Australian Basketball Digest PTY LTd (AUBD) AUBD Select Membership Policies and Procedures
THIS IS AN IMPORTANT DOCUMENT –
Please read it carefully
Thank you for becoming an AUBD member.
Welcome to AUBD
If you need help with anything in this booklet, please ask the customer care manager at your training facility or call 1300 799 952
Training hours may differ between facilities. To find out more:
- Ask at any training facility
- Login at aubd.online
- Visit aubd.com.au
- Call 1 300 799 952
1 About these policies and procedures
1.1 How should you use this information?
|Keep for reference||This has the terms of your contract with AUBD. Please read it carefully. Keep it in a safe place and refer to it as you need to.|
|Terms in this booklet apply||If this information differs from anything you are told at any training session or over the phone, the terms in this booklet will apply unless AUBD management receive written confirmation from an AUBD employee.|
|If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait.
If there is a miscalculation on your AUBD membership application and contract, AUBD have 5 days after the contract is signed to correct it.
|Comfort guarantee: see 2.3.5||If you do not want to go ahead with your AUBD membership, you have 7 days after signing the contract to cancel it in writing.|
|These terms and conditions and our training program rules may change from time to time. If that happens, we will try to contact you in advance.
The most up-to-date policies & procedures and club rules always apply. You can find copies at your local training venue or in your online account at www.aubd.onlime
1.2 What’s inside?
|Section||What it contains|
|2. Becoming a member||How to become a member and the rules of your contract with us.|
|3. Paying for your AUBD membership / makeup sessions||Types of AUBD membership fees, when you need to pay them, how they can change and automatic recurring payment details.|
|4. Being an AUBD member||The benefits and responsibilities of AUBD membership.|
|5. Facility rules||Important rules to follow at any AUBD training session. Please follow each session’s signs and handouts about any other rules.|
|6. Cancelling an AUBD membership||How to cancel your AUBD membership and what happens when you do.|
|7. Protecting your privacy||How we protect your personal information.|
|8. Meanings||Definitions of certain words in this booklet.|
2 Becoming an AUBD select member
*Membership to an AUBD program must be approved by AUBD management.
*The AUBD annual year starts in January ending in December depending on the program you are enrolled in.
2.1 What types of AUBD memberships can you choose from?
|AUBD Select Squad Membership – Unlimited monthly sessions @ Waverley and MSAC (athletes must attend a minimum of 4 – 6 sessions per month)
AUBD Community Membership – The Community Membership is a site only access membership. The community membership is by approval only. This membership has been put in place to accommodate people in our community who do not receive training but would like to stay plugged in to our online services/ community; for instance members who cannot train due to long term injuries, AUBD alumni or for other special circumstances.
*MSAC = Melbourne Sports and Aquatic Centre * Waverley = Waverley Basketball Stadium
2.2 How old do you have to be?
|Minimum age requirement for AUBD Institute Programs
AUBD Select Squad
|AUBD’s members must abide by the below guide, unless AUBD management rules that the athlete is otherwise eligible. Approval of each application is solely at the discretion of AUBD management.
Minimum Age = 10 years old | Maximum Age = 18 years old
2.3 Your contract with us
2.3.1 When does your contract start?
|Signing your contract||You have a contract with us when you have signed it and we have accepted it.|
|Terms in this booklet apply||If this booklet differs from anything you are told at the training program or over the phone, the terms in this booklet will apply unless written confirmation is received from an AUBD employee.|
|Our rights||If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait.
If there is a miscalculation on your AUBD membership application and contract, we have 5 days after the contract is signed to correct it.
2.3.2 Which laws apply to disputes?
|State laws apply||Your contract is subject to Australian law and is governed by the state laws where your home training program is located. Australian courts have jurisdiction over any contract disputes.|
|Invalid sections||If a court decides that any section of your contract is invalid or unenforceable, that section will be deleted from the contract. The other sections will remain valid and enforceable.|
2.3.3 Can we change the terms of your contract?
|Changes||We may sometimes add to, change or remove terms and conditions, program rules and other AUBD membership conditions. This includes changing a training program start and finish time, its services and facilities and membership fees.
We can correct a miscalculation during the first 5 days after the contract is signed.
|We will give you 30 days’ notice||We will give you at least 30 days’ notice of any such changes by:
|Time freeze: see 3.5.4||If we suspend host venue operations or services, temporarily or permanently, we may send you a written notice offering to transfer your membership to another host venue (if available) or offer you a complimentary time freeze.|
|Cancelling: see 6.3||You can also cancel your AUBD membership as set out in 6.3. Unless the law states otherwise, you won’t have any other claim against us if this happens.|
2.3.5 Can you change your mind?
|Your comfort guarantee||You can cancel your AUBD contract during your comfort guarantee time. This lasts for 7 days from the date we both sign the contract or, with a new host venue, from its grand opening date.
To cancel your AUBD membership, simply tell us in writing, preferably on the cancellation form from www.aubd.online in the My Account section in your portal We will then cancel your contract.
|Cancelling your AUBD membership: see 6||If you cancel your AUBD contract after this comfort guarantee time, you are required to give 2 fortnights notice. Prepaid members receive a 10% discount and are not entitled to a refund.
3 Paying for your AUBD membership
3.1 When do you pay AUBD membership fees?
|Continuous memberships||You pay fees for continuous AUBD membership on the 16th of each month through the Stripe automatic recurring payment from a credit card.
AUBD pass on merchant fees charged for the transaction by deducting them with the monthly fees.
|Upfront payments||Instead of a continuous AUBD membership, you can pay upfront bi-annual membership.
When your membership is due to end, you can renew it by paying the current AUBD membership fees and an administration fee. By renewing your membership, you agree to the current membership terms applicable at that time.
Payment in advance is not discounted and is non-refundable. Members
3.2 What is the Uniform Package Signup fee?
|Applies when you
join or renew
|Our uniform package signup fee applies when you join AUBD membership. It is not refundable, even if you cancel during a comfort guarantee time. The amount is outlines in your AUBD membership application and contract.|
3.3 What happens if your payment is late?
|We will suspend
your club access
|If you do not fully pay your fees on the due date, we will suspend your training access until your payments are up to date and you have given us your direct debit account details. An email will be sent for you to make a manual payment. Your membership will stay on hold until payment is made.|
|we will debit your account||We may continue to debit your nominated account without notice, until we have received the total amount owing. We will make a reasonable effort to let you know at least a fortnight before we do so – either by phone, in person at your training facility, through your AUBD Institute portal or by writing to the address you last gave us.
If you owe us money for any of our other services, or an additional service not outlined in this contract, such as personal training, we may automatically deduct late fees from your nominated account and you authorise us to do this. If we debit an account without your authority, we will refund the amounts we have debited and any penalty fees charged by your bank as a result.
3.4 Your direct debit agreement
3.4.1 How will we debit your account?
|Initial terms||We will regularly debit you monthly for training fees from your nominated account at a specific time, as agreed in your AUBD membership application and contract.|
|Payment days||We will debit fees:
· On the first or 16th day of each month for monthly memberships. If a payment day is a non-business day, we will debit your account on the next business day. Please note that debits may take up to 5 business days to come out of your account.
3.4.2 What are your responsibilities?
|Your responsibilities||You are responsible for:
· making sure that your account can accept direct debits (your financial institution can confirm this)
· making sure there is enough money in your account on the payment day and the 5 following days
· telling us in advance if you are transferring or closing your account
· telling us in advance about any changes to your credit card, such as to its expiry date or number.
3.4.3 How can we change the agreement?
|Changes by us||If we change these initial terms, we will give you at least 30 days’ notice. Please talk to AUBD management if you wish to discuss any changes.|
|Changes by you||Please tell both AUBD management and your financial institution in writing if you want to change or stop your direct debit arrangements, doing so in accordance with your contractual obligations.|
3.4.4 What happens if a payment is disallowed?
|Disallowed payments||If your financial institution does not allow a payment, such as where your account does not have enough money in it, we will try to contact you via email and ask you to pay.
If you do not pay us, we will debit the payment again, with any other membership fees you owe, on or before the next payment day. We will also charge you transaction and administration fees.
3.4.5 What if you have a question?
|Who to contact||If you would like to talk about your direct debit arrangements or query a payment, please call AUBD’s administrator or your financial institution directly.|
|What we will do||If you query a payment with us, we will do our best to respond within 7 days. If you do not receive a satisfactory response from us, you may contact your financial institution. They will handle your query in line with their policy.|
3.5 How can we change your fees?
3.5.1 Can we increase fees?
|Changes||We reserve the right to increase your fees at any time after the minimum period of your contract has ended.|
|How we will inform you||We will make a reasonable effort to tell you about this at least 30 days beforehand by writing to your email or AUBD Online address.|
|Your authorization||Where we have made a reasonable effort to let you know about a fee increase, you authorize us to increase any debits from your nominated account in line with this increase.|
3.5.2 What if the GST rate changes?
|Fees exclude GST||All contract fees exclude goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.|
3.5.3 How do we collect deferred fees?
|Increased payments||If you have deferred your joining fee or other fees, we will charge you a higher monthly amount until you pay the deferred fees, as in your AUBD membership application and contract.|
|Your authorization||You authorize us to increase direct debits from your nominated account accordingly.|
3.5.4 Can you freeze your AUBD Direct Debit membership payments?
|Travel and medical reasons||You can downgrade your AUBD Select membership to the Community Membership for up to 2 months for travel or medical reasons, but we must be reasonably satisfied by your supporting documents. AUBD will then reserve the right to cancel your membership.|
|Conditions||Before downgrading your AUBD membership, you must:
|No pro-rata payments||·We will not accept pro-rata payments or freeze your direct debits outside the time freeze period.|
3.5.5 When can you receive a refund?
|Comfort guarantee: see 2.3.5||If you are a direct debit member and cancel your AUBD membership during the comfort guarantee time, we will refund your initial payment, less any administration or uniform fee.|
|Prepaid programs||If you pay for a program in advance, we will refund the fee if: The program is cancelled, or the law requires us to refund the fee. Payment in advance is non-refundable.
AUBD require 30 days notice of all cancellations with no exceptions. Memberships that are paid in advance and cancelled by the member before the end of the paid term will not be refunded. If a member has paid in advance and has not qualified for squad the membership is automatically downgraded to a Reserves membership, however the member will be permitted to continue to train up to 6 times per month until the membership has expired and then the member will be able to purchase the Reserves membership.
|No other refunds||Otherwise, we do not have to refund money that you have paid us for any reason.|
4 Being an AUBD Member
4.1 What are the benefits of aubd membership?
4.1.1 Using the host venue
Your AUBD membership
|Your AUBD membership allows you to train in the most elite junior program in Australia and be eligible for the AUBD International Squad. AUBD members have pathways to college and professional basketball. AUBD members receive professional mentoring to achieve their long time basketball goals. Your type of AUBD membership sets the times and locations for training programs that you can attend.|
|Not transferable||You cannot assign or transfer your AUBD membership, or receive a refund, except as set out in these terms and conditions or as the law allows.|
4.1.2 Using your access card
|Access Card||Should AUBD Issue you with an AUBD Card / Tour Card we may also attach your photo to your account on our digital membership tracking system. If you visit the AUBD training program a host venue or travel on tour without your valid access card or photo identification, we may refuse you entry|
|No card lending||You cannot lend your access card to anyone else or allow anyone else to use it. If you lose your card, we will replace it for a nominal fee, currently $20.|
4.2 What are your responsibilities?
4.2.1 Keep us informed
|Your responsibilities||Your responsibilities, including payment of membership fees, do not depend on how often you attend any of our training programs.|
|Changes to details||You must tell us about anything that affects your membership, and any changes to your:
4.2.2 Protect your health
|Guidance||AUBD offer an online portal for ongoing guidance and support.|
|Seek expert advice||Our staff and contractors are not medically trained. They are not medically qualified to assess if you and your guests are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If you or your guests are in any doubt, we strongly urge you to seek expert advice before starting an active or passive training program.|
|Health risks||If you believe there is a risk to your health from doing any of our training programs, you must tell us this in writing, with full details. You must also tell us if your medical condition changes after you join.
We may choose to refuse your membership application, until:
|Your promise||On the day you sign your contract and each time you attend our training programs, you promise to us that:
|Infections and illnesses||You will not participate in any of our training programs while suffering from:
4.2.3 Use equipment correctly
|Using equipment||You are responsible for using our facilities and equipment correctly, including returning balls and not swinging from the basketball ring/ backboard|
4.2.4 Respect facilities
|Damage||You are responsible for any damage to any of the host venues of any of the AUBD training programs caused by you or your guests through a wilful act or negligence.|
4.2.5 Follow host venue and AUBD rules
|Signs and handouts||You must follow all host venue and AUBD rules. Some host venues may have higher risk areas, such as play zones, junior care areas, swimming pools, steam rooms and saunas. Read, understand and follow the rules in all signs and handouts, especially for these areas.|
4.3 What happens if you break the rules?
|Refusing entry||We can refuse entry to anyone, including members.|
|Warnings||If you act unreasonably, or break these terms and conditions or host venue rules, we may warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.|
|Instant cancellation||We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
4.4 What are the risks?
4.4.1 Warning under the Fair Trading Act 1999 (Victoria only)
|Restrictions on your rights to sue (Victoria only)||1. Under the Fair Trading Act 1999 (Vic) (the Act), several conditions are implied into contracts for supplying certain goods and services. These conditions mean that the supplier of these terms and conditions must ensure that the recreational services it supplies to you are:
Under section 32N of the Act, the supplier is allowed to ask you to agree that these conditions do not apply to you. If you sign the contract, you will be agreeing that your rights to sue the supplier under the Act if you are killed or injured because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose, are excluded, restricted or modified as set out in these terms and conditions.
The change to your rights in these terms and conditions, does not apply if your death or injury is due to the supplier’s gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
|Your promise||2. You promise:
(a) To make sure that you know how to train safely, by asking if necessary.
(b) To use your best endeavours to train safely.
(c) You will not take valuables into the host venue, even if you plan to put them in the lockers.
|Our promise||3. We promise to comply with the statutory conditions set out in clause 4.4.1(1), specifically:
(a) To carry out our services with due skill and care.
(b) To provide services fit for the purpose for which you have joined us, taking into account the price for those services, the terms of supply and all relevant circumstances.
|What we will compensate you for||4. We will compensate you for:
(a) Death or personal injury, but only if it is caused by our reckless disregard for the consequences of our failure to meet our promise in clause 4.4.1(3).
(b) Loss or damage you suffer from our failure to meet our promise in clause 4.4.1(3).
|What we will not compensate you for||5. We will not compensate you where we have complied with our promise:
(a) If you fail to honour your promises in clause 4.4.1(2)(a).
(b) For loss or damage to personal property which you bring into our training programs.
(c) For loss or damage you suffer caused by a third party, such as a personal trainer, who is unconnected with the services and facilities we provide to you.
(d) For loss or damage you suffer caused by events which neither we nor our suppliers could have foreseen or prevented even if we had taken all reasonable care.
|Our agreement||6. We both agree that, except where the law requires otherwise, if either of us (you or AUBD) breach the arrangements under this contract, then neither of us will be responsible for any losses that the other suffers as a result.
7. The exclusion of liability in clause 4.4.1(4)(b) applies only to death or personal injury and not to any breach by us of the statutory conditions [see clause 4.4.1(1)] that results in loss of or damage to your personal property.
4.4.2 Members – Host Venue Risks
|Warning||We warn you that, while participating in any of our training programs and on the host venue premises, you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries may occur from you:
|Release and indemnity||If we accept your membership application and you become and remain an AUBD club member, you agree that we will not be liable for:
4.5 What if something goes wrong?
4.5.1 Your feedback and complaints
|We welcome your feedback||Your feedback and complaints are crucial in helping us to resolve your concerns quickly and effectively. Our complaints process has been developed with the help of Consumer Affairs so we can properly deal with any complaints and concerns.|
|We will contact you||One of our AUBD management staff will answer your feedback and suggest solutions to any problems. If you make a complaint, the training program coordinator will contact you within 1 week, where possible, to discuss it with you.|
|No fee reductions||You cannot ask us to reduce your membership fees because your training facility is closed for renovations or for a public holiday.|
|AUBD require 30 days notice of all cancellations with no exceptions. Memberships that are paid in advance and cancelled by the member before the end of the paid term will not be refunded. If a member has paid in advance and has not qualified for squad the membership is automatically downgraded to a Reserves membership, however the member will be permitted to continue to train up to 6 times per month until the membership has expired and then the member will be able to purchase the Reserves membership.|
4.5.3 Issues with outside providers
|Outside providers||Contractors, tenants and franchisees provide some services in our training programs, such as personal training, physiotherapy and massage. Service fees are paid directly to them and we are not responsible for those fees.|
|Claims||If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from, and hold us harmless from, any claim resulting from an act or omission by a contractor, tenant or franchisee.
5 Training / Facility rules
5.1 Each time you visit
|Access/ ID cards||Please be ready to show your access card. Otherwise, we may not let you enter.|
5.2 Clothing and hygiene
|You must wear suitable clothes||All members and guests must wear program specific suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.|
|You must use a towel||We also ask you to consider your personal hygiene when visiting our host venue clubs. Please wear deodorant and be aware of your body odour. Please use a clean towel when you use at the host venue equipment.|
|You park at your
|You and/or your parents park in the host club’s car park or on the hot venue club premises at your own risk. We are not liable for any loss or damage to you or your parent’s vehicle or its contents.|
5.7 Extra services
|Separate fees and agreements||Some host venues offer extra services, such as skills training, camps, junior care programs, domestic and representative leagues. These are not part of our contract. They involve separate fees, rules and agreements – please become familiar with them. Such fees are your sole responsibility and we will not pay for any such fees.|
6 Cancelling your membership
6.1 Can you cancel your contract?
|Cancelling your contract||You can cancel your membership with 30 days notice. AUBD will cancel the membership 30 days after receipt of the member’s written cancellation. Direct debit payments will continue throughout the 30 day period.|
6.2 How do you cancel after the Contracted term?
|1 month notice in writing||To cancel your membership when the minimum contracted term ends or at any time after that, simply give AUBD management 30 days notice in writing, preferably message management on the online portal or otherwise email email@example.com.|
|No time freeze||You cannot freeze your membership payments. Should you be injured you can cancel or otherwise downgrade to a community membership.|
|You must pay outstanding fees||When you cancel your AUBD membership, you must pay any fees owed to us, or we may take action to recover them.|
6.3 Can you cancel if we change the contract?
|Changes that adversely affect you||You can cancel your AUBD membership at any time if we:
|Breach of obligations||You can also cancel your AUBD membership if we breach our contract obligations and we do not fix the breach in a reasonable time after you have told us about it in writing.|
|2 fortnights notice in writing||In either case, you need to give AUBD 2 full fortnights notice in writing, preferably on the cancellation form at your club.|
7 Protecting your privacy
7.1 Privacy statement and acknowledgement
|Using your image||We may sometimes film or photograph the training programs. It is possible you may appear in the background. By signing this contract you agree to allow us to use your image in promotional and other business-related material.|
we, us, our
|AUBD Australia Pty Limited trading as Australian Basketball Development|
|you, your||A member of AUBD|
|Host venue||An AUBD training program where you applied for membership|
|Facility||The AUBD training program host venue which you joined and which you will use mostly or exclusively, depending on the type of membership you chose|
|club||An AUBD training program|
|contract, membership application||AUBD Membership Application and Contract. This is between AUBD and you, under which you will become a member of AUBD|
|minimum contracted term||The term specified in the AUBD membership application and contract form|
|rules||Rules for operating host venue equipment, opening hours and behaviour in the host venue, specified in these terms and conditions, and in facility signs and handouts for any of the AUBD training programs|