CROWN SPA AND CROWN METROPOL FITNESS PROGRAMS TERMS AND CONDITIONS
1.1. These terms and conditions form the basis of the applicable Crown Membership Program (Program) and every Member is subject to these terms and conditions. The terms and conditions shall be referred to as the Rules. The Rules apply to participating facilities at Crown Melbourne or Crown Perth. The Rules apply to the specific Facility to which the Member is granted Membership. By way of example, a Member who joins Crown Metropol Fitness program is not able to use the Crown Spa Club Fitness program.
1.2. The Rules are effective from 21 September 2018.
1.3. Membership of the Program is offered at the discretion of Crown. Membership only becomes effective when Crown has accepted the application form submitted by an invited applicant, the completed application has been registered in the Crown database and the Member has paid the applicable joining and monthly fees (Member’s Effective Date).
1.4. Subject to the Rules, Membership will remain valid during the period that the Member pays their monthly fee.
1.5. A Card displaying the applicant’s Membership number will be issued to the applicant on or shortly after the Member’s Effective Date.
1.6. Subject to the Rules, Membership is granted at the discretion of Crown. Members must be 18 years of age or over. Membership is subject to a joining fee and to a monthly or yearly Membership fee as determined by Crown from time-to-time. Such fees and payment processes are further described in the application and payment authorisation form.
1.7. The Member must notify Crown of any change of name or contact details as soon as possible after the change.
1.8. Crown does not warrant the ongoing availability of the Program.
1.9. To be eligible to become a Member, an applicant must not be prohibited from entering Crown for any reason.
1.10. The Rules are to be read subject to the House Guest Register and Conditions of Use rules.
In the Rules, unless the context otherwise requires:
Account means the account of the Member containing all relevant information relating to the Member’s Membership of the Program;
Benefits mean the benefits available to Members as specified in the applicable Crown Spa Club or Crown Metropol brochure advertising (as amended from time to time);
Card means the Crown Membership Program Card that Crown may issue to the Member;
Crown means Crown Melbourne Limited ABN 46 006 973 262 trading as Crown Melbourne, being the applicable provider of the Benefits at Crown Melbourne, or Burswood Nominees Limited ABN 24 078 250 307 as trustee for the Burswood Property Trust ABN 35 491 489 282, trading as Crown Perth managed by Burswood Resort (Management) Limited ABN 68 009 396 945 being the applicable provider of the Benefits at Crown Perth;
Facility or Facilities means the Crown Metropol gym and leisure facilities or the Crown Towers spa, gym or leisure facilities at either Crown Melbourne or Crown Perth;
Facility Rules means the requirements, conditions and other rules applicable to the use of the Facility including the Crown Towers Swimming Pool General Safety Rules, Crown Spa Etiquette, Crown Towers Melbourne or Perth Gym Terms and Conditions, Crown Towers Perth Crystal Club and Valet Parking Terms and Conditions as amended from time to time;
Member is a person who is granted membership pursuant to Rule 1.3 and subject to Rule 1.9;
Membership means a current membership issued to a Member by Crown pursuant to the Rules;
Promotional Material means any mail, regular communications, offers, promotions and advertising in connection with the Program and Crown.
Related Entity and Related Body Corporate have the same meanings as those in the Corporations Act 2001;
Rules means these rules (as may be amended from time to time), and any policies or guidelines adopted by Crown from time to time in its discretion in relation to the conduct of the Program; and
Special Events Periods includes New Year’s Eve and major sporting and cultural special event periods as determined by Crown Melbourne and Crown Perth.
3. MEMBERSHIP CARDS
3.1. The Card remains the property of Crown at all times. It is the responsibility of the Member to safeguard his or her Card and take precautions against the loss, or any unauthorised use of the Card.
3.2. Members must ensure that his or her Card has been presented to the Crown attendant prior to using the Facility.
3.3. The Card is not transferable or valid for use by any other person.
4. MEMBERSHIP BENEFITS AND CHANGES TO PROGRAM
4.1. Crown reserves the right at any time to change the Rules or Benefits. The changes that Crown may make to the Program include, without limitation, changes to:
(a) the Rules;
(b) the type and availability of Benefits;
(c) restrictions relating to Special Events Periods
(d) the services and products available at Crown; and
(e) the Membership fees.
4.2. Crown will use its best endeavours to notify Members of any material detrimental changes to the Program upon 30 days’ written notice.
4.3. Crown will give notice to the Member of any non-material changes as is reasonable and practicable to do so in the circumstances.
4.4. Notice is deemed to be given by Crown upon sending a letter and/or email to the Member’s address specified on the Crown database.
4.5. The Benefits may not be combined with any other membership rewards, benefits, offers or discounts. Any unused Benefits will expire at the end of each calendar month.
4.6. Subject to applicable laws, Crown shall not be liable in any way to the Member in relation to the availability or withdrawal of particular Benefits, which may have been previously promoted as being available.
5. LOST OR STOLEN CARDS
5.1. In the event that the Member’s Card may be lost or stolen the Member is responsible for immediately reporting the loss or theft to Crown.
5.2. Crown may replace a Card at its discretion. Crown reserves the right to:
(a) charge a fee for a replacement Card; or
(b) cancel a membership if the Member, in Crown’s sole opinion, has claimed an excessive number of lost, damaged and/or stolen Card reprints.
5.3. Where a Member’s card is lost or stolen, Crown may require the Member to produce other forms of identification in order to utilise the Facility.
6. SUSPENSION OR TERMINATION OF MEMBERSHIP
6.1. Crown may immediately terminate and/or suspend the Member’s Membership if, in Crown’s reasonable opinion, any of the following occur:
(a) failure by the Member to strictly comply with the Rules; or
(b) conduct by the Member which Crown in its reasonable opinion considers:
(i) to be dishonest, offensive, disruptive and/or intimidating to patrons or staff, or
(ii) as interfering with or misusing equipment or property; or
(c) the death or incapacity of the Member; or
(d) the Member is prohibited from entering Crown Melbourne or Crown Perth for any reason.
6.2. In the event that the Member’s Membership is terminated or suspended, the Member must on demand immediately return the Card to Crown.
6.3. The Member must return the Card to Crown and notify Crown in writing, upon which membership and Benefits will be cancelled, in the event that the Member:
(a) does not wish to be bound by the Rules; or
(b) wishes to terminate his or her Membership.
6.4. The Member must give one (1) month’s notice of their intention to terminate his or her Membership.
6.5. The Member may request that his or her Membership be suspended for a period of up to one month (subject to a week’s prior notice in writing) and up to six months upon the provision of a medical certificate attesting to the inability of the Member to use the Facility as a consequence of a medical condition. The Member must hand in their Card to reception for the period of which the member has requested to be on medical suspension. A medical clearance certificate must be provided by a medical professional prior to the reactivation of the membership. Such medical clearance certificate must certify that the Member is fit to use the Facilities.
7.1. The Member authorises Crown to collect their personal information for purposes directly related to its functions or activities, including processing your hotel booking and associated services. If you do not provide this information, we may not be able to provide you with these services. Your personal information may be disclosed to related entities and other companies acting on Crown’s behalf, which may include those located overseas. Please refer to the applicable Crown entities privacy policies at: www.crownperth.com.au or www.crownmelbourne.com.au for full details including how you may access your personal information and/or complain about a privacy breach.
7.2. The Member acknowledges and agrees that Crown and its authorised representatives, Related Entities and Related Bodies Corporate may use information acquired by any of them about the Member or otherwise lawfully obtained by them or their authorised representatives:
(a) for marketing, planning, product development and other commercial purposes;
(b) as permitted or required by any other law including any applicable privacy legislation in force and as amended from time to time; and
(c) for any activities related to or consequent upon the above, and for the purposes of the above may disclose all such information to other parties who are acting on behalf of or in conjunction with Crown or its Related Entities or Related Bodies Corporate, provided that such information is only used in a manner contemplated by the Rules.
7.3. For the purpose of providing Membership and using the Facilities, Crown may collect and use health information regarding a Member’s, or potential Member’s, physical health and health conditions (Member’s Health Information). Crown obtains a Member’s (or potential Member’s) consent to collect the Member’s Health Information through the completion of the Crown Membership and health evaluation forms.
7.4. Crown may divulge any information maintained by Crown with respect to the activities of the Member pursuant to a court order, subpoena or other lawful request from a law enforcement agency.
7.5. For the avoidance of doubt, if the Member consents to Crown providing that Member with Promotional Material that Member authorises and consents to Crown providing that Member with Promotional Material in connection with all products and services offered by or on behalf of Crown including gaming.
7.6. This Rule 7 survives the expiry or termination of the Program or Membership.
8. TERMINATION OF OPERATION OF THE PROGRAM
8.1. Crown provides no warranty as to the continuing availability of the Program and Crown may suspend the operation of the Program or cease to operate the Program at any time on three (3) months’ written notice (which includes email).
8.2. In the event that the Program ceases to operate, all Benefits which have not been used within the notice period will be cancelled.
9. FACILITY RULES
9.1. The Member must comply with the following Rules in order to provide a safe and enjoyable environment for all Members and guests:
(a) Members or guests must consult a medical practitioner before using the Facility;
(b) Members or guests must not use the Facility while suffering from any medical conditions that could be detrimental to the Member, other members or guests;
(c) Members or guests shall not use any Program Facility while under the influence of substances that could negatively affect other members or guests;
(d) Members must present the Card upon entering Crown;
(e) Crown takes no responsibility for loss of property while on Crown premises (except where due to its negligence or intentional act); and
(f) Members must wear suitable attire as required by Crown while using the Facility.
9.2. Unless permitted by Crown (through use of a Member’s allocated Guest Passes) and subject to the payment of any applicable fees, guests of Members are prohibited from using the Facility.
9.3. Members must comply with all other Facility Rules notified to the Member.
10.1. In complying with our legal responsibilities, as set out further below, Crown will repair or replace Goods or provide a refund, as applicable, where Goods do not meet one of the consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2. To the extent our goods or services are not of a kind ordinarily acquired for personal, domestic or household use of consumption, then we limit our liability to repair or replacement of goods, or supplying services again or payment for the cost of supplying services again, in accordance with section 64A of the Australian Consumer Law.
10.3. To the extent that any services provided are recreational services, use of the pool, gymnasium and some other areas may amount to Recreational Services as defined under the Australian Consumer Law, the Civil Liability Act (WA) 2001 and the Fair Trading Act 2012 (VIC). Where services are Recreational Services, Crown can exclude or limit liability as set out in the Hotel Guest Register and Conditions of Use. Please read the House Guest Register and Conditions of Use carefully.
10.4. Recreational Services, including use of the Facilities, in particular the pool, gymnasium and leisure facilities, is subject to risks. These include death, serious injury or illness, or the occurrence of a medical condition (Risks). The Member agrees that Crown’s liability for Recreational Services, and for the Risks, is excluded to the extent set out in clause 10.3.
10.6 You are responsible for any actions or omissions of your guests invited on your guest passes.
11. FITNESS INDUSTRY CODES – COOLING OFF PERIOD FOR MEMBERS
For those Members who become Members at Crown Perth:
This Membership is subject to a 48 hour cooling off period, in accordance with the Fair Trading (Fitness Industry Interim Code) Regulations 2018 (WA) after signing this agreement. This agreement can be terminated without reason within this 48 hour period by written notice to the Crown Spa Club management, and any Membership payments shall be refunded within a reasonable period of time.
Crown Melbourne will comply with the time periods as set out in the Western Australian code above.
12. ON-GOING MEMBERSHIP AGREEMENT
For those Members who become Members at Crown Perth:
This is an ongoing membership agreement. The agreement will continue until it is terminated by either you or the supplier (Crown) in the way described in the agreement.
If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until the arrangement is cancelled by you or your fitness centre notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract.
Crown Melbourne will comply with the above periods as set out in the Western Australian code.
13.1. In the event of any inconsistency between any other document brought into existence for the purposes of the Program and the Rules, the Rules shall prevail.
13.2. Any tax liabilities and other duties arising from the receipt and use of Benefits remain the sole responsibility of the Member. You should seek independent professional advice in connection with such matters.
13.3. The Rules replace all previous rules and agreements issued by Crown concerning its subject matter and contain the whole agreement between Crown and the Member.
13.4. Any notice or other communication provided for in the Rules is taken to be properly given or delivered if sent by mail or email to the Member.
13.5. For use of the Facility at Crown Perth, the governing law of the Rules is of the State of Western Australia and is subject to the non-exclusive jurisdiction of the laws of Western Australia. For use of the Facility at Crown Melbourne, the governing law of the Rules is the State of Victoria and is subject to the non-exclusive jurisdiction of the laws of Victoria.
14.1. In this agreement unless the context requires otherwise:
(a) a word or expression in the singular includes the plural, and the plural includes the singular;
(b) words of one gender include all genders;
(c) a reference to a party in this agreement includes a permitted assign or a permitted substitute of that party;
(d) words importing persons include all bodies and associations, corporate or unincorporated;
(e) a reference to this agreement includes the schedules and annexures to this agreement;
(f) a reference to legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(g) headings are included for convenience only and will not affect the interpretation of this agreement;
(h) all references to money are to Australian currency, except where otherwise indicated.
14.2. In consideration of Crown admitting the Member to Membership of the Program, the Member agrees to be bound by the Rules and acknowledges the right of Crown to rely upon them as an indication of the Member’s consent to any acts authorised or contemplated by the Rules.
14.3. To the extent that any provision in the Rules is illegal or unenforceable, it is severed without affecting the validity or enforceability of the remaining Rules.
14.4. The information you supply here ensures you receive the most appropriate care and attention. By signing this form, you confirm that all the information you have supplied is true, correct and complete, and that you understand and agree to the conditions set out above.