Terms & Conditions

Please read the following terms and conditions for the Energise in 30 (E30) membership and bring with you to sign and acknowledge the following:   

a)       The E30 is a 30 day membership including access to the fitness centre, aquatic areas, and MSAC fitness classes. Payment for this program is to be made upfront and cannot be invoiced unless prior arrangement has been made. There are no refunds, suspensions or credits. Due to the promotional price of this program you may not participate in more than two consecutive programs without taking out an MSAC membership. E30 Memberships are not transferable

b)       This program includes a 12 month MSAC Club membership. The fee for this is included in your registration and is non refundable. No suspensions are available on MSAC Club memberships. Your MSAC Club membership can be renewed at a cost of $30 (does not include the E30 program).

c)       You acknowledge that you are exposed to certain risks whilst undertaking exercising including but not limited to physical exertion, body contact, ground or venue contact, venue conditions [including indoor and outdoor surface/venues], exercise associated items and equipment and fixed venue items. You have voluntarily read and understood this warning and accept and assume the inherent risks in undertaking exercise.

d)       You acknowledge that where you are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that it is a term of your membership [if accepted] that these implied terms and rights and any liability of MSAC flowing from them, are expressly excluded to the extent possible by law, by these membership terms and conditions. MSAC is absolved from all liability however arising from injury or damage however caused [whether fatal or otherwise] arising out of your membership and/or participation in any MSAC activity. To the extent of any liability arising, the liability of MSAC will, at MSAC’s discretion, be limited to the re-supply of the services or payment of the cost of having the services supplied again.

e)       In consideration of MSAC accepting your application for membership you: a) Release and will release MSAC from all claims that you may have or may have had but for this release arising from or in connection with your membership and/or participation in any MSAC activity; b) indemnify and will keep indemnified MSAC to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with your membership and/or participation in any MSAC activity. In this clause 7, “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence from or in connection with your membership and/or participation in any MSAC activity but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant MSAC insurance policy.

f)        You declare that you are and will continue to be medically and physically able to participate in MSAC activity. You must not be a danger to yourself or to the health and safety of others. You understand and accept that MSAC will continue to rely upon this declaration as evidence of your fitness and ability to participate.

g)       In these terms and conditions “MSAC” means and includes the State Sports Centre Trust and its officers, employees, agents and sub-contractors. Nothing in this form inhibits the MSAC in the administration and exercise of its powers and the performance of its functions under the State Sports Centre Act 1994 (Vic).