CONDITIONS OF ENTRY

The following Terms and Conditions apply to all individuals upon their entry into the Clive Berghofer Recreation Centre (CBRC), no matter what service they are accessing. The information below sets out the Terms and Conditions for entering the CBRC and The Works gym. As well as, highlighting some specific rules members and guests to the gym need to be aware of. If you have any questions please don’t hesitate to contact us.

Definitions

‘Centre’ means the Clive Berghofer Recreation Centre, Queensland, as managed by the USQ Student Guild.
‘Entrant’ means any person who enters the Centre at any time whatsoever.
‘Event’ means an event conducted at the Centre;
‘Owner’ means the owner or the manager of the Centre or The Works Health & Recreation Club or any of their respective agents.
‘Hirer’ means the business entity licensed to use the Centre to present the Event.
‘Serious Misconduct’ means any such behaviour including but not limited to: Wilful or deliberate behaviour or conduct which causes a serious and imminent risk to a person’s health and safety or causes a serious and imminent risk to the reputation, viability or profitability of USQ Student Guild; Theft; Being intoxicated or being in possession or under the effects of illegal drugs or substances whilst visiting and/or using the Centre; Serious dishonesty, falsification or fraud; Breaching confidentiality including the unauthorised accessing or copying of information; engaging in conduct in the nature of serious or gross negligence; engaging in behaviour which is violent or aggressive , including bullying, harassment, assault, victimisation or discrimination; Failing to carry out lawful direction by the Owner or Hirer; Wilful or negligent damage to property; and/or bringing USQ Student Guild into disrepute.

Terms and Conditions

1. The Hirer shall be responsible for the Event which it arranges. Any and all claims, complaints and damages arising out of or in connection with an Event, are to be directed to the Hirer.
2. Entrants assume all risk of any damage or loss (including property damage, personal injury, economic and consequential loss) however it arises at the Centre. Entrants bring personal effects onto the Centre at their own risk. Centre management will not be responsible for any damage to or loss or theft of an Entrant’s personal property.
3. Persons under the age of 13 must be under the direct supervision of an adult at all times. The Owner and/or the Hirer reserve the right to refuse entry to or to remove from the Centre, or to refer to the police any persons under the age of 13 who are without adult supervision.
4. The Centre accepts no responsibility for any injury or death that results directly or indirectly from the use or misuse of the facilities by an Entrant or Hirer.
5. All Entrants agree that upon entry that they shall follow government regulations, legislation and appropriate standards.
6. Upon Entry, Entrants agree that they shall act respectfully towards other Entrants and staff, including using appropriate language. Whilst in the Centre and premises, Entrants shall not engage in behaviour that is deemed to be fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, serious misconduct and/or otherwise unlawful. Should an entrant engage in behaviours such as these the owner or the Hirer reserves their right to evict, without compensation.
7. Unauthorised persons are prohibited from entering the Centre and any area not accessible by the public, including areas clearly indicated as staff only.
8. Entrants shall abide by all lawful and appropriate instructions and directions given by the Hirer or Owner and should an Entrant fail to abide by such directions and/or instructions, the Hirer or Owner may, at their discretion evict the Entrant, without compensation.
9. The Hirer and/or the Owner reserve the right to refuse admission and/or evict from the Centre an Entrant, without compensation, whose conduct is deemed to be unlawful, disorderly, have engaged in serious misconduct or offensive by the Hirer or Owner. This includes any person that is not entitled to attend an Event held at the Centre.
10. Alcohol may only be consumed within the Centre where it is clearly indicated that consumption is permitted, otherwise, the consumption of alcohol within the centre is strictly prohibited. An Entrant, of legal drinking age, agrees that they will not consume alcohol in excess of the legal driving limit of Queensland. An Entrant under the legal drinking age, shall not purchase and/or consume alcohol within the Centre or the Centre’s premises.
11. All Entrants shall wear appropriate clothes and footwear at all times, the Owner or Hirer reserves their right to evict any Entrant who fails to comply.
12. Smoking is prohibited in all areas of the Centre and the grounds of USQ, including but not limited to carparks, footpaths, ovals and any other premises owned by USQ or managed by the Owner. The Owner reserves their right to evict any Entrant smoking who fails to comply with this requirement.
13. A Hirer and/or its agents and/or the Owner may, at their absolute discretion, conduct searches of Entrants for items which are prohibited by law or prohibited by the Hirers or Owners terms of Entry.
14. Unless expressly authorised by the Owner, the following items are strictly prohibited at the Centre including firearms, explosives, flammable liquids, hazardous materials, controlled, dangerous or illegal substances, drugs, food or alcoholic beverages (whether for sale or supply) or any other goods or services for the purpose of sale or supply. Further, any smoke machines, misters, hazers, foggers, foamers, oil crackers, dry ice or fluid, dry density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances, whether manually dispersed or by a discharge mechanism, are not to be brought into the Centre without the specific prior written approval of the Owner.
15. Unless expressly authorised by the Owner or authorised by law, including but not limited to Seeing Guide animals, support animals and therapy animals, animals are not to be brought into the Centre or the Centre’s premises.
16. Cameras (including digital cameras), audio and video recorders may only be brought into the Centre at the discretion of Centre management.
17. Entrants acknowledge that the Owner and/or the Hirer may use an Entrant’s image or likeness as part of any recording of the event.
18. Entrants and/or hirers are responsible for all and any costs associated with any damage directly or indirectly caused by them to the Centre or the Centre’s equipment. The Owner reserves the right to issue invoices to any Entrant and/or Hirer for the costs of any such incurred damage.
19. The Owner reserves the right to direct any and all costs associated with evacuations and alarms caused by, directly or indirectly, the actions of an Entrant or Hirer should such occurrence be the result of misconduct or unlawful actions.
20. The Hirer or Owner may cancel, interrupt or stop an Event due to dangerous situations, adverse weather or any other reason which is beyond its reasonable control. Such cancellation, interruption and/or stopping of an Event shall not entitle the Entrant or Hirer to make any claim whatsoever against the Owner. Nor shall it entitle the Entrant to make a claim whatsoever against the Hirer except, in the case of the Hirer, for and limited to a ticket for a replacement Event if scheduled or a refund of the appropriate portion of the face price of the ticket if the Event is cancelled and not subsequently rescheduled.
21. Entrant’s and hirers agree that they will abide by all rules, notices and instructions found within the Centre and that they will, from time to time, review such rules of the Centre.
22. Entrants acknowledge the use of camera surveillance within the Centre for the purpose of ensuring public safety and for the investigation and prosecution of criminal offences. Footage will only be accessed by persons authorised to do so, including those authorised by USQ to do so. Should an incident occur, footage may be provided to the Queensland Police Service for law enforcement purposes. Your information will not be given to any other person or agency unless authorised or required by law.
23. All Entrants shall comply with legislative requirements with respect to policies and procedures relating to confidentiality and privacy.

Privacy Statement

The Works Health & Recreation Club is wholly owned and operated by the University of Southern Queensland Student Guild (USQ Student Guild). The USQ Student Guild collects personal information in accordance with our Privacy Policy, to assist in providing the best fitness and related ancillary services to suit your needs and to be able to contact you regarding your membership and other associated USQ Student Guild services. Personal information will not be disclosed to third parties without your consent unless required by law. Please review our Privacy Policy for further details.


Terms & Conditions

1. Definitions:

(a) Club Rules means any rules made by The Works as amended from time to time.
(b) Joining Fee means the relevant fee for the membership type as specified in this membership application form.
(c) Membership Agreement means this membership application form, Club Rules and Privacy Policy, as amended from time to time; and
(d) Privacy Policy means The Works Privacy Policy which is available on
http://policy.usq.edu.au/documents/13404PL or by emailing theworks@studentguild.com.au.
(e) Start Date means the start date specified on page one of this Membership Agreement.
(f) Terms & Conditions means these terms and conditions.
(g) The Works means The Works Health & Recreation Club, which is wholly owned and operated by the University of Southern Queensland Student Guild.

2. Membership Agreement

2.1 Your membership is governed by the Membership Agreement. Once this membership application form has been authorised by a representative of The Works, you have agreed to a binding contract.
2.2 Your membership permits you to use The Works premises, facilities, equipment and services, subject to the terms of your Membership Agreement.
2.3 You must pay the relevant Joining Fee upon submitting this completed membership application form.

3. Membership Term

3.1 If you purchase a twelve/six/three month membership, the term of your membership will end on the date which is twelve/six/three months after the Start Date in this membership application form (the End Date), unless you renew your membership. If you do not renew your membership within 90 days of the End Date, you will be required to pay the Joining Fee to renew your membership. The price of your membership may have changed during the term of your membership and The Works current pricing will be applicable at the time of your membership renewal.

4. Membership Inclusion

4.1 All memberships include the use of and access to the gym, multipurpose courts, tennis courts and virtual and group classes. Access to the Tennis Clubhouse is not included in memberships.

5. Sports Court Bookings

5.1 Bookings are essential for the use of all sports courts and are subject to availability. Please enquire at Reception for bookings, or phone (07) 4688 077 or email theworks@studentguild.com.au
(a) No equipment included with bookings.

6. Eligibility for Membership Types

6.1 To be eligible for USQ Staff membership (Fit & Well), you must be an executive, professional or academic continuing or fixed term staff member at USQ whose appointment duration is for more than twelve months in a single contract.
6.2 To be eligible for an Associate membership, you must be a USQ staff member who is not eligible for USQ Staff membership, or a spouse, de-facto, child, parent, grandparent, grandchild of a USQ staff member or any other person approved by The Works.
6.3 To be eligible for a Student membership, you must be currently enrolled in a course at USQ.
6.4 To be eligible for Concession membership, you must hold a valid Centrelink concession card, or you must be able to provide proof that you are a student currently enrolled in a course at a University other than USQ.
6.5 To be eligible for Corporate membership, you must have a corporate agreement with the USQ Student Guild.

7. Terminating Membership

7.1 30 days written notice is required for cancellations, and this 30 day period is effective from the date the notice is received by The Works.
7.2 You may cancel your membership at no charge if The Works is in fundamental breach of the Membership Agreement.
7.3 If you cancel your membership for any other reason other than set out in clause 7.2, you must pay 2 fortnightly direct debit payments. Term memberships automatically end at the end of the term period.
7.4 If you request the cancellation of your membership due to suffering from a permanent sickness or physical incapacity which prevents you from using The Works.

(a) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
(b) there will be a refund of any unused Term membership fees.

7.5 The Works may terminate your Membership Agreement after a warning has been given to you if you are in fundamental breach of your Membership Agreement.
7.6 You may not have to pay the joining fee again if you re-join The Works within 3 months of expiration of your previous membership.

8. Deferral of Membership

8.1 You may defer your membership for a minimum of 2 weeks and a maximum 3 months in a year as a direct debit member or 1 month in a year as a term member, provided your period of deferral is in two weeks increments for any reason (including personal, holidays, medical, injury or illness).
8.2 You must provide advanced written notice to The Works in order for your membership to be deferred.
8.3 Your Term Membership End Date will be extended by the period of your deferral.

9. Amendments to Services

9.1 The Works may from time to time alter the opening hours of the facilities, group fitness timetables, facilities or items of equipment provided, or any other services or products provided, in their sole discretion.
9.2 Any changes in accordance with clause 7.1 will be notified to you by The Works prominently displaying the details of the alteration or suspension.
9.3 If The Works needs to close temporarily for any reason including, but not limited to renovation and/or building repairs and maintenance, The Works will place your membership on deferral where the closure is greater than 10 days in duration.
9.4 Memberships are not transferrable.

10. Cooling Off

10.1 You may cancel your membership during the cooling off period. The cooling off period ends at 5:00pm on the second business day after the Start Date in your membership application form.
10.2 You must provide written notice of your intention to cancel within the cooling off period. An administration/joining fee of $99 will be charged for cancelling your membership during the cooling off period.
10.3 If you joined while there was a reduced joining fee promotion and decide to cancel your membership during the cooling off period, the full $99 administration/joining fee will be charged.
10.4 Any fees that are required to be refunded after the administration/joining fee has been applied will be reimbursed back to the member within 14 business days of written notice being received by The Works. In determining the fees to be refunded to you, The Works is entitled to deduct from any amount paid by you, the administration/joining fee and usage fees for any visits which have been made during the cooling off period.

11. Payments

11.1 You agree to pay all fees as set out in this Membership Agreement.
11.2 The Works uses EzyPay to collect Direct Debit payments. If you join under a Direct Debit membership, you agree to allow EzyPay to collect your Direct Debit payments on behalf of The Works.

(a) If a Direct Debit payment is rejected, a $10 rejection fee will be charged.

11.3 If you purchase an upfront yearly membership, you must pay the fee specified on page one of this membership application form upfront at the time of completing this membership application form.
11.4 If you purchase a Direct Debit Membership, you must pay the fee specified on page one of this membership application form fortnightly in advance.

12. Risk and Liability

12.1 You acknowledge and understand that participation in activities at The Works require varying degrees of physical exertion and/or physical risk which may cause your death or personal injury. If you believe there is a risk to your health by participating in a fitness service at The Works, you must inform The Works about the risk in writing.
12.2 You are responsible for your personal belongings while at The Works and The Works takes no responsibility for the loss or damage of your personal belongings.
12.3 You warrant that you have advised The Works of any medical or physical conditions which you have which may affect your use of The Works facilities. It is your responsibility to update The Works regarding any changes to your condition as soon as you become aware of the change.
12.4 The Works accepts no responsibility for any injury or death that results directly or indirectly from the use or misuse of the facilities by you.
12.5 You acknowledge and agree that The Works is not liable to you or any other person for:

(a) any loss or damage of any kind that is directly or indirectly caused by or results from your wrongful, wilful or negligent act or omission; or
(b) any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage.

12.6 Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
12.7 Despite clause 10.6, nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
12.8 To the fullest extent permitted by law, the liability of The Works for a breach of a non-excludable condition or warranty is limited to:

(a) the supply of the services provided for under the Membership Agreement; or
(b) the payment of the cost of having the services supplied again.

12.9 Subject to clause 9.7, you release The Works and its related entities and representatives from any liability or claims relating, but not limited to:

(a) any personal injury;
(b) loss or damage of your personal property; and
(c) any breach of your obligations;
except to the extent arising from the wilful or negligent acts or omissions of The Works (or any officer, agent or employee of The Works respectively).

12.10 Subject to clause 9.7, you indemnify The Works and its related entities and representatives against:

(a) all losses they incur; and
(b) all liabilities they incur,
directly or indirectly caused by, or resulting from, any wrongful, wilful or negligent act or omission by you.

13. Orientation

13.1 You must participate in a 24/7 Access Member orientation and complete the appropriate form prior to commencing using the services and facilities provided by The Works.
13.2 The orientation & consultations focusses on various aspects of The Works, including the safe and correct use of equipment, facility layout, amenities and entry and exits, including emergency exits.

14. Private Consultation Sessions

14.1 24 hours’ notice is required to cancel a Private Consultation session or consultation session. If 24 hours’ notice is not given, you will be charged for the session.

15. Code of Conduct

For USQ Student Guild Members, contractors, The Works Health & Recreation Club members, Social Sports Members, Tennis Members, Casual Members and clients in the Club shall be required to be familiar with the Code of Conduct and ensure adherence to the guidelines.

15.1 Respectful Behaviour
• All Members shall follow the Work Health and Safety requirements, relevant Government Regulations and Legislation and appropriate standards.
• All members agree to act respectful to other members and staff. This includes appropriate language and generous personal space.
• Members are not to use their phone, camera or other devices to take photos or other footage of gym members, staff or the facilities without consent.
• Members will not reserve equipment with water bottles, towel or other means. Please be courteous when using the equipment, especially during peak times.
• No smoking or illegal activities in the facilities.
• Members shall comply with all lawful and reasonable directions given. Complaints arising out of such directions shall be discussed, and attempted to be resolved, with the CEO.
• Members are encouraged to report to the CEO any behaviour by another member, or employee, they consider to be unethical. This may include behaviour that you believe violates any law, rule or regulation or represents corrupt conduct, substantial mismanagement of company resources, or is a danger to public health or safety or to the environment.
• Material or behaviour that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory or otherwise unlawful or inappropriate must not be engaged in.

15.2 Dress Code
• Members shall wear closed in shoes at all times for safety reasons. Barefoot, Toe Shoes and Sock Shoes are not permitted.
• Members shall wear workout appropriate clothing on the top and bottom half of the body and remain wearing clothing while in the exercise areas, stadium and courts.

15.3 Use of Facilities
• Personal belongings are brought on the premises at your own risk. Lockers are supplied for you to store your valuables securely. The Works will not be held accountable for any lost or damaged belongings
• Members should use a towel on all appropriate equipment. Any leftover bodily fluids should be cleaned up using the courtesy wipes. The towel should be large enough to cover your torso. Hand towels are not acceptable.
• Any equipment that has been moved during your workout, must be placed back where it belongs.
• No pets are to be brought into the facilities
• If you damage equipment or other items in the facilities, please notify staff as soon as possible, as it may pose a safety risk to yourself, staff or other members
• Music or other audio is not to be played loudly while using the facilities. Please use earphones or another device to restrict the sound so only you can hear it.
• You are only to access your own personal fitness files. You are prohibited to access other members files.
• You must be over the age of 16 to attend the gym without supervision. If you are between the age of 13 and 16, you must have an adult supervisor with you at all times. The adult supervisor must also be a member of the facility.
• People under the age of 13 are not permitted in the gym.
• If you require a Carer to accompany you in the gym, the Carer must also be a member. This also applies to therapists and other consultants.

15.4 Use and Release of Information

(a) Public Comment
• Whilst it is recognised that members have the right as an individual to make public comment, Members shall not reveal confidential information in public. Information of a confidential nature shall not be used by an members in any public comment without the prior approval of the Chair, USQ Student Guild.
(b) Security of Information
• Employee and client information is confidential. Any information regarding employees, clients and/or a service shall not be conveyed to another person, without appropriate authorisation.
• All Members shall comply with legislative requirements in respect to policies relating to Confidentiality and Privacy.
• Confidentiality with respect to Business / Finance information and security of Systems Information (Information Technology) shall be adhered to by all Members.
(c) Participation in Media, Seminars and Related Activities
• Members shall obtain the prior written approval of the CEO before addressing Media launches, news stories or seminars organised by professional conference organisers.

15.5 Serious Misconduct
The following list of behaviours is considered to be serious misconduct by concept which will result in disciplinary proceedings and is likely to result in the termination of your Membership and/or possible legal action. This list is not exhaustive, but shall include:
• Wilful or deliberate behaviour which is inconsistent with the membership terms and conditions
• Conduct which causes a serious and imminent risk to a person’s health and safety
• Conduct which causes a serious and imminent risk to the reputation, viability or profitability of USQ Student Guild
• Theft
• Being intoxicated or being in possession or under the effects of illegal drugs or substances at visiting/using the facilities
• Serious dishonesty, falsification of Company documentation
• Breaches of confidentiality including the unauthorised accessing or copying of information
• Fraud
• Serious or gross negligence
• Bullying, harassment, victimisation or discrimination
• Assault, violence or aggression
• Failure to carry out lawful direction by USQ Student Guild
• Wilful or negligent damage to property
• Bringing USQ Student Guild into disrepute

  1. No Children under the age of 13 are permitted within the gym.
  2. Children age 13 – 16 years must be accompanied by an adult.
  3. All patrons must wear closed in sports footwear at all times for safety reasons. No boots, sandals, sock shoes or bare feet are allowed within the gym.
  4. All patrons must wear appropriate clothing and remain wearing clothing whilst within the exercise areas. Patrons are not permitted to wear crop tops, boyleg shorts or go shirtless.
  5. All patrons must have a fitness towel (bath towel). A towel must be used when using the facilities and placed on the equipment during use.