GENERAL
1. By signing this Enrolment Form, you agree to these terms and conditions in respect of your child and give the releases and warranties set out in these terms and conditions.
ENROLMENT
2. You must inform Swan Active immediately upon becoming aware of any medical, physical or other disability or condition, either past or present, which may affect your child’s ability to safely access and use the Facilities and Services, including conditions or disabilities which may be affected or aggravated by, or which may result in any sickness, injury or death to your child as a result of, your use of the Facilities and Services. In the event you disclose such disability or condition, your access to the Facilities and Services may be subject to the requirements in clause 3.
3. If you disclose any medical conditions or disabilities, or if Swan Active otherwise suspects on reasonable grounds that your child may not be able to safely access the Facilities or Services, then your child’s ability to access the Facilities and Services is subject to your compliance with any requirement of Swan Active for you to:
(a) provide a medical certificate or other written confirmation from a doctor certifying that it is safe for your child to use the Facilities and Services; and
(b) provide a medical management plan for any severe medical conditions.
4. You may withdraw your child’s application if Swan Active requires you to provide any of things in clause 3.
PAYMENT
5. You agree to pay the Fees associated with the Program directly to your child’s School.
ACCESS AND USE OF FACILITIES
6. You agree to comply with the relevant “Conditions of Entry” at all times at any of the Locations.
7. Parents and guardians are permitted entry to a Location where their child is participating in Lessons subject to payment of a spectator fee. Parents and guardians must enter through the main entry.
AKNOWLEDGEMENTS, WARRANTIES AND CONSENTS
8. 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; and
(c) Facilities and Services are only accessible during Opening Hours, and Opening Hours may change without notice.
9. You warrant that, to the best of your knowledge, your child is able to safely use the Facilities and Services and you have considered all necessary medical advice prior to participating in Lessons.
10. 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 your child may have and acknowledge that we do not provide medical advice in connection with your child’s use of the Facilities and Services.
11. Except as disclosed at the time of applying for enrolment or at a later time under clause 2, you acknowledge and represent that to the best of your knowledge, your child does not have any medical, physical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to your child as a result of your child’s use of the Facilities and Services.
CANCELLATION
12. You may cancel your child’s enrolment in the Program by providing written notice to the School.
LIABILITY
13. 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.
14. 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 the theft or any damage occurring to vehicles or their contents.
15. You acknowledge and accept that while at a Location and while using the Facilities and Services, your child is 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 others;
(d) engaging in strenuous exercise and activities; or
(e) incorrect use of the Facilities and Services.
16. You acknowledge that any such injury may result not only from your child’s actions but from the action, omission or negligence of others.
17. You acknowledge and agree that the risks contained in clause 14 are not exhaustive, and there are other unknown or anticipated risks from your child’s use of the Facilities and Services that may result in injury, permanent disability or death.
18. You acknowledge that while every attempt is made to ensure that our Facilities and Services are safe, there are some significant and inherent risks involved in your child’s use of the Facilities and Services. You assume all such risks, and agree that your child is attending and using the Facilities and Services voluntarily and entirely at your own risk.
PRIVACY
19. Swan Active collects, uses, stores and discloses personal information for the purposes of administering and delivering the Program, ensuring participant safety, managing bookings and attendance, responding to incidents and emergencies, and complying with legal and operational requirements.
19.1 Swan Active will provide information about a participant's enrolment, attendance, progress and participation to the School, and may disclose personal information where required or authorised by law. Unless otherwise determined by Swan Active, communications regarding the Program will be provided through the School and parents or guardians should direct Program-related enquiries to the School in the first instance.
19.2 Swan Active manages personal information in accordance with the Privacy and Responsible Information Sharing Act 2024 (WA) and its Privacy Policy, which is available at www.swan.wa.gov.au/privacy.
20. 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) 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.
DEFINITIONS
Conditions of Entry means the “Swan Active Conditions of Entry Conditions of Entry” that are available on Swan Active’s website at and at reception at each Location.
Enrolment Form means the online ‘Swan Active In Term Swim School Enrolment Form’ completed by a student’s’ parent or legal guardian and submitted to Swan Active and accepted and approved by Swan Active. The Enrolment Form is available online at https://www.swanactive.com.au/swan-active-in-term-swim-school-enrolment-form/.
Facilities and Services includes any of Swan Active’s premises, swimming pool, and all bathrooms, and services, that School staff and students may use, in connection with participation in the Lessons. For clarity, the School’s enrolment does not include access to the spa or sauna, or any other facilities and services of Swan Active, club events or any other similar aquatic event or activity or Swan Active Holiday Swimming Program.
Fees means the Program Fees.
Lessons means the swimming lessons arranged between the School and Swan Active on the School’s request and confirmed in writing.
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).
Opening Hours means the hours that each of the Facilities and Services are open for access to the public, 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.
Program means the in term school-based swimming program for children from pre-primary to year 12 delivered by Swan Active at each Location.
School means the school that a student is enrolled in and that has registered to participate in the Program.
Swan Active means the City of Swan.