Permit Application to use a Park, Reserve or Foreshore For Personal Trainers/Fitness Groups
(Excluding Greenmount Homestead)
Terms and conditions of permit for personal trainers/fitness groups
To outline procedures that all personal training groups and businesses must follow, in order to obtain a permit for permission to use parks and gardens in the Mackay Region.
All parks, reserves and gardens are an available resource to the local community. It is therefore important that all activities undertaken during a personal training session do not adversely impose on other park users, impact on nearby residents, deteriorate the quality or condition of the park by over using particular areas and that public infrastructure is not damaged in any way.
Each application approval will be valid for the current financial year, beginning 1st July. Once a permit has been issued it will authorise each trainer to use public open space for fitness training activities strictly in accordance with this policy. Any breach of this policy will possibly result in the session being ceased and possible cancellation of the permit without a refund of fees.
Terms and Conditions
- On application approval, the required fee (in accordance with current Mackay Regional Council Fees and Charges), must be paid in full prior to a permit being issued.
- The issued permit must be displayed during any fitness session (preferably on a portable “A” frame or small temporary table used for administrative purposes)
- Fitness sessions must be held between the hours of; Monday – Friday (excl. Public Holidays): 5:30am and 10:30am / 5:30pm and 8:00pm and Saturday, Sunday & Public Holidays: 7:00am and 9:30am / 5:00pm and 7:30p
- Council are not obligated to ensure amenities are open & available for use where sessions are held outside of usual business hours.
- No pegs or markers are to be put in the ground.
- No heavy structures such as lights, signage, park furniture (e.g. chairs or benches) or exercise equipment are to be used that may cause damage to the park surface or infrastructure.
- Noise restrictions – no loud music, loud speakers or mega phones are to be used during training sessions. Further, the noise from a personal training session should not be heard from outside the park.
- The minimal amount of distance that must be kept throughout personal training activities from other structures (excluding fixed fitness equipment) in a park is 10 metres. Further to this, no structures are to be used to carry out fitness activities/exercises. These structures may include but are not limited to:
- Playgrounds and related equipment
- Public toilets
- Sporting nets
- Park assets such as benches, tables and rotundas
- Eating areas such as cafe’s
- The minimal amount of distance that must be kept throughout personal training activities from residential properties is 50 metres.
- Ensure that clients do not use picnic tables and/or, park furniture to store any bags or equipment what would leave members of the public unable to utilise this facility.
- Training must not take place under tree canopies to prevent compaction of soil and damage to root systems.
- Fitness Trainers must manage the activities to minimise wear & tear on turfed areas.
- Fitness Classes/Activities are not permitted at any time in Car Parks.
- Fitness Trainers must conduct their activities so as not to dominate, monopolise and/or obstruct any stairways or pathways. Training groups for which the permit holder is responsible, must run/walk in single file on walking paths or narrow areas.
- The permit holder shall be responsible for the behaviour of class/client participants.
- The permit holder and all participants must comply with all applicable laws, council policies and guidelines.
- The class or activity must not cause any nuisance, disturbance, damage, inconvenience or obstruction to Council, residents or members of the public.
- No bookings will be made for the open space, so Council offers no guarantee or warranty that the public open space will be
- Available, and not already in use by another group
- Suitable for use
- The activity must not interfere with any Council approved or booked event/activity or Council scheduled works; this includes but is not limited to - a Wedding, Birthday Party, Corporate BBQ, Sporting Activity or any other event including upgrade or remediation works that is being carried out and the trainer acknowledges that such a booking has priority over the trainer’s use.
- Council may require access to the open space in relation to their usual activities. The permit holder will follow all direction by an Authorised Council Officer that may require the permit holder to cease, move or relocate activities during the required time.
- The permit holder will:
- Leave all parks and gardens in a tidy condition and shall immediately remove all rubbish into the receptacles provided.
- Not drive any vehicles within parks or gardens.
- Not use trees or structures for securing/suspending any items, equipment or signage.
- Report any damage caused to council property immediately and repair any damage to council property, gardens, park surfaces, trees or shrubs at their own expense.
- Not sell clothing, equipment or refreshments or any other goods or product without first obtaining relevant vendor permits from Councils Health & Regulatory Department.
- prior to commencing activities, inspect the area to ensure no hazards are evident and take appropriate action to remove any hazards or alternately move the training site to a more suitable location.
- Keep a log book of any accidents/injuries.
- Provide Mackay Regional Council with copies of the below documentation together with the application form:
- Professional trainer registration with Fitness Australia or equivalent body
- Current Senior First Aid Certificate
- Current Public Liability Insurance Certificate of Currency which indemnifies Mackay Regional Council against any claims for injury to persons or damage to property arising out of this permit to a minimum of $20 million for any individual claim which may be made.
- The permit holder will indemnify and keep Mackay Regional Council indemnified for and against all damages, actions, suits, claims, costs and demands, which may be made or recovered against the Mackay Regional Council by any person whatsoever in respect to any loss, injury (including death) or damage sustained whilst upon the Mackay Regional Council’s premises.
- Fitness Permits are issued on an individual “per trainer” basis and not “per company/business” – should an organisation have more than one trainer holding sessions in council parks, a separate permit will be required for each one.
- Fitness Permits are non-transferable. Permit Holders cannot assign their permit to another individual.