Terms & Conditions

Swan Active Membership Terms & Conditions

Effective November 28, 2018

Swan Active:  Ballajura, Beechboro and Midland (referred to as the “City”)

1. Membership
   • If you are less than 18 years of age, a parent or guardian must sign the declaration and enter into the membership on your behalf.
   • You agree to be a member of the Centre for the full period of the membership agreement on these terms and conditions.
   • Member name and contact details must be provided on the application form, which you must complete to apply.
   • Members will have a photo taken upon joining to identify the member to staff. You agree to this.
   • Your membership will be a direct debit membership.
   • You must submit a completed EziDebit Direct Debit Request Form. Direct Debit Memberships are also subject to the terms and conditions outlined on the EziDebit direct debit authorization form.
   • You must detail any medical circumstances of the member, either past or present, which may affect the ability to safely participate in the membership and use of facilities.

2. Payment
   • You must pay the fees associated with the membership.
   • Membership fees are subject to annual review.
   • Missed lessons and lost time are forfeited, there are no make-up lessons, credits or refunds.
   • The City will give you written email notice of any changes to membership fees or structures of relevant memberships.
   • Swim School Memberships are direct debit rolling contracts, which automatically renew until terminated in accordance with this agreement. Swim School Memberships do not end until terminated in accordance with this agreement.
   • A debit will be taken at the time of joining. Then, fortnightly payments will be debited from your nominated bank account each Monday. If payment falls due on a non-business day, then the direct debit will occur on the next working day.
   • Membership fees will continue to be debited from your account until the membership terminates in accordance with this agreement.
   • Annual Suspension Period: Direct debit fees will not be charged for a six (6) week period during December/January School holiday period, and membership access will be suspended. The start and end dates for this suspension period will be determined each year at the discretion of the City.
   • Public Holidays, Easter Saturday and Easter Sunday: Lessons will not be held on these days. Members whose lesson falls on these days will not be charged for that lesson/week in that debit period.
   • If one of your direct debit payments is dishonoured, then you will be notified via SMS text message. In this case, you must pay outstanding fees before access will be allowed to use services or facilities. Lost membership time will not be credited. You must pay outstanding fees within fourteen (14) days to avoid cancellation of your membership. If a second dishonoured payment occurs, your membership will be cancelled.

3. Access and use of Facilities
   • Swim School Memberships include the following access:
     1. The number of sessions applicable to the type (and fee) of membership selected on the Membership Form
     2. Pool entry for the member.
     3. Pool entry for one parent/caregiver accompanying the member.
     4. Entry for two spectators on the member’s lesson day

• Swim School Memberships do not include access for parents or care givers when the member is not present. With the exception of caregivers, Adult Swim School Memberships do not include pool entry for another adult.
• Swim School Memberships do not include access to Spa or Sauna, or any other facilities.
• Swim School Memberships do not include access to In-term Swimming, club events or any other similar aquatic event or activity.
• Swim School Memberships do not include access to the City of Swan Holiday Swimming Program.
• Holiday Program Lessons are separate from on-going swim school memberships. Upfront Payment is required and this includes access for the student, two spectators and aquatic access for one parent/caregiver on lesson day only.
• Class scheduling and availability is subject to change at the City’s discretion.
• Your access to facilities does not guarantee use of any specific program, service, facility or piece of equipment at all times. Availability is subject to use by other members, classes, programs and casual users.
• Only the member is entitled to use the membership, which is not transferrable to anyone else.
• You must present your membership card at:
  1. entry to the Centre on each visit to the Centre; and
  2. at any time a City staff member asks to see your membership card.
• If you lose your membership card, you must obtain a replacement card and pay the replacement fee.
• If you use facilities that you are not entitled to use under your membership you are in breach of this membership agreement.
• A first come rule will apply to all services and facilities where numbers exceed maximum capacity. You possess no greater right to facility or program access than a casually paying person.
• The Conditions of Entry apply to your use of the facility. The City may change the Conditions of Entry from time-to-time and will inform you of any changes.

4. Changes to your Membership
   • You must immediately inform the City of any changes to the information and contact details you provided to the City on the application form.
   • The City may change, modify or update Centre and Membership terms and conditions which may be relevant to your membership or use of the Leisure Centres.
   • The City will give you reasonable written email notice of any such changes, including the date that these changes come into effect.

5. Suspending Your Membership
   • You must complete and submit the Membership Suspension Form seven (7) days prior to the membership suspension period.
   • Swim School and Squad Membership Suspensions are only available in fixed periods of 7 days, 14 days, 21 days or 28 days.
   • The maximum suspension period (total of all suspension periods) allowed during a calendar year is twenty eight (28) days.
   • The membership will automatically come off suspension on the day requested at which time direct debit payments will resume immediately.

6. Ending Your Membership
   • The City may immediately cancel your membership by written notice if you breach any term of this agreement.
   • If you wish to cancel your membership you must submit a Membership Cancellation Form to the City stating that you wish to cancel your membership.
   • Cancellation by you becomes effective fourteen (14) days from your next financial direct debit payment, once written confirmation is received by the City.
   • Cancellations will not take effect whilst on time stop.
   • Any outstanding membership fees or other payments owed to the Centre will be debited directly to you prior to your membership being cancelled.
   • In the case of Holiday Swimming Program, you will be refunded:
     1. the fee paid in advance applied on a pro-rata basis to the remaining lessons; less
     2. a 20% Administration Fee applied to the unused balance.

7. Risk and Liability
   • By signing a City of Swan Swim School Membership agreement, you agree and warrant that the member and users:
     1. Are medically and physically fit to participate in the activity safely;
     2. Understand and accept the inherent risks involved in undertaking the activity;
     3. Indemnify and will keep indemnified the City of Swan to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with one’s membership and/or participation in any City of Swan activity.
   • While all efforts are made to ensure the safety of users, City of Swan takes no responsibility for injury to person or damage, or loss of property.

Swan Active Membership Terms & Conditions

Effective November 28, 2018
Swan Active: Ballajura, Beechboro and Midland (referred to as the “City”)
1. Cooling Off Period
1.1 A 48 hour cooling-off period applies to all members. During the cooling off period you can change your mind about becoming a member.
1.2 To terminate a membership agreement within the cooling-off period, you must submit a letter or email to the City saying that you do not wish to proceed with the membership.
The cooling-off period starts from the date and time that you enter into a membership agreement. If you cancel your membership during the cooling-off period, then your membership fees will be refunded, less any fees for services you used plus the current administration fee.
2. Membership
2.1 If you do not cancel your membership during the cooling-off period, then you agree to be a member of the Centre for the full period of the membership agreement on these terms and conditions.
2.2 Your membership entitles you access to the facilities and services specified in the application form and nominated and paid for in advance.
2.3 Your membership is for the term specified in the application form, which you must complete to apply.
2.4 Members will have a photo taken upon joining to identify the member to staff. You agree to this.
2.5 Your membership will be either an up-front payment membership (“Up Front Membership”) or a direct debit membership (“Direct Debit Membership”).
2.6 To use a Direct Debit Membership, you must submit a completed EziDebit Direct Debit Request Form. Direct Debit Memberships are also subject to the terms and conditions outlined on the EziDebit direct debit authorization form.
2.7 For Up Front Membership, you must complete a new membership application form to be filled out for every membership period.
2.8 All new members must complete a basic health questionnaire at time of joining prior to commencing unguided use of the gym. You must detail any medical circumstances, either past or present, which may affect your ability to safely participate in you membership and use of facilities.
2.9 If you are less than 18 years of age, a parent or guardian must sign the declaration and enter into the membership on your behalf. The minimum age to be a member is 16 years old.
3. Special Memberships
3.1 All applications for the Seniors Membership category are subject to approval by the City in its absolute discretion.
3.2 The Centre’s Senior Membership category is open to those individuals who:
1. Are 65 years of age and above; and
2. Are City of Swan ratepayer or resident; and
3. Hold a Seniors Card or Pension card.
3.3 Applicants must fill out the Seniors Membership Application form and supply copies of the documentation specified on the Seniors Membership Application form.
3.4 All other membership conditions apply to Seniors Memberships.
4. Payment
4.1 You must pay the fees associated with your membership.
4.2 Membership fees are subject to annual review.
4.3 The City will give you written email notice of any changes to membership fees or structures of relevant memberships.
4.4 Direct-Debit Memberships are rolling contracts, which automatically renew each month until terminated in accordance with this agreement. Direct Debit Memberships do not end until terminated in accordance with this agreement.
4.5 Monthly payments will be debited from your nominated bank account on the anniversary date at time of joining. If payment falls due on a non-business day, then the direct debit will occur on the next working day.
4.6 For Direct Debit Memberships, membership fees will continue to be debited from your credit card or account until the Direct Debit Memberships terminates in accordance with this agreement
4.7 If one of your direct debit payments is dishonoured, then you will be notified via SMS text message. In this case, you must pay outstanding fees before access will be allowed to use services or facilities. Lost membership time will not be credited. You must pay outstanding fees within thirty (30) days to avoid cancellation of your membership. If a second dishonoured payment occurs, your membership will be cancelled.
5. Access and use of Facilities
5.1 Your membership gives access to all City of Swan Leisure Centres for the relevant membership option purchased.
5.2 Your access to facilities does not guarantee you use of any specific program, service, facility or piece of equipment at all times. Availability is subject to use by other members, classes, programs and casual users.
5.3 Personal health and exercise consultations and personal exercise plans are included in the membership fee for gym members..
5.4 Only you are entitled to use your membership, which is not transferrable to anyone else.
5.5 You must bring and use a sweat towel for each visit to the gym and drying towel for each visit to the pool. No Towel = No Entry.
5.6 You must present your membership card at:
1. entry to the Centre on each visit to the Centre; and
2. at any time a City staff member asks to see your membership card.
5.7 If you lose your membership card, you must obtain a replacement card and pay the replacement fee.
5.8 At any time, the City in its absolute discretion may require you to provide a written confirmation from a doctor confirming your fitness to exercise and use the facilities.
5.9 If you use facilities that you are not entitled to use under your membership you are in breach of this membership agreement.
5.10 Not all facilities and programs are available at all centres.
5.11 A first come rule will apply to all services and facilities where numbers exceed maximum capacity. You possess no greater right to facility or program access than a casually paying person.
5.12 The Conditions of Entry apply to your use of the facility. The City may change the Conditions of Entry from time-to-time and will inform you of any changes.
6. Changes to your Membership
6.1 You must immediately inform the City of any changes to the information and contact details you provided to the City on the application form.
6.2 The City may change, modify or update Centre and Membership terms and conditions which may be relevant to your membership or use of the Leisure Centres.
6.3 The City will give you reasonable written email notice of any such changes, including the date that these changes come into effect.
6.4 To upgrade, you must complete and submit a Membership Alteration Form.
6.5 For Up Front Memberships, you may upgrade your membership access options at any stage of your membership. To upgrade, you must pay the ‘pro-rata’ difference between the cost of the original membership and the cost of the upgraded membership. The change will not be processed until this payment is made.
6.6 Membership downgrading is only available for rolling direct debit memberships
6.7 If you wish to upgrade or downgrade your Direct Debit Membership, then you are required to provide 30 days’ notice in writing through a completed Membership Alteration Form
6.8 Upfront members are able to apply to the Centre Management to permanently transfer any remaining time on their membership to another person. To request the transfer, you must submit a written request to Centre Management, using the Membership Transfer Form.
6.9 Transfers of memberships will be granted at the City’s absolute discretion.
7. Suspending Your Membership
7.1 The minimum suspension period for a membership is 30 days.
7.2 The maximum suspension period (total of all suspension periods) allowed during the term of the membership is 6 months for a 12 month Up Front Membership
7.3 The maximum suspension period (total of all suspension periods) allowed during a calendar year is 6 months for a Direct Debit Membership.
7.4 You must complete the Membership Suspension Form prior to membership being suspended.
7.5 For Up Front Memberships, the membership will automatically come off suspension on the day requested at which time the membership time will continue to expire.
7.6 For Direct Debit Memberships, the membership will automatically come off suspension on the day requested at which time direct debit payments will resume immediately.
8. Ending Your Membership
8.1 The City may immediately cancel your membership by written notice if you breach any term of this agreement.
8.2 If you wish to cancel your membership you must submit a membership cancellation form to the City stating that you wish to cancel your membership.
8.3 Cancellation by you becomes effective 30 days from your next financial direct debit payment, once written confirmation is received by the City.
8.4 Cancellations will not take effect whilst on time stop.
8.5 In the case of a Direct Debit Membership:
1. No cancellation fees apply;
2. Scheduled direct debit payments will continue during the 30 day cancellation period.
3. Any outstanding membership fees or other payments owed to the Centre will be debited directly to you prior to your membership being cancelled.
8.6 In the case of Up Front Membership, you will be refunded:
1. the membership fee paid in advance applied on a pro-rata basis to the remaining term of your membership; less
2. a 20% Administration Fee applied to the unused balance.
9. Risk and Liability
9.1 By signing a City of Swan Leisure Centre membership agreement, you agree and warrant that you:
1. Are medically and physically fit to participate in physical activity safely;
2. Understand and accept the inherent risks involved in undertaking physical activity and various forms of exercise;
3. Indemnify and will keep indemnified the City of Swan to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with one’s membership and/or participation in any City of Swan activity.
9.2 While all efforts are made to ensure the safety of users, City of Swan takes no responsibility for injury to person or damage, or loss of property.

Swan Active Kids Coaching Terms & Conditions

I understand that while all efforts are made to ensure the safety of users, City of Swan takes no responsibility for injury to person or damage, or loss of property. Missed lessons and lost time are forfeited, there are no make-up lessons, credits or refunds unless special circumstances prevail and a 20% administration fee applies on any refund. By signing you acknowledge that you have understood and agree to abide by the Swan Active Conditions of Entry and Terms and Conditions.