Terms and Conditions

DeakinACTIVE is committed to being as clear and transparent as possible with our terms and conditions. We want to ensure that you have access to these, regardless if you have a full membership or short term access through a promotion or special event.

In this section you will find links to all active terms and conditions. If you believe you have purchased a membership or product that does not have it’s terms and conditions accessible below, please contact us directly by email at:

[email protected]
[email protected]
[email protected]
[email protected]

GENERAL TERMS AND CONDITIONS 

Terms & Conditions of participation at DeakinACTIVE venues delivered by Clublinks Management PTY LTD (Clublinks) on behalf of Deakin University (DU). Clublinks on behalf of DU reserves the right to amend these Terms & Conditions from time to time as and when required.

PARTIES TO CONTRACT

The “Branch” means the organisation providing the service for which the Customer is paying being Clublinks Management Pty Ltd Trading As DeakinACTIVE. The “Customer” means you: the person or party signing this Contract.

ACCESS TO FACILITY & PROGRAMS 

• Opening hours and access to facilities may vary in line with public holidays and University closure dates and at times may vary due to operational circumstances.
• We endeavour to communicate promptly and swiftly should regular trading hours or programs change via SMS and or email.
• Please ensure your contact details are up to date via your Online Client Portal.
• Members on Thrive Memberships can access the Gym, and Group Fitness facilities.
• Members on Strive Memberships can access the Gym but not Group Fitness classes.
• Access to services on a pass is subjective to the pass purchased.
• Access to Stadium and Sport facilities is subject to the membership type purchased.

COOLING OFF PERIOD

• There is a 7-day cooling off period for all membership types.
• Cancelling within a 7-day cooling off period must be requested in person by visiting a DeakinACTIVE facility and submitted via the online Cancellation Form available from a reception staff member.
• If a membership is cancelled during the cooling off period, all monies collected will be refunded.

SUSPENSION OF MEMBERSHIP

• All Direct Debit membership holders are eligible to suspend their membership for 12 weeks complimentary, with a $10 fee for any additional suspension periods.
• Visit Passes and term membership holders are not permitted to suspend their membership.
• Suspensions cannot under any circumstance be back dated and must be submitted at least 3 days before the intended suspension start date.
• Suspension requests must be submitted via the members Online Client Portal.
• Membership suspensions due to medical reasons should be accompanied by a medical certificated clearly stating the length of the suspension period as advised by the allied health professional which will allow the suspension period to extend beyond the 12-week maximum at no charge.
• Cancelling during a suspension period is not permitted.

DIRECT DEBIT MEMBERSHIPS

• All direct debit memberships and enrolments are ongoing, and payments continue past the agreed commitment period until a request to cancel is submitted with 28 days’ notice.
• Payments are scheduled for debit on a fortnightly cycle covering 2 weeks in advance.
• At the time of joining, Pro Rata is payable covering from the day of starting up until the day before the first direct debit cycle or can be included in the first direct debit payment.
• A rejection fee of $10 applies for any missed direct debit payment.

CANCELLATIONS

• Members on upfront paid in advance memberships are not permitted to cancel.
• Upfront memberships are non-refundable or transferrable.
• Cancellation requests must be submitted via the Digital Cancellation form available from a reception staff member.
• If early termination request is due to a medical condition and a medical certificate stating inability to exercise, the 28-day notice period may be waived.
• All fees are payable during the 28-day notice period and cancellations cannot be submitted during suspension periods.

FITNESS PASSPORT 

• DeakinACTIVE accepts Fitness Passport members.
• Fitness Passport members must complete a Pre-Exercise Questionnaire and registration form on their first visit.

CONDITIONS OF ENTRY 

1. Smoking is NOT permitted on University Campuses.
2. Alcohol must NOT be consumed at the venue or its environs. Intoxicated persons will not be granted admission.
3. You MUST use a personal towel at all times throughout your workout
4. You MUST wipe down equipment after use using the antibacterial wipes provided.
5. Do not train if you have tested positive for COVID-19, or feel unwell.
6. DeakinACTIVE requires notification of ALL First Aid incidents and other general incidentsvandalism, break-ins. DeakinACTIVE templates for reporting are available if required. These should be forwarded to DeakinACTIVE within 24 hours after the injury/incident occurs.
7. The use of cameras for photography or videoing is NOT permitted without written permission from DeakinACTIVE.
8. The facility encourages access to all individuals. Any individual or group who, through their behaviour limits the enjoyment of other users, will be asked to leave the facility. Users shall follow all reasonable instructions given by management of the DeakinACTIVE sporting facilities in the interests of Risk Management and the enjoyment of others at the facility.
9. Users are asked to ensure that they assist in maintaining a clean facility, including putting equipment back when finished with it.
10. Animals (with the exception of assistance dogs) may not enter the venue.
11. Users will be liable for the cost of repairs for any damage caused to the facility as a direct result of their activities, or activities undertaken by their participants.
12. Appropriate gym attire must be worn at all times, including closed-toed shoes.

ENTITLEMENT

Provision of services provided by the Branch may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By signing this agreement, you are agreeing to be bound by the rules and conditions of the Branch. The Management at DeakinACTIVE reserves the right to cancel the rights of any member not complying with the conditions of membership or rules of the Branch at any time.

PROVISION OF SERVICE

Change of location or ownership or the name of the Branch does not absolve you of your responsibilities under the terms and conditions of this Contract.

ENTIRE AGREEMENT

This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between you, the Customer, DeakinACTIVE relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

LIABILITY

To the extent permitted by law, DeakinACTIVE shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. DeakinACTIVE is not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Branch at your own risk.

PRIVACY DISCLAIMER

DeakinACTIVE from time to time will send you news and information regarding the centre. You can unsubscribe at any time using the link at the bottom of our emails or by contacting DeakinACTIVE. DeakinACTIVE only keep on file personal information that is needed to provide the requested updates or service to you. You may request to see your personal information held on file by us. DeakinACTIVE will not sell or give your personal information to any third parties without your express consent, unless we have to do so to provide the requested service or as required by law. The data provided may be provided to DU or any other person from time to time who is engaged to manage and operate the centre.

Notice
3 days’ notice is required prior to beginning of suspension period.

Suspension Entitlements
All twelve month memberships include an entitlement of 12 weeks suspension. Additional suspension periods will incur a $10 fee.

Exceptions
Suspension due to medical issues will not be included in the 12 week suspension entitlement if a medical certificate is supplied.

Deakin University Staff
Staff payroll suspensions are processed in two week blocks corresponding with the fortnightly pay.

CONDITIONS OF ENTRY 

1. Smoking is NOT permitted on University Campuses.
2. Alcohol must NOT be consumed at the venue or its environs. Intoxicated persons will not be granted admission.
3. You MUST use a personal towel at all times throughout your workout
4. You MUST wipe down equipment after use using the antibacterial wipes provided.
5. Do not train if you have tested positive for COVID-19, or feel unwell.
6. DeakinACTIVE requires notification of ALL First Aid incidents and other general incidentsvandalism, break-ins. DeakinACTIVE templates for reporting are available if required. These should be forwarded to DeakinACTIVE within 24 hours after the injury/incident occurs.
7. The use of cameras for photography or videoing is NOT permitted without written permission from DeakinACTIVE.
8. The facility encourages access to all individuals. Any individual or group who, through their behaviour limits the enjoyment of other users, will be asked to leave the facility. Users shall follow all reasonable instructions given by management of the DeakinACTIVE sporting facilities in the interests of Risk Management and the enjoyment of others at the facility.
9. Users are asked to ensure that they assist in maintaining a clean facility, including putting equipment back when finished with it.
10. Animals (with the exception of assistance dogs) may not enter the venue.
11. Users will be liable for the cost of repairs for any damage caused to the facility as a direct result of their activities, or activities undertaken by their participants.
12. Appropriate gym attire must be worn at all times, including closed-toed shoes.

LIABILITY

To the extent permitted by law, DeakinACTIVE shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. DeakinACTIVE is not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Branch at your own risk.

DeakinMOVES January 2024 Challenge

The promoter of this competition is Clublinks Management Pty Ltd T/A DeakinACTIVE ABN 41 099 690 301 of Waterman Business Centre, Suite 001 44 Lakeview Drive, Scoresby, VIC 3179.

1. Information on how to enter forms part of these Terms and Conditions. By entering, entrants agree to be bound by these Terms and Conditions and entries must comply with these Terms and Conditions to be valid.

2. This competition is governed by the laws in force in the State of Victoria, Australia.

The Competition

3. Our DeakinMOVES January fitness challenge is free for everyone to enter – all Deakin students and staff as well as the wider population and our local community. We have one (1) fitness challenge open for entry:

• MOVE your way into 2024! Collect 20,000 MOVEs throughout January and go in the running to win 2-weeks FREE DeakinACTIVE thrive membership

4. Staff employed by Clublinks and DeakinACTIVE are not eligible to win prizes.

Competition period

5. The competition period for the DeakinMOVES January fitness challenge runs from 01/01/24 – 31/01/24.

Prizes

6. Challenge prize:

• Go in the running to win 2-weeks FREE DeakinACTIVE thrive membership

How to enter

7. Simply download the DeakinMOVES app if you haven’t already and scroll down the homepage to the Challenges tile and select the join button to join the challenge.

Selection and notification of winner

8. All participants who complete either challenge will go in the draw to win a prize for that Challenge.

9. Winners will be notified by email or phone.

10. If the winner does not respond to claim the prize within 7 days of contact from DeakinACTIVE, the winner forfeits the prize and another random entry will be chosen. This process may continue until the prize is awarded.

11. Prizes are not transferable and are not redeemable for cash. DeakinACTIVE’s decision is final and binding – no correspondence will be entered into. DeakinACTIVE accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way.

12. Entrants consent to DeakinACTIVE using their name, image or voice for promotional purposes. Entrants agree to make themselves available for a photograph and interview in the event that theirs is the winning entry and if requested by DeakinACTIVE.

13. Winners consent to their name and photograph being published on DeakinACTIVE social media and other digital channels if requested to in any and all forms as determined by DeainACTIVE.

Privacy collection, use and disclosure statement

Personal Information provided to DeakinACTIVE by entrants will be used to notify the winner of the competition. A photograph of the winners may be published on DeakinACTIVE’s social media channels including Facebook, Instagram and other digital channels such as the Deakin Life blog.

DeakinACTIVE complies with the Privacy and Data Protection Act 2014 (Vic) in its treatment of personal information. Entrants have a right to access their personal information held by DeakinACTIVE and the University. Requests for access to personal information are managed under the Freedom of Information Act 1982 (Vic).