Terms and Conditions
Newcastle Aquatic Physiotherapy Terms and Conditions.
In this Agreement:
“Agreement” means these Terms and Conditions.
“NAP Facility” means the facility owned and operated by Newcastle Aquatic Physiotherapy at 67 William Street, Jesmond NSW 2299.
“Manager” means the person/s appointed by Newcastle Aquatic Physiotherapy as the Manager of the Facility.
“N.A.P Program” means any physiotherapy, personal training, group fitness classes, short course programs, hydrotherapy, recreational or health/wellbeing activity or program conducted by or on behalf of Newcastle Aquatic Physiotherapy.
“Short Course Program” means any temporary, seasonal or “one-off” program organised or conducted by Newcastle Aquatic Physiotherapy such as, among others, Boot Camp, Mums & Bubs and Circuit Classes.
These Terms & Conditions form an agreement between Newcastle Aquatic Physiotherapy and the clients of this facility and, where applicable, each casual or other visitor or user of the Newcastle Aquatic Physiotherapy Facility (“You”). By applying to Newcastle Aquatic Physiotherapy for membership, or participating in a N.A.P. Program, You agree to be bound by these Terms and Conditions.
RISK WARNING: Your participation in any N.A.P. Program is a recreational activity which involves a risk of physical harm, injury or damage to You. Physical harm that might arise from Your participation in a N.A.P. Program includes, but is not limited to, joint and muscle sprains and strains, bruising, concussion, cuts and abrasions, dehydration, dental damage, joint injuries, nose injuries, stress fractures and bone/joint/muscle breakages and strains. The degree of risk and extent and type of physical harm, injury or damage may vary depending on the nature of the N.A.P. program conducted at this facility.
1.0 Payment of Fees/Membership
1.1 You will need to have an assessment conducted by a Physiotherapist to become a member/user of this facility.
1.2 N.A.P may refuse Your application for Membership if:
(a) You fail to properly complete the application for Membership or consent to an assessment by our Physiotherapy staff.
(b) N.A.P. determines, in N.A.P’s sole opinion, that You are in any way a threat to the health, safety or wellbeing of any N.A.P. member, employee, agent or contractor; or
(c) You fail to comply with any other reasonable requirements of N.A.P.
1.3 Unless otherwise stated in this Agreement, all applications must be accompanied by payment in full of the corresponding fee. All current Membership or other fees are available in hard copy and displayed at the N.A.P. managed facility.
1.4 If you fail to make payment of any amount owing to N.A.P. in accordance with this Agreement, Your access to the N.A.P. Facility and participation in the N.A.P. programs will be suspended until such time as full payment is made.
1.5 All fees associated with casual participation in N.A.P. Programs must be paid before entering the Facility and commencing such program.
1.6 Your participation in any N.A.P. Program will not be secured, reserved or permitted until payment is made in the manner advised by N.A.P.
2.1 Cancellation of appointments without notice or failure to attend appointed times will be subject to cancellation fees and penalties.
2.2 If you are unable to attend a pre-paid Personal Training Session, You must provide 24hrs notice by contacting the Facility directly. Any notice of less that 24 hours will result in forfeiture of payment for the full session.
2.3 To be eligible for a replacement session, You must show a Medical Certificate.
3.1 In respect of cancellations of Memberships, N.A.P. Programs and Short Course Programs that have been paid upfront, no refunds will be provided.
3.2 In respect to purchase of goods from The Facility, no refunds will be provided for goods that have been used or not in original condition. In the case of faulty goods or incorrect sizing, goods may be exchanged within 7 days upon presentation of the receipt of purchase.
3.3 Change of Details – You must keep N.A.P informed of any changes to Your address, email, contact details, medical conditions, new injuries and any other information relevant to Your membership, use of the N.A.P Facilities or participation in any N.A.P. program.
4.0 Rights and Risks of Admission and Facility Usage
4.1 You must present to reception on arrival to gain entry into N.A.P. Facilities. If another person attempts to use the Facility in your place and has not been assessed by one of our Therapists, that person will be refused entry into the N.A.P Facilities. Fraudulent use of the Facility will not accepted and You may lose the right to attend in addition to losing pre-paid program fees.
4.2 You acknowlege and agree that:
(a) You must not use the N.A.P. Facilities or participate in any N.A.P Program if such use or participation will adversely affect your physical or mental wellbeing;
(b) N.A.P will assess on an individual basis but is in no way responsible for determining whether you are physically or mentally able to use the N.A.P Facilities or participate in the N.A.P Programs;
(c) You have made the necessary enquiries and received the necessary medical advice to ensure Your use of the N.A.P. Facilities and participation in the N.A.P. Programs will not in any way whatsoever adversely affect Your health or wellbeing (physical or other);
(d) You will use the N.A.P Facilities and participate in the N.A.P. Programs at Your own risk;
(e) You must conduct Yourself in accordance with N.A.P’s policies and procedures, copies of which are available to You on request;
(f) N.A.P will in no way be responsible or liable for any loss, damage or theft to any of Your personal property arising out of or in connection with Your use of the N.A.P Facilites or participation in the N.A.P. Programs.
(g) You will not bring children to the Facility whilst conducting Your program and leave them unattended or unsupervised.
4.3 N.A.P. may immediately suspend and/or terminate a Membership at any time if N.A.P. determines, in its absolute discretion, that You have failed to comply with these Terms & Conditions or otherwise acted in a manner detrimental to N.A.P., N.A.P’s patron or other members, staff, employees, contractors or agents. Unless expressly agreed otherwise, in the event Your Membership is suspended or terminated, N.A.P. is not obliged to refund any fees paid by You.
4.4 When using N.A.P. Facilities or participating in N.A.P Programs, You must:
(a) Wear suitable attire and enclosed footwear at all times (e.g. exercise shorts, singlets, active wear, swimwear for hydrotherapy etc);
(b) Not wear clothing bearing offensive images or inappropriate advertising;
(c) Bring and use sweat towels (which are compulsory);
(d) Consider personal hygiene, that is, wear deodorant and be aware of your own body odour;
(e) Not bring food, chewing gum, cans/glass bottles onto the N.A.P. Facility;
(f) Not, under any circumstances, bring substance which are (or potentially) explosive or flammable liquids, corrosive chemicals, dangerous goods or in any way hazardous in or around the N.A.P Facility;
(g) Advise a N.A.P. Physiotherapist or Instructor of any injury or potential injury and, if You are pregnant, of that pregnancy; and
(h) Ensure that You exercise with caution at all times (particularly in extreme weather conditions).
4.5 Lockers are provided for storage of valuables. N.A.P. takes no responsibility for theft or damage to personal property.
4.6 N.A.P provides ample parking for your convenience. N.A.P. takes no responsibility for theft or damage to Your motor vehicle and/or it’s contents.
5.0 Indemnity and Liability
5.1 You hereby release and indemnify N.A.P. (and its employees, agents and contractors) from and against any claims, loss, liability, damage (whether of a direct, indirect or consequential nature) howsoever caused arising out of or in connection with:
(a) Your Membership;
(b) Your entry into or use of a N.A.P. Managed Facility;
(c) Your participation in any N.A.P. Program;
(d) Any act or omission of You, N.A.P. or an employee, agent, contractor or another member of N.A.P in connection with the subject matter of this Agreement.
5.2 Except as provided in this Agreement (and to the extent permitted by law), N.A.P. makes no warranties (express or implied) in respect of the N.A.P. Managed Facilities, the N.A.P Programs or Your use of or participation in the same.
5.3 Without limiting the generality of the above, N.A.P. makes no warranty regarding the software and technology used by N.A.P. in respect of the management and administration of memberships (the Software). Your acknowledge and agree that N.A.P will not be liable for any loss or damage arising out of or in connection with:
(a) The Software; or
(b) Any unauthorised, fraudulent or negligent use of the Software.
6.0 N.A.P. Managed Facilities is an alcohol free zone and will ensure that no alcohol is consumed on the premises. If You are suspected of having consumed alcohol, You will be unable to participate in any program, obtain treatment with Physiotherapy staff or remain on the premises.
7.0 Other than guide dogs, You must not allow any animal to be brought into the N.A.P. Facility.
8.1 If any part of this Agreement is prohibited, invalid or unenforceable, that part will be ineffective to the extent of the prohibition, invalidity or unenforceability without invaliding the remaining terms of this Agreement.
8.2 A failure or delay of N.A.P. in exercising a right, power or remedy under this Agreement does not prevent its exercise.
8.3 N.A.P may vary these Terms & Conditions at any time and without notice to You. This includes any fees or process referred to in or in any way connected with this Agreement. Varied Terms and Conditions will be advertised at N.A.P’s earliest convenience.