USE OF COUNCIL RESERVES FOR FITNESS GROUPS AND PERSONAL TRAINERS MANAGEMENT GUIDELINE

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1 MANAGEMENTGUIDELINE Reference Number Responsible Business Unit Responsible Officer Community Services General Manager Sustainable Communities Legislation Local Government Act 1999 Relevant Delegations Related Policies Management Guidelines Frameworks Link to Strategic Plan Chief Executive Officer Policy: Use of Council reserves for fitness groups and personal trainers policy Relevant Licence Objective Improve community health, safety and well being Date Adopted 8 September 2014 item Review Date September 2016 Previous Revisions N/A PURPOSE To provide a context for the management and use of Council reserves by fitness groups and personal trainers. Personal fitness is one of the Rural City of Murray Bridge s growing recreation trends. Personal training sessions in outdoor spaces are gaining popularity and it is important that these sessions are conducted in a safe manner to ensure the safety of the participants and trainer as well as the general public. The Rural City of Murray Bridge is committed to improve community health and wellbeing. This policy is intended to assist in delivering positive health outcomes for the community. OBJECTIVES To provide context for the management and use of Council reserves by fitness groups and personal trainers. To ensure that community use is the priority for Council reserves; to define the use, group size and type of activity performed by fitness professionals. To ensure that fitness professionals using Council reserves have the appropriate qualifications and insurance to reduce the risk on participants, other reserve users and Council. To provide a consistency in the management and use by fitness professionals of Council reserves. SCOPE This management guideline is to apply to all commercial fitness professionals that want to use community reserves for commercial gain. This management guideline is to be used to guide the management of all fitness groups and personal trainers. DEFINITIONS P a g e 1

2 The following definitions apply in this Operating Policy: Commercial means an activity that result in financial gain to the organiser of the activity. Council reserves means all local government land (except roads) that is owned by a council or is under the councils care, control and management. Council means the Rural City of Murray Bridge Permit Prescribes the terms and conditions of an approved fitness activity to be conducted on Council land Personal Trainer An individual who facilitates and/or assists others to participate in fitness training activities. REFERENCES Local Government Act 1999 RCMB Community Land Management Plans governing the approved uses and activities for all Council reserves Murray Bridge Sport Recreation Open Space Strategy Recreation SA, Code of Conduct for the use of local government land by commercial fitness groups & personal trainers, 2008 PROCEDURES Guidelines for the use of Council Reserve by fitness groups or personal trainers. 1. Background Personal fitness is one of the Rural City of Murray Bridge s growing recreation trends. Increasing numbers of commercial fitness groups, not for profit groups and personal trainers are using public reserves for structured recreational activities. Personal training sessions in outdoor spaces are gaining popularity and it is important that these sessions are conducted in a safe manner to ensure the safety of the participants and trainer as well as the general public. The Rural City of Murray Bridge is committed to improve community health and wellbeing. The effective management of community land by fitness groups and personal trainers is supported in this principle. The Local Government Act 1999 and supporting Rural City of Murray Bridge Council By-Laws regulate the use and management of local government land. Under this legislation sporting groups or commercial operators are required to seek a permit to undertake an organised fitness session or group training on a Council reserve. The need to regulate use of public reserves by organised or commercial fitness groups and personal fitness trainers has been identified. This guideline responds to this need, and has been developed to assist fitness professionals to plan and undertake outdoor fitness activities with dependentparticipants. 2. Purpose This guideline aims to: P a g e 2

3 Ensure equity of access to public parks and reserves Reduce the impact of commercial fitness activities on local government community land Minimise public liability concerns Provide a safe & enjoyable experience for participants. Support community health and wellbeing 3. Scope This Guideline is to apply to all commercial fitness professionals that want to use Council reserves for commercial gain. This policy is to be used to guide the management of all fitness groups and personal trainers. 4. Groups excluded from this management guideline This guideline does not apply to the following groups: Existing lessees of council buildings and land Local sporting clubs Local schools 5. Permissible fitness activities The permit issued covers the following types of fitness activities: Gym Session (an organised group using Council Gym equipment) Gym Session (with or without free weights, medicine balls, jump and balance activities) Aerobic activities (sprints, obstacle, speed and agility course) Yoga, tai chi, Pilates and any mat activity Circuit Training Boxing with pads A combination of any of the above Any other associated activities approved by Council. 6. Excluded activities Aggressive and intimidating activities that involves shouting, loud voice calls or instructions Activities involving amplified music or amplified audio (voice) equipment e.g. loud hailers Activities in playgrounds Groups over 20 Boxing and marital arts (unless covered by separate insurance) The use of logs, tyres, heavy ropes, any pieces of equipment that may damage the reserve (additional fitness equipment will be at the discretion of council). 7. Eligibility Fitness groups and personal trainers providing fitness services activities and/or instruction to people on Council reserves and receiving a commercial benefit must: Have relevant and appropriate qualification to hold such activities. A minimum of Certificate IV in fitness. Hold a current Senior First Aid & CPR Certificates Current public liability insurance policy to a minimum of $20 million Provide a sample of a typical outdoor fitness activity session plan & equipment used P a g e 3

4 Have a risk management plan (lighting, surface, equipment, weather) Provide a copy of a roster of your program/activities including: days of the week, times, equipment Emergency strategy/contingency plan (rain, lightning, heat, injury, transport) Communications plan to the group, in the event of an emergency Environmental impact statement land care, car parking, noise, waste. 8. Size of groups The Rural City of Murray Bridge will determine the size of the group in relation to the local government land being sought by commercial fitness groups and personal trainers. Commercial fitness groups with more than 20 participants will not be issued with a permit. 9. Allocation of permits A permit will be valid for one year and will authorise each trainer to use pre-allocated local government land and Council reserves for fitness activities in accordance with this Guideline on a non-exclusive basis. Applications for permits and the number of permits to be issued will be determined by council taking in account the following factors: Usage demand, intensity of use of the areas and times requested Number of approved trainers already using the area Other activities (passive and active) being undertaken in the area Type of activities to be undertaken and the potential impact on other users and neighbouring residents during the times requested Whether the activities will contribute to increasing congestion or user conflict in the area requested. In considering the above, council may decide to: approve an application and issue a permit issue a limited permit with restrictions on the number and types of activities, group size and the time and location of activities not approve the application. One trainer only may be authorised by council to operate at any one time under the permit issued. However, the authorised trainer can nominate a replacement person in case of illness or leave. In such cases, the trainer must notify the council within 24hrs of the scheduled session, quote the permit number and specify the replacement trainer. Alternatively, a company can nominate a number of trainer/s that will operate under the permit. The company must provide a roster listing the qualified trainers who will operate under the permit. Note: that only one authorised trainer can use the permit at any one time. All trainers must be insured and eligible to operate under the permit in accordance with this Guideline. Each permit issued will include confirmation of the type of activities to be undertaken, when and where these activities can take place, the number and size of groups, number of sessions and session times. 10. Permit fees Council resolved not to charge a fee at its council meeting 17 February 2014 until further research be undertaken. This clause will be reviewed in months. P a g e 4

5 11. General conditions The permit holder: 1. must ensure that they only provide the activities for which they are suitably qualified, insured and registered for under the conditions of the permit. 2. must manage the activities to minimise wear and tear on grassed areas (this includes rotating within the designated areas and/or alternating activities). 3. must comply with reasonable direction of Council Rangers and other authorised Council officers in relation to any unacceptable practices or, to display evidence of the permit in the prescribed manner 4. shall prior to commencing training, inspect the immediate area to ensure no hazards are evident and take appropriate action to remove those hazards or alternatively move the training site and, without undue delay, report to Council the hazard or any other hazardous matters observed during the training that may require Council s attention 5. shall not assign their rights under this permit or attempt in any other manner to transfer their rights under the permit to any other person, it being clearly understood that the permit is issued to a particular individual and is not transferable unless approved by Council in accordance with this Guideline 6. shall indemnify and hold the Council harmless from and against all damages, sums of money, costs, charges, expenses, actions, claims and demands which may be sustained or suffered or recovered or made against the Council by any person for any loss of life or injury or damage any person may sustain due to the negligent act of a trainer whilst conducting a training session 7. when conducting training on local government land and community land shall always conduct themselves in a proper and orderly manner and be considerate to other users and adjacent residents 8. shall conduct their activities so as not to dominate, monopolise and/or obstruct any stairways or pathways 9. must not create any noise from training activities that unreasonably disturbs other users and adjacent residents 10. shall not suspend any equipment from trees and/or structures in the public reserves 11. shall ensure that any exercise equipment used does not create any hazards or obstruction or be left unattended at any time 12. must ensure that any training group for which they are responsible, runs in single file when running in narrow areas or pathways P a g e 5

6 13. shall ensure that their clients do not step on or walk on or in any other way inappropriately use picnic tables and park furniture and shall leave the training area in the same condition it was at the commencement of training 14. shall not damage or destroy or cause or permit the injury, damage or destruction of any tree, shrub, fence, earthwork fixture or any other part or portion of the site. 15. shall take out and maintain in their name, for the duration of the term of the permit, Australian Prudential Regulation Authority (APRA) approved public liability insurance for a minimum of $20 million and produce documentary evidence of this at the time of application 16. shall agree that, notwithstanding any implication or rule of law to the contrary, the Council shall not be liable for any damage or loss that any trainer and their clients may suffer by the act, default or neglect of any other person or by reason of the Council failing to do something on or to the public space used 17. is only authorised to provide the training sessions specified in their permit and must not sell clothing or equipment or refreshments or any good, service or product 18. must not display any advertising signage including banners or A frame signs on Council s public reserves 19. will not promote the consumption or sale of alcohol. 20. will not promote any discriminating, insulting, offensive, threatening or vulgar behaviour or displays. 21. will not drive a vehicle on any part of a council reserve other than a defined carriageway without prior written approval from Council. 22. must not interfere with any Council approved or booked activity including but not limited to a wedding, birthday party, corporate BBQ, sport or sporting activity that is being carried out on any oval or reserve or part thereof and the trainer acknowledges that such a booking has priority over the trainer s use 23. will not drive spikes or stakes into the ground without specific direction from Council. 24. shall be responsible for satisfying all occupational health and safety legislation and regulations 25. shall be liable for any fees or levies required by WorkCover or any other public authority or statutory body. 26. shall be held responsible for damage and destruction which council deems has occurred in relation to the site or facilities. The permit holder will pay the full cost of repair of such damage incurred by Council. P a g e 6

7 27. Council does not and will not accept liability for any debts incurred by any trainer and shall not be in any way responsible for any property of a trainer or any other person that may be left on the land or for any loss of any such property by theft or otherwise. 28. Council may revoke the permit if the permit holder does not comply with the conditions of the permit. 12. Termination Council has the right to terminate its agreement with a trainer without notice if in its sole opinion it has determined that the trainer has failed to comply with reasonable direction of its staff or has breached the terms of the permit or the terms of the Guideline for the use of local government land by commercial fitness groups and personal trainers. A trainer whose permit has been terminated can appeal in writing to the General Manager Sustainable Communities. P a g e 7