SPECTRUM 3 INC MASTER PARTICIPATION WAIVER, RELEASE & TERMS AND CONDITIONS 1INTRODUCTION 1.1This Master Participation Waiver, Release & Terms and Conditions (“Terms”) applies to all programs, services, memberships, NDIS-funded supports, activities, events, facilities, and fundraising activities operated by Spectrum 3 INC (“Spectrum 3”, “we”, “us”, “our”), including but not limited to: 1.1.1S3 Fitness (Cardio, Zumba, Group Fitness, Personal Training) 1.1.2S3 Martial Arts 1.1.3S3 Life Skills 1.1.4S3 Gaming (including digital gaming and structured Table Top Role Playing programs) 1.1.5Community & Outreach Events 1.1.6Op Shop and second-hand retail activities 1.1.7NDIS-funded services and memberships 1.2By registering, purchasing, attending, volunteering, or participating in any Spectrum 3 activity, the participant (or parent/guardian where applicable) agrees to these Terms. 1.3Where multiple clauses apply, the clause that provides greater participant safety and organisational protection applies, to the extent permitted by law. 2GENERAL PARTICIPATION 2.1Spectrum 3 INC is a small not-for-profit charity with limited resources. 2.2Participation in all activities is voluntary. 2.3Spectrum 3 may accept, decline, limit, modify, suspend, or withdraw participation at its discretion. 2.4Decisions regarding eligibility, participation, program structure, scheduling, support ratios, and delivery are final. 2.5Participation does not create entitlement to continued access, specific instructors, specific outcomes, or progression. 3PRIVACY, CONFIDENTIALITY & RECORDING PROHIBITION 3.1Programs may involve sensitive, trauma-informed, or neurodiverse-specific content. 3.2Certain sessions are private and not publicly advertised. 3.3Photography, filming, audio recording, live streaming, or distribution of recordings is prohibited without prior written consent. 4UNAUTHORISED RECORDING – LIQUIDATED DAMAGES 4.1Unauthorised recording or distribution constitutes a serious breach. 4.2Liquidated damages of not less than AUD $15,000 apply as a genuine pre-estimate of harm. 4.3The participant indemnifies Spectrum 3 INC up to AUD $100,000 (VCAT jurisdictional limit) for additional loss, damage, or legal costs. 4.4Nothing limits liability that cannot legally be excluded. 5MEDICAL DISCLOSURE & ONGOING RESPONSIBILITY 5.1Participants must disclose all relevant medical conditions, diagnoses, medications, injuries, or behavioural risks prior to participation. 5.2Disclosure obligations are ongoing. 5.3Spectrum 3 relies on this information to determine suitability and supervision levels. 5.4Failure to disclose constitutes a material breach. 5.5To the maximum extent permitted by law, Spectrum 3 is not liable for harm arising from undisclosed or inaccurate information. 6SAFETY, CONDUCT & EQUIPMENT 6.1Participants must follow all safety instructions and codes of conduct. 6.2Respectful behaviour is required at all times. 7DRUGS & ALCOHOL 7.1Participants must not attend while impaired. 8EQUIPMENT 8.1Equipment may only be used as instructed. 8.2Participants are financially responsible for damage caused through reckless or intentional misuse. 9MARTIAL ARTS & CONTACT ACTIVITIES 9.1Martial arts and fitness involve inherent physical risk. 9.2Spectrum 3 may remove participants from activity where unsafe behaviour occurs. 10FIRST AID & EMERGENCY SERVICES 10.1Spectrum 3 INC is committed to maintaining a safe environment for all participants, instructors, volunteers, and visitors. 10.2Spectrum 3 INC provides basic first aid only as an immediate response to injury or illness during activities. First aid provided does not replace professional medical assessment, diagnosis, or treatment. 10.3To support participant safety: 10.3.1Instructors delivering programs, classes, or activities are expected to hold a current nationally recognised First Aid certification, or a designated First Aider with a current First Aid certification must be present or available within the facility during the activity. 10.3.2Where reasonably practicable, instructors delivering physical or active programs, including martial arts and fitness sessions, are encouraged to maintain current CPR certification in accordance with recognised Australian first aid training standards. 10.3.3Where staff or instructors reasonably believe emergency medical assistance is required, emergency services (000) may be contacted. 10.3.4If a participant or their parent/guardian refuses recommended emergency care or medical assistance, that refusal is made at the participant’s risk, and the participant indemnifies Spectrum 3 INC to the extent permitted by law. 10.3.5Nothing in this clause guarantees the availability of a specific individual first aider at all times; however, Spectrum 3 INC will take reasonable steps to ensure appropriate first aid capability is available during organised activities. 11FEES, MEMBERSHIP & PAYMENTS 11.1Fees are charged for access and availability, not attendance. 11.2Missed sessions are not refundable. 12MEMBERSHIP FEES 12.1A monthly membership fee may apply. 12.2Membership contributes to: 12.2.1Facility costs 12.2.2Insurance 12.2.3Administration 12.2.4Equipment 12.2.5Program development 12.3Membership fees are separate from support service charges and may not be claimable under NDIS plans. Claimability remains the participant’s responsibility. 13SUSPENSION (VOLUNTARY HOLD) 13.1Must be requested in writing 4 weeks prior to start date. 13.2Upto 50% subscription applies with a minimum charge of $9 per week is applicable. 13.3Maximum 6 weeks per calendar year 13.4No more than two suspensions per rolling 12 months 13.5A Card or Card Authorisation must be on file prior to application 14ORGANISATION-INITIATED TERMINATION 14.1Spectrum 3 may suspend or terminate participation for: 14.2Safety concerns 14.3Misconduct 14.4Unpaid fees 14.5False information 14.6Safeguarding concerns 14.7No refund applies. 15APPAREL & PROMOTIONAL UNIFORMS 15.1Standard apparel supplied requires six (6) months participation or payment of up to $200, for early exit, suspension or cancellation. 15.2Uniform Promotions 15.2.1Where applicable, early withdrawal as per 15.1 incurs a Minimum of $120 uniform cost (promotion override). 15.2.2Offer not redeemable for cash and subject to availability. 16COMPLAINTS & DISPUTE RESOLUTION 16.1Complaints must be made in writing. 16.2Unresolved disputes proceed to mediation in Victoria before VCAT (up to $100,000). 17LIABILITY & CONSUMER RIGHTS 17.1To the extent permitted by law, Spectrum 3 INC is not liable for injury, loss, or damage except where caused by proven negligence or where liability cannot legally be excluded. 17.2Australian Consumer Law rights are not excluded. 17.3Program-Specific Conditions 17.4Fitness & Personal Training 17.5Participants must follow advice of AHPRA-registered health professionals where applicable. 18S3 MARTIAL ARTS 18.1Involves inherent contact risk. 18.2Private health and ambulance cover is recommended. 19S3 GAMING (DIGITAL & TABLE TOP) 19.1Includes structured: 19.1.1Table Top Role Playing (e.g., Dungeons & Dragons) 19.1.2Strategy games 19.1.3Cooperative campaigns 19.1.4Digital supervised gaming 19.1.5These are structured, facilitated sessions — not free play. 19.2Participants must: 19.2.1Demonstrate respectful conduct 19.2.2Follow facilitator direction 19.2.3Use equipment responsibly 19.2.4Spectrum 3 may remove participants for unsafe or disruptive behaviour without refund. 20MINORS 20.1Participants under 18 require parent/guardian consent. 20.2Parents remain responsible for drop-off and collection unless agreed otherwise. 21OP SHOP & SECOND-HAND GOODS 21.1All goods sold “as is.” 21.2No refunds for change of mind. 21.3Australian Consumer Law applies. 22FORCE MAJEURE 22.1Spectrum 3 may cancel or modify sessions due to: 22.2Extreme weather 22.3Illness 22.4Staff unavailability 22.5Public health events 22.6Government restrictions 22.7Facility closures 22.8Refunds are not guaranteed. 23NDIS PARTICIPATION & INVOICING 23.1Spectrum 3 INC is not a registered NDIS provider and does not claim directly via the NDIA portal. 23.2We accept: 23.2.1Plan-Managed participants 23.2.2Self-Managed participants 23.3Participants are responsible for ensuring sufficient NDIS funds. 23.4If a plan manager or NDIA rejects or delays payment, the participant remains legally responsible for payment within 7 days of notice. 23.5Cancellation Policy (NDIS) 23.5.1Minimum 7 days’ notice required. 23.5.27+ days → No charge 23.5.3Less than 7 days → Full session fee charged 23.5.4Non-attendance → Full fee charged 23.5.5Charged in accordance with NDIS Pricing Arrangements and signed Service Agreement. 23.6Assessment 23.6.1Initial assessment is required and charged under applicable NDIS support item. 23.6.2Assessment does not guarantee placement. 23.7Reports 23.7.1Spectrum 3 may provide attendance and progress summaries. 23.7.2We do not provide clinical, therapeutic, or diagnostic reports unless separately contracted. 23.8NDIS Liability 23.8.1Spectrum 3 is not responsible for NDIA decisions, plan reductions, or administrative delays. 23.9Governing Law 23.9.1These Terms are governed by the laws of Victoria, Australia. 23.9.2Changes to Terms 23.9.3Spectrum 3 may update these Terms from time to time. 23.9.4Updated Terms apply from publication on the website. 23.10Communication 23.10.1Official communication may occur via email, digital platforms, or written notice. 23.10.2Participants must keep contact details current. 23.10.3Acknowledgement 23.10.4By registering, purchasing, enrolling, or participating, I confirm that I have read, understood, and agree to these Terms. 24CONFLICTING DOCUMENTS, PRICING POLICIES & GOVERNMENT PROGRAM CHANGES 24.1Spectrum 3 INC may issue multiple documents governing participation, including but not limited to participation waivers, program rules, service agreements, pricing policies, NDIS service agreements, event terms, facility policies, and operational guidelines. 24.2These documents are intended to operate together. 24.3Where provisions appear inconsistent, the following principles apply: 24.3.1Any clause that provides the greater level of participant safety, safeguarding, financial protection, or organisational protection will apply to the extent permitted by law. 24.3.2Where uncertainty, inconsistency, or ambiguity exists, the Master Participation Waiver, Release & Terms and Conditions will prevail and be interpreted as the governing document. 24.3.3Program-specific rules, service agreements, and facility policies apply in addition to these Master Terms and must be complied with. 25PRICING POLICIES & GOVERNMENT PROGRAM CHANGES 25.1Spectrum 3 INC services may be funded or partially funded by external programs, including the National Disability Insurance Scheme (NDIS) or other government initiatives. 25.2Participants acknowledge and agree that: 25.2.1Pricing for services may change where required due to updates to NDIS Pricing Arrangements and Price Limits, government funding rules, regulatory changes, or operational requirements. 25.2.2Where government pricing frameworks change, Spectrum 3 INC may adjust fees, billing structures, service models, or support categories to align with current regulatory requirements. 25.2.3Participation in services constitutes acceptance that fees may change without prior notice where required by regulatory or government pricing change 25.2.4The participant remains personally responsible for all fees, charges, and outstanding invoices where funding rules change, funding becomes unavailable, a claim is rejected, or a plan manager or funding body fails to pay. 25.2.5Spectrum 3 INC is not responsible for NDIS plan funding levels, NDIA decisions, plan reviews, pricing adjustments, administrative delays, or funding reductions made by any government body or third-party administrator. 25.3Nothing in this clause limits rights that cannot legally be excluded under Australian Consumer Law or other applicable legislation. 26GOVERNMENT, DONOR-FUNDED & SUBSIDISED PROGRAMS 26.1Spectrum 3 INC may from time to time offer programs that are fully or partially funded through government grants, charitable donations, sponsorships, community partnerships, or other external funding sources. 26.2Participants acknowledge and agree that: 26.3Participation in any government-funded, donor-funded, subsidised, or free program does not create an ongoing entitlement to continued free or subsidised access. 26.4The availability, structure, duration, and eligibility criteria of such programs may change, be reduced, suspended, or discontinued where funding ends, funding conditions change, or operational requirements require modification. 26.5Spectrum 3 INC reserves the right to introduce fees, adjust pricing, modify participation limits, or restructure programs where external funding is reduced, withdrawn, or exhausted. 26.6Participants may be offered the option to continue participation under standard membership or fee-based program structures where applicable. 26.7Spectrum 3 INC is not responsible for changes made by funding bodies, donors, grant providers, or government programs that affect the availability or cost of services. 27S3 COMMUNITY SUPPLIED ITEMS, PRODUCTS & SERVICES 27.1Spectrum 3 INC may from time to time provide items, products, equipment, services, or other support to participants or community members at a reduced fee or free of charge through initiatives including, but not limited to, the S3 Community program, Op Shop activities, online sales, markets, donations, or other community support programs. 27.2Where such items, products, or services are supplied at a reduced fee or free of charge, they are generally provided “as is”, without warranties or guarantees except to the extent that such guarantees cannot be excluded under Australian Consumer Law. 27.3Spectrum 3 INC does not guarantee the condition, suitability, durability, or future availability of second-hand, donated, or subsidised items supplied through community programs. 27.4Items Supplied in Lieu of Membership or Program Support 27.4.1Where items, equipment, or services are supplied to a participant in lieu of, or as part of, a reduced or waived subscription or program fee, the following conditions apply: 27.4.2A valid payment card authorisation may be required. 27.4.3A minimum participation period of six (6) months in the relevant program is expected. 27.4.4If participation ceases before the minimum participation period is completed, Spectrum 3 INC may charge a recovery fee of up to AUD $200 representing a reasonable estimate of the cost of the supplied item or support. 27.5Community Distribution Without Program Participation 27.5.1Where items, products, or services are provided to community members without the expectation of participation in a Spectrum 3 program, such items are supplied as a community support initiative only and do not create any obligation, membership entitlement, or future fee commitment for the recipient. 27.5.2Provision of such items does not guarantee ongoing support, services, or access to programs. 27.6Nothing in this clause limits rights that cannot legally be excluded under Australian Consumer Law. 28BOOKING REQUIREMENTS FOR NON-SUBSCRIPTION AND CASH MEMBERS 28.1Non-subscription members and cash-paying participants must book classes or sessions through the Spectrum 3 INC online booking system prior to attendance. 28.2Walk-in attendance without a confirmed booking may be refused where the class or session has reached capacity, appropriate instructor or support ratios cannot be maintained, or safety, safeguarding, or operational requirements require advance booking. 28.3Cash payments may be accepted only where a booking has been made in advance and approved by Spectrum 3 INC. 28.4Spectrum 3 INC reserves the right to require advance online booking and payment for any class, session, or activity. 28.5Attendance is not guaranteed without a confirmed booking. 29FIRST CLASS FREE POLICY 29.1Spectrum 3 INC may offer a First-Class Free introductory session for new participants. 29.2The First-Class Free offer is limited to one (1) introductory class per participant. 29.3Where a family subscription or family participation arrangement applies, the offer is limited to one introductory class per family unit. 29.4The free class applies once only across all Spectrum 3 INC programs and activities, regardless of class type. 29.5The free class does not apply separately to each class, program, or service offered by Spectrum 3 INC. 29.6Participants may be required to book the class in advance through the Spectrum 3 INC booking system. 29.7Spectrum 3 INC reserves the right to withdraw, limit, or modify this offer at any time. 30CANCELLATION POLICY DISCRETION 30.1The CEO of Spectrum 3 INC reserves the right, at their sole discretion, to waive or modify the cancellation policy for senior participants where circumstances reasonably justify such consideration. 30.2In all other circumstances, participants may submit a written hardship application requesting consideration for the waiver or reduction of cancellation fees. 30.3Approval of any waiver, reduction, or exception is not guaranteed and remains at the discretion of Spectrum 3 INC. 30.4Nothing in this clause creates an automatic entitlement to cancellation fee waivers. 31SECURITY & AFTER-HOURS ACCESS 31.1Spectrum 3 INC operates from a secure facility within a controlled business park environment. 31.2For security and safety purposes, the main entry gate to the facility automatically closes at approximately 5:30 PM each day. Access to the premises outside normal business hours requires a security access fob. 31.3Participants attending evening or after-hours classes or programs may be issued with a security access fob where required. 31.4Where a fob is issued: 31.4.1A refundable deposit of AUD $50 is required at the time of issue. This deposit may be included in the recovery of monies outlined in the S3 Community Supplied Items, Products & Services clause above where applicable. 31.4.2The fob remains the property of Spectrum 3 INC at all times. 31.4.3Fobs must not be shared, copied, transferred, or provided to any other person. 31.4.4Lost, damaged, or unreturned fobs may result in forfeiture of the deposit and/or replacement charges. 31.4.5Participants are responsible for ensuring the gate is used appropriately and that site security is maintained when entering or leaving the premises. 31.5The building Body Corporate or property manager may change or update security access systems, including fob access codes, from time to time for security or operational reasons. 31.5.1In such circumstances Spectrum 3 INC will endeavour to notify affected fob holders via email or other available communication methods. 31.5.2It is the responsibility of the fob holder to present their security fob for reprogramming or updating when required. 31.5.3Spectrum 3 INC is not responsible for any inconvenience or access limitations where a fob has not been updated following such notification. 31.6Spectrum 3 INC reserves the right to withdraw, deactivate, or reassign security fobs at any time where required for safety, security, or operational reasons. 31.7Spectrum 3 INC may restrict after-hours access to authorized participants, instructors, volunteers, or members where safeguarding or operational requirements require controlled access. 32PRICING & PRICE ADJUSTMENTS 32.1Prices displayed on the Spectrum 3 INC website, promotional materials, or other communications are provided for general information purposes only and may not always reflect the current price at the time of subscription, booking, or purchase. 32.2All prices are subject to change without notice. Spectrum 3 INC may adjust prices periodically, including annual adjustments. As a general guide, prices may increase by approximately 4% per year to reflect increases in operating costs, including but not limited to rent, insurance, utilities, and program delivery costs. 32.3Participants, members, and customers are responsible for confirming the current price of products, services, memberships, or programs at the time of purchase, booking, or subscription. 32.4Spectrum 3 INC reserves the right to adjust membership fees, program prices, and service charges during an active membership or subscription period where reasonably required due to changes in operational costs or external factors. 32.5Such adjustments may occur due to factors including, but not limited to: 32.5.1 increases in rent, utilities, insurance, or facility costs 32.5.2 changes to government regulations or compliance requirements 32.5.3 changes to NDIS Pricing Arrangements and Price Limits or other funding frameworks 32.5.4increases in staffing, instructor, or program delivery costs 32.5.5significant economic changes affecting operational costs 32.6Where reasonably practicable, Spectrum 3 INC will endeavour to provide notice of pricing adjustments prior to the next billing cycle. Continued participation in programs or memberships after such notice constitutes acceptance of the updated pricing. 32.7Spectrum 3 INC is not responsible for pricing discrepancies arising from outdated website information, promotional materials, or third-party listings. 32.8Nothing in this clause limits rights that cannot legally be excluded under Australian Consumer Law. 33COMPLIANCE WITH PROGRAM & THIRD-PARTY RULES 33.1Participation in Spectrum 3 INC programs, activities, services, facilities, or events may also be subject to additional rules, policies, or requirements imposed by third parties or external programs. 33.2These may include, but are not limited to: 33.2.1government program rules (including NDIS requirements) 33.2.2facility or Body Corporate rules governing the premises 33.2.3safety, safeguarding, or insurance requirements 33.2.4partner organisation or host venue policies 33.2.5online booking platform rules or payment provider requirements 33.2.6grant-funded program conditions or community partnership agreements 33.3Participants, members, volunteers, and visitors agree to comply with any applicable third-party rules or program requirements where they apply to participation in Spectrum 3 INC activities. 33.4Failure to comply with applicable rules or requirements may result in: 33.4.1refusal of participation 33.4.2suspension from activities or programs 33.4.3cancellation of bookings or memberships 33.4.4removal from the premises where required for safety or compliance reasons 33.5Spectrum 3 INC is not responsible for changes made by third-party organisations, facility managers, government programs, or service providers that affect participation in activities or access to facilities. 33.6Where such external rules conflict with these Terms, Spectrum 3 INC may apply the most restrictive rule necessary to maintain safety, legal compliance, or operational requirements. 33.7Nothing in this clause limits rights that cannot legally be excluded under Australian law. 34GRANT-FUNDED PROGRAMS & EVENTS 34.1From time to time, Spectrum 3 INC may deliver programs, activities, services, or events that are fully or partially funded through government grants, charitable grants, sponsorships, community partnerships, or other external funding sources. 34.2Participation in grant-funded programs is subject to the conditions of the funding agreement and any applicable eligibility requirements. 34.3Participants acknowledge and agree that: 34.3.1Grant-funded programs may have limited places, eligibility criteria, or participation requirements determined by the funding provider. 34.3.2Participation in a grant-funded program does not create an ongoing entitlement to continued participation, free services, or future program access. 34.3.3Spectrum 3 INC may modify, reduce, suspend, or discontinue grant-funded programs where funding ends, funding conditions change, or program requirements cannot be met. 34.3.4Where external funding does not cover the full cost of delivering a program or event, participant fees may apply. 34.3.5Spectrum 3 INC is not responsible for changes made by grant providers, funding bodies, or government programs that affect program availability, eligibility, or cost. 34.4Spectrum 3 INC reserves the right to prioritise participation in grant-funded programs based on program objectives, funding conditions, participant needs, or organisational mission. 34.5Nothing in this clause limits rights that cannot legally be excluded under Australian law. 35RIGHT TO REFUSE PARTICIPATION 35.1Spectrum 3 INC is committed to providing a safe, respectful, and inclusive environment for participants, instructors, volunteers, and visitors. 35.2Spectrum 3 INC reserves the right to refuse, limit, suspend, or terminate participation in any program, activity, service, or facility where reasonably necessary to protect: 35.2.1the safety or wellbeing of participants, staff, volunteers, or visitors 35.2.2safeguarding requirements for children or vulnerable persons 35.2.3appropriate supervision or support ratios 35.2.4the orderly operation of programs and activities 35.2.5compliance with organisational policies, legal obligations, or facility rules 35.3Participation may be refused, suspended, or terminated where circumstances include, but are not limited to: 35.3.1unsafe or aggressive behaviour 35.3.2repeated disruption of programs or activities 35.3.3failure to follow reasonable instructions from instructors or staff 35.3.4failure to disclose relevant medical, behavioural, or support information 35.3.5attendance while impaired by drugs, alcohol, or medication 35.3.6non-payment of required fees 35.3.7breaches of Spectrum 3 INC policies, rules, or agreements 35.4Where reasonably practicable, Spectrum 3 INC may provide notice or an opportunity to address concerns; however, immediate removal from an activity or premises may occur where safety concerns arise. 35.5Spectrum 3 INC is not liable for any loss, inconvenience, or costs arising from refusal, suspension, or termination of participation in accordance with this clause. 35.5.1Nothing in this clause limits rights that cannot legally be excluded under Australian law. 36SALE OF DONATED GOODS 36.136.1 Spectrum 3 INC may from time to time sell donated goods, equipment, or other items through various sales channels including, but not limited to, Op Shop activities, community markets, fundraising events, the Spectrum 3 website, online marketplaces (such as eBay or similar platforms), and other approved sales channels provided that such goods are not subject to restrictions imposed by external donation programs or donors. 36.2The sale of donated goods may also occur as part of Spectrum 3 INC life skills programs or training activities, where participants are supported in developing practical skills including retail, inventory management, communication, and community engagement. 36.3The sale of donated goods may also be undertaken to reduce excess stock, manage storage capacity, and minimise unnecessary disposal of usable items to landfill, consistent with the organisation’s sustainability and community support objectives. 36.4Unless otherwise stated, donated or second-hand items are sold “as is”, without warranties or guarantees except to the extent required under Australian Consumer Law. 36.5Spectrum 3 INC reserves the right to determine the pricing, sale method, distribution, recycling, or disposal of donated goods in accordance with operational requirements and charitable purposes. 36.6Nothing in this clause limits rights that cannot legally be excluded under Australian law. 37DISPOSAL & MANAGEMENT OF DONATED GOODS 37.1Spectrum 3 INC may receive donated goods, equipment, or supplies from individuals, organisations, charities, or donation platforms, including but not limited to programs such charitable distribution networks. 37.2Donated goods may be used to support Spectrum 3 INC programs, distributed to participants or community members, utilised in training activities, sold through approved fundraising channels, or otherwise applied in support of the organisation’s charitable purposes where permitted under the terms of the relevant donation program. 37.3Where donated goods are unsuitable, damaged, expired, unsafe, surplus to requirements, or cannot reasonably be distributed or used, Spectrum 3 INC reserves the right to recycle, repurpose, transfer, or dispose of such goods in a responsible manner. 37.4Spectrum 3 INC may also dispose of donated goods where necessary to: 37.4.1manage storage capacity 37.4.2maintain safe premises 37.4.3avoid unnecessary waste accumulation 37.4.4comply with health, safety, or regulatory requirements 37.4.5Where goods are obtained through external donation programs or charitable supply networks, Spectrum 3 INC will endeavour to comply with any applicable program guidelines or distribution conditions. 38IN-KIND DONATIONS, VALUATION & DISPOSAL 38.1Spectrum 3 INC may accept in-kind donations, including goods, equipment, services, or other non-cash contributions, in support of its charitable activities. 38.2Where an in-kind donation is received, Spectrum 3 INC does not determine or guarantee the monetary value of the donated item for taxation, accounting, or reporting purposes unless a valuation has been formally accepted in writing by Spectrum 3 INC. 38.3Where a donor, sponsor, or third party assigns a value to donated goods or services, such values are considered the responsibility of the donor or their advisor and may not be recognised by Spectrum 3 INC unless supported by appropriate documentation and accepted by the organisation. 38.4Where ATO gift deduction or valuation documentation has not been completed, signed, or formally accepted by Spectrum 3 INC, any stated value of the donation will not be recognised by Spectrum 3 INC for accounting, reporting, or tax receipt purposes. 38.5Spectrum 3 INC reserves the right to use, distribute, repurpose, sell, transfer, recycle, or dispose of in-kind donated goods in accordance with operational requirements and the organisation’s charitable purposes. 38.6Where goods are unsuitable, unsafe, surplus, impractical to store, or cannot reasonably be distributed or used, Spectrum 3 INC may dispose of such items in a responsible manner. 38.7Nothing in this clause limits rights that cannot legally be excluded under Australian law. 39RETURNED OR RE-DONATED GOODS 39.1Spectrum 3 INC may accept the return of goods that were previously distributed to individuals, participants, or community members where those goods are voluntarily returned and remain suitable for further use. 39.2Goods returned or re-donated to Spectrum 3 INC must be provided voluntarily and without any payment, compensation, credit, exchange, replacement, priority access to goods, or other benefit being provided to the person returning the goods. 39.3The return or re-donation of goods does not create any obligation for Spectrum 3 INC to provide replacement items, substitute goods, store credit, refunds, or priority access to future donations. 39.4Where goods previously distributed by Spectrum 3 INC are voluntarily returned or re-donated to the organisation by the recipient or another party, those goods will be treated as a new in-kind donation to the organisation. 39.5Returned or re-donated goods will be treated as newly donated items for the purposes of stock management, inventory control, and administrative record keeping, and Spectrum 3 INC is not required to maintain traceability to any prior donor, program, distribution event, or original source of the goods. 39.6Following inspection, returned or re-donated goods may be redistributed, used in programs, repurposed, sold through authorised fundraising or community sales channels, recycled, or disposed of in accordance with the organisation’s operational needs and charitable purposes. 39.7Spectrum 3 INC is not obliged to accept the return of previously distributed goods and may refuse returned items where they are unsafe, damaged, unsuitable, or impractical to manage. 40FAIR GO – DISTRIBUTION OF GOODS 40.1Spectrum 3 INC distributes donated goods to support individuals, families, and communities in need. To ensure fair and responsible access to limited resources, the organisation applies a Fair Go Policy to the distribution of goods. 40.2Spectrum 3 INC aims to ensure that donated goods are distributed fairly and reasonably so that assistance can reach the greatest number of people who may benefit from the organisation’s programs and services. 40.3Spectrum 3 INC may place reasonable limits on the quantity, frequency, or type of goods distributed to any individual, household, group, or organisation in order to maintain equitable access to donated resources. 40.4Spectrum 3 INC reserves the right to refuse, restrict, or discontinue the supply of donated goods where it reasonably believes that a person, household, group, or organisation is: 40.4.1requesting goods in quantities that are excessive or unreasonable; 40.4.2attempting to obtain goods for resale, commercial use, or personal profit; 40.4.3repeatedly requesting goods beyond what is reasonably required; 40.4.4misrepresenting their circumstances or needs; 40.4.5attempting to manipulate, pressure, or exploit staff, volunteers, or program processes; or otherwise acting in a manner that undermines the fair distribution of donated goods. 40.5The provision of goods by Spectrum 3 INC at any time does not create an entitlement, expectation, or obligation for the organisation to provide goods in the future. 40.6Prior decisions to distribute goods do not establish a continuing right to receive goods or priority access to goods. 40.7Decisions regarding the refusal or restriction of goods may be reviewed internally by Spectrum 3 INC where appropriate, taking into consideration the organisation’s charitable objectives and the need to ensure fair access to resources. 40.8This policy is intended to protect the integrity of Spectrum 3 INC programs and to ensure that donated goods continue to benefit the community in a fair and responsible manner. 41DEFINITIONS AND INTERPRETATION 41.1In these Terms, the term “Participant” includes any member, attendee, customer, volunteer, visitor, or other person attending or participating in Spectrum 3 INC programs, services, activities, events, or facilities, and includes a parent or legal guardian where participation involves a minor. 41.2“Programs” includes all services, activities, supports, events, facilities, fundraising activities, retail activities, and community initiatives operated, hosted, or delivered by Spectrum 3 INC. “NDIS” means the National Disability Insurance Scheme. 41.3Headings used in these Terms are provided for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. The word “including” means “including without limitation.” 42SEVERABILITY 42.1If any provision of these Terms is determined to be invalid, illegal, void, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be read down to the extent necessary to make it valid and enforceable. 42.2If the provision cannot be read down, it will be severed from these Terms and the remaining provisions will continue in full force and effect. 43ENTIRE AGREEMENT 43.1These Terms, together with any program-specific rules, service agreements, policies, pricing schedules, facility rules, or other documents issued or referenced by Spectrum 3 INC, constitute the entire agreement between Spectrum 3 INC and the Participant in relation to participation in Spectrum 3 INC programs, services, activities, events, or facilities. 43.2These Terms supersede and replace all prior discussions, communications, representations, or understandings, whether written or oral, to the extent permitted by law. 44CHANGES TO TERMS 44.1Spectrum 3 INC may update or modify these Terms from time to time where reasonably necessary for operational, legal, regulatory, or program delivery purposes. Updated Terms will apply from the date they are published on the Spectrum 3 INC website or otherwise communicated through official organisational communication channels. 44.2Continued participation in programs, services, activities, events, or facilities after publication of updated Terms constitutes acceptance of those Terms to the extent permitted by law. 45NO WAIVER 45.1A failure or delay by Spectrum 3 INC to exercise or enforce any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. Any waiver must be in writing to be effective. A waiver of one breach does not constitute a waiver of any subsequent or continuing breach. 46NOTICES AND COMMUNICATIONS 46.1Spectrum 3 INC may provide notices or communications to Participants through email, SMS, online platform messaging, written notice, or other electronic communication channels using the most recent contact details provided by the Participant. 46.2 A notice is deemed received at the time it is sent by Spectrum 3 INC unless a delivery failure notification is received. Participants are responsible for ensuring their contact details remain accurate and up to date. 47ASSIGNMENT AND SUBCONTRACTING 47.1Spectrum 3 INC may assign, transfer, subcontract, or otherwise delegate the delivery of programs, services, activities, or events, in whole or in part, to partner organisations, contractors, instructors, facilitators, or service providers where reasonably required for operational, safety, compliance, or program delivery purposes. 47.2 Participants may not assign, transfer, or otherwise transfer their participation, membership, or booking rights to another person without the prior written consent of Spectrum 3 INC. 48ELECTRONIC ACCEPTANCE 48.1These Terms may be accepted electronically, including through online registration systems, booking platforms, electronic signatures, payment confirmation, attendance at programs, or by selecting an online acceptance mechanism such as a checkbox. 48.2 Electronic acceptance will have the same legal effect as a handwritten signature to the extent permitted by law. Spectrum 3 INC may rely on electronic records, platform logs, booking confirmations, or digital acceptance records as evidence that a Participant has read and agreed to these Terms. 48.3If these Terms are signed, they may be executed electronically or in counterparts, and all counterparts together will constitute one agreement. 49INTELLECTUAL PROPERTY 49.1All intellectual property rights associated with Spectrum 3 INC programs, materials, systems, branding, curriculum, training content, written resources, digital materials, program structures, class formats, gaming campaigns, life skills frameworks, instructional methods, logos, designs, videos, documents, and other content created, developed, or provided by Spectrum 3 INC remain the property of Spectrum 3 INC or its licensors unless otherwise stated. 49.2Participants, members, volunteers, and visitors are granted a limited, non-transferable, non-exclusive right to use such materials solely for the purpose of participating in Spectrum 3 INC programs and activities. 49.3Participants must not copy, reproduce, record, photograph, film, distribute, publish, transmit, modify, adapt, commercialise, or create derivative works from Spectrum 3 INC materials, programs, or intellectual property without the prior written consent of Spectrum 3 INC. 49.4This restriction applies to both physical and digital materials, including class content, written handouts, training materials, course outlines, gaming materials, program frameworks, and any other resources provided during participation in Spectrum 3 INC activities. 49.5Unauthorised use, reproduction, or distribution of Spectrum 3 INC intellectual property may result in removal from programs, termination of participation, and potential legal action to the extent permitted by law. 49.6Nothing in this clause limits rights that cannot legally be excluded under Australian law. 50PRIVATE TRANSPORT AND PARTICIPANT ARRANGEMENTS 50.1From time-to-time participants, parents, guardians, instructors, volunteers, or other members of the Spectrum 3 INC community may independently arrange transport to or from programs, classes, events, or activities. 50.2Unless Spectrum 3 INC has expressly agreed in writing to organise transport as part of a specific program or activity, any such transport arrangements are considered private arrangements between the individuals involved. 50.3Spectrum 3 INC does not supervise, organise, control, or assume responsibility for private transport arrangements made between participants, parents, guardians, instructors, volunteers, or other community members. 50.4Any person who chooses to provide or accept transport does so voluntarily and at their own risk and responsibility, including compliance with all applicable road rules, licensing requirements, vehicle safety requirements, and insurance obligations. 50.5Where minors are involved, parents or legal guardians remain responsible for approving and arranging transport unless otherwise formally agreed in writing by Spectrum 3 INC. 50.6Nothing in this clause creates an obligation for Spectrum 3 INC staff, instructors, or volunteers to provide transport to participants. 50.7Nothing in this clause limits rights that cannot legally be excluded under Australian law. 51PHOTOGRAPHY AND MEDIA CONSENT Spectrum 3 INC may from time to time capture photographs, video recordings, or other media during programs, classes, events, or activities for purposes including community promotion, social media, fundraising, grant reporting, educational materials, or organisational documentation. By participating in Spectrum 3 INC activities, participants consent to the reasonable use of images, video, or recordings in which they may appear for these purposes unless they have notified Spectrum 3 INC in writing prior to participation that they do not consent. Spectrum 3 INC will take reasonable steps to respect requests where participants do not wish to be photographed or recorded. Nothing in this clause permits the use of media in a manner that would be misleading, defamatory, or otherwise unlawful. 52DATA PROTECTION AND PRIVACY Spectrum 3 INC collects, stores, and uses personal information, including contact details, participation records, medical disclosures, and other relevant information, for the purposes of delivering programs, ensuring participant safety, administering memberships, managing bookings, and complying with legal or regulatory obligations. Personal information will be handled in accordance with the Privacy Act 1988 (Cth) and any applicable privacy laws. Participants acknowledge that certain information may be shared with instructors, staff, volunteers, emergency services, or relevant service providers where reasonably necessary to ensure participant safety or deliver services. Spectrum 3 INC will take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. 53CHILD SAFETY AND SAFEGUARDING Spectrum 3 INC is committed to providing a safe environment for children and vulnerable persons. Participants, parents, guardians, volunteers, instructors, and visitors must comply with any child safety or safeguarding policies adopted by Spectrum 3 INC from time to time. Behaviour that may place a child or vulnerable person at risk will not be tolerated. Spectrum 3 INC may take appropriate action where safeguarding concerns arise, including removal from activities, reporting concerns to appropriate authorities where required, or restricting participation in programs to maintain a safe environment. 54VOLUNTEER PARTICIPATION 54.1Volunteers may assist with the delivery of Spectrum 3 INC programs, activities, events, and operations. Volunteers must comply with Spectrum 3 INC policies, safety instructions, codes of conduct, and safeguarding requirements. 54.2Volunteers acknowledge that their participation is voluntary and does not create an employment relationship unless otherwise formally agreed in writing. Spectrum 3 INC may refuse, suspend, or discontinue volunteer participation where required for safety, operational, or safeguarding reasons. 55PERSONAL PROPERTY DISCLAIMER 55.1Participants, volunteers, and visitors are responsible for their personal belongings while attending Spectrum 3 INC programs, events, or facilities. 55.2 Spectrum 3 INC does not accept responsibility for loss, theft, or damage to personal property brought onto the premises, including but not limited to clothing, bags, electronic devices, gaming equipment, sports equipment, or other personal items, except to the extent required under applicable law. 56TRANSPORT AND OFF-SITE ACTIVITIES 56.1From time to time Spectrum 3 INC may conduct activities, programs, events, or excursions outside its primary facility. 56.2Participants attending off-site activities acknowledge that additional risks may be present due to travel, unfamiliar environments, or third-party facilities. 56.3 Participants must follow the instructions of Spectrum 3 INC instructors, staff, or facilitators during such activities. Spectrum 3 INC is not responsible for the actions or policies of third-party venues, facilities, or transport providers used during off-site activities. 57INSTRUCTOR SUBSTITUTION 57.1Spectrum 3 INC may from time to time substitute instructors, facilitators, or program leaders where reasonably necessary due to illness, availability, scheduling changes, operational needs, or other circumstances. Instructor substitutions do not entitle participants to refunds or compensation. 58PROGRAM CHANGES 58.1Spectrum 3 INC may modify program structures, class formats, session content, schedules, equipment used, or program delivery methods where reasonably necessary for safety, operational efficiency, instructor availability, participant needs, or program improvement. Such changes do not constitute a breach of these Terms. 59PARTICIPANT MEDIA BEHAVIORS 59.1Participants must not publish, distribute, or share content relating to Spectrum 3 INC programs, staff, volunteers, participants, or activities in a manner that is misleading, defamatory, harassing, or otherwise harmful to individuals or the organisation. 59.2 This includes social media posts, recordings, online comments, or other digital communications. Spectrum 3 INC may take appropriate action where behaviour undermines the safety, reputation, or integrity of programs. 60FACILITY DAMAGE 60.1Participants are responsible for damage caused to Spectrum 3 INC property, equipment, facilities, or third-party premises through reckless, negligent, or intentional misuse. Spectrum 3 INC may recover reasonable repair or replacement costs where such damage occurs. 61INSURANCE DISCLOSURE 61.1Spectrum 3 INC may maintain certain insurance policies including public liability or other coverage relevant to its activities. Participants acknowledge that such insurance may be limited in scope and may not cover all personal injury, loss, or damage. 61.2Participants are responsible for maintaining their own personal insurance where appropriate, including private health insurance or ambulance cover. 62PANDEMIC AND PUBLIC HEALTH COMPLIANCE 62.1Participants must comply with any public health directions, government requirements, or organisational safety measures that apply to Spectrum 3 INC programs or facilities, including hygiene requirements, health screening, capacity limits, or other public health measures. 62.2Spectrum 3 INC may modify, suspend, or cancel programs where required to comply with public health requirements. 63WEBSITE AND ONLINE SERVICES 63.1Spectrum 3 INC may provide online services including booking systems, payment platforms, digital gaming programs, online communication channels, or website content. 63.2Participants using these services must use them responsibly and in accordance with any applicable rules or platform requirements. Spectrum 3 INC is not responsible for service interruptions, third-party platform issues, or technical failures beyond its reasonable control. 64CODE OF CONDUCT 64.1Participants, members, volunteers, and visitors must behave in a safe, respectful, and lawful manner at all times while participating in Spectrum 3 INC programs, attending Spectrum 3 INC facilities, or engaging with Spectrum 3 INC staff, instructors, volunteers, and other participants. 64.2Participants must follow all reasonable instructions given by Spectrum 3 INC instructors, staff, or authorised volunteers. Spectrum 3 INC may refuse, limit, suspend, or terminate participation where conduct is unsafe, disruptive, discriminatory, intimidating, or otherwise inconsistent with the safety and wellbeing of participants or the orderly operation of programs. 65ANTI-BULLYING AND HARASSMENT 65.1Spectrum 3 INC does not tolerate bullying, harassment, discrimination, intimidation, victimisation, or abusive conduct in any form, including verbal, physical, psychological, sexual, or online behaviour. This applies to interactions within programs, at facilities, during off-site activities, and in any online or digital environments connected to Spectrum 3 INC programs, including gaming platforms, messaging groups, and social media. 65.2Spectrum 3 INC may take appropriate action where bullying or harassment occurs, including removal from sessions, suspension, termination of participation, restricting access to programs, and reporting matters to appropriate authorities where required. 66SAFEGUARDING REPORTING 66.1Spectrum 3 INC encourages participants, parents, guardians, volunteers, and staff to report safeguarding concerns promptly, including concerns relating to children, vulnerable persons, unsafe behaviour, neglect, abuse, exploitation, grooming, or boundary violations. Reports may be made in writing or through other official communication channels nominated by Spectrum 3 INC from time to time. 66.2Spectrum 3 INC may take actions it considers reasonably necessary to protect participants and comply with safeguarding obligations, including escalation to relevant authorities where required. Participants acknowledge that Spectrum 3 INC may share relevant information with appropriate persons or agencies where reasonably necessary for safeguarding or legal compliance. 67LIMITATION PERIOD FOR CLAIMS 67.1To the extent permitted by law, any claim, complaint, demand, or legal proceeding relating to participation in Spectrum 3 INC programs, services, activities, events, facilities, or transactions must be commenced within twelve (12) months of the date the claim arose, or the date the participant became aware (or ought reasonably to have become aware) of the circumstances giving rise to the claim. 67.2 Nothing in this clause limits rights that cannot legally be excluded under Australian Consumer Law or other applicable legislation. 68SURVIVAL OF KEY OBLIGATIONS 68.1Termination, suspension, withdrawal, or cessation of participation does not affect any rights or obligations which by their nature are intended to survive, including clauses relating to liability, releases, indemnities, payment obligations, confidentiality, privacy, intellectual property, recording prohibitions, and dispute resolution, to the extent permitted by law. 69PERSONAL EQUIPMENT USE 69.1Participants may bring or use personal equipment at Spectrum 3 INC activities, including fitness items, martial arts gear, gaming devices, controllers, headsets, computers, accessories, or other personal items, only where permitted and only at the participant’s own risk. 69.2Spectrum 3 INC does not warrant that any personal equipment is safe to use within the facility or compatible with Spectrum 3 INC systems. Participants remain responsible for the safe condition, lawful use, and appropriate supervision of their personal equipment and accept responsibility for any loss, damage, injury, or disruption arising from its use, to the extent permitted by law. 70LOST CHILD AND SAFEGUARDING PROCEDURE 70.1Parents and guardians remain responsible for supervising children and ensuring safe drop-off and collection arrangements unless otherwise formally agreed in writing by Spectrum 3 INC. 70.2Where Spectrum 3 INC becomes aware that a child is unaccompanied, missing, lost, not collected at the expected time, or otherwise appears at risk, Spectrum 3 INC may take reasonable safeguarding steps, including contacting the parent or guardian using the most recent contact details provided, and where reasonably necessary contacting appropriate authorities or emergency services. Participants acknowledge that Spectrum 3 INC may take such steps in its discretion for child safety and safeguarding purposes. 71VOLUNTEER SCREENING AND ELIGIBILITY 71.1Spectrum 3 INC may require volunteers, instructors, facilitators, or other persons in certain roles to meet screening, eligibility, training, or compliance requirements, including but not limited to Working With Children Checks, reference checks, induction training, safeguarding training, and compliance with codes of conduct. 71.2Spectrum 3 INC may refuse, suspend, restrict, or terminate volunteer participation where screening is not completed, a clearance is not maintained, or where Spectrum 3 INC reasonably believes the person is unsuitable for the role for safeguarding, safety, or operational reasons. 72DATA RETENTION 72.1Spectrum 3 INC may retain personal information, participation records, medical disclosures, incident reports, attendance data, billing records, and other relevant records for as long as reasonably required for program delivery, safeguarding, insurance, dispute management, legal compliance, auditing, grant reporting, or operational purposes. 72.2Records may be stored electronically or in hard copy and will be managed in accordance with Spectrum 3 INC privacy and data protection obligations. Participants acknowledge that certain records may be required to be retained for minimum periods under applicable laws or funding requirements. 73RECORDING OF ONLINE SESSIONS AND DIGITAL PROGRAMS 73.1Where Spectrum 3 INC delivers online sessions or digital programs, including digital gaming or facilitated online participation, participants must not record, capture, stream, screenshot, reproduce, or distribute any part of the session or communication without prior written consent from Spectrum 3 INC and, where applicable, other participants. 73.2Spectrum 3 INC may operate approved monitoring, moderation, or platform controls to support participant safety, safeguarding, and program integrity. Unauthorised recording or distribution of online sessions may result in removal from digital programs and other action permitted under these Terms. 74PROGRAM CAPACITY LIMITS AND SUPERVISION RATIOS 74.1Spectrum 3 INC may set and enforce participant capacity limits, supervision ratios, eligibility limits, or session entry controls for any program, activity, class, or event where required for safety, safeguarding, facility constraints, insurance requirements, instructor availability, or operational reasons. 74.2Where a session is full, or where safe supervision cannot be maintained, Spectrum 3 INC may refuse entry, cancel a booking, reschedule participation, or impose additional conditions of attendance. Capacity limits and supervision requirements do not create an entitlement to refunds unless required by law. 75EMERGENCY EVACUATION AND SAFETY COMPLIANCE 75.1Participants, members, volunteers, and visitors must comply with all emergency procedures and safety directions at Spectrum 3 INC facilities and at any off-site venues, including evacuation instructions, assembly points, fire safety requirements, and directions issued by wardens, instructors, staff, building management, or emergency services. 75.2Participants must not obstruct exits, tamper with safety equipment, or behave in a manner that compromises emergency readiness. Spectrum 3 INC may remove participants who fail to comply with emergency or safety directions. 76ASSUMPTION OF RISK, WAIVER AND RELEASE (GENERAL) 76.1Participation in Spectrum 3 INC programs, activities, services, events, and use of facilities involves inherent risks that may result in injury, illness, property damage, or loss. 76.2These risks may arise from physical activity, contact activities, use of equipment, interactions with other participants, off-site environments, or unforeseen events. 76.3By participating, the Participant acknowledges and voluntarily assumes all such inherent risks to the extent permitted by law. 76.4To the maximum extent permitted by law, the Participant releases Spectrum 3 INC from claims, demands, or liability for injury, loss, damage, or expense arising from participation, except where caused by proven negligence of Spectrum 3 INC or where liability cannot legally be excluded. 76.5Nothing in this clause limits rights that cannot legally be excluded under Australian Consumer Law or other applicable legislation. 77EMERGENCY CONTACT AUTHORITY AND MEDICAL INFORMATION SHARING 77.1Participants must provide accurate emergency contact details and update them promptly where changes occur. 77.2Where Spectrum 3 INC reasonably believes emergency assistance is required, Spectrum 3 INC may contact emergency services and/or the Participant’s nominated emergency contacts. 77.3Participants authorise Spectrum 3 INC to share relevant information with emergency services or medical personnel where reasonably necessary to protect the Participant’s health or safety, including disclosed medical conditions, medications, allergies, and incident circumstances. 78PAYMENT DEFAULT, FAILED PAYMENTS AND DEBT RECOVERY 78.1If a payment method fails, a subscription payment is declined, or an invoice remains unpaid, Spectrum 3 INC may suspend participation, cancel bookings, restrict access to programs, or terminate membership until all outstanding amounts are paid. 78.2Participants remain responsible for all fees and charges incurred up to the date of suspension or termination. 78.3Spectrum 3 INC may charge reasonable administrative fees for failed payments or repeated payment rejection events, to the extent permitted by law. 78.4Where accounts remain unpaid, Spectrum 3 INC may take debt recovery action and the Participant may be responsible for reasonable costs of recovery, including agency fees and legal costs, to the extent permitted by law. 79CANCELLATION AND NO-SHOW POLICY (NON-NDIS) 79.1For non-NDIS services, casual bookings, membership sessions, and paid programs not covered by an NDIS Service Agreement, Spectrum 3 INC may apply a cancellation and non-attendance policy. 79.2Where a participant cancels late or does not attend a booked session, Spectrum 3 INC may charge the full session fee or treat the session as forfeited, except where Spectrum 3 INC decides otherwise in writing. 79.3Spectrum 3 INC may publish specific notice periods and cancellation terms for each program or booking type, and those published terms apply in addition to these Terms. 80SCOPE OF SERVICE / NOT THERAPY / NO CLINICAL ADVICE 80.1Spectrum 3 INC programs may support wellbeing, social participation, fitness, skill development, confidence, and community connection. 80.2Unless expressly agreed in writing, Spectrum 3 INC does not provide medical services, clinical therapy, psychological counselling, behavioural therapy, diagnostic services, or treatment plans. 80.3Participants remain responsible for obtaining independent clinical advice and following the advice of appropriate health professionals where required. 81REASONABLE ADJUSTMENTS AND OPERATIONAL LIMITS 81.1Spectrum 3 INC aims to provide an inclusive environment and may make reasonable adjustments to support participation where practicable. 81.2Participants acknowledge that adjustments may be limited by safety requirements, safeguarding obligations, staff availability, program capacity, supervision ratios, facility constraints, funding limitations, and operational resources. 81.3Nothing in this clause creates an entitlement to one-to-one supervision, specific staff, or unlimited modifications to program delivery. 82INDIVIDUAL SAFETY OR BEHAVIOUR SUPPORT PLANS 82.1Where Spectrum 3 INC identifies that additional safeguards are required to support safe participation, Spectrum 3 INC may require an Individual Safety Plan, Behaviour Support Plan, participant profile, risk plan, or similar document to be provided and/or agreed prior to ongoing participation. 82.2Participants and guardians must comply with agreed support strategies, boundaries, supervision requirements, and safety controls as a condition of participation. 82.3Spectrum 3 INC may suspend participation where required plans are not provided, are inaccurate, or are not followed. 83PROHIBITED ITEMS, CONTRABAND AND SAFETY SEARCH DISCRETION 83.1Participants must not bring items to Spectrum 3 INC facilities or activities that may reasonably create a safety risk, including weapons, illegal substances, hazardous materials, or items prohibited by law or facility rules. 83.2Spectrum 3 INC may refuse entry or require a participant to remove an item from the premises where reasonably required to protect safety, safeguarding, or compliance obligations. 83.3Where Spectrum 3 INC reasonably believes unlawful conduct may be occurring or an immediate safety risk exists, Spectrum 3 INC may contact authorities. 84CCTV, SECURITY MONITORING AND SITE SAFETY SYSTEMS 84.1Spectrum 3 INC facilities and/or common areas of the premises may be subject to CCTV or security monitoring for safety, safeguarding, incident response, insurance, and security purposes. 84.2Where CCTV or monitoring is in place, it is not continuously supervised and does not guarantee prevention of incidents. 84.3Any recorded footage may be accessed, used, or disclosed where reasonably necessary for safety management, investigation of incidents, safeguarding, legal compliance, or insurance purposes, in accordance with applicable privacy laws. 85HEALTH, HYGIENE, INFECTION CONTROL AND CLEANING COSTS 85.1Participants must comply with reasonable hygiene, cleanliness, and infection control requirements, including not attending where unwell in a manner that may present a risk to others. 85.2Spectrum 3 INC may refuse participation where a participant is unwell, where symptoms create a risk to others, or where hygiene requirements are not met. 85.3Where a participant or their guest causes contamination, damage, or a biohazard cleaning requirement through reckless or negligent behaviour, Spectrum 3 INC may recover reasonable cleaning, repair, and waste disposal costs to the extent permitted by law. 86WAITLISTS, PRIORITY ACCESS AND PROGRAM PLACEMENT DISCRETION 86.1Where programs have limited capacity, Spectrum 3 INC may operate waitlists, eligibility screening, trial periods, and placement processes. 86.2Spectrum 3 INC may prioritise placement based on safety considerations, safeguarding requirements, program suitability, participant needs, staffing ratios, funding conditions, or alignment with program objectives. 86.3Waitlisting does not guarantee placement and does not create an entitlement to a specific start date, time slot, or instructor. 87PARTICIPANT CREATED CONTENT, TESTIMONIALS AND PERMISSIONS 87.1During participation, participants may create content or materials, including written reflections, artwork, recorded achievements, gaming narratives, campaign materials, or similar outputs. 87.2Unless otherwise agreed, participants retain ownership of their personal creative works; however, participants grant Spectrum 3 INC a limited right to use non-identifying summaries or de-identified examples for program improvement, training, grant reporting, or educational purposes where reasonably required. 87.3Where Spectrum 3 INC seeks to publish identifiable participant content, testimonials, names, or stories for promotional purposes, Spectrum 3 INC will seek consent in writing where practicable. 88AUTHORISED PICK-UP LIST AND CUSTODY NOTICES 88.1Where a Participant is a minor, the parent or guardian may be required to provide a current list of authorised persons permitted to collect the child. 88.2Spectrum 3 INC may request reasonable identification before releasing a child to a person collecting them. 88.3Parents or guardians must notify Spectrum 3 INC in writing of any custody orders, parenting arrangements, or restrictions affecting collection of the child. 88.4Spectrum 3 INC may refuse release of a child where identity cannot be confirmed or where child safety concerns arise. 89LATE ARRIVAL, EARLY DEPARTURE AND SUPERVISION TRANSFER 89.1Participants are expected to arrive on time for scheduled sessions to ensure safe supervision and program continuity. 89.2Spectrum 3 INC may refuse late entry where participation could disrupt safety procedures, supervision ratios, or program delivery, however this is extremely unlikely for Neurodiverse participants, all participants should be aware people arriving or leaving early may occur. 89.3Participants who leave a session early must notify the instructor or supervising staff member. 89.4Where minors are involved, parents or guardians remain responsible for safe transfer of supervision when dropping off or collecting a child. 90DIGITAL PLATFORM RULES, MODERATION AND CHAT LOGS 90.1Where Spectrum 3 INC programs use digital platforms, communication channels, or gaming systems, participants must comply with platform rules and facilitator directions. 90.2Spectrum 3 INC may moderate communications and activities to maintain safety, safeguarding, and respectful behaviour. 90.3Where reasonably required for safety, safeguarding, or incident management purposes, Spectrum 3 INC may retain chat logs or relevant digital activity records. 91CYBER SAFETY AND DEVICE SECURITY (PERSONAL DEVICES) 91.1Participants using personal devices during Spectrum 3 INC programs must ensure their devices are safe, lawful, and free from malicious software. 91.2Personal devices must not be used in a way that disrupts programs, compromises the security of Spectrum 3 INC systems, or interferes with the participation of others. 92INCIDENT REPORTING AND COOPERATION 92.1Participants, members, volunteers, and visitors are encouraged to promptly report injuries, hazards, near misses, safeguarding concerns, or unsafe behaviour to Spectrum 3 INC staff or instructors. 92.2Participants may be asked to cooperate with reasonable incident response, investigation, or documentation processes where required for safety, insurance, safeguarding, or legal purposes. 93REMOVAL FROM PREMISES AND RE-ENTRY RESTRICTIONS 93.1Spectrum 3 INC may direct a person to leave the premises immediately where behaviour creates a safety risk, disrupts program operations, or breaches these Terms or applicable policies. 93.2Spectrum 3 INC may restrict or refuse future access to facilities, programs, or events where reasonably necessary to protect participant safety, safeguarding, or organisational operations. 94EXCURSIONS AND SEPARATE CONSENT FOR OFF-SITE ACTIVITIES 94.1Certain off-site programs, excursions, or community activities may require separate written consent or additional participation conditions. 94.2Participants attending such activities acknowledge that third-party venues or environments may introduce additional risks and agree to comply with all instructions given by Spectrum 3 INC staff or facilitators. 95STAFF, CONTRACTOR AND FACILITATOR SCREENING 95.1Spectrum 3 INC may require staff, instructors, contractors, and facilitators to meet screening and eligibility requirements appropriate to their role. 95.2These requirements may include background checks, safeguarding training, Working With Children Checks, reference checks, or other compliance measures reasonably required for participant safety. 96PARTNER AND SUBCONTRACTOR PROGRAM DELIVERY 96.1Where programs or activities are delivered in partnership with another organisation or through subcontracted facilitators, those partners may be required to comply with Spectrum 3 INC safety, safeguarding, and conduct expectations. 96.2Participants attending such programs remain subject to these Terms unless otherwise stated. 97REVIEW OR APPEAL OF PARTICIPATION DECISIONS 97.1Where participation is refused, restricted, or terminated, a participant may submit a written request for internal review where appropriate. 97.2The availability of an internal review process does not create an entitlement to reversal of a decision and remains at the discretion of Spectrum 3 INC. 98SECURE DISPOSAL OR DE-IDENTIFICATION OF RECORDS 98.1Where records are no longer required for operational, legal, safeguarding, or reporting purposes, Spectrum 3 INC may securely destroy or de-identify those records in accordance with applicable laws and privacy obligations. 99CONFLICT, AGGRESSION AND DE-ESCALATION EXPECTATIONS 99.1Participants must comply with reasonable instructions aimed at de-escalating conflict, aggressive behaviour, or unsafe situations. 99.2Spectrum 3 INC may remove a participant from a session or premises where behaviour creates fear, distress, or safety risks to others. 100SHARED FACILITIES AND AMENITIES USE 100.1Spectrum 3 INC provides limited shared amenities within the facility. 100.2Participants, staff, volunteers, and visitors must use these facilities respectfully and in accordance with the following conditions. 100.3TOILET FACILITIES 100.3.1The toilet facilities are shared and available for use by all staff, volunteers, and participants. 100.3.2Users must maintain reasonable cleanliness and hygiene and report any maintenance issues to Spectrum 3 INC staff where practicable. 100.4SHOWER FACILITIES 100.4.1A shower may be available within the facility; however, it is intended for emergency or safety-related use only. 100.4.2The shower is not available for general use by participants, members, or visitors. 100.5WATER COOLER 100.5.1A water cooler is provided for general use. 100.5.2Participants are encouraged to bring their own water bottles for hygiene and convenience. 100.6FRIDGE USE 100.6.1The facility fridge is not available for general participant use. 100.6.2The fridge may be used only by authorised staff or where specifically permitted by Spectrum 3 INC for program purposes. 100.7COMPUTERS AND COMPUTER EQUIPMENT 100.7.1Computers, gaming systems, and related equipment within the facility are provided for use in designated Spectrum 3 INC programs only. 100.7.2Participants must not use, access, or modify computer systems or equipment unless directed or authorised by Spectrum 3 INC staff or instructors. 101ACCEPTANCE OF UPDATED TERMS 101.1Where Spectrum 3 INC updates these Terms from time to time, participants will be notified through reasonable communication channels including email, website publication, online booking platforms, or written notice at the facility were reasonably practicable. 101.2Continued attendance, participation in classes, programs, activities, or use of Spectrum 3 INC services after such notice constitutes acceptance of the updated Terms to the extent permitted by law. Updated 05/06/2026