Effective April 16, 2025
1. General
1.1 Only Members are eligible to register for the Program. These terms and conditions operate in conjunction with the Swan Active Membership terms and conditions.
1.2 Insurance Members are not eligible to access the Program.
1.3 Members who hold Special Membership are not entitled to discounted rates for the Program.
1.4 Any reference to “you” or “your” is a reference to the Minor or person who is the named Member in the Membership Form and the parent or guardian of that Minor or person who has signed the Membership Form.
1.5 By signing and submitting your Registration Form, 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. The Agreement becomes legally binding upon Swan Active notifying you that your Registration Form has been approved.
1.6 You acknowledge that your Registration with Swan Active is governed by the terms of the Agreement (as amended from time to time in accordance with these terms).
1.7 The term of your Registration is set out in your Registration Form.
2. Registration
2.1 Prior to being permitted access to the Program, you must:
(a) complete and submit a “Registration Form” in person at the Location;
(b) nominate your Registration Type and select your payment option, which is either:
(i) an upfront payment for a fixed 12 month term Membership (Fixed Term Registration); or
(ii) an ongoing monthly Registration, which has an initial period of one month and continues on a monthly basis until you or Swan Active:
(A) terminates the Membership in accordance with the Membership terms and conditions; or
(B) terminates the Registration in accordance with these terms and conditions
(Ongoing Registration);
(c) complete and submit a “Swan Active Pre-Exercise Screening” Form;
(d) disclose any medical, physical or other disabilities or conditions, either past or present, which may affect your ability to safely access and use the Facilities and Services specified in your Membership Form, including disabilities or conditions which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Facilities and Services; and
(e) provide copies of any other documents that may be reasonably required by Swan Active to assess your application for Registration.
2.2 If your Membership is an Ongoing Membership, you are only able to select the Ongoing Registration type.
2.3 If you disclose any medical conditions or disabilities under clause 2.1 or clause 5.7, or if Swan Active otherwise suspects on reasonable grounds that you may not be able to safely access the Facilities or Services, then your 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 you to use the Facilities and Services;
(b) provide a medical management plan for any severe medical conditions;
(c) sign a waiver of liability in respect of your use of the Facilities and Services; and
(d) if you are Minor or person who has a legal guardian – be accompanied by your parent or guardian at all times that you use the Facilities and Services,
and you acknowledge that Swan Active’s liability to you is limited by the Conditions of Entry (in particular the sections titled ‘Risk and Liability’ and ‘Waiver of liability – pool and aquatic facilities’), any waiver of liability that you sign, and by clause 9 of these terms and conditions.
2.4 You may immediately cancel your Registration under clause 8.2 if Swan Active requires you to provide, sign or do (as applicable) any of the things in clause 2.3.
2.5 You represent to us that all information provided in your Registration Form, and any other document provided in accordance with clause 2.1 is true, accurate and complete in all material respects and is not misleading or deceptive.
2.6 Your Registration entitles you to access the Facilities and Services specified in your Registration Form, as nominated by you and paid for in accordance with your Registration Type.
2.7 If you nominate an Ongoing Registration, you must submit a completed direct debit authority form (Authority Form) with your Registration Form. Ongoing Registrations are subject to the terms and conditions outlined in the Authority Form together with these terms and conditions.
2.8 If you nominate a Fixed Term Registration, your Registration ends at the conclusion of the 12 month Membership period. Swan Active will send you a reminder of this renewal 30 business days’ before the end of your Membership term. To renew your Registration, you must complete a new “Registration Form”. The renewal of a Registration must take place at the same time that you renew your Membership.
3. Payment
3.1 You agree to pay the Fees associated with your Registration as and when they fall due in accordance with these terms and conditions.
3.2 An Ongoing Registration has an initial term of one month, and will automatically renew on a monthly basis until it is cancelled in accordance with these terms and conditions.
3.3 If you have an Ongoing Registration:
(a) You must sign an Authority Form with the Direct Debit Provider in favour of Swan Active which authorises direct debit payments for the Fees to be taken from your nominated credit card or bank account in the amounts and frequency set out in your Registration Form and these terms and conditions. The Direct Debit Provider may charge fees, as set out in the Authority Form, which are in addition to any fees payable under the Agreement.
(b) Your Registration Fee will be debited monthly from your nominated credit card or account on the Direct Debit Date. If payment falls due on a day that is not a Business Day in the location that the Direct Debit Provider is based in, then the direct debit will occur on the next day which is a Business Day in the Direct Debit Provider’s location.
(c) You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay your Registration Fees and any other applicable fees on each applicable Direct Debit Date.
(d) If a direct debit payment is dishonoured, you will be notified via SMS text message and you will not be able to access the Facilities and Services until such time that all outstanding Fees have been paid. You must pay outstanding Fees within thirty (30) days of their original due date. If a second consecutive dishonoured payment occurs while your first dishonoured payment remains unpaid, your Membership will be cancelled.
(e) If you dispute a direct debit charged by Swan Active under this clause 3 by lodging a payment dispute with your financial institution, Swan Active may instead issue you with an invoice for the full amount of the disputed payment. Any invoice must be paid within seven (7) days of it being issued.
(f) You acknowledge and agree that the contract that you enter into with the Direct Debit Provider is a separate contract to the Agreement and that any problems or issues that you have in connection with the direct debit should be raised directly with the Direct Debit Provider.
(g) You acknowledge and agree that the Direct Debit Authority will remain in place until the Termination Date.
(h) You acknowledge that we will continue to debit Fees under the Direct Debit Authority until the Termination Date.
(i) You acknowledge you will not be refunded or credited for any period of time you are unable to access the Facilities and Services under clause 3.3 (d) due to a dishonoured direct debit payment.
4. Increase to fees
4.1 Swan Active will review the Fees annually at the end of each financial year and may increase the Fees in connection with your Registration Type having consideration to a variety of market issues, consumer price index and the demand for use of Swan Active facilities and services.
4.2 If Swan Active decide to increase the Fees in connection with your Registration Type Swan Active must provide you with at least 30 days’ notice of the increase to the Fees.
4.3 A Fee increase notified under clause 4.2 will not apply to the rest of the term of a Fixed Term Registration.
4.4 For Ongoing Registrations only:
(a) The Fee increase will apply from the first Direct Debit Date after the end of the notice period in clause 4.2.
(b) If you do not wish to continue with your Registration due to an increase in Fees, you must cancel your Registration by giving notice in writing to Swan Active during the period in clause
4.2, including by email. It is Swan Active’s preference that where possible a Cancellation Form is used to cancel your Registration.
(c) If you cancel your Registration under clause 4.4(b) during the 30 day notice period in clause 4.2, the cancellation takes effect immediately before the increased Fees would otherwise be charged under clause 4.4(a).
5. Access and use of facilities
5.1 Subject to payment of your Fees, and your compliance with the terms of the Agreement, your Registration gives you access to:
(a) Swan Active’s online booking system and app to book individual Reformer Classes; and
(b) the Facilities and Services applicable to the Program.
5.2 Members must book individual Reformer Classes either via the online booking system or app. Bookings for each class are open 50 hours in advance of the date of the class. Consecutive back-to-back Reformer Classes are unable to be booked. Members are only able to book into one class daily.
5.3 If you transfer the remaining balance of your Fixed Term Membership to any other person, you must also transfer your Fixed Term Registration for the Program. Requests to transfer a Fixed Term Registration must be made in writing by providing 30 days’ notice and emailing Swan Active the details of the proposed transfer.
5.4 The person that you transfer your Fixed Term Registration to must be the same person that you transfer your Fixed Term Membership to.
5.5 If the person that you wish to transfer your Fixed Term Registration to:
(a) is not an existing member — they must attend a Location in person to sign a Registration Form and undergo onboarding to complete the transfer; or
(b) is an existing member— your remaining balance will be added to their balance.
5.6 You must bring and use a sweat towel and wear grip socks for each Reformer Class. Swan Active reserves the right to refuse you entry to use any of the Facilities and/or Services if you do not have an appropriate towel or grip socks. 5.7 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 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 you 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 2.3.
5.8 Members who do not have a booking may attend a Reformer Class by obtaining a ticket from reception. Swan Active adopts a “first come, first served” rule in respect of all Facilities and Services, including Reformer Classes. Swan Active reserves the right to refuse entry to any Member at any Location if that entry may exceed maximum capacity of that Location. Your Membership does not give you a greater right to access Facilities and Services than any other Member or a person who is accessing Facilities and Services on a casual basis.
5.9 Members are encouraged to arrive 5 minutes before the commencement of a Reformer Class to allow the class to start on time.
5.10 If you arrive more than 5 minutes late after the commencement of a Reformer Class, you will not be permitted to participate in the class.
5.11 Bookings must be cancelled via the online booking system or app at least 2 hours in advance of the commencement of a Reformer Class. If a booking is cancelled with less than 2 hours notice provided, Swan Active will treat the cancellation as a ‘no-show’ and clause 5.12 applies.
5.12 If you book a Reformer Class and fail to attend, this constitutes a ‘no-show’. If you fail to attend two Reformer Classes in a consecutive 30 day period, you will be unable to make any bookings or attend any Reformer Classes for a week. On each occasion that you fail to attend two Reformer Classes in a consecutive 30 day period, you will be unable to make any bookings for Reformer Classes for a week.
5.13 You agree to comply with the relevant “Conditions of Entry” at all times at any of the Locations.
5.14 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.
5.15 You agree to only use the equipment for its intended purpose/s.
5.16 If you cause any damage to the Facilities and Services, you must notify a Swan Active staff member immediately, 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.
6. Member acknowledgments and warranties
6.1 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) we purchase or lease the fitness equipment from a third party and do not manufacture any of the fitness equipment or other equipment used in the Facilities and Services and accordingly do not give any warranties regarding the equipment that would usually be given by a manufacturer;
(d) there are times in which the Facilities and Services are unstaffed. If you need the assistance of a Swan Active staff member while the Facilities and Services are unstaffed, you may request a Swan Active staff member at reception to help you locate an appropriate staff member to provide assistance;
(e) there are times in which the Staffed Hours may change without notice. Swan Active will use reasonable efforts to notify you of any changes to Staffed Hours in advance of such changes, however you acknowledge that there may be times in which prior notice is unable to be provided;
(f) 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;
(g) not all Facilities and Services may be available at all times (including classes) or at all Locations; and
(h) your Membership does not include access to personal trainers, unless clearly set out in your Membership Form.
6.2 You warrant that, to the best of your knowledge, you are able to safely use the Facilities and Services and you have considered all necessary medical advice prior to embarking on a fitness program or exercise routine.
6.3 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 may have and acknowledge that we do not provide medical advice in connection with your use of the Facilities and Services.
6.4 Except as disclosed at the time of applying for your Membership under clause 2.1(d) or at a later time under clause 5.7, you acknowledge and represent that to the best of your knowledge, you do 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 you as a result of your use of the Facilities and Services.
6.5 You acknowledge that you may be liable to Swan Active for damages for breach of the Agreement if you do not terminate the Agreement in a manner described in the Agreement.
7. Suspending your registration
7.1 If you suspend your Membership in accordance with the Membership terms and conditions, you must also suspend your Program Registration. The start date of the Suspension Period of your Registration and the duration of suspension must be the same as your Membership suspension.
7.2 You will not be charged any Registration Fees for the Suspension Period and the Facilities and Services will not be available for your use during the Suspension Period.
8. Cancellation of your registration
8.1 The Agreement is terminated when your Membership is cancelled. 8.2 You may cancel your Registration immediately by providing written notice where Swan Active has required you to provide, sign or do (as applicable) any of the things set out in clause 2.3.
8.3 Swan Active may cancel your Registration by providing you with 30 days’ written notice where you have failed to comply with the Agreement.
8.4 You may cancel your Registration by providing Swan Active with 30 days’ written notice of your intention to cancel your Registration. It is preferred that you complete a Registration Cancellation Form and submit that to Swan Active to cancel your Registration. Swan Active will confirm receipt of a request to cancel your Registration within 7 days of receiving it and will confirm the amount of the last payment due and the date the termination takes effect.
8.5 Cancelling your Registration does not affect your Membership.
8.6 Fees are payable in respect of your Registration until the date that the cancellation takes effect. Fees will be refunded, or charged, on a pro-rated basis such that you only pay for those days that you maintain your Registration.
8.7 Swan Active may charge an Administration Fee that reasonably reflects the administration costs incurred by Swan Active in administering the cancellation of your Fixed Term Registration.
8.8 You are responsible for the payment of any Fees that are due and payable at the date of the cancellation of your Registration. Payment of those Fees are not affected by the cancellation of your Registration.
9. Liability
9.1 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.
9.2 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 the theft or any damage occurring to vehicles or their contents.
9.3 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) being struck by weights;
(d) colliding with equipment, or other Members;
(e) falling off equipment;
(f) engaging in strenuous exercise and activities; or
(g) incorrect use of the Facilities and Services.
9.4 You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
9.5 You acknowledge and agree that the risks contained in clause 9.3 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.
9.6 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 use of the Facilities and Services. You assume all such risks, and agree that you are attending and using the Facilities and Services voluntarily and entirely at your own risk.
9.7 To the fullest extent permitted by law, you acknowledge that Swan Active is not liable to you for any injury, loss or damage sustained while you are under the supervision of a third party service provider at the Facility (including any private sector provider you engage directly).
9.8 This clause 9 survives termination of the Agreement.
10. Privacy
10.1 Swan Active will hold, use and disclose your personal information in accordance with all applicable laws.
10.2 Surveillance
(a) For safety and security reasons we implement video surveillance to monitor the Locations. Surveillance is limited to the entry and floor areas only within each Location.
(b) By becoming a Member, 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.
11. Complaints
11.1 If you have any complaints regarding our service or any other issue regarding the Facilities and Services you must 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 complaint to the relevant email address for the Location the complaint is in respect of. We 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 every reasonable effort to resolve your complaint quickly and fairly.
12. Governing law
12.1 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.
13. Notices
13.1 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.
13.2 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.
14. Waiver
14.1 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.
15. Severability
15.1 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.
16. Entire agreement
16.1 The terms of the Agreement constitute the entire agreement between the parties.
17. Definitions and interpretation
17.1 Definitions
In the Agreement, unless the context provides otherwise:
Agreement means the contract between you and the Swan Active, the terms and conditions of which are set in:
(a) these terms and conditions;
(b) your completed Registration Form;
(c) Swan Active Pre-Exercise Screening; and
(d) Conditions of Entry.
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
Authority Form has the meaning given to that term in clause 2.7. At the time of entering into the Agreement the Authority Form is the EziDebit Direct Debit Request – New Client Form.
Business Day means a day that is not a Saturday, Sunday, national public holiday or a public holiday in Western Australia.
Cancellation Form means the Swan Active ‘Registration Cancellation Form’ (as amended from time to time) available on the website https://www.swanactive.com.au/membership-cancellation/ and at each Location.
Commencement Date means the “Membership start date” as stated on your Membership Form.
Conditions of Entry means the “Swan Active Conditions of Entry” that are available on Swan Active’s website https://www.swanactive.com.au/terms-and-conditions/conditions-of-entry/and at reception at each Location.
Customer Feedback Form means the form available at reception at all Locations or online at https://www.swanactive.com.au/feedback-form/.
Direct Debit Authority means the authority you have provided to the Direct Debit Provider to establish a direct debit facility for the payment of your Membership fees.
Direct Debit Date means the date on which your monthly Membership Fees are deducted from your nominated credit card or bank account, being the same day of the month on which you became a member.
Direct Debit Provider means the third party nominated by Swan Active to manage and process direct debit payments. At the date of entering into the Agreement the Direct Debit Provider is EziDebit. For clarity, at the time of entering into the Agreement, EziDebit is located in Queensland.
Facilities and Services includes any of Swan Active’s premises, gym, swimming pool, spa, sauna and Crèche and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, classes and services, including but not limited to personal training, that you may use, subject to your Membership Type applied for and granted to you.
Fees means any and all fees that may become payable under the Agreement, including but not limited to Administration Fees and Registration Fees .
Fixed Term Registration has the meaning given to that term in clause 2.1(b)(i).
Location means one of the following premises operated by Swan Active:
(a) 332 Benara Road, Beechboro WA 6063 (Beechboro).
Member means a person who has permission to use and access the Facilities and Services subject to a Membership agreement.
Membership means a Membership held by a Member to use and access the Facilities and Services on the terms and conditions in the Membership agreement.
Membership Form means the ‘Swan Active Membership Application Form’ completed by you and submitted to Swan Active and accepted and approved by Swan Active.
Minor means a Member under the age of 18 and includes the parent or guardian of that Member.
Ongoing Registration has the meaning given to that term in clause 2.1(b)(ii).
Opening Hours means the hours that each of the Facilities and Services are open for access by Members, 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 reformer pilates classes delivered by Swan Active at each Location.
Reformer Classes means the group reformer pilates classes that may be booked by you.
Registration Fees means the fees due and payable by you, as published on the Swan Active website https://www.swanactive.com.au/prices/, to allow you access to use the Facilities and Services in the Agreement for your Registration Type.
Registration Form means the ‘Swan Active Reformer Pilates Registration Form’ completed by you and submitted to Swan Active and accepted and approved by Swan Active.
Registration Type means the Registration type checked in your Registration Form under “Choose Your Registration Type”.
Staffed Hours means the hours that each Location is staffed, which may vary from time to time and between each Location. The hours are advertised within each Location and on the Swan Active website.
Suspension Period has the meaning given in the Membership terms and conditions.
Termination Date means:
(a) for a Fixed Term Membership, the earlier of the date that: 1) is 12 months from your Commencement Date; and 2) your Membership is deemed to be cancelled, or the Agreement is otherwise terminated in accordance its terms; and
(b) for an Ongoing Membership, the date your Membership is deemed to cancelled, or the Agreement is otherwise terminated in accordance with its terms.
You, you means the person stated in the ‘Membership Application Form’ under ‘Members Details’, and if the member is a Minor or a person who has a legal guardian, then ‘you’ means that Minor or person and the legal guardian of that Minor or person (as applicable).
17.2 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.