The Y Membership Terms & Conditions

We want to keep you and your family safe and having a great time in our centres, so we have a few terms and conditions. They’re not hard but they are important – read on to make sure you’re on board with everything.

YMCA North Incorporated is the legal name of The Y.

Child safeguarding is a fundamental part of our culture here at the Y. We have demonstrated this commitment by becoming New Zealand’s first accredited Safeguarding Children organisation through the internationally renowned Australian Childhood Foundation (ACF). We expect all of our visitors to follow our guidelines for appropriate behaviour when in our centres – further information can be found in your local centre or by clicking here.

Some Y programmes, outside of those requiring specific sector ratio requirements, may on limited occasions require staff working to a single staff model an/or a 1-to-1 basis with groups of children/young people and/or a child/young person. All staff are recruited under Safer Recruitment processes, undertake the YMCA North mandatory Safeguarding Training and staff operating to this single model will also have this practice as a recognised element of their Position Description.

More information and our safeguarding and child protection documents are found here..

Please read below for specific terms & conditions relating to your membership.

YMCA North Incorporated is the legal name of The Y.

Gym rules

• Respect your fellow club members and our equipment by keeping up your personal hygiene.
• Use a sweat towel when you work out.
• Wipe down equipment after use with the sanitiser and wipe towels provided.
• Wear workout clothing and remain appropriately clothed.
• Wear fully enclosed training shoes.
• Keep noise to a minimum and respect any classes taking place in the area.
• Leave your bags in the cubbyholes or lockers provided.
• Return your weights to the rack after use, and please try not to drop them.
• Don’t make or take mobile phone calls on the fitness floor.
• Keep to the time limits on cardio machines during busy periods.
• Have fun!

YMCA North Incorporated is the legal name of The Y.

Pool rules

• All children 10 years and younger must be actively supervised by a caregiver 17 years or over at all times. *Actively supervised means watching your children at all times and able to provide immediate help and at a close distance where you can see, hear and be heard by your child. Your child must be able to see you.
• Children 4 years and under must be accompanied in the pool and within arm’s reach of a caregiver aged 17 years or over at all times.
• Maximum adult to child ratios:
  - One adult to two under 5 year olds
  - One adult to four 5-10 year olds
  - One adult to one under 5 year old and three 5-10 year olds
• Appropriate swimwear is to be worn at all times. This includes togs, shorts (above knee) and rash tops – singlets, boxer shorts, bras or camisoles, t-shirts and denim shorts are not permitted.
• Running, jumping, bombing, diving, play fighting and pushing are prohibited in and around pool areas unless explicitly stated otherwise.
• No food or drink shall be consumed in the pools.
• Chewing gum is prohibited anywhere in the facility.
• For hygiene please shower before entering any pool.
• Any person with open sores, wounds or skin infections may be refused entry to, or asked to leave the pools for public hygiene reasons.
• All children who are three years old and under or anyone who has not been toilet trained must wear swimming nappies.
• Soap, hair products and cleansers must only be used in the designated shower areas.
• Any substances that may result in the pool becoming dis-coloured, rendered unpleasant, turbid or unfit for proper use are prohibited.
• Sauna/steam/spa pool entry is for those 17 years and over
• Water or any other liquid is not to be dispersed by customers around the sauna or on sauna stones or elements. Paper plates, cups and plastic cutlery only around the pool areas; glassware is prohibited in or around pool areas.

YMCA North Incorporated is the legal name of The Y.

Sauna and Spa pools

• Do not use if you are pregnant, have a serious illness, heart condition, high or low blood pressure, a respiratory condition or any other medical condition which may affect your reaction to heat.
• Exit immediately if you are uncomfortable, dizzy or sleepy and seek the assistance of staff
• All users must be 17 years and older
• Take a break after 15 minutes
• Remember to drink plenty of water
• Shower and towel dry before and after use
• A towel or mat must be used to sit on
• Please do not pour water on the sauna rocks
• Oils or lotions are not to be used
• No spitting

YMCA North Incorporated is the legal name of The Y.

Fitness & Pool Membership

1. Parties to the agreement contract

This contract is between the member ("customer")and YMCA North Incorporated. (''YMCA"). YMCA North Incorporated is the legal name of The Y

2. Definitions

Continuous Agreements mean agreements paid via weekly or monthly direct debit and which have no fixed term period of renewal. Therefore, they will continue indefinitely until terminated by the customer or The Y.

Minimum Obligation Agreements means agreements that have a minimum term commitment to maintain payments, post this minimum term the agreement will continue indefinitely until terminated by the customer or The Y.

Fixed Term Agreements means agreements that have a fixed term.

Cycle Fees mean an agreed fee paid in advance via monthly or weekly direct debit.

PIF means paid in full or paid to confirm a place on course, made at the time of confirmation

3. Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.

4. Customer agrees to:

• Comply with all Club rules (which are available online at www.ymcanorth.org.nz/terms/or available to view in Club). The spirit of all The Y's facilities is to provide an all-inclusive community environment to reach the customer’s potential. Customers agree to be respectful of this and enjoy themselves. If a customer breaches any of The Y rules and/or acts in a manner that is contrary to the spirit of The Y, The Y may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.
• Be responsible for The Y member tags, which are to be swiped on entry to all Clubs. If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. The Y reserves the right to disallow access if a customer uses any The Y facilities without their Y Membership tag.
• Allow The Y to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.
• Allow The Y to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. The Y will endeavour to reduce variations to agreed services and facilities available.

5. Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

6. Direct Debits

Direct debits may be administered by The Y or by a third party appointed by The Y. The Y will provide the customer with the appropriate direct Debit Authority Form to complete when they sign up to be a member. The direct debit facility will be used for payment of all fees and amounts owed by the customer as they become due in relation to this Agreement.

The customer is required to submit and complete the direct debit information accurately and any associated forms before the commencement date of the customer’s membership. The customer can opt to print and sign the direct forms and present them at the site; the customer must do this if the bank account needs a joint signatory. If the customer selects this option, the bank mandate must be presented to the club before the commencement date of the customer's membership. The initial payment will consist of the cycle fee, sign-up fee (as indicated in the Agreement and a prorate cycle fee based on a calculated daily amount from the agreed cycle fee to pay for the period from the date of sign up to the date of first direct debit. Direct debits will be deducted from the customer's nominated account every Thursday for weekly fee payments and on the 20th of each month for monthly fee payments. If a direct debit cannot be processed(e.g. because of insufficient funds or changes to the customer’s bank account), The Y or its agent, may charge an administration fee of $20. Any other charges incurred due to insufficient funds will be the responsibility of the customer. If a direct debit cannot be processed for two successive payment dates, The Y may terminate the customer’s membership by providing him/her with written notice of termination. After one missed payment, The Y may suspend the customer’s membership until a payment plan is in place. Tore-join as a member or end any suspension due to non-payment of fees, the customer must pay all amounts owing, plus any applicable joining or administration fees.

7. Changes in Membership Fees

Outside of any minimum term obligation agreed to by the customer, The Y may increase membership fees at any time giving 30 days’ notice.

Fixed Term Agreements fees are fixed for the term of that agreement only and may increase upon renewal.

Where there have been material variations to services, times and/or facilities at the customer's home Club, The Y may reduce the fees at its discretion in line with the extent and length of disruption.

8. Freezing of membership

Customers are entitled to apply to their home Club to freeze their membership for a maximum of four months (4) in any one (1) calendar year. A customer may apply to freeze their membership due to medical, travel or personal reasons for a minimum period of one (1) month up to a maximum of four(4) month at one time. Written notice or completion of The Y membership suspension form, including a reactivation date in each case, must be provided at least one (1) week prior to the freeze being activated. in order for The Y to process the freeze. Freezes can take up to 5 business days to process and the customer agrees direct debits will not be stopped within this period. The Y will endeavour to process requests immediately. Customers will not have access to any bookings or facilities that form part of the Agreement while the freeze is in place

9. Termination

If a customer wishes to terminate their Continuous Agreement or their No Obligation Agreement, they must give ten (10) days’ notice.

If a customer has an agreed Fixed Term Agreement or Minimum Obligation Agreement and wishes to terminate their membership within the fixed term or minimum obligation period, the customer must pay a cancellation fee of $150 or 25% of the remaining contract value, whichever is the lesser of the two(2) amounts. This excludes up-front payments made for a specific booking or service provided by the The Y where the termination clauses within the Booking T&Cs apply. The customer agrees to adhere to these clauses as part of this agreement.

Termination of membership is to be made by the customer via written notice to a Y centre. Customers will have access to facilities during the termination notice period, up to the final day customer has paid for, and this will be stipulated on the The Y confirmation of termination. All deposits or Cycle Fee payments processed up to and during the termination notice period are non-refundable. The Y may terminate the customer’s membership immediately at its discretion if the customer fails to comply with these terms and conditions and/or any YMCA North policies (which may vary from time to time) and/or on-site Club notification boards and notices and does not remedy such failure after being given one weeks’ notice in writing to do so. If the breach is one that cannot be remedied, The Y may terminate immediately. Early termination by The Y does not reduce the amounts owed by the customers asper above clauses. In the event that The Y terminates a Fixed Term Agreement, the customer will be refunded a pro-rate amount of the remaining value of the agreement less any fees owed to The Y.

10. Overdue payments

If a balance is outstanding for more than four (4) weeks The Y may notify any credit reporting or referencing agency of the default, and may pass the customer’s debt for collection to a third party agency.

11. Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify The Y if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities. The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at The Y facilities. These requirements also apply to COVID-19 symptoms and vaccination requirements. The Y agrees to maintain the facilities and equipment and will not be negligent or willfully default on this area. The Y reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, that The Y considers dangerous, offensive, or in breach of any health and safety requirement.

12. Liability and indemnity

The Y shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the The Y facilities. The customer shall be responsible for taking care of his or her own property and The Y shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that The Y is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period. The customer shall be responsible for any malicious damage they cause to the equipment of The Y facilities.

13. Privacy Policy

The Y needs to collect personal information about our customers to be able to offer the best possible service experience. The Y will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. YMCA may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that YMCA offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

The Y manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that The Y ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s)

YMCA North Incorporated is the legal name of The Y.

Private Lesson

1. Booking process

All private lessons are enrolled by The Y staff; to ensure each customer is placed with appropriate instructors at a suitable time.

Lessons are not booked until payment in full has been received. A confirmation email will be sent once the session is confirmed as booked.

If more than 10 lessons are booked in advance, a direct debit mandate can be agreed if you are an existing Club Member, please refer to the private lesson agreement available on request

Instructors and time are on a first-come, first-served basis.

Lessons can be booked up to three (3) months in advance.

2. Changing pre-booked sessions

The first transfer of time slot request: The customer may contact The Y to change the Private session time up to 24 hours prior to the session. The Y will endeavour to accommodate customers and will not charge.

Customers can change Private Session time slots for no extra charge once every six (6) months.

4. Refund and Cancellations

All sessions require a ten (10) day notice period for cancellation.

All sessions cancelled with ten (10) days notice will be refunded in full.

Sessions cancelled with less than ten (10) days notice will not be refunded.

No Shows will be charged the full session amount.

5. Attending a lesson

Swipe your membership tag upon entering the facility

Your session will start on time. Please ensure you are incorrect attire and ready for your session at the scheduled time, as the class will be on schedule.

Changing rooms are provided onsite. Please ensure all personal belongings are not left in the changing rooms. The Y takes no responsibility for lost or damaged personal property.

6. Swim Attire - Code of Conduct includes:

• Swimming togs, Swimming trunks and bodysuits specifically designed for swimming in (excludes wet suits).
• Swim hats and goggles may also be worn at customer discretion.
• Babies are required to wear swim nappies at all times, while in the pool.

7. Fitness Attire - Code of Conduct includes:

It is expected that all customers;

• Carry a towel while training
• Use the cleaning spray and towel provided to clean equipment and mats after use
• Share equipment in the spirit of the The Y community
• Wear appropriate training clothing that covers the torso. Shorts and leggings must always be worn.

8. Guardian requirements

• The Y recommends that an adult acting as the child's guardian is present during all course sessions, as The Y does not take on guardianship duties before/after or during the session
• For babies attending swim school, the onsite adult will be required to be in the pool during the session

9. Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with the terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.

10. Customer agrees to:

Comply with all Club rules (which are available online at www.ymcanorth.org.nz/terms/ or available to view in Club). The spirit of all The Y facilities is to provide an all-inclusive community environment to reach the customer’s potential. Customers agree to be respectful of this and enjoy themselves. If a customer breaches any of The Y rules and/or acts in a manner that is contrary to the spirit of The Y , The Y may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.

Be responsible for The Y member tags, which are to be swiped on entry to all Clubs. If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. The Y reserves the right to disallow access if a customer uses any The Y facilities without their Y Membership tag.

Allow The Y to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.

Allow The Y to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. The Y will endeavour to reduce variations to agreed services and facilities available.

11. Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

12. Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify The Y if the customer has any risk of injury, illness, disability or other condition that means that the customer should not be using the facilities. The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at The Y facilities. The Y agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. The Y reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, that The Y considers dangerous, offensive, or in breach of any health and safety requirement.

13. Liability and indemnity

The Y shall not be liable for any injury, loss, or damage or physical injury arising out of a customer’s use of the The Y facilities. The customer shall be responsible for taking care of his or her own property and The Y shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that The Y is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12-month period. The customer shall be responsible for any malicious damage they cause to the equipment of The Y facilities.

14. Privacy Policy

The Y needs to collect personal information about our customers to be able to offer the best possible service experience. The Y will use your personal information in the context of providing our service delivery for of booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. The Y may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that The Y offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

The Y manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that The Y ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.

YMCA North Incorporated is the legal name of The Y.

Swim School

1. Parties to the purchase

This contract is between the name on the application(“customer”) and The Young Men’s Christian Association of Auckland Inc. (“YMCA North”)

2. Booking process

All courses will be enrolled by The Y staff to ensure each child is placed in sessions that enable an active learning environment that is appropriate to the skill level of your child

New customers may be asked to come to the Centre and take an assessment prior to placement on a scheduled course

An assessment does not automatically mean enrolment has been completed

Once your registration has been reviewed a confirmation of enrolment with the scheduled day and time will be emailed, confirmation can be made online or on-site

If no Direct Debit mandate has been agreed upon, then payment must be made in full to confirm your space on the course.

Your booking will be automatically rolled over each term to ensure your child is able to continue to access the courses, you will need to advise the swim school office prior to the end of your current booking if you do not wish to keep your space the following term.

Courses do not operate during public holidays, if your scheduled day lands on a public holiday no additional class will be added during the term.

3. Refund and cancellations

Direct Debit payments are governed by the terms and conditions within the Agreement

For enrolments which are Paid in Full:

• Cancellations prior to the start of the term will be given a refund, less the $15 administration fee upon submission of the cancellation form
• Cancellations from the start week of the course, will not be offered a refund, unless exceptional circumstances relating to personal, medical circumstances have occurred

Enrolments are non-refundable or transferable; The Y is not obligated to provide refunds on any unused classes.

No refunds are given for missed lessons

4. Make up sessions

The Y will provide one (1) make up lesson per student per term for sickness. The Y must be contacted in advance of the lesson starting via phone or email.

• Notification of absence received after a lesson will not be accepted
• Makeup sessions must take place during the current term or school holiday block if available and cannot be carried over to another term or customer.

In the event a lesson is cancelled by a Y Centre The Y will provide one (1) make-up lesson only. This must be used within four (4) weeks and is non-transferable to other students.

5. Attending a lesson

You must swipe your membership tag upon entering the facility

Your lesson will start on time. Please ensure you are in swim attire and ready for your lesson at the scheduled time, as the class will end on schedule

Changing rooms are provided onsite. Please ensure all personal belongings are not left in the changing rooms. The Y takes no responsibility for lost or damaged personal property.

6. Swim Attire includes

• Swimming togs, Swimming trunks and bodysuits, specifically designed for swimming (excludes wet suits)
• Swim hats and goggles may also be worn at customer discretion
• Children under the age of three (3) years old are required to wear swim nappies at all times, while in the pool.

7. Guardian requirements

• The Y recommends that an adult acting as the child's guardian is present during all course sessions, as The Y does not take on guardianship duties before/after or during the session
• For babies attending swim school, the onsite adult will be required to be in the pool during the session

8. Age Restrictions

Customers under the age of 16 must have their membership agreement submitted and approved by their legal guardian, who will be legally responsible to ensure they comply with the terms and conditions of the membership.

All customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.

9. Customer agrees to:

Comply with all Club rules (which are available online at www.ymcanorth.org.nz/terms/or available to view in Club). The spirit of all The Y’s facilities is to provide an all-inclusive community environment to reach the customer’s potential. Customers agree to be respectful of this and enjoy themselves. If a customer breaches any of The Y rules and/or acts in a manner that is contrary to the spirit of The Y , The Y may, at their discretion, terminate the membership of the customer in accordance with clause 9 below.

Be responsible for The Y member tags, which are to be swiped on entry to all Clubs. If the membership tag is lost, the customer will need to apply at reception on their next visit to get a new tag and an administration fee of $5 will be charged for the replacement. The Y reserves the right to disallow access if a customer uses any Y facilities without their Y Membership tag.

Allow The Y to hold a customer profile picture internally on its systems as part of its safeguarding of vulnerable people policies and for ensuring a safe environment for all of the customers within their facilities.

Allow The Y to contact customers for operational advice on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions, which limit customer use of facilities. The Y will endeavour to reduce variations to agreed services and facilities available.

10. Payment of Fees

The customer must pay all fees and charges plus GST as applicable, for the term of their membership. Interest may be charged on all overdue fees and amounts at the rate of 5% per annum.

11. Direct Debits

Direct debits may be administered by The Y or by a third party appointed by The Y . The Y will provide the customer with the appropriate direct Debit Authority Form to complete when they sign up to be a member. The direct debit facility will be used for payment of all fees and amounts owed by the customer as they become due in relation to this Agreement.

The customer is required to submit and complete the direct debit information accurately and any associated forms before the commencement date of the customer’s membership. The customer can opt to print and sign the direct forms and present them at site; the customer must do this if the bank account needs a joint signatory. If the customer selects this option, the bank mandate must be presented to the club before the commencement date of the customer's membership. The initial payment will consist of the cycle fee, the sign-up fee (as indicated in the Agreement and a prorate cycle fee based on a calculated daily amount from the agreed cycle fee to pay for the period from the date of sign up to the date of first direct debit. Direct debits will be deducted from the customer's nominated account every Thursday for weekly fee payments and on the20th of each month for monthly fee payments. If a direct debit cannot be processed (e.g. because of insufficient funds or changes to the customer’s bank account), YMCA or its agent, may charge an administration fee of $20. Any other charges incurred due to insufficient funds will be the responsibility of the customer. If a direct debit cannot be processed for two successive payment dates, The Y may terminate the customer’s membership by providing him/her with written notice of termination. After one missed payment, The Y may suspend the customer’s membership until a payment plan is in place. Tore-join as a member or end any suspension due to non-payment of fees, the customer must pay all amounts owing, plus any applicable joining or administration fees.

12. Changes in Membership Fees

Outside of any minimum term obligation agreed to by the customer, The Y may increase membership fees at any time giving 30 days’ notice.

Fixed Term Agreements fees are fixed for the term of that agreement only and may increase upon renewal.

Where there have been a material variation to services, times and/or facilities at the customer's home Club, The Y may reduce the fees at its discretion in line with the extent and length of the disruption.

13. Freezing of membership

Customers are entitled to apply to their home Club to freeze their membership for a maximum of four months (4) in any one (1) calendar year. A customer may apply to freeze their membership due to medical, travel or personal reasons for a minimum period of one (1) month up to a maximum of four(4) months at one time. Written notice or completion of The Y's membership suspension form, including a reactivation date in each case, must be provided at least one (1) week prior to the freeze being activated. in order for The Y to process the freeze. Freezes can take up to 5 business days to process and the customer agrees direct debits will not be stopped within this period. The Y will endeavour to process requests immediately. Customers will not have access to any bookings or facilities that form part of the Agreement while the freeze is in place

14. Termination

If a customer wishes to terminate their Continuous Agree mentor their No Obligation Agreement, they must give ten (10) days’ notice.

If a customer has an agreed Fixed Term Agreement or Minimum Obligation Agreement, and wishes to terminate their membership within the fixed term or minimum obligation period, the customer must pay a cancellation fee of$150 or 25% of the remaining contract value, whichever is the lesser of the two(2) amounts. This excludes up-front payments made for a specific booking or service provided by The Y where the termination clauses within the Booking T&C’s apply. The customer agrees to adhere to these clauses as part of this agreement.

Termination of membership is to be made by the customer via written notice to a Y Club. Customers will have access to facilities during termination notice period, up to the final day customer has paid for, and this will be stipulated on The Y's confirmation of termination. All deposits or Cycle Fee payments processed up to and during termination notice period are non-refundable. The Y may terminate the customer’s membership immediately at its discretion, if the customer fails to comply with these terms and conditions and/or any The Y policies (which may vary from time to time) and/or on-site Club notification boards and notices and does not remedy such failure after being given one weeks’ notice in writing to do so. If the breach is one that cannot be remedied, The Y may terminate immediately .Early termination by The Y does not reduce the amounts owed by the customers as per above clauses. In the event that The Y terminates a Fixed Term Agreement, the customer will be refunded a pro-rate amount of the remaining value of the agreement less any fees owed to The Y.

15. Overdue payments

If a balance is outstanding for more than four (4) weeks The Y may notify any credit reporting or referencing agency of the default, and may pass the customer’s debt for collection to a third party agency.

16. Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify YMCA if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities. The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at the The Y facilities. The Y agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. The Y reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which The Y considers dangerous, offensive, or in breach of any health and safety requirement.

17. Liability and indemnity

YMCA shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of the The Y facilities. The customer shall be responsible for taking care of his or her own property and The Y shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that The Y is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12-month period. The customer shall be responsible for any malicious damage they cause to equipment of The Y facilities.

18. Privacy Policy

The Y needs to collect personal information about our customers to be able to offer the best possible service experience. The Y will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. The Y may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that The Y offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

The Y manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that The Y ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.

YMCA North Incorporated is the legal name of The Y.

Venue Hire

1. Parties to the purchase

This contract is between the name on application(“customer”) and The Young Men’s Christian Association of Auckland Inc. (“YMCA North”) - known as 'The

2. Definitions

Application form means the completed and signed Application for Hire form overleaf;

Deposit means the sum payable in accordance with clause 3 (3), or if no deposit is payable, the hiring charge;

Facilities means the part of the The Y Centre fixtures, fittings, equipment and services specified above;

Hirer means the person or association referred to on the application for hire form and includes a number of members or any invitee thereof;

Hiring charge means the sum payable in accordance with clause 3(2);

Hiring period means the period or periods specified on the application form;

Hiring purpose means the purpose specified on the application form;

Centre Manager means and includes an assistant or acting Centre Manager and any duly authorised or designated officers of The Y ;

Dangerous goods as defined by the New Zealand Code for the Transport of Dangerous Goods by Road or Rail and/or as defined by the Hazardous Substances and New Organisms Act1996.

3. Agreement for Hire

1) Subject to the payment of the monies by the Hirer to The Y as specified in these conditions.

2) These conditions and the Application Form are the entire agreement between the parties.

3) This agreement is not binding on The Y until the Application Form has been signed by the Centre Manager and the deposit has been paid.

4. Hiring Charges

Setting of Charge:

• If the Hiring Charge is described in the confirmation letter as” fixed”, the amount is the Hiring Charge payable.
• If the Hiring Charge is described in the confirmation letter as “indicative”, the amount shown is the minimum Hiring Charge and may be varied by The Y . The Hiring Charge payable will be the total of the minimum Hiring Charge and the additional amount.

Payment of Charge:

The Hiring Charge is to be paid in full to The Y at least 28 days before the start of the Hiring Period or such other period as required before the Hiring Period, or, if the Application Form is submitted later than28 days before any Hiring Period, at the time of submission.

Bond:

At the Centre Managers' discretion a bond may be required. Bonds relate to cleaning, staff, equipment and the setting up and dismantling of equipment and are estimates based on information provided by the Hirer. If those costs are exceeded, the Hirer is liable to pay the amount of excess to The Y on demand.

If the bond is less than the excess the Hirer will pay the difference on demand. If the bond is more than the excess The Y may apply the balance to meet any liability of the Hirer under Clause 7, but otherwise will refund it.

If the Hirer does not pay the hiring charge, deposit or bond as soon as it becomes due, the Hirer may be deemed to have cancelled the hiring under Clause 5, and shall be liable for any costs or losses incurred or revenue forgone as a result of the failure to comply with the condition.

The Y will not be liable for any loss arising from such cancellations.

5. Cancellation by Hirer

The Hirer may cancel the Hiring by giving the Centre Manager a notice in writing of their intention to cancel the Hiring.

1. If, at least 28 days before the Hiring Period or such other period as may be required, the Hirer cancels the Hiring The Y will refund the amount paid after deducting any expenses incurred by The Y incidental to the Hiring
2. If the Hirer cancels the hiring less than the required period of 28 days before the hiring period The Y may retain the deposit and the Hirer will be liable for any losses sustained by The Y arising from the cancellation, whether direct or indirect and including loss of revenue arising from short notice.
3. If the Hirer cancels the hiring less than 7 days before the hiring period, The Y may retain the entire cost of the booking and the Hirer will be liable for any losses sustained by The Y arising from the cancellation, whether direct or indirect and including loss of revenue arising from short notice.

6. Cancellation by the Manager

The Centre Manager may cancel the hiring if in their reasonable opinion:

1. The Facilities will be unfit for use during the hiring period,
2. The Facilities may be unduly damaged by use for the hiring purpose, or
3. The Hirer has failed to comply with these Conditions of Hire.

For any other reason that deters from safe and suitable hire practices deemed by The Y

Where the Centre Manager cancels the Hiring, the deposit will be repaid to the Hirer, except where cancellation is due to the Hirer’s non-compliance with Condition 6 (1) (c).

The YMCA will not be liable for any loss or damage arising out of cancellation of the hiring by the Centre Manager.

7. Damage to the Facility

The Hirer agrees to pay The Y on demand the cost of repairing or making good any damage to the facility or the loss of any equipment arising out of or incidental to the hiring other than the damage caused by events which The Y agrees are outside the control of the Hirer.

The Hirer agrees and acknowledges that smoking, incense or ceremonial fires and smoke machines is strictly prohibited in this building. The Hirer agrees that any unwanted alarm activations due to the above or burnt food from cooking will be paid in full by the Hirer – this fee is approximately $1300 + GST.

8. Exclusion of Liability

To the fullest extent permitted by law, The Y will not be liable for:

• Any loss or damage caused directly or indirectly by any fault or failure of electricity supply, lighting, heating, electronic equipment or public address systems; or
• Any loss or injury to any person or their property as a result of accepting the Hirer’s bookings no matter how it arises.
• The parties agree that in the event that the hire of the Facilities constitutes a supply of services of a kind ordinarily acquired for personal use, the Hirer warrants that the hire of the facilities is for Business Purposes (as defined by the Consumer Guarantees Act 1993) and that the Consumer Guarantees Act 1993 does not apply to this agreement.

9. Indemnity

The Hirer will indemnify and keep indemnified The Y and its employees, officers and agents against all actions, proceedings, claims and demands which may be brought or made against them, by any person in respect of loss, damage or injury arising out of or in connection with, whether directly or indirectly, the hiring of the Facilities by the Hirer and against all costs, damages and expenses which may be incurred by The Y or its officers, employees or agents in defending or settling those actions, proceedings, claims or demands provided however that this indemnity shall not extend to a deliberate or wilful omission of The Y or its employees, officers and agents, The Y's liability shall be subject and limited to the provisions of clause 8.

10. Admission and Removal of Person

The Centre Manager may at any time, in his/her absolute discretion:

• Refuse admission of any person to facility;
• Direct any person or persons to leave facility;
• And shall not be liable for any loss or damage resulting from such action.

The Centre Manager may at any time in his/her absolute discretion; close the Facilities for the purpose of ensuring the safety of those present.

11. The Y - Hirers checklist

The Y Equipment

• Tables and chairs must not be put hard up against the walls, but can be laid up against the carpeted walls.

Safety Management

• The Hirer must check in at reception on arrival to notify us, how many people will be attending your meeting/gathering.

Setting up

• The Hirer is responsible for their own setup. Set up and pack down must be done during hire time. If hirer collects tables and chairs from the storage, these must be returned as found, after the meeting or gathering. All tables and chairs stacked away neatly –any extra time staff incurs to do this may be charged to the hirer.

Decorations

• No decorations and scenery etc,. may be attached to or hung from the walls, ceilings, floors, curtains or any part of the Centre without prior approval from the Manager. Appropriate attachment methods and areas of attachment will be discussed at time of approval. The use of confetti and staples are strictly prohibited.

Food and drinks

• Rooms are to be left clean and tidy, all food must be disposed of. Outside catering and equipment must be cleared before the end of the hire
• Any spillage of food or drink must be immediately cleaned. No Food or Drink allowed on Stadium Floor
• Hirers will not use any form of cooking device other than supplied by the centre. This includes but not exclusive to gas barbeques, hotplates, spits, gas burners.
• Hirers are responsible for leaving the kitchen clean. This includes washing and packing away of any crockery used from the centre supply.

Alcohol & Smoking

• Hirers will not bring any form of alcohol on to the grounds

End of hire

• All windows and doors must be secure when leaving and heaters turned off.
• Hirers are to supply their own crockery where possible.
• Hirers are to supply their own tea, coffee, sugar, dishwashing detergent and other supplies. The hirer will remove all forms of rubbish and dispose in the designated bins. This includes but not exclusive to waste food, toxic materials, decorations and hair cuttings.
• Hirers will NOT dispose of any waste food or toxic materials in drains, sinks or toilets.

Sound and noise

• Amplifiers and loudspeaker systems must be kept to a moderate level and no later than 10:00pm on Sundays nor later than 12:00 midnight on Saturdays and weeknights. Failure to comply with this condition may result in early closure of the function and forfeit of bond. Action taken from the Noise Control Office will result in a deduction from the bond.

Lost property

• Any items of property left at The Y are done so at the hirers own risk. The Y will not be responsible for any items lost or broken and reserve the right to dispose of left items at their own discretion after seven (7) days of being left without requirement to compensate cost.

12. Safety on site

The customer agrees to answer all health and medical questions fully, accurately and specifically to notify The Y if the customer has any risk injury, illness, disability or other condition that means that the customer should not be using the facilities. The customer also agrees not to use the facilities if the customer suffers from any injury, illness, disability or other condition, which might cause additional injury, exacerbate the customer’s condition, or pose a health risk to staff or others at The Y facilities. The Y agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. The Y reserves the right to require a customer to leave the premises immediately if he or she carries out any activity, which The Y considers dangerous, offensive, or in breach of any health and safety requirement.

13. Liability and indemnity

The Y shall not be liable for any injury, loss, damage or physical injury arising out of a customer’s use of The Y facilities. The customer shall be responsible for taking care of his or her own property and The Y shall not be liable for any loss or damage to a customer’s property. Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. To the extent that The Y is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12-month period. The customer shall be responsible for any malicious damage they cause to equipment of The Y facilities.

14. Privacy Policy

The Y needs to collect personal information about our customers to be able to offer the best possible service experience. The Y will use your personal information in the context of providing our service delivery for your booking or Agreement. We will use all reasonable measures to maintain adequate security to protect your personal information that we hold from any unauthorised access or use. The Y may contact you with information regarding our delivery of services to you. With your permission, we may contact you with marketing information about other services that The Y offers. You may change your contact preferences at any time by notifying us. We will not share your personal information with any third party that is not part of the service delivery without your permission.

The Y manages the following facilities on behalf of Auckland Council as the facility owner; Lagoon Leisure and Fitness, Lagoon Stadium, Onehunga War Memorial Pool, Mt Albert Recreation and Community Centre, Massey Leisure Centre, Lynfield Recreation Centre, Jordan Recreation Centre, Cameron Pool, Ellerslie Recreation Centre, Glen Innes Pool

For customers whose home Club is owned by Auckland Council, your personal information may be shared with Auckland Council and their appointed third party(s) for the purpose of conducting customer feedback surveys. In the event that The Y ceases to operate an Auckland Council facility, your personal information may be passed on to Auckland Council or their appointed third party(s) for the purpose of continuing the service delivery.

YMCA North Incorporated is the legal name of The Y.

Kids Birthday Party

Parental/caregiver supervision is required at all times during the party while on The Y premises. Hirers are responsible for ensuring that the kitchen and party room are clean after use and any damage is reported to reception. No decorations to be attached to painted walls. Hirers are liable for fees up to $150 for damage or cleaning charges. The Y accepts no responsibility for any loss or damage of possessions incurred while on The Y premises. No transfers are applicable or refunds issued for cancellation within 14 working days of the party date.

Cancellations prior to 14 working days will incur a $15 administration fee. Bookings are only confirmed once full payment has been received.

Additional charges apply for party groups over 20 children. Full payment must be received 2 weeks before the party date. If full payment is not received, your party booking may be cancelled.

YMCA North Incorporated is the legal name of The Y.

Kids Recreation Programmes

Here at The Y we are all about Strong Kids, Strong Families and Strong Communities, therefore we take the rights, safety and wellbeing of all the children in our care seriously, providing a fun, educational and caring environment that children love to be a part of. The Y delivers all services in accordance with our values of Caring, Respect, Responsibility and Honesty.

To help us deliver the services in this way, we ask that you please take a moment to read the following terms and conditions carefully:

Safeguarding

YMCA North is proudly New Zealand’s first Safeguarding Accredited organisation. The Australian Childhood Foundation (ACF) has accredited our safeguarding culture including our safeguarding policies and ways of working.

- Some Y programmes, outside of those requiring sector ratio requirements, may on limited occasions require staff working to a single staff model with groups of children. All staff are recruited under Safer Recruitment processes, undertake YMCA mandatory Safeguarding Training and staff operating to this model will also have this practice as a recognised element of their Position Description.

- For more information about Safeguarding visit here.

Payment of Fees

- By enrolling in a Kids Recreation Programme you accept that you are responsible for all fees payable to The Y in respect to the child in your care.

- Fees are payable at time of booking to secure your place in our programmes.

- Kid's Recreation Programmes do not operate during public holidays, if your scheduled day lands on a public holiday no additional class will be added during the term.

General Information

- Our Kids Recreation Programmes last the duration of the school term which on average is 10 weeks but maybe longer or shorter depending on specific term.

- If your child has additional needs, please visit the centre to discuss whether this programme is right for them. While we are an inclusive programme we do not have the facilities to provide one on one care. Likewise if a child is unwell they should stay home rather than come to us.

- Where medical conditions or dietary intolerances have been medically diagnosed please ensure that medical information is completed and accompanied with the relevant treatment plan from the medical practitioner. You agree to answer all health and medical questions fully, accurately and specifically to notify YMCA if your child has any injury, illness, disability or other condition that means that they should not be using the facilities.

- Please ensure any changes to your contact details or information about your child is updated through the Parent Portal – it is important that communication is regular and up to date, and it is your responsibility to clearly inform us of any potential issues.

- Each day your child attends one of our centres, you are deemed to have repeated the information you provided in your Aimy Plus application and in the Parent Portal, and you warrant that it is up to date and remains correct.

- Clothing that covers the torso as well as shorts/leggings must always be worn.

- We take due care with children’s belongings but accept no responsibility for lost or misplaced items. Please name your children’s belongings so any items left behind may be returned. All lost property will be held for 2 weeks after the programme before being donated to charity.

- Please note that The Y reserves the right to change scheduled activities without notice where circumstances beyond our control prevent them from being delivered.

Refund and Cancellations

- If there are 2 continuous weeks of non-attendance for your scheduled lesson without notification to and confirmation from the Centre, The Y has the right to offer your space to another Customer and cancel your space on the course, no refund will be provided, and you will be notified via email if this has occurred.

- For enrolment cancellations within 2 weeks prior to start of term; will be given a refund, less an administration fee, upon completion of cancellation form.

- Cancellations after the commencement of the course, will not be offered a refund. At The Y's sole discretion, a refund may be offered in the event of exceptional circumstances.

Attending a lesson

- Your lesson will start on time, please ensure you are in exercise attire and ready for your lesson at the scheduled time, as the class will end on schedule.

- Changing rooms are provided onsite, please ensure all personal belongings are not left in the changing rooms, as noted above we take no responsibility for lost or damaged personal property.

Make up sessions

- The YMCA will provide 1 make up lesson per student per term for sickness. The Y must be contacted in advance of the lesson starting via phone or email.

• Notification of absence received after a lesson will not be accepted.
• A medical certificate may be required.
• Make-up sessions must take place during the current term and cannot be carried over to another term or customer.

- In the event a lesson is cancelled by The Y, we will provide 1 make-up lesson only. This must be used within 4 weeks and is non-transferable to other students.

Guardian requirements

- The Y recommends an adult acting as the child's guardian attends all course sessions, as The Y does not take on guardianship duties before/after or during the session. For those children who are attending a kid’s recreation programme, whilst also attending an OSCAR programme, this does not apply.

- All children attending courses up to and including the age of 13 should be accompanied by an adult acting as the child's guardian, who remains in the centre during the scheduled course time.

- For pre-schoolers attending courses the onsite adult maybe required to be a part of the session and should be dressed appropriately.

Age Restrictions

- Customers under the age of 16 must have their application submitted and approved by their legal guardian who will be legally responsible to ensure they comply with these terms and conditions.

Child Protection

- YMCA North has a suite of accredited child protection policies and procedures. All are available via our website and in hard copies within our Centres.

- Should YMCA North have any concerns, receive any disclosures relating to the wellbeing or safety of any child/young person (or associated community member), YMCA are required to share this information, along with any known child data to child protection services. This may include Oranga Tamariki (formerly known as Child, Youth and Family) and/or NZ Police.

- YMCA North aims to be open and honest with parents/carers around any concerns and offer support where possible. However, YMCA North are not able inform parents/carers of our reporting concerns, if to do so could:

• Risk placing the child at increased risk of harm.
• Pose any risk to any possible investigations; and/or
• Following the advice of or request from child protection services not to.

Terms and Conditions for Photo Tag

- Aimy Plus provides the YMCA North with the ability to take photos and upload them to your parent portal. Images taken will only be used on the Aimy Plus Parent Portal and will not be used in our printed and online publicity. By accepting these terms and conditions, you agree to allow us to upload photos and tag your child. Without permission photos will not be taken.

Parents and Guardians

- Parents and guardians should ensure that all those within their care comply with all facilities rules available to view in facilities. The spirit of all The Y’s facilities is to provide an all-inclusive community environment to allow all to reach their potential. You or a child within your care agree to be respectful of this, and enjoy themselves. If you or a child within your care breaches any of the The Y rules and/or acts in a manner that is contrary to the spirit of The Y, The Y may, at their discretion, ask you to leave, and/or cancel their contract.

- Allow The Y to contact you on variations to services and times facilities will be available. These do occur from time to time, due to either planned maintenance and improvements or external environmental conditions which limit customer use of facilities. YMCA will endeavour to reduce variations to agreed services and facilities available.

Outstanding Debts

- You are ultimately responsible for all fees payable.

- Your child’s access to our programmes may be withdrawn if your account is not kept up to date. We will contact you via the email you provided during the sign up process.

- Overdue amounts may be referred to a debt collection agency. Any expenses, disbursements and legal costs incurred by The Y in the enforcement of any rights contained in this contract shall be paid by the parent/caregiver, including any solicitor’s fees and/or debt collection agency fees.

Behaviour Management

- The Y has detailed and well-structured behaviour management strategies and processes in place, reflecting our safeguarding code of conduct and requirements. These are available to view in centre.

- Should any behaviour displayed present a considerable immediate and/or significant risk to the child, other children, staff and/or property, The Y may request immediate collection of the child and review ongoing placement within the YMCA service/programme.

Safety on site

- The Y agrees to maintain the facilities and equipment and will not be negligent or wilfully default on this area. The Y reserves the right to require a customer to leave the premises immediately if he or she carries out any activity which The Y considers to be dangerous, offensive or in breach of any health and safety requirement.

Questions/Concerns

- If you have questions/concerns please talk to our staff on site or at your local Y.

- We encourage feedback about any aspect of our programmes and services.

- The collection of information in the enrolment process is for the effective delivery of our services. Customers under the age of 18 may have their data shared with Oranga Tamariki and this data is managed in accordance with the Privacy Act 1993.

- Information collected through the website is maintained by Aimy Plus – please see their Privacy Policy. For information on YMCA’s privacy policy please click here.

Liability and indemnity

- To the extent permissible in law, The Y shall not be liable for any injury, loss or damage of any type, or physical injury arising from The Y programmes.

- To the extent that The Y is liable to the customer for any reason, its liability is limited to a maximum amount equal to the value of fees payable by the customer in any 12 month period.

- The customer shall be responsible for any malicious damage they cause to equipment of the facilities used in delivering The Y's programmes. - Nothing in these terms and conditions is intended to have the effect of limiting or reducing the customer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, to the extent they may apply.