE INFORMATION

1. Details of participating swimming centres and applicable admission information are available on the City of Greater Bendigo Swimming Centre Admission Fees webpage.

Current opening hours, seasonal operating arrangements, Weather Policies and facility information should be checked on the relevant swimming centre’s webpage before attending.

14. PRIVACY

1. YMCA acknowledges and respects the privacy of individuals. Personal information collected in connection with a Season Pass is used for purposes including processing and administering the Season Pass, managing access to Participating Swimming Centres and communicating information relevant to the Season Pass and facilities.
2. YMCA, its authorised staff and contracted service providers, and government agencies where required or permitted by law, may receive this information where necessary for those purposes.
3. YMCA may communicate with You about Your Season Pass, Participating Swimming Centre operations and related facility matters using the contact details You provide.
4. YMCA handles personal information in accordance with its Privacy Policy, available at https://victoria.ymca.org.au/privacy-policy.

15. MARKETING

1. Where You have provided the relevant consent, YMCA may send You marketing and promotional communications about YMCA programs, services, facilities or activities.
2. You may withdraw Your consent to receive marketing communications at any time using the unsubscribe method provided in the communication or by contacting YMCA.
3. Operational and service communications relating to Your Season Pass or Participating Swimming Centres are not marketing communications and may still be sent where reasonably necessary to administer the Season Pass or communicate facility operations.

16. RECREATIONAL WAIVER ACKNOWLEDGEMENT

(a)By agreeing to these Season Pass Terms and Conditions, You acknowledge and agree that You accept the following:

(i) Your access to and participation in the Activities offered by YMCA may involve significant risk. The risks involved may result in personal injury, death or loss of property. Prior to undertaking any Activities offered by YMCA, You should ensure You are aware of all the risks involved and the risks associated with any health conditions You may have.

(ii) By accepting the recreational waiver prompt when You purchase or activate Your Season Pass and additionally as set out in this clause 16, You acknowledge, agree and understand that participation in the Activities offered by YMCA may involve risk. You agree and undertake any such risk voluntarily.

(iii) If You or Your parent or guardian refuse to agree to the waiver prompt, YMCA may in its absolute discretion refuse to allow You to participate in the Activities.

(iv) If You are under 18 years of age, Your parent or legal guardian (Guarantor) agrees to guarantee and provide an indemnity for all of Your obligations under these Season Pass Terms and Conditions and release as provided in item 16(J).

(v) By accepting the recreational waiver prompt when You accept these Season Pass Terms and Conditions, You are additionally agreeing that Your rights to sue YMCA under the Australian Consumer Law and Fair Trading Act 2012 (VIC) are excluded, restricted or modified in the way set out in this clause 16, if You are killed or injured because the Services provided were not in accordance with the statutory guarantees outlined in this clause 16.

Your Rights:

(b) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that YMCA is required to ensure that the recreational services it supplies to You:

(i) Are rendered with due care and skill; and

(ii) Are reasonably fit for any purpose which You, either expressly or by implication, make known to YMCA; and

(iii) Might reasonably be expected to achieve any result You have made known to YMCA.

(c) Under section 42 of the Fair Trading Act 1987, YMCA, as the supplier of recreational services, is entitled to ask You to agree to exclude, restrict or modify YMCA liability for any personal injury suffered by You or another person for whom or on whose behalf You are acquiring the services (a third party consumer).

NOTE: The change to Your rights, as set out in this form, does not apply if Your death or injury is due to gross negligence on The Y's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do 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 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Excluding, restricting or modifying Your Rights:

(d) By entering into these Season Pass Terms and Conditions with Us, You will be agreeing to exclude, restrict or modify YMCA liability with the result that compensation may not be payable if You or the third party consumer suffer personal injury.

(e) You do not have to agree to exclude, restrict or modify Your rights; however, this will mean You are not eligible for a Season Pass. YMCA may refuse to provide You with services if You do not agree to exclude, restrict or modify Your rights by accepting the terms set out in this clause 16.

(f) Even if You accept the terms in this clause 16, You may still have further legal rights against YMCA.

(g) A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.

(h) A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

(i) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to Your attention by these Season Pass Terms and Conditions.

(j) You agree that other than where YMCA has engaged in reckless conduct (being conduct that satisfies section 22(3) of the Australian Consumer Law and Fair Trading Act 2012 (VIC)), YMCA will not have any liability for any:

(i) death;

(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such injury);

(iii) the contraction, aggravation or acceleration of a disease; or

(iv) the coming into existence, the aggravation, acceleration or the recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to You:

(v) that is or may be harmful or disadvantageous to You or the community; or

(vi) that may result in harm or disadvantage to You or the community.

Agreement to exclude, restrict or modify Your rights:

You agree that the liability of YMCA for any personal injury that may result from the supply of the recreational services that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) is excluded.

For the purposes of this clause 16 in respect of Victoria:

Personal injury means—

(a) an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or

(b) the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or

(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to—

(i) the person; or

(ii) the community.

Injury means any physical or mental injury.

Recreational services means services that consist of participation in—

(a) a sporting activity or similar leisure-time pursuit; or

(b) any other activity that—

(i) involves a significant degree of physical exertion or risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

IMPORTANT

By entering into these Season Pass Terms and Conditions, You (and if You are under the age of eighteen, Your Guarantor), acknowledge and agree that You have read this clause 16 before You access or participate in any Activities offered by or through Us.

For the purposes of this clause 16, any reference to YMCA also includes a reference to YMCA employees, officers and agents.

You (and if You are under the age of eighteen, Your Guarantor) acknowledge and agree that:

A. You will only perform the Activities in accordance with Your level of ability;

B. You do not suffer any significant health issues that may impact Your ability to participate in the Activities;

C. You accept and voluntarily assume all risks associated with accessing and participating in the Activities (including known and unknown risks, not limited to physical trauma, strains, bruises, sprains, muscle tears, broken bones, cuts and other serious personal injury such as cardiac injuries and heart attacks, permanent disability, paralysis and death, as well as damage to or loss of personal property, all of which may be caused by Your own actions or inactions or the actions or inactions of others and the conditions in which these Activities take place, or YMCA gross negligence;

D. to the extent permitted by law, You waive any rights that You may have to make any claim against YMCA in connection with Your access to and participation in the Activities, and release YMCA from any claims, liabilities, loss and damage in connection with Your attendance at or participation in the Activities including in respect of death or injury;

E. You agree to indemnify YMCA and its employees, officers and agents against all or any claims, loss, liability, damage or expense (including legal fees) incurred by YMCA in connection with attendance at or participation in the Activities, however caused. Your liability will be reduced to the extent YMCA reckless conduct caused or contributed to the loss;

F. to the extent that the Activities constitute "recreational services" under s 139A(2) of the Competition and Consumer Act 2010 (Cth) You agree that other than where YMCA has engaged in reckless conduct, YMCA will not have any liability for any death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or the recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to You that is or may be harmful or disadvantageous to You or the community or that may result in harm or disadvantage to You or the community;

G. subject to item J below, nothing in this clause 16 applies to the extent that it would have the effect of excluding or limiting any non-excludable rights You may have under the Competition and Consumer Act 2010 (Cth) or otherwise under law;

H. the terms in this clause 16 are accepted by You and are in favour of YMCA;

I. for the avoidance of doubt, any releases in this document are intended to exclude Your rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded;

J. the Guarantor to the extent permitted by law or as otherwise specified in this document:

(a) and subject to clause 16(J)(d), acts as Your Guarantor and unconditionally and irrevocably guarantees the performance of all of Your obligations under this clause 16;

(b) and subject to clause 16(J)(d), indemnifies YMCA against any loss You suffer in relation to the performance or non-performance of Your obligations under this clause 16;

(c) waives and excludes all rights on Your behalf that You may have against YMCA in respect of any claim in respect of injury or death or any other loss, damage or claim suffered or incurred by You arising from or in connection with participation in the Activities;

(d) shall be entitled to assert all rights, defences, limitations and exclusions that You are entitled to under this clause 16 (or would have been entitled to under this clause 16 if it were enforceable against You or where not enforceable), including any set-off or counterclaims that You are (or would have been) entitled to assert under this clause 16, but excluding any defences arising from the invalidity, unenforceability or illegality, in whole or in part, of any of this clause 16 (including any unenforceability against You, or any other documents creating, representing or evidencing Your obligations, or defences arising from the bankruptcy or other similar proceeding affecting You (if relevant).

17. GUARANTOR ACCEPTANCE

If the Season Pass holder is a Minor (Minor Season Pass Holder):

the Minor Season Pass Holder acknowledges that they have read and understood these Season Pass Terms and Conditions and agree to be bound by their terms; and

(b) the Guarantor:

(i) acts as the Minor Season Pass Holder's guarantor in relation to all of the Minor Season Pass Holder's obligations under these Season Pass Terms and Conditions while the Season Pass Holder is a Minor; and

(ii) indemnifies YMCA against any loss suffered as a result of the Minor Season Pass Holder's breach of these Season Pass Terms and Conditions.

I, and if I am under the age of 18 years, my Guarantor, acknowledge by accepting these Season Pass Terms and Conditions that I / my Guarantor agree to the above terms and conditions.