1. GENERAL
1.1 If the person using a Multi-Pass is a Minor, all people with parental responsibility for and guardians or caregivers of the participating person, or who accompany the participating person to a Location:
(a) agree to these terms and conditions in respect of the Minor and gives the releases and warranties set out in these terms and conditions;
(b) will, where applicable, procure the Minor to abide by these terms and conditions; and
(c) will ensure the Minor will wear fitted aqua nappies if they are not fully toilet trained.
1.2 If the participating person is a Minor, at least one person with parental responsibility for or who is the guardian or caregiver of the participating person must always accompany the participating person when at a Location. Under no circumstances is an accompanying person permitted to leave the aquatic centre whilst a Minor of 10 years or under that they are responsible for is swimming if doing so would mean there is no accompanying person supervising the Minor.
1.3 You must be 14 years old or older to use a Multi-Pass for group fitness.
1.4 By purchasing a Multi-Pass, you agree to the terms of the Agreement, and acknowledge and agree that you were provided with a copy of these terms and conditions, and you have read and understood them.
1.5 You acknowledge that the use of the Multi-Pass and your entitlement to access the Facilities and Services is governed by the terms of the Agreement.
2. USE OF MULTI-PASS
2.1 The Multi-Pass allows casual entry to the Facilities and Services and for the term specified in clause 4.1.
3. PAYMENT
3.1 You agree to pay the Multi-Pass Fees in accordance with these terms and conditions.
3.2 You may apply a Voucher or part of a Voucher to the Multi-Pass Fee. If the amount of the Voucher you apply is less than the Multi- Pass Fee, you will be required to pay for the gap.
3.3 If you do not use the Multi-Pass for any reason which is not due to the fault of Swan Active, any unused entries are forfeited and there are no credits or refunds.
4. ACCESS AND USE OF FACILITIES
4.1 Subject to payment of your Fees and your compliance with the terms of the Agreement, a Multi-Pass gives you the following access to the Facilities and Services for a period of 12 months from date of purchase until the Expiry Date:
(a) 10 casual pool entries for you at all Locations during the Opening Hours if the Multi-Pass is for swimming;
(b) 10 casual group fitness sessions for you at all Locations during the Opening Hours if the Multi-Pass is for group fitness; and
(c) 10 casual Creche entries for you at all Locations where creche facilities are available if the Multi-Pass is for the creche.
4.2 A multi-pass for swimming entitles you to a free entry on your 11th visit.
4.3 Only you can use the Multi-Pass. You may transfer the remaining entries on your Multi-Pass to any other person. Requests to transfer a Multi-Pass must be made in writing by providing 30 days’ notice and emailing Swan Active the details of the proposed transfer.
4.4 You may extend the Expiry Date of your Multi-Pass for a maximum period of 6 months by applying in writing to Swan Active.
4.5 You must present your Multi-Pass Token at:
(a) all relevant swipe points; and
(b) any time it is requested by a Swan Active staff member.
4.6 If you lose your Multi-Pass Token, you must obtain a replacement token and may be required to pay the Lost Token Fee.
4.7 Swan Active adopts a “first come, first served” rule in respect of all Facilities and Services, including the Crèche. Swan Active reserves the right to refuse entry to any person at any Location if that entry may exceed maximum capacity of that Location. The Multi-Pass does not give you a greater right to access Facilities and Services than any other , Swan Active member, or a person who is accessing Facilities and Services on a casual basis.
4.8 You agree to comply with the relevant “Conditions of Entry” at all times at any of the Locations.
4.9 You must at all times follow the safe operating procedures and instructions on the equipment and/or as directed by a Swan Active staff member.
4.10 You agree to only use the equipment for its intended purpose/s.
4.11 If you cause any damage to the Facilities and Services, you must notify a Swan Active staff member as soon as reasonably possible, and to the extent the damage is caused by your negligence or misuse of the Facilities and Services you agree to pay Swan Active upon demand the reasonable cost of repairing the damaged items or, if repair is not possible, replacement of the damaged items on a like-for-like basis.
5. ACKNOWLEDGEMENTS, WARRANTIES AND CONSENTS
5.1 You acknowledge that:
(a) your access to the Facilities and Services is not exclusive and must be shared with other users;
(b) the Facilities and Services may be closed for safety or emergencies or any event beyond our reasonable control;
(c) Facilities and Services are only accessible during Opening Hours, and Opening Hours may change without notice. Swan Active will use reasonable efforts to notify you of any changes to Opening Hours in advance of such changes, however you acknowledge that there may be times in which prior notice is unable to be provided;
(d) not all Facilities and Services may be available at all times or at all Locations.
5.2 You agree that the Multi-Pass Token is for your sole use only and must not be shared with any other person;
5.3 You warrant that, to the best of your knowledge, you are able to safely use any Facilities and Services and you have considered all necessary medical advice prior to accessing any Facilities and Services.
5.4 You agree it is your responsibility not to use any Facilities and Services that may have an adverse effect on any medical or physical condition you are aware that you have and acknowledge that Swan Active does not provide medical advice in connection with your use of the Facilities and Services.
6. CANCELLATION OF THIS AGREEMENT
6.1 Swan Active may cancel the Agreement immediately by providing written notice where Swan Active believes on reasonable grounds that you are not safely able to access or use the Facilities or Services or that your use of the Facilities or Services may result in sickness, injury or death to you.
6.2 If Swan Active cancels the Agreement under clause 6.1 above, you will be refunded the value of any unused entries.
7. LIABILITY
7.1 To the maximum extent permitted by law and to the extent not caused or contributed to by Swan Active, Swan Active will not be liable for any loss, theft or damage occurring to your personal items. Any personal items left or stored at a Location are left or stored at your own risk.
7.2 Vehicles parked in or around the vicinity of a Location are parked at your own risk and you agree to the maximum extent permitted by law and to the extent not caused or contributed to by Swan Active, Swan Active is not liable for any theft or damage occurring to vehicles or their contents.
7.3 You acknowledge and accept that while at a Location and while using the Facilities and Services, you are at risk of sustaining injury, permanent disability or death. Such risks may arise from:
(a) experiencing a medical event while using the Facilities and Services;
(b) slipping on wet flooring;
(c) colliding with other Members or patrons;
(d) engaging in strenuous exercise and activities; or
(e) incorrect use of the Facilities and Services.
7.4 You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
7.5 You acknowledge and agree that the risks contained in clause 7.3 are not exhaustive, and there are other unknown or anticipated risks from your use of the Facilities and Services that may result in injury, permanent disability or death.
7.6 You acknowledge that while Swan Active takes reasonable steps to ensure that the Facilities and Services are safe, there are some significant and inherent risks involved in your use of the Facilities and Services. To the extent not caused or contributed to by the negligence, default or omission of Swan Active, you assume all such risks, and agree that you are attending and using the Facilities and Services voluntarily and entirely at your own risk.
7.7 To the fullest extent permitted by law, you acknowledge that except to the extent that any injury, loss or damage is caused or contributed to by the negligence, default or omission of Swan Active, Swan Active is not liable to you for any injury, loss or damage sustained by you while you are under the supervision of a third-party service provider at the Facility (including any private service provider you engage directly).
7.8 You acknowledge that for Multi-Passes for group fitness, you must sign a waiver of liability form prior to accessing the Facilities and Services.
7.9 This clause 7 survives termination of the Agreement.
8. PRIVACY
8.1 Swan Active will hold, use and disclose your personal information in accordance with all applicable laws.
8.2 Surveillance
(a) For safety and security reasons we implement video and audio surveillance to monitor the Locations. Surveillance is limited to the entry and floor areas only within each Location.
(b) By purchasing a Multi-Pass, you acknowledge that when accessing a Location you will be subject to video surveillance and consent to such surveillance being taken and held by or on behalf of Swan Active.
9. COMPLAINTS
9.1 If you have any complaints regarding our service or any other issue regarding the Facilities and Services you may submit your complaint to Swan Active by sending your complaint in writing by completing a Customer Feedback Form available at reception or online, or by emailing the compliance to the relevant email address for the Location the complaint is in respect of.
9.2 Swan Active is only required to formally respond to any complaint made in accordance with clause 9.1.
9.3 After receiving a complaint made in accordance with clause 9.1, Swan Active will:
(a) make a record of your complaint and inform you that we have received and recorded your complaint as soon as possible after receiving a complaint; and
(b) undertake reasonable efforts to resolve your complaint quickly and fairly.
10. GOVERNING LAW
10.1 The Agreement is governed by and construed in accordance with the laws of Western Australia and the parties agree to submit to the non-exclusive jurisdiction of its courts.
11. NOTICES
11.1 Unless stated otherwise in the Agreement, any written notice required to be provided under the Agreement must be given to Swan Active in person, by email or post. A notice, approval, consent or other communication takes effect from the time it is received by Swan Advice unless a later time is specified in it.
11.2 A notice is taken to be received:
(a) in the case of hand delivery, on delivery;
(b) in the case of a posted letter, on the third clear Business Day after posting if within Australia, or the eight clear Business Day after posting if posted to or from a place outside Australia or from one state or territory in Australia to another; and
(c) in the case of email, when the email together with any relevant attachment is received into the recipient’s information system in readable form,
provided further that if the delivery, receipt or transmission would otherwise be taken to be received on a day which is not a Business Day or would be taken to be received after 4:00 pm on the Business Day, then the notice will be taken to be received at 9:00 am on the next Business Day.
12. WAIVER
12.1 If a party does not enforce a right under the Agreement at any time, it does not mean that the party may not do so in the future.
13. SEVERABILITY
13.1 Any term or any part of the Agreement that is or becomes illegal, void or unenforceable may be severed from the Agreement and the remaining terms or parts of the terms of the Agreement continue in force.
14. ENTIRE AGREEMENT
14.1 The terms of the Agreement constitute the entire agreement between the parties.
15. DEFINITIONS & INTERPRETATION
15.1 Definitions
In the Agreement, unless the context provides otherwise:
Administration Fee means a fee that reasonably reflects the administration costs incurred by Swan Active in administering the Agreement, and more specifically published here https://www.swanactive.com.au/prices/ .
Agreement means the contract between you and the City of Swan, the terms and conditions of which are set out in:
(a) these terms and conditions;
and
(b) Conditions of Entry.
Business Day means a day that is not a Saturday, Sunday, national public holiday or a public holiday in Western Australia.
Conditions of Entry means the “Swan Active Conditions of Entry” that are available on Swan Active’s website at https://www.swanactive.com.au/terms-and-conditions/conditions-of-entry/ and at reception at each Location.
Creche means the child-minding service operated from Swan Active Locations. For clarity, use of creche facilities is governed by the “Terms and Conditions for Swan Active Creche Facilities” that are available on Swan Active’s website: https://www.swanactive.com.au/terms-and-conditions/creche-terms-conditions/
Customer Feedback Form means the form available at reception at all Locations or online at https://www.swanactive.com.au/feedback-form/.
Expiry Date means the date being 12 months from the date of purchase of the Multi-Pass.
Facilities and Services includes any of Swan Active’s premises, swimming pool, and all bathrooms, and services, that you may use, in connection with the use of the Multi-Pass.
Fees means any and all Fees that may become payable under the Agreement, including but not limited to Administration Fees, Lost Token Fee and Multi-Pass Fees.
Location means one of the following premises operated by Swan Active:
(a) 3 Community Mews, Ballajura WA 6066 (Ballajura);
(b) 332 Benara Road, Beechboro WA 6063 (Beechboro); and
(c) 27 Gray Drive Midvale WA 6056 (Midland).
Lost Token Fee means the fee, published at https://www.swanactive.com.au/prices/, to cover the reasonable cost of replacing your lost Multi-Pass Token.
Minor means a person under the age of 18 and includes the person with parental responsibility for or the guardian or caregiver of that minor.
Multi-Pass means a maximum of 10 casual entries for either group fitness, pool or creche.
Multi-Pass Fees means the upfront fee payable for the multi-pass, as set out on the website at https://www.swanactive.com.au/prices/.
Multi-Pass Token means a token issued by Swan Active that allows you access to the Locations to use the Facilities and Services.
Opening Hours means the hours that each of the Facilities and Services are open for access, which may vary between Locations, days of the week, and public holidays. The hours are advertised within each Location and on the Swan Active website.
Swan Active means the City of Swan.
Voucher means a valid, non-expired voucher issued by the City of Swan or, if not issued by the City of Swan, accepted by Swan Active in its sole discretion.
You, you means the person issued with the Multi-Pass Token, and if the person is a Minor or a person who has a legal guardian, then 'you’ means that Minor or person who has a legal guardian and the person with parental responsibility for or guardianship of that Minor.
15.2 Interpretation
In the Agreement, unless expressed to the contrary:
(a) headings and bolding are for convenience only and do not affect the interpretation of the Agreement;
(b) the singular includes the plural and vice versa;
(c) if a word or phrase is defined, cognate words and phrases have corresponding definitions;
(d) a reference to:
(i) a clause or sub-clause refers to a clause or sub-clause of the Agreement;
(ii) a person includes a firm, unincorporated association, corporation, partnership or a government or statutory body or authority;
(iii) any document includes a reference to that document as amended, rectified or replaced form time to time and to any document so amending, rectifying or replacing the document; and
(iv) a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
(e) the meaning of a general word or phrase is not limited by specific examples introduced by “including”, “for example” or similar expressions.