Conditions of Entry

CONDITIONS OF ENTRY

EFFECTIVE 8 MAY, 2024

General

Purposes / Objectives

1. To establish the conditions of entry of each person (Patron) into the City of Swan leisure centres (including all buildings, grounds and facilities) located at:

(a) 27 Gray Drive, Midvale WA 6056 (Swan Active Midland);
(b) 3 Community Mews, Ballajura, WA 6066 (Swan Active Ballajura);
(c) 332 Benara Road, Beechboro WA 6063 (Swan Active Beechboro); and
(d) 107 Verbana Drive, Aveley WA 6069 (Ellenbrook Sports Hub),
(collectively Swan Active Centres and each one a Centre).

2. To establish the conditions of entry of each Patron to the following schools (including all buildings, grounds and facilities):

(a) Holy Cross College located at 18 Strathmore Pkwy, Ellenbrook WA 6069; and
(b) Swan Valley Anglican School located at Swanleigh Parade, Aveley WA 6069,
(collectively the Schools and each one a School).

Formation of an Agreement

3. This document sets out the Conditions of Entry applying when a Patron enters each Centre and each School (Conditions). However, the Conditions from:

(a) clauses 6 to 81 are applicable only to entry to a Centre; and
(b) clauses 82 to 107 are applicable only to entry to a School.

4. By entering into a Centre or a School, the Patron agrees to be bound by the Conditions.

Amendments

5. Any amendments to the Conditions will be published on the City of Swan’s website (https://www.swanactive.com.au/terms-and-conditions/conditions-of-entry/) and notified at the entry point of each Centre and will include the date that the amended terms will be effective from, which will not be less than 20 Business Days from date of publication.

Conditions of Entry to Swan Active Centres

6. Any Patron not observing any of the Conditions may be asked to leave the relevant Centre, and if a Patron refuses to leave, then the City of Swan may remove the Patron and prohibit that Patron from re-entering or using any of the facilities and/or services at one or more of the Centres in its sole discretion (Suspension Order).

7. In accordance with the City of Swan local laws, the Centre management may issue a Patron with an infringement notice setting out a penalty for breaching any one or more of the Conditions.

8. Any person who knowingly and deliberately breaches a Suspension Order risks further suspension orders or restraining order as appropriate.

9. All offenders including first offenders will be penalised to avoid claims of bias or preferential treatment.

10. It should be noted that all such decisions made from time to time by Centre management are made in the interest of public health and safety to maximise the enjoyment of each Centre’s facilities and/or services by the wider public.

Entry

11. Centre management may refuse entry to any Patron, or request any Patron to leave, a Centre:

(a) who appears to be suffering from any contagious, infectious or cutaneous disease, condition, sickness or complaint;
(b) who is in breach of these Conditions;
(c) to protect the health and safety of that Patron, any other Patron or City of Swan staff member;
(d) in the case of an emergency;
(e) in compliance with any statutory or other legal obligation that applies;
(f) who acts or engages in any activity which could cause damage to any of the facilities;
(g) who does not follow any reasonable instruction or direction given to them by a City of Swan staff member concerning use of the Centre facilities.

12. A Patron may be required and must pay any published applicable entry fees, including any spectator fees, before entry into a Centre will be granted.

13. A spectator fee applies to all non-swimming Patrons who are 10 years or older to enter an aquatic facility of a Centre.

14. A Patron that is 16 years or over is required to pay the adult entry fee, unless a valid concession card is shown at the time of entry.

15. A Patron may be eligible for a concession discount on an entry fee if the Patron is a holder of a current Seniors Card, Government Pension Card, Veteran’s Affairs Card, Health Care Card or Student Card and presents that concession card together with identification document upon request.

16. If a Patron holds a companion card issued by National Disability Services (Companion Card), they may present the Companion Card to Centre staff to gain free entry for one support worker or caregiver accompanying them. Free entry is provided to the support worker or caregiver for the sole purpose of assisting the Patron.

17. No Patron may enter the Centre to carry out any form of commercial or business activity without the express prior written consent of the Centre management, which consent may be withheld.

Risk and Liability

Each Patron granted entry to a Centre acknowledges and agrees that they will enter the Centre and participate in the programs, use the equipment or take advantage of the services offered at the Centre at their own risk and the City of Swan is not liable for any loss suffered by a Patron to the maximum extent permitted by law.

19. Each Patron granted entry to a Centre acknowledges and agrees that:

(a) engaging in sport, fitness or other recreational activities carries an inherent risk of injury;
(b) they will only participate in sporting, fitness or recreational activities when they are fit to do so;
(c) they will take reasonable care not to injure themselves or others when participating in sport, fitness or other recreational activities at the Centre; and
(d) if the Centre includes a pool, there is a risk of slipping and falling on wet surfaces in or near the pool (including any diving boards) and changing rooms and Patrons will take care when moving around the pool and in other wet areas such as changing rooms.

20. Furthermore, to the maximum extent permitted by law, each Patron indemnifies the City of Swan, its management, staff and all contractors (Indemnified Person) from all claims for loss, damage or injury which may be sustained by an Indemnified Person in connection with the Patron’s use of the Centre. The Patron is not required to indemnify each Indemnified Person in respect of any amount which arises from any mistake, fraud, negligence or willful misconduct by the City of Swan or any officer, employee, contractor or agent of the City of Swan.

Waiver of liability – pool and aquatic facilities

21. By entering a Centre’s pool, pool area or aquatic facilities, you waive all liability the City of Swan and its officers, agents and employees may have to you and release the City of Swan and its officers, agents and employees from all liability arising out of or in connection with:

(a) any event which may occur while you are present in the pool, pool area or aquatic facilities; or
(b) any event which results in any loss or damage to property;
except if the event, loss or damage is caused by the negligence of City of Swan or its officers, agents or employees or a breach of the Australian Consumer Law.

22. By entering a Centre’s pool, pool area or aquatic facilities you waive all liability the City of Swan and its officers, agents and employees may have to you and release the City of Swan and its officers, agents and employees from all liability arising out of or in connection with any injury (including death) being suffered or occasioned to you or any person in your care and control except:

(a) if the accident, injury or loss is caused by the City of Swan’s negligence; or
(b) in relation to the claims for significant personal injury suffered by a person that is caused by the reckless conduct (as defined in section 139A of the Competition and Consumer Act 2010) of the City of Swan and its officers, agents and employees.

23. You acknowledge that while every attempt is made to ensure that our pools, pool areas and aquatic facilities and services are safe, there are some significant and inherent risks involved in your use of the pools, pool areas and aquatic facilities which may result in injury, permanent disability or death. You assume all such risks, and agree that you are attending and using the pools, pool areas and aquatic facilities voluntarily and entirely at your own risk.

Bikes, Scooters, Skate Boards, Roller Skates and Roller Blades inside the Centre

24. Bikes, scooters, skate boards, roller stakes roller blades and any other similar item are not permitted to be used within the Centre or left in the foyer, or in the change rooms of a Centre. Bike racks are available outside the entrance to the Centre and should be used to secure any bike, scooter, skate board, roller stakes, and/or roller blades that cannot be placed within a bag and carried into a Centre.

Lost / Stolen Property

25. To the maximum extent permitted by law, the City of Swan is not liable for any loss suffered by a Patron due to any lost or stolen property, including personal property or property to hire groups, contractors, schools or other individuals.

26. Any lost property handed into Centre management will be logged at reception. All claims for lost property must be made in person, according to the lost property procedure available at https://www.swanactive.com.au/terms-and-conditions/terms-and-conditions-lost-property-procedure/.

27. For health and safety reasons, beauty and body cleaning products, food, food containers, drink bottles, bathers, underwear and socks will be disposed of within 24 hours.

28. Valuable items such as phones, wallets, watches, jewellery, cash, credit cards, identification cards and keys will be stored in the Centre’s safe. Once a month the City of Swan will deliver to the local police station any unclaimed valuable items in the Centre’s safe at that time..

29. If any other items of lost property not referred to in clauses 6 and 7 above is not claimed within 2 weeks of the City of Swan recording the lost property, that property will be given to a not for profit organisation of the City of Swan’s choosing to sell as the not for profit organisation sees fit.

30. Each Centre has lockers for Patron use, which are used at that Patron’s own risk. Lockers will automatically be reallocated after the locker hire time has expired. Centre staff will not hold or look after your personal items for you (even if there are no available lockers).

Age

31. The Centre has several age restrictions to programs and facilities for the safety of all Patrons. For this reason, a Patron may be requested to prove their age and should carry identification at all times when entering or within a Centre.

Centre

32. Children under the age of 10 years must be accompanied and supervised by a person aged 16 years or over, at all times within the Centre.

Gym

33. Unless a Patron has entered into a Swan Active Membership, a Patron must be 18 years or over to enter the gym on a casual basis. The Patron must sign the waiver register prior to paying for the casual entry fee.

Fitness Classes

34. Patrons must be 14 years or over to participate in fitness classes. Patrons between 14 -18 years must be accompanied by a parent or guardian to participate in fitness classes on casual basis. The parent or guardian must sign the waiver register prior to purchase of the casual entry.

Pool

35. Children under the age of 5 years must be accompanied and adequately supervised within arm’s reach by a full fee-paying person whom is at least 16 years of age. If the child is in
the water, the supervising Patron must also be in the water. Children under the age of 5 years will be admitted free with a full fee-paying person.

36. Children under the age of 5 years must wear a wrist band so they are easily identified by pool staff. Unsupervised children will be removed from the water for their own safety.

37. A Patron supervising a child under the age of 10 years but over the age of 5 years must maintain a clear view of that child in the water, with no physical or structural barriers between them. This means that the supervising Patron may have to continuously move to maintain this view.

38. Groups of children under the age of 10 years will not be admitted to City of Swan facilities where the number of supervising parents and guardians exceeds the ratio of 1:4. A ratio of 1:10 may be allowed for organised programs that are booked in advance.

39. In the interest of Patron safety, age and swimming ability restrictions may apply from time to time for special features such as pool inflatable, tarzan rope, turbo pool, leisure pool blowers and other features at the Centre. Centre management has sole discretion to restrict access to special features as they see fit.

40. Spa/Sauna: Patrons 16 years and over are only permitted in this area for safety reasons. A wrist identification band must be worn.

41. Change rooms: Boys five years and above are not permitted entry to female designated change rooms. Girls five years and above are not permitted entry to male designated change rooms.

Supervision

42. Support workers, caregivers and any person accompanying a Companion Card holder must provide the Patron they are accompanying the appropriate level of supervision and take all reasonable steps to ensure the Patron uses the Centre facilities safely. This includes but is not limited to accompanying the Patron in the pool and spa.

43. Support workers, caregivers and any person accompanying a Companion Card holder must at all times remain close to the Patron they are accompanying and must refrain from using Centre facilities for any purpose other than assisting the Patron.

Signage and Unauthorised Access

44. Patrons must comply with all reasonable signage around the Centre.

45. There are areas in the Centre that are not available for access by Patrons. These areas are behind locked doors, or are signed as access by staff or authorised persons only. Patrons must not attempt to access these authorised personnel only areas.

Glass and Sharp Objects

46. Other than drink bottles or containers storing food, or devices for medical purposes, other glass and dangerous sharp objects are not permitted to be brought into the Centre.

47. Centre management may reasonably refuse entry to any Patron that is carrying an object that is prohibited under clause 6.

Bag Checks

48. Centre management reserves the right to conduct random bag checks or obligatory checks on all bags if in their reasonable opinion there is a risk to the health, safety and wellbeing of other Patrons.

Mobile Phones, Cameras and Video Cameras

49. Mobile phones, cameras, video cameras and recording devices are not permitted to be used for any purpose in change rooms or toilets facilities. Permission must be obtained from Centre management and any person or parents and guardians of children if they appear in any photos or recordings.

Alcohol and other Drugs

50. Except with the written consent of the Centre management (which consent may be reasonably withheld), no intoxicating substance is to be consumed in the Centre. If consent is granted the intoxicating substance must be consumed within the designated area.

51. No Patron is to be in the possession of any intoxicating substance while in the Centre without the written consent of Centre Management. If consent is granted, the intoxicating substance must not be consumed outside the designated area.

52. No illicit substance is to be consumed in the Centre, and no Patron is to be in the possession of an illicit substance while in the Centre.

53. Patrons under the influence of, or suspected to be under the influence of, any intoxicating substance or illicit substance while at the Centre will not be permitted to enter the Centre or will be asked to leave the Centre.

Anti-Social Behaviour

54. Abusive behaviour, harassment (of any nature) or such similar behaviour will not be tolerated within the Centre. Patrons displaying such behaviour towards staff members or other patrons will be asked to leave the Centre. Examples of such behaviour include causing or threatening to cause harm, shouting, yelling, invasion of personal space, physical or verbal threats, profanities and personal insults or such similar anti-social behaviour that is determined to be aggressive, intimidating or discriminatory.

Vandalism and Physical Abuse

55. Patrons must not commit any acts of vandalism or physical abuse. Any acts of vandalism or physical abuse will result in automatic suspension from the Centre and may result in legal proceedings being commenced against that Patron.

Showering

56. Patrons are required to shower before using the aquatic facilities to remove any dirt, lotions, cosmetic products or similar product.

57. Please limit time in showers to three minutes.

Pool Etiquette

58. Patrons must observe pool etiquette at all times as indicated on signage within the Centre, including keeping to the left of lanes and in single file, using lanes and other areas allocated for their specific activity, keeping left of the turning blocks when resting and not interfering with other Patrons’ use of the pool.

Gym Etiquette

59. Patrons must observe gym etiquette at all times as indicated on signage within the Centre, including correctly using and safely handling weights and equipment, returning weights to weight storage benches after use, wiping down equipment with a sweat towel or wipes after use, and being aware of the needs of other Patrons by allowing use of equipment between sets (i.e. “work in” – share the equipment while resting).

Program and Centre Use

60. Patrons are required to observe programs conducted at the Centre (whether operated by the City of Swan or operator of a program), and not do anything which disturbs, disrupts or interferes with these programs. Deliberate interference of any programs or booked space may result in the removal of the Patron from the Centre. The operating times of programs and hire groups at the Centre will be at the discretion of the Centre management.

61. Private coaching, teaching or instructing of Patrons that is deemed by Centre management to be in conflict with Centre run programs are not permitted within the Centre. This includes but is not limited to swim teaching, swim coaching, and personal training.

62. Fitness class timetables and scheduling are subject to change with reasonable notice, except in the case of an emergency situation.

Clothing Restrictions

63. Patrons are required to wear appropriate clothing, as deemed by the Centre. Patrons with clothing deemed inappropriate will be asked to leave the Centre. The Centre is a family centre and Centre management has the sole right to determine appropriate attire.

Gym

64. Examples of appropriate attire for wearing in the gym include but is not limited to closed in shoes, shorts, leggings, tracksuits, and T-shirts.

65. Each Patron is required to bring their own towel(s) for use in the gym.

Fitness Classes

66. Examples of appropriate attire for wearing during a fitness class includes, closed in shoes, bike pants, shorts, tracksuits, and T- shirts.

67. Each Patron is required to bring in their own towel(s) for use during a fitness class.

Pool

68. Clothing designed for an intended use in an aquatic environment and is fit for purpose must be worn. Bathers, rash shirts, burkini’s and board shorts are deemed appropriate. Jeans, dresses, long flowing clothing, underwear, sportswear and non-specific aquatic footwear may be deemed inappropriate.

69. This will not apply to Swimming and Life Saving classes where the assessment process requires evidence of the candidate being able to tread water, swim or perform a rescue in street clothing; under strict supervision.

70. Clean T-shirts being worn for modesty or sun protection may be allowed at the discretion of Centre management.

71. Patrons may wear clothing for medical or religious reasons. The items of clothing must be lightweight, in clean condition, not pose a safety hazard to the wearer of the garment, other users of the water body or facility staff performing a supervisory role.

72. Parents supervising young children in accordance with the “Watch Around Water Parental Supervision Program” who are in shallow water (ankle to calf deep) may wear normal street clothing, excluding non-specific aquatic footwear.

73. Babies or young children that would ordinarily wear a nappy for any part of their day must wear an aqua nappy when in and around all aquatic facilities in the Centre.

74. Patrons who may experience loss of bowel control and/or that would ordinarily wear a nappy for any part of their day must wear an aqua nappy or sealed bathing attire that will capture faecal matter.

Use of Facilities

75. Not all facilities will be available to patrons at all times.

76. Availability of services and facilities is subject to Centre run programs, booking arrangements and hire groups.

Administration of Conditions of Entry

77. If a Patron wishes to appeal any Suspension Order or issued infringement notice they may do so in writing, to Centre management giving as much supportive detail as possible (including time, date, witnesses etc.).

78. Centre management will consider your appeal and notify you of their decision as to that appeal.

Smoking and Vaping

79. The Centres are non–smoking and non-vaping venues. Smoking and vaping are not permitted within the indoor or outdoor areas of each Centre.

80. Smoking and vaping are not permitted within five (5) metres of the premises of each Centre.

Animals

81. No animals or pets are permitted in the Centre, with the exception of guide dogs or any such other animal permitted by law.

Conditions of Entry For Holy Cross College and Swan Valley Anglican Community School

82. Any Patron not observing any of the Conditions may be asked to leave the School, and if a Patron refuses to leave, then the City of Swan may remove the Patron and prohibit the Patron from re-entering or using any of the facilities and/or services at the School in its sole discretion.

Entry

83. Patrons must only access areas of the School and use facilities that are designated for the activity or program in which they are participating in or are a spectator of.

84. Patrons must arrive and leave directly before and after the program times. Patrons must not loiter at the School before or after the program running time.

85. The City of Swan may request any Patron to leave the School:

(a) who is in breach of these Conditions, or has breached a Condition previously;
(b) to protect the health and safety of that Patron or any other person;
(c) in the case of an emergency;
(d) in compliance with any statutory or other legal obligation that applies;
(e) who acts or engages in any activity which could cause damage to any of the facilities;
(f) who does not follow any reasonable instruction or direction given to them by the City of Swan concerning use of the School facilities;
(g) if a Patron is under the influence of, or suspected to be under the influence of, any intoxicating or illicit substance while at the School;
(h) who is carrying an object that is prohibited under clause 91.

86. No Patron may enter the School to carry out any form of commercial or business activity without the express prior written consent of the City of Swan, which consent may be withheld.

87. Bikes, scooters, skate boards, roller stakes roller blades and any other similar item are not permitted to be used at the School. Patrons must ensure any bike, scooter, skate board, roller stakes, and/or roller blades are secured while they are at the School.

88. Other than drink bottles or containers storing food, or devices for medical purposes, other glass and dangerous sharp objects are not permitted to be brought onto the School.

Supervision

89. Patrons who are accompanied by a support worker or carer must be provided the appropriate level of supervision.

90. Children must be supervised by their parents/guardians or other responsible adult at all times while at the School.

Alcohol and other Drugs

91. No intoxicating or illicit substance is to be consumed within the School.

92. No Patron is to be in the possession of any intoxicating or illicit substance while at the School .

93. No smoking or vaping is permitted at the School.

Parking

94. Patrons must park in the designated car park areas only. Parking of any type of vehicles on the grassed areas of the School is not permitted.

95. Any Patron found parking on any grassed areas at the School is liable for any costs, expenses, liabilities suffered or incurred by the City of Swan or the School to repair any damage caused to the grass including but not limited to damage to reticulation or gardens.

Behaviour

96. Each Patron must abide by any applicable laws or regulations that apply in connection with the use of and attendance at the School, including not creating any excessive noise or causing a nuisance to nearby residents of the School.

97. Abusive behaviour, harassment (of any nature) or such similar behaviour will not be tolerated at the School. Patrons displaying such behaviour towards staff members or other attendees will be asked to leave the School. Examples of such behaviour include causing or threatening to cause harm, shouting, yelling, invasion of personal space, physical or verbal threats, profanities and personal insults or such similar anti-social behaviour that is determined to be aggressive, intimidating or discriminatory.

98. Patrons must not commit any acts of vandalism or physical abuse. Any acts of vandalism or physical abuse will result in automatic suspension from the School and may result in legal proceedings being commenced against that Patron.

99. Patrons must place all rubbish in the bins provided.

100. Each Patron is liable for and responsible for any reasonable costs that the City of Swan and the School may incur in repairing or replacing any damaged or destroyed building, fixture, property or injury to another Patron as a result of the Patron’s acts or omissions, including but not limited to additional cleaning costs that are a direct result from the Patron’s actions such as littering.

Mobile Phones, Cameras and Video Cameras

101. Mobile phones, cameras, video cameras and recording devices are not permitted to be used for any purpose in change rooms or toilets facilities. Permission must be obtained from the City of Swan and any person or parents and guardians of children if they appear in any photos or recordings.

Lost / Stolen Property

102. To the maximum extent permitted by law, the City of Swan is not liable for any loss suffered by a Patron due to any lost or stolen property, including personal property or property to hire groups, contractors, schools or other individuals.

103. Any lost property handed into City of Swan will be logged at reception. All claims for lost property must be made in person, according to the lost property procedure available at https://www.swanactive.com.au/terms-and-conditions/terms-and-conditions-lost-property-procedure/.

Risk and Liability

104. Each Patron granted entry to the School acknowledges and agrees that they will enter the School and participate in the programs, use the equipment or take advantage of the services offered at the School at their own risk and the City of Swan and the School is not liable for any loss suffered by a Patron to the maximum extent permitted by law.

105. Each Patron granted entry to the School acknowledges and agrees that:

(a) engaging in sport, fitness or other recreational activities carries an inherent risk of injury;
(b) they will only participate in sporting, fitness or recreational activities when they are fit to do so; and
(c) they will take reasonable care not to injure themselves or others when participating in sport, fitness or other recreational activities at the School .

106. Furthermore, to the maximum extent permitted by law, each Patron indemnifies the City of Swan and the School, their management, staff and all contractors (Indemnified Person) from all claims for loss, damage or injury which may be sustained by an Indemnified Person in connection with the Patron’s use of the School and participation in the program and activity. The Patron is not required to indemnify each Indemnified Person in respect of any amount which arises from any mistake, fraud, negligence or willful misconduct by the City of Swan and the School’s or any officer, employee, contractor or agent of the City of Swan or the School.

107. You consent to receive, and authorise City of Swan or its delegates to arrange medical or hospital treatment that may be required in the event of a serious injury, accident, and/or illness while using at the School and you agree to indemnify the City of Swan and the School for all reasonable costs and expenses that the City of Swan and the School may incur in connection with such treatment (that the City of Swan and the School could not reasonably avoid or prevent and were necessary to ensure your safety).