MALC Terms & Conditions 

Conditions of Entry

Please note, MALC staff reserve the right at their discretion, to refuse entry or remove any person not respecting the Conditions of Entry and/or MALC staff.

  1. The MALC is a family friendly venue and any abusive, disruptive or threatening behaviour will not be tolerated.
  2. Anyone attempting to gain entry without paying, or without authorisation will be evicted and banned from the MALC.
  3. Children under 10 must be supervised at all times whilst in the Centre.
  4. Any persons under the influence of alcohol or drugs will not be permitted into the MALC, and no drugs or alcohol are to be brought into the MALC.
  5. Takeaway food purchased outside the MALC is not permitted (excluding homemade food).
  6. The MALC is a “Smoke Free” venue. The entire venue as well as outside areas and within 10 metres of entrances to the Centre are “Smoke Free” (this includes Vaping).
  7. Please familiarise yourself with the signs with warnings, rules and instructions placed around the MALC. You and any dependents under your care must comply with the warning, rules and instructions on the signs and follow any directions given to you by MALC staff.
  8. You must take reasonable care for your own safety and the safety of any dependents in your care. MALC staff will follow procedure in the event of any accident or incident. If this requires professional medical assistance or an ambulance to be called, you will be responsible for these associated costs.
  9. The MALC supports the WATCH AROUND WATER program and follows their guidelines:
        a Children under 10 years are not allowed entry unless under active supervision of a person 16 years or older.
        b Parents or guardians should actively supervise their children at all times.
        c A parent or guardian must accompany his/her children between 0–5 years in the water at all times, and must remain within arm’s reach of the child.
        d For children 6–10 years a parent or guardian should be close enough to make eye contact with the child and be constantly watching them.
  10. Clean and appropriate swimwear must be worn at all times while swimming (no street wear, t-shirts, shirts, jeans, underwear etc. allowed)
  11. Patrons attending fitness classes or facilities must be appropriately dressed in workout gear, have closed in exercise shoes, and use/have a sweat towel.
  12. Persons suffering from any skin problem, illness or disease that is contagious (exception, if you provide a medical certificate stating you are not at risk to other patrons) should not enter the facility.
  13. Persons who have diarrhoea, have had gastroenteritis within the last 14 days, or have a bleeding or oozing wound, are not to enter the water.
  14. Children under 3 and persons suffering incontinence and who ordinarily wear nappies must wear an aqua-nappy when in the waterbody.
  15. Management welcomes the capturing of your magic moments on cameras and video cameras, however, the privacy of others must be respected. The use of cameras and video cameras is conditional upon the following:
        a You must have all relevant individuals’ consent to take and use images
        b Under no circumstances are cameras, video cameras and mobile phones to be used in the change rooms.
  16. There are inherent risks that arise from the facilities, your use of the facilities, your participation in any program and your presence at the MALC. You enter the MALC at your own risk. To the extent permitted by law, the Shire of Murray and the MALC and any of its officers, employees and contractors accept no liability of whatever description for any property damage, loss, injury or death which may occur at the MALC. To the full extent permitted by law, you release and discharge us from all liabilities and claims arising out of your use of the MALC facilities.
  17. You are responsible for all your belongings that you bring into the MALC and, to the extent permitted by law, the Shire of Murray and the MALC accept no responsibility for any loss, damage or theft of belongings.
  18. For the purposes of patron and staff safety, MALC uses CCTV and alarm security surveillance systems. We reserve the right to use these images for security purposes related to the MALC, and as such, you may be monitored or captured on CCTV footage.
  19. We reserve the right to authorise MALC staff or other representatives, agents or contractors to take photographs and videos of patrons from time to time, including you or any minors in your care or under your supervision, for marketing or promotional purposes without prior notice to you, payment to you or express consent from you. By entering and using the facilities you are deemed to consent to such photos or video footage being taken, unless you inform our staff members otherwise.
  20. Only Centre staff or authorised groups are permitted to conduct programs & services within or around the Centre.
  21. Exclusive use of a service, or part of, by an individual, association or organisation is prohibited unless agreed to in writing by management.
  22. No pets or animals are permitted in the Centre, with the exception of assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).
  23. Skateboards, skates, rollerblades, scooters, bicycles, and similar equipment are not permitted within the facility, and must be stored on/at the bicycle rack.
  24. The MALC has an agreement with local schools that children who should normally be at school may not participate in activities in the Centre during school hours unless part of an education department program. The exclusions to this are home schooled students and students visiting from another region.
  25. Conditions of entry are subject to change without notice.

Membership Terms & Conditions

MALC Membership Terms & Conditions
1. Personal Details
1.1. You must provide the details noted on the Membership Application Form, and provide staff with photographic identification if requested.
1.2. Access to memberships/facilities maybe restricted time to time due to government requirements, therefore you agree to provide any details as requested/required by staff or you may be required to terminate your membership as prescribed within the cancellation process (i.e. this may include personal vaccination records).
1.3. You acknowledge that all members are required to have their photo taken at the Centre. This image will appear on the membership database for identification purposes.
1.4. Should your personal details change, it is the members’ responsibility to complete a new Member Change of Details Form or amend via the member online dashboard to ensure the Centre has the correct contact details for the member. The Centre will not be responsible for failing to communicate with a member if the member’s details are not up to date.
1.5. As part of your membership, we will contact you from time to time in regards to news, events, special promotions and information pertaining to the MALC. Your contact details WILL NOT be provided or sold to any third party under any circumstances.


2. Adult Pre-Screening form, medical clearance and induction requirements
2.1. Members are not be permitted to use fitness services including the gym and group fitness classes without completing an Adult Pre-Screening Form.
2.2. Members who answer yes to one of the risk factors may have their access restricted until they have discussed their personal medical situation with a gym instructor, and may require the member to obtain a medical clearance prior to being able to commence their membership.
2.3. MALC reserves the right to restrict, suspend or terminate the membership of a member if MALC is of the reasonable opinion that they are medically unfit to utilise the Centre or facilities/services within. If a membership is restricted or suspended for this reason, the membership will not be reinstated until the member provides MALC with a medical clearance confirming that you are fit to train.
2.4. Members will not be charged/lose membership time if you are not medically able to use your membership.
2.5. All members must satisfactorily complete a member induction with a MALC staff member prior to using the 24/7 gym (and obtaining their access fob).


3. Age Restrictions
3.1. Persons under 18 years of age must have a parent or guardian co-sign membership agreements.
3.2. The minimum age for a MY Lifestyle or MY Choice membership is 16 years, and 10 years for an Aquatic Swim membership (unsupervised).
3.3. To access the gym 24/7, members must be a minimum of 14 years of age and must attend with parent/guardian (See Clause 8.9 for additional Terms and Conditions).
3.4. Supervised MY Active Teen memberships are available for children 11 to 15 years of age and access to the gym is limited to hours as per the current advertised schedule.

4. Access and Facility Use
4.1. Members agree to abide by the Murray Aquatic & Leisure Centre (MALC) Code of Conduct and Conditions of entry at all times, and only utilise the services and facilities applicable to the membership type the member has joined with.
4.2. You acknowledge and agree that if you cause damage either through negligence or maliciously to the Centre or any equipment, you may be liable to the Shire of Murray for its cost of repair and/or replacement.
4.3. Upon your membership being approved, you will be given either a membership key tag, fob or wristband. You acknowledge that whichever item is provided it is required in order to gain entry to the Centre. You must not let anyone else into the Centre without the approval of Centre staff or let anyone else use your membership card, key, fob or wristband.
4.4. A fee will be charged for a replacement key tag, fob or wristband if yours is lost, stolen or damaged, or you wish to update it. Members that are renewing/upgrading their membership are required to retain their original membership card/key tag/fob.


5. Payments
5.1. You acknowledge and agree that, except as otherwise set out in this Agreement or as required by law, all Fees are non-refundable upon termination of this Agreement and your failure to use the Facilities and Services does not warrant a refund of any type.
5.2. You further acknowledge and agree that failure to use the Facilities and Services does not affect the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.
5.3. Members with Direct Debit payments arrangements agree to abide by the separate Direct Debit Terms and Conditions.


6. Direct Debit
6.1. General
6.1.1. A direct debit membership is an ongoing agreement with no minimum commitment term.
6.1.2. Direct debit payments are managed and debited on behalf of the MALC by a third-party billing agent, Global Payments Australia 1 Pty Ltd, ACN 601 396 543 APCA User ID Number 342190, 342191, 428198.
6.1.3. Fees will be debited fortnightly in advance from your nominated credit card or bank account until the membership is cancelled in accordance with these terms and conditions.
6.1.4. Membership deductions will occur fortnightly on the day of membership commencement.
6.1.5. The deducted amount may take up to five days to appear on your statement and will be listed as EZI*Shire of Murray Pinjarra AUS
6.1.6. If a Direct Debit arrangement is terminated in a manner not prescribed in this agreement, the member/customer will be liable for any outstanding fees due and any penalty fees to remedy the situation for breach of contract.
6.1.7. MALC may add, remove or alter fees charged, for which you will be notified in writing at least one month prior. Where the MALC has made reasonable effort to inform you of any changes, it’s implied that you authorise the MALC to alter any debits from your nominated bank account/credit card as applicable.


6.2. Payment Rejections/Defaults
6.2.1. It is the member’s responsibility to ensure cleared funds are available in the nominated bank account or credit card to meet the direct debit payment.
6.2.2. If a direct debit payment is returned unpaid by your financial institution, the member will be responsible for payment of debit and Debit Rejection fee via an alternate means (via the member online portal or in Centre).
6.2.3. The member will be notified via SMS and/or email if a direct debit payment is rejected/fails.
6.2.4. Rejected/failed payments remain due and payable with an additional administration fee applicable for costs incurred whilst processing the rejected/defaulted payment.
6.2.5. Access to the Centre will be restricted whilst a members account is in arrears (i.e. members will not be able to access the gym, pools, etc.)
6.2.6. If a member has outstanding fees and no acceptable agreement is reached with the Centre to remedy the payments, the arrangement will be terminated at the end of the next debit period and the customers details forwarded onto a collection agency for recovery of any outstanding fees due under the contract term. The customer will be liable to pay debt collection expenses and any Court costs incurred.
6.2.7. If a member is in financial hardship, an agreement may be negotiated with the Centre to remedy any outstanding fees.
6.2.8. No new membership or service agreements (i.e. swimming lessons) will be granted until all outstanding arrears have been cleared.


6.3. Change in Personal and/or Account Details
6.3.1. If a member’s direct debit account details change at any stage throughout the agreement, the member must complete a new Direct Debit Request Authorisation Form or update details online at Envibe (murray.wa.gov.au) at least 7 days prior to your next direct debit day in order to be processed in due time.
6.3.2. The member acknowledges and agrees that fees may be incurred as a result of returned/defaulted direct debit payments where updated details have not been provided, and that the customer/member is responsible for the payment of those additional fees.


7. Membership Agreements - Cancellations
7.1. This Membership Agreement can be voided within 7 days of joining by advising us in writing which can be given to us personally, by post or by email.
7.2. All monies will be refunded with the exception of charges for products or services already delivered (e.g. appraisal, time used pro-rata).
7.3. All terms and conditions of membership are binding after 7 days.
7.4. Requests to cancel a membership can be submitted in writing via a Membership Cancellation Form, email or through the member online portal.
7.5. 14 days’ notice is required to cancel any membership.
7.6. You may terminate this Agreement at any time for medical reasons, on presentation of a medical certificate, with future payments ceased within two days of submitting your cancellation form.
7.7. No refunds or credits will be given on any free/bonus days received as part of a membership promotion (only paid membership fees will be refunded if applicable).
7.8. Refunds for upfront memberships will be calculated by multiplying the daily membership charge by the number of days used and deducting from initial membership payment. (Daily charge is based on equivalent 3- month membership price).
7.9. A Cancellation Administration Fee applies to all upfront membership cancellations
7.10. Memberships cannot be cancelled if there are outstanding direct debit payments.
7.11. Memberships cannot be suspended in the cancellation notice period
7.12. Refunds will be processed within 7 days of all relevant paperwork being returned (i.e. bank verification details).
7.13. Any additional terms/conditions that apply will be specified as required in the “special conditions” section of your membership agreement.


8. Membership Agreements - Suspensions
8.1. Requests to suspend a membership must be submitted in writing via a Membership Suspension Form or via the online web portal.
8.2. Suspension requests will not be accepted over the phone, nor will suspensions be back dated. Suspensions will not be approved if any outstanding membership payments are owed.
8.3. Membership holders may suspend their membership at no charge for the following time periods:
3 Month Membership - minimum 1 week, maximum 2 weeks
6 Month Membership - minimum 1 week, maximum 4 weeks
12 Month Membership - minimum 1 week, maximum 8 weeks
Direct Debit Membership - minimum of 1 week, accrued at 2 weeks for every 3 months membership up to a maximum of 8 weeks per 12-month period.
8.4. The membership will recommence after the suspension period has been completed and debit fees will be adjusted as applicable, however it can take up to two debit periods before any reduced payment may be noticed.
8.5. Any suspension time used during a fixed term membership will be added onto the membership expiry date. All terms and conditions will continue to apply up until the amended expiry date.
8.6. Suspensions cannot be applied during the cancellation notice period.
8.7. Suspension days will impact the 12-month anniversary of a member, extending the date by the number of days suspended.
8.8. The MALC may choose to provide extra suspension time if operating hours are severely impacted by unforeseen events.


9. 24/7 Gym Access & Improper use of Equipment
9.1. Only Members with Fitness as part of their membership will be provided access to the gym and 24-hour access door.
9.2. Members must swipe their entry fob every time they use the 24-hour entry door.
9.3. Members are not permitted to provide their entry fob or access to any other person (whether they are a member or not). The membership holder is the only person entitled to use the services and facilities of MALC under the membership.
9.4. The MALC reserves the right to terminate the membership of a Member if they allow entry into the Centre and/or breach the access conditions.
9.5. A member will be liable for a $100 fee for breach of access is proven.
9.6. Members must not intentionally activate any duress buttons or signals without having reasonable cause to do so, or deliberately use emergency apparatus inappropriately.
9.7. Any costs related to the inappropriate use of emergency response equipment will be charged to the member. The charges will be either invoiced or automatically charged to the member via the members existing payment details.
9.8. The inappropriate use of equipment/services may cause MALC to immediately terminate or suspend your Membership at their discretion.
9.9. MY Active Teen Members (14-15 years) can access the gym 24/7 under the following conditions:
9.9.1. The member must attend with their parent/guardian (who must be a member)
9.9.2. That the member’s parent/guardian signs authority for the member to access the gym 24 /7
9.9.3. That the MY Active Teen must complete a health assessment and technique session with a MALC gym instructor prior to accessing the gym 24/7
9.9.4. That the member understands that MALC reserves the right in its discretion to revoke parent accompanied 24/7 access if it is deemed necessary.


10. Video Surveillance
10.1. You acknowledge that MALC uses 24 hours a day CCTV surveillance at the Centre premises and may have remote video or other guarding services.
10.2. Video surveillance is limited to the floor and entry areas only, and is not within the walls of the toilet/changerooms or assessment rooms.
10.3. This system is used for security and safety purposes only.


11. Changes to Terms & Conditions and Facility
11.1. You acknowledge and agree that the MALC may add, remove or change the Terms and Conditions of Membership (including membership fees), for which you will be notified in writing at least one month prior.
11.2. If aspects of the facility/classes on our timetable are unavailable or altered due to circumstances beyond our control, reasonable effort will be made to inform members of these changes.
11.3. The MALC does reserve the right to alter services and facilities as required in the operation of the Centre – (including but not limited to, opening hours, pool availability, group fitness timetable, etc.)


12. Breach of Terms and Conditions
12.1. A breach of any of these terms and conditions will result in a warning and any further breach may result in your membership being suspended or terminated. The MALC reserves the right to terminate your membership without warning if you behave in a way that is considered high risk or inappropriate. For example:
• Threatening or harassing others. or behaving in an inappropriate manner.
• Damaging equipment or MALC property.
• Allowing others to use your membership to gain access or providing access to others.
• Not scanning your membership key tag / key fob at reception and or 24-hour access door every time you use the Centre.
• Using illegal or performance-enhancing drugs.
• Instructing other customers when we haven’t authorised you to do so.

13. Release and Indemnity / Limitation of Liability
13.1. You acknowledge and recognise the inherent risks of injury or ill health resulting from the use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.
13.2. You agree to use the facilities provided by the Shire of Murray at the Murray Aquatic & Leisure Centre at your own risk and responsibility whether supervised or not by staff, and acknowledge that the use of the Centre may involve risk of injury, whether caused by you or another party.
13.3. By accepting this Agreement, you agree that the Shire and Centre will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Centre premises by you (including but not limited to, a vehicle or its contents or any property left in a locker), or for any death, personal injury or illness on Centre premises, or from using our facilities or equipment.
13.4. This release does not apply if your death or injury results from negligence on our part.


14. Personal Responsibility Declaration
14.1. The MALC is committed to taking all reasonable steps to ensure that the Murray Aquatic & Leisure Centre provides you with equipment and facilities that offer you a safe environment in which to exercise. We ask that you make your own decisions about the type and extent of exercise program you wish to follow.
14.2. Upon becoming a member and during your time as a member we ask you to warrant that:
14.2.1. You will take the time to familiarise yourself with the instructions displayed in the Centre and on fitness equipment regarding the safe use of equipment and the Centre. If you require any help in the use of the fitness equipment you will ensure that you book an appraisal with a qualified trainer who will help you learn to use the fitness equipment safely and effectively.
14.2.2. You have considered your own personal fitness requirements and will exercise within your own abilities, taking account of any disabilities which you may have.
14.2.3. You accept the Murray Aquatic & Leisure Centre is not staffed during all Fitness Centre opening hours and that it is your personal responsibility to stop exercising if you feel ill or require assistance.
14.2.4. You accept that although the Aquatic Centre has lifeguards on duty, they are not able to ensure the safety of all patrons at all times, and therefore individuals are responsible to take steps to ensure their own and family members safety.
14.2.5. If you believe there is a medical or other reason why you should not exercise, you will seek medical guidance before exercising.

Swim School Terms & Conditions

MALC Learn2Swim - Terms and Conditions

General Conditions

  1. The MALC is an endorsed Watch Around Water facility. Parents need to remain in the centre while their child is participating in swimming lessons unless the child is 10 years of age or over. Parents/guardians acknowledge that unaccompanied children over 9 years are subject to normal centre policy and are free to leave the facility of their own accord. In addition, children under 5 years who swim prior to or after their lesson, must be accompanied in the water by a person over 16 years of age and wear a yellow wristband at all times.
  2. All patrons must abide by the Centre’s Conditions of Entry, furthermore, Swim School Instructors, Duty Supervisor and MALC Management reserve the right to remove any student from a class for failing to comply with the Centre rules, or for conduct deemed improper, dangerous or disruptive to other students, or detrimental to the best interests of the Centre.
  3. Students or their parent/guardians must ensure that their contact details (including emergency contact details) are updated as they change from time to time. This can be completed in Centre or via the customer web portal.
  4. While enrolled in the program, a student will receive one standard lesson per week as well as access to the leisure and lap pools before and after their lesson, and on non-lesson days. If the student is under 5, an accompanying parent/guardian over 16 will receive leisure and lap pool free entry when the accompany the student.
  5. Children should not attend swimming lessons if they are suffering from any contagious condition or are unwell g. conjunctivitis, rubella, Flu, covid, fever, head cold, running nose, sore throats or cold sore, vomiting, diarrhoea, ring worm, head lice or urinary tract infection.
  6. Students who normally wear a nappy/are not toilet trained must wear an industry recommended aqua nappy. Aqua nappies are available to purchase at reception, and are to be put on immediately prior to entry into the water. Please note, standard nappies must not be worn in the water.
  7. A MALC Card or Key Tag will be issued at the first enrolment. Students must show their membership card every time they enter/access the Centre for their class and/or free swim. Where a student loses their card, it is the responsibility of that student/parent to advise the Centre immediately and pay the current fee for a replacement card/key tag.
  8. A 50% minimum number of enrolments is required for a class/es to proceed. You will be offered an alternate class if the class you have enrolled in does not meet this requirement.
  9. Swim School staff assess students on an ongoing basis and will recommend progression between levels as needed. This will usually require a change in course enrolment which can be done immediately based on class availability.
  10. A certificate will be presented upon successful completion of a Stage/Level only, participation certificates are not provided.
  11. Murray Aquatic & Leisure Centre instructors are subject to availability and may change without notice. Should parents choose to cancel their lessons based on an instructor, normal cancellation process is applicable.
  12. Classes are not held on Public Holidays. If your lesson falls on a public holiday you will not be charged, however students can continue to access the leisure and lap pools for the lesson week (as per point 4).
  13. Up to two replacement lessons can be provided ‘each term’ for scheduled missed lessons dependant on availability. A Replacement Lesson Request form (only available online – themalc.com.au) must be completed 24 hours prior to a missed lesson and/or accompanied with a medical certificate and not to be taken in last week of term. Swim School staff contact applicants if there is an appropriate replacement lesson space available (this may take up to 5 business days). Replacement lessons must be undertaken within 14 days of the missed lesson and are not transferable/redeemable for credit.

Perpetual/Direct Debit Customers

  1. Perpetual/Direct debit customer enrolments run continuously throughout the year, (excluding school holidays) and by enrolling and paying via direct debit, you are agreeing to participate in swimming lessons at the Murray Aquatic & Leisure Centre until the Responsible Person (Participant or parent/Guardian if under 18 years) cancels the agreement (as per point 16).
  2. Perpetual/Direct Debit customers are not required to re-enrol each term as their place is held until lessons are cancelled or they change class they progress.
  3. Perpetual/Direct Debit customers can cancel lessons by completing an online cancellation request form from our themalc.com.au. A 14-day cancellation notice payment (per child) is required and will be deducted as a direct debit payment. Children can/should attend lessons during the notice period and can continue using the Centre for out of lesson swimming.
  4. MALC or their financial institution, may charge a rejection fee if a direct debit payment is rejected/not paid by your financial institution. Customers will be notified in person and/or text message and/or email regarding any outstanding fees.
  5. All outstanding fees must be paid in full prior to the commencement of the next lesson.
  6. All payments are non-refundable and/ or non-transferable.
  7. Ongoing direct debit payment days are Mondays. Customers can amend their payment week if required, however a change in weeks will require the first fortnights fees of the new direct debit cycle paid in advance.

Upfront/Term Paying Customers

  1. Payment for upfront lessons must be paid at the time of enrolment to secure a place.
  2. No refunds or credits will be issued for unused lessons, and students must enrol for the full term.
  3. Students who are enrolled in the current terms program will be placed on hold during re-enrolment week for the forthcoming term. Payment must be made prior to term payment date sent via text message and/or email communication. Failure to do so will result in potentially losing your place in a specific class.
  4. If a customer wishes to cancel in term, an online cancellation form must be completed via our website - themalc.com.au. A Swim school Cancelation fee also applies to all cancelled lessons in a term.

Behaviour

  1. Swim School Staff manage child behaviour in class in a fair and appropriate manner, MALC classes are organised to ensure that every student can learn and advance in a positive and enjoyable atmosphere, and have the following disciplinary processes-
    1. Swim School staff will provide one warning to students for disruptive or unsafe behaviour in the lesson.
    2. A second warning will result in a child sitting out of the pool and missing a turn.
  • If the behaviour continues your child may be removed from the class immediately, either temporarily, relocated to another class or permanently removed from the program if its deemed the Centre can’t adequately cater for the child.