Terms and Conditions

One by Mingara – Active Membership and Conditions of Use

All members and visitors to One by Mingara must respect and abide by the Club Rules.

Our Active Membership and Conditions of Use apply to everyone, including members, club visitors, contractors and the Mingara team. Our Conditions of Use are in place to ensure Life’s Great for everyone when they visit us.

Membership & Payments

1. One by Mingara Membership entitles members to use both the fitness and aquatics facilities at One by Mingara.
2. One by Mingara membership is required to utilise fitness, learn to swim, and squad services.
3. One by Mingara Membership is personal and cannot be lent, sold, swapped, or redeemed.
4. Teens aged 13 years and over must be Junior Club Members of Mingara Recreation Club Ltd..
5. The parent/guardian of a Junior Member must also be a member of Mingara Recreation Club Ltd..
6. We offer different types of One By Mingara Memberships that you choose according to your age bracket and individual needs . This choice is what indicates your membership rate.
7. For all One By Mingara Memberships, there will be a pro-rata payment that will need to be paid upon joining.
8. One By Mingara Membership fees can be paid up-front or via a fortnightly direct debit from our vendor DebitSuccess*.
9. If your One By Mingara Membership is a direct debit, it is paid on Friday’s every fortnight until such time as we are notified by the member to temporarily freeze or cancel your Active Membership.
10. In the event of a price increase, One by Mingara will provide 30 days’ notice in writing before the new prices come into effect.
11. Every time you enter either our fitness or aquatics facility, you must show and/or swipe your membership card. You may be refused entry without a valid card.
12. No-one else may use your membership.
13. If your membership card is lost, stolen, damaged or compromised in any way, a new one can be requested at the Welcome Desk.
14. If your One By Mingara Membership fees fall behind, or your membership is frozen, suspended or terminated, you will not be able to access or use the fitness or aquatics facilities.
15. If your direct debit fails, you will be charged a failed debit fee of $16.50.
16. In the event your direct debit continues to fail consecutively, One by Mingara reserves the right to cancel your membership eg. instances of inappropriate behaviour.
17. Termination of membership will be at our discretion should circumstances arise to necessitate such action.

Active Membership Cancellation or Freezes

1. A One By Mingara Membership cancellation request must be completed via the online portal or in person at the Welcome Desk to cancel a membership.
2. All new One By Mingara Memberships have a 7 day money back guarantee. To be eligible for a refund, a written cancellation request must be received within 7 days of the date of this application.
3. One By Mingara membership cancellations require 30 days’ notice.
4. A membership cancellation fee of $199 will apply for membership cancelled within the first 3 months of start date (excluding suspension time). No cancellation fee is charged after 3 months of consecutive membership; however 30 days’ notice is required before the cancellation is effective.                                                     a. Creche Membership cancellation fee $50                  b. Excludes track (no cancellation fee)
5. A Direct debit freeze must be made via the online portal. Additional time will need to be requested at the Welcome Desk.
6. Direct Debit freeze time cannot be applied for if account has a current overdue amount.
7. Direct debit freezes must be applied for in advance. Request for a freeze may not be backdated. The following freeze periods apply:

1. ONE Membership – 1 week minimum, 8 week maximum (freeze period to be added to the end of the contract term).
2. 60+ and Junior– 1 week minimum, 12 weeks maximum.

iii. Direct debits cannot be frozen during a cancellation notice period.

Fitness Passport Membership Members

1. Fitness Passport members will incur a $25 joining fee every five years that can be paid upon entry at welcome desk. This fee also entitles the individual to Mingara Club Membership.
2. Fitness Passport Junior members will need to attend Fitness reception to join, their parent must also attend and be a club member. Junior joining fee is $12 (Junior 5-year Club membership fee)

Looking After Each Other

1. Our centre is an inclusive and accessible safe place for members, visitors, and our team. Our vibe is welcoming to all. Disruptive, abusive, or offensive behaviour and language is never welcome. If your vibe is not friendly or respectful, we will ask you to leave or refuse entry.
2. We encourage smiles, conversation, sharing of equipment, encouraging words and a helping hand to anyone who needs it.
3. Our favourite ‘rule’ is to have a ‘GREAT’ time! Feel part of our community, make friends, share stories, and set your own goals.
4. Go gently. Talk to your doctor before starting a new fitness program or using our facilities. Only exercise within your current fitness levels.
5. All members and visitors must complete a Health Check before using the facilities. We may ask for a letter from your doctor confirming you are safe to exercise. If you medical or fitness circumstances change during your membership with us, please let us know.
6. If you feel unwell or your child is unwell, please stay home. Look after your body and let it rest. You will feel better for it.
7. Junior members (anyone under the age of 18), must be accompanied by an adult and leave the Centre at the same time as the adult. (14 years + under for swimming)
8. Cleaning spray and wipes are provided across our Centre. Please clean equipment and spray showers after each use.
9. Only one person can be in a shower cubicle at any one time, the exception being parents or guardians with children aged up to 8
10. All children up to 14 years, must be accompanied by a parent or guardian when using the change rooms. Children under the age of 8 may enter change rooms of the opposite sex, but only with a parent or guardian.
11. We provide lockers in our change rooms. Please store your personal belongings here while you are training. They are free to use and in doing so you help keep our gym floor and pool deck clear and safe for everyone.
12. We cannot guarantee the use of a locker will prevent theft of belongings and we do not accept liability for any theft, except where it is due to our own negligence.
13. It’s important you understand there is increased levels of personal risk in certain areas of both the aquatics and fitness facilities. This includes the use of some equipment. You can identify risks by acknowledging safety signage and adhering to the instructions they give. If you’re unclear or uncomfortable in how to use equipment, please ask us and we will happily help.
14. It’s your responsibility to operate equipment in both the fitness and aquatics facilities correctly and safely. Our team are always happy to assist and guide you on appropriate use, however ultimately you have final responsibility. Please look after yourself.
15. Please never tamper with fire doors or fire exits. No equipment can be left blocking a fire exit.
16. If you are injured on our premises, please immediately notify a One by Mingara Team Member before you leave the Centre.
17. In the event of an emergency, please listen to the announcements made over the PA system. Please follow instructions from our team at all times and evacuate promptly when asked.

Using Our Facilities

1. All facility users must either swipe their membership card or provide their fitness passport details prior to entering the facility each session.
2. Hours of operation can be found on our website (onebymingara.com.au).
3. Never bring in or use illegal drugs or alcohol in our Centre.
4. Guide dogs are welcome.
5. You are responsible for the appropriate use of your mobile phone. We will not be liable for any loss or damage to your personal property.
6. Don’t use our facilities whilst under the influence of illegal drugs, anticoagulants, antihistamines, beta blockers (unless you have a letter from your doctor), tranquilisers, narcotics or any other substance that may impact your ability to safely use the fitness and aquatics equipment and facilities.
7. Please don’t smoke or vape inside or near the entrance to our Centre.
8. Non-toilet trained children must wear aqua nappies when using the pool.
9. Safety and hygiene in our Centre is a priority. For this reason, you must always be aware of and listen to instructions given by Lifeguards and Fitness Instructors and read any safety signage around the pool and in the fitness centre.
10. Please make use of antibacterial wipes to wipe down equipment and bring a towel when using the gym.
11. For any loss or damage to the clubs’ facilities by you or your guests, you will be personally liable to pay for this loss or damage.
12. Commercial activity, such as personal training (or any other activity), that is not conducted by One by Mingara is not allowed.
13. Please do not bring any glass bottles or jars into the fitness or aquatics centre.
14. No running on pool deck, bombing or belly flops in our pools.
15. If taking photos or video in our Fitness Centre, you must obtain consent from other members if they appear in the picture or footage. No photography or video can be taken in change rooms or the pool area. We reserve the right to ask you to delete content off your device or remove it from social media if we deem it to be inappropriate.
16. One by Mingara may take photographs and videos of the Centre and its facilities (including members). We will always seek written permission from members to use your image in our photography and video. We reserve the right to use these photographs/images for commercial purposes.
17. We use CCTV footage to monitor activity and any incidents in our Centre.

Active Membership Classes – Aquatics and Fitness

1. Whilst we do our best to maintain consistency, timetables and instructors may change without notice.
2. Please ensure you arrive for all classes, both in aquatics and fitness, a few minutes early to ensure the class can start on time. If a class has commenced, you must not enter.
3. Appropriate training clothing and footwear must be worn at all times. No shoes is only permitted when swimming and for fitness classes that require no shoes like Pilates and Yoga. If you are unsure, please ask a Team Member.
4. Please do not use mobile phones when in a fitness class or when supervising in the aquatics area. Your full attention and listening is required to ensure we maintain a safe environment. You must follow the direction of our Fitness Instructors and Lifeguards.
5. Pool lanes may be reserved for swimming lessons from time-to-time and will be clearly marked to indicate this.

Learn to Swim Classes & Squad Training

1. Learn to Swim and Squad members must scan their membership card upon entry to the aquatics facility.
2. As swimming level progression occurs in Learn to Swim or Squad, your fortnightly direct debit will increase accordingly. Meaning as your child progresses in any of the following mentioned levels, a price increase will occur (Level 1 to Level 2, Level 8 to Mini-squad, Mini-Squad to Development, Bronze to Silver, Silver to Gold, Gold to High Performance). As the amount per class increases the debit amount will reflect this increase.
3. Learn to Swim classes and squads do not stop of mid-year school holidays in April, July, and September, however classes do break for the December/January school holiday period.
4. Learn to Swim classes do not run on Public Holidays, therefore you will not be charged on these days.
5. Learn to Swim and Squad members are automatically re-enrolled every year. You must advise us of any changes to your child’s booking.
6. Squad members are entitled up to 8 weeks of membership freeze annually. All freezes must be applied for in advance. Requests for freezes may not be backdated.
7. When your child progresses through Learn to Swim into Squads, you will be required to cancel their Learn to Swim lessons prior to booking them into Squad membership. This can be completed at the Welcome Desk.
8. You may bring spectators, aside from a parent or guardian, to watch your lesson, however you’ll need to advise the Welcome Desk upon entry.
9. All swimmers and their parents, guardians or carers are expected to maintain appropriate standards of behaviour. No bullying, fighting, use of bad language, aggressive behaviour or rudeness towards other members or our team will be tolerated. Please be respectful of each other and the aquatics environment.
10. Parents and guardians must remain on site and be available to children at all times.
11. Whilst we have a team of experts and Lifeguards attending our pools, this does not replace the close supervision of parents and guardians. Parents and guardians should be equally prepared to act in the event of any unsafe activity or incident.
12. Children who are feeling unwell, receiving treatment for illness, or exhibiting symptoms such as unusual behaviour, temperatures, diarrhoea, vomiting, loss of appetite, conjunctivitis, skin rashes, infected skin, cuts, sore throat, headache or stiff neck, persistent cough, itchy skin or breathing trouble, should NOT attend their Learn to Swim class or Squad Training session.
13. Learn to swim members cannot freeze membership but are entitled to Make-up lessons. In all circumstances Make-up lessons may only be granted if absence notification occurs between 14 days and up to 12 hours prior to the scheduled lesson time.

1. Make-up lessons may only be scheduled 7 days in advance.
2. Make-up lessons are only subject to booking if there is class availability in your child’s current level; classes may not be overbooked to accommodate for Make-ups.

iii. Make-up classes must be utilised within 90 days of your notification of absence of lesson. If the maximum number of 4 Make-up classes is reached, no additional Make-up classes will be awarded.

1. Make-up classes are not subject to refunds or credits. Automated waitlists are not available.
2. Make-up lessons only available for financially sound accounts. Make-up lessons are non-transferable from child to child or within children of the same family group. Once a Make-up class is booked it is non-transferable
3. Once an account is cancelled, so are all the Make-up classes.

 

Personal Training Sessions

1. Personal Training purchases are valid for 6 months from the date of purchase.
2. When a Junior member turns 18 or a Senior member turns 60 their Membership Price will reflect the respective category of their membership level.
3. Late arrival for a Personal Training session by the client will result in time being forfeited.
4. Late arrival for a Personal Training session by the trainer will result in that amount of time being added to the current session or the time being added to the next session.
5. Cancellations by the client require 24 hours notice or that session will be forfeited.
6. Cancellations by the client due to illness, with less than 24 hours notice requires a medical certificate so as not to forfeit the session.
7. Cancellations by the Personal Trainer require 24 hours notice or a complimentary session will be offered to the client for use at their convenience.
8. No refund will be provided on pre-paid or upfront Personal Training sessions under any circumstances.
9. If your Personal Trainer ceases to be employed by One by Mingara, you will be assigned another Trainer. Sessions are purchased from One by Mingara, not the Personal Trainer.
10. All Personal Training clients that are not One by Mingara members, are not permitted to use the Centre’s facilities outside of their Personal Training sessions.

The Mingara Regional Athletics Centre

1. All facility users must either swipe their membership card, make payment, or provide their fitness passport details prior to entering the facility each session.
2. The availability of a particular facility or service at a particular time is dependent on the level of usage by others.
3. All track users must obey Track etiquette posted at the facility.
4. All track coaches must provide their current accreditation, complete the coaches pass application, be a member of the club and swipe upon entry.

The Creche

1. The Creche offer child minding for children aged 12 months to 10 years of age with maximum stay for children is 3 hours per session.
2. All parents/carers MUST remain on Mingara’s premises whilst children visit The Creche and remain contactable during your stay.
3. All children who visit The Creche must be signed in and out by the same authorised parent/carer. If you require other people to collect your child/ren from The Creche, The Creche team need to be informed, and an I.D check will be conducted and matched to the child’s enrolment form, to ensure that an approved person is collecting your child/ren. It is important to always ensure that The Creche has a current enrolment form for your child/ren.
4. You must book a Creche session in advance as places may be limited.
5. Cancellations must occur prior to your scheduled session commencement, if you fail to cancel before the schedule session begins you will incur a cancelation fee of $16 per child.
6. All enrolment details must be completed for each child attending and will be filed for emergency purposes only. Please include any allergies and/or health issues your child has (team must be kept aware of, and updated on these conditions, each time your child attends The Creche). Medication(s) will not be administered by the Mingara Team unless in case of an emergency.
7. If your child is unwell, unsettled or displays disruptive behaviour, team members will contact you to collect your child.
8. We endeavor to be a NUT-FREE ZONE. Any food brought into The Creche must be strictly nut-free.
9. Children’s personal items must be labelled clearly.
10. Socks must be worn during their stay.
11. All food and beverages brought into Creche must be in non-glass sealed containers.
12. The team cannot take responsibility for lost or damaged items. Mobile phones, iPads/tablets, cameras and other electronic devices are unable to be used in The Creche.

Conditions of Entry and Use

The Club reserves the right to refuse entry. Any persons under the influence of alcohol or drugs will not be permitted into the Centre. Abusive, disruptive, or offensive behaviour and language are not permitted. Anyone attempting to gain entry without paying or without authorisation will be prosecuted.

Members and users of the facility are not permitted to bring video cameras, camera or mobile phone cameras into the aquatics area or any change room within the Centre (including the fitness area). Photography or recording is not permitted in these areas.

The Club accepts no responsibility for lost or stolen belongings. Members and visitors should not bring cameras, phones, wallets, or other valuables to the Centre. Any item left for more than 24 hours at the Centre may be regarded as abandoned and the club may deal with it as it sees fit.

Assistance dogs are allowed in the centre. No other pets or animals will be permitted.

The facilities within the Centre must be used solely for their designated purposes and nothing more.

Neither the Club, its officers, employees, or agents, have any responsibility or liability for any injury, death, loss, or damage arising in the connection with the use of the Centre or any facility within the Centre except as follows:

All terms, conditions and warranties that might otherwise apply or be applied are excluded to the fullest extent permitted by law. Provisions of the Trade Practices Act and other legislation in some cases either cannot be excluded, restricted, or modified, or can only be restricted or modified to a limited extent. If any provision of that type applies, then to the extent permitted by law the Club’s liability in relation to goods is limited; or payment of the cost of replace the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or acquiring equivalent goods; or payment of having the goods replaced; and the Club’s liability in relation to services is limited at its option to the supplying of the services again; or the payment of the cost of having the services supplied again.

The Club is not liable for any damage or breach or negligence or otherwise, except as stated. Damage includes wasted or additional expenditure or costs, lost profits, lost savings, lost time, loss of or damage to good will, loss of or damage to data or records, claims made against you by or liability to others and all economic, special, indirect, or consequential losses, costs, and damage. Any otherwise remaining liability of the Club for any breach of a warranty implied by s74 of the Trade Practices Act (if applicable) is excluded, but only to the extent that the liability relates to death or personal injury.

The Club makes no representation regarding the suitability of the Centre (which in these conditions, whenever the context permits) includes each and every item, facility and service provided in or at the Centre or the manner in which the Centre operates or is used.

You indemnify the Club from and against all claims, loss, damage, costs and expenses to the extent caused or contributed to by your negligence or breach of any of these conditions or resulting from the impounding or removal of anything that you bring into the Centre or as a result of any service or assistance provided by the Club to you or in respect of anything that you bring to the Centre.

The Club does not waive its rights by delay or non-enforcement. No waiver or variation of these conditions by the Club is effective unless in writing signed by the Chief Executive Officer.

You must not undertake any commercial activity of any nature within the Centre and you must use the Centre only for personal recreational use.

You must not conduct any lottery, raffle, guessing game, game of chance, side-show, or competition in or near the Centre without the prior written consent of the Club and other necessary subcontractors.

You must not be involved in nor permit any television, radio, or other communications medium broadcast from the Centre.

Certain areas within the centre, and certain activities and facilities, have higher risk or special requirements. In some but not all cases that will be indicated by signage. You must ensure that you read, understand, and abide by all signage throughout the Centre.

It is your responsibility to ensure that you correctly operate or use any facility or equipment including adjustments and settings. All equipment must be returned after use in all areas of the Gym, including but not limited to free weights, bands, bars, bumpers, kettlebells, dumbbells, mats, skipping ropes, cable attachments, yoga blocks, boxing gloves, balls and benches. If you are in doubt, please consult a team member. However, in every case final responsibility remains yours. You are responsible for any damage which you cause.

In some cases particular goods or services may be provided within the Centre by other parties including in some cases other parties with whom the Club has a contracted relationship. Any claim as a result of anything done or emitted by any such other party where or not payment has been made through the Club, must be bought against and will be the sole responsibility of that other party and not the Club. You release the Club and indemnify the Club for any claim that is the result of any act or damage by any such person.

Each time you attend the Centre, you warrant and represent to the Club that you are in appropriate physical condition and that you know of no medical or other reason why you are not capable of engaging in whatever activity you attend or actually do undertake at the Centre without detriment to your health, safety, comfort or physical condition of you or anyone else.

Team members and other persons who may work within the Centre are not medically trained and are not qualified to assess your physical condition or your fitness. The Club strongly advises you to take expert advice prior to undertaking any exercise program or other physical activity if you are in any doubt about your condition or fitness.

You must not attend the Centre whilst suffering from any infectious or contagious illness, disease or other aliment, or while suffering from any physical condition such as an open cut or sore, or minor infection that creates any risk to any other person or team member.

You must cooperate with Club Team Members at all times and act reasonably in sharing the facilities of the Centre with others. You must not seek access to or use of exclusive or restricted areas, facilities or services, except as and when authorised by the Club and then only as authorised by the Club. Your use of services and facilities must at all times be reasonable and not excessive.

Gym membership conditions and other like conditions, where relevant, apply in addition to these Conditions.

You may be removed from the Centre if you do not follow these Conditions. You must observe and comply with all signs, requirements and directions and all laws and regulations.

This is a Mingara Recreation Club Ltd facility. You may not enter if your membership is suspended or terminated, while you are barred from using the Club’s facilities.

*DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement involving Debitsuccess.  It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR Authorisation Form. INITIAL TERMS I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) APCA User ID 496485 to make periodic debits on behalf of the “Business” as indicated on DDR Authorisation Form (herein referred to as the Business). I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour,  or processing fees may also apply and be debited under the DDR as instructed by the Business. RELATIONSHIP I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. CLEARED FUNDS I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution. VARIATIONS TO DEBIT TERMS I/We authorise the Business to vary the amount of the payments from time to time as provided for within the agreement with the Business. I/We authorise Debitsuccess to vary the amount of the payments upon instructions from the Business. I/We do not require Debitsuccess to notify me/us of such variations to the debit amount.  I/We acknowledge that variations to the debit arrangement will be directed to the Business. I/We acknowledge that Debitsuccess/Business is to provide 14 days’ notice if proposing to vary the terms of the debit arrangements otherwise than in accordance with an agreed payment schedule. I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement will be directed to the Business.  CANCELLING THESE DEBIT TERMS  I/We understand that I/we are able to cancel this DDR by requesting this of the Business or the Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to. DISHONOURED PAYMENTS I/We acknowledge that:   -if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges for each unsuccessful debit in addition to any Financial Institution charges and collection fees, including and not limited to any fees of solicitors and collection agents appointed by Debitsuccess; and -Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.  ACCURACY OF INFORMATION I/We acknowledge that it is my/our responsibility to ensure that the details entered on the DDR Authorisation Form are correct and that Debitsuccess is not liable to the extent that any such details are wrong and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the DDR Authorisation Form, I/we agree that Debitsuccess may continue to debit from a credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it wholly my/our responsibility to provide details of a replacement credit card to Debitsuccess via the Business.  DISPUTES I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to contact the Financial Institution. OTHER AUTHORISATIONS I/We authorise:  The Debit User to verify details of my/our account with my/our Financial Institution; and The Financial Institution to release information allowing the Debit User to verify my/our account details. INFORMATION SECURITY  Debitsuccess agrees that it will make reasonable efforts to keep any of your information contained in the DDR (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. Debitsuccess will only disclose information that we have about you:  to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim). Should you have any queries in relation to these terms and conditions contact DebitSuccess Pty Ltd. PO Box 577, Mt Waverley, Vic, 3149 Phone: 1800 148 848 E-mail: customerservice@debitsuccess.com.