Swim School Membership Terms and Conditions

Swan Active Swim School Membership Terms & Conditions

EFFECTIVE 6 MAY 2024

1. GENERAL

1.1 If the person participating in a Lesson is a Minor or has a legal guardian, then their parent or guardian:

(a) agrees to these terms and conditions in respect of the participating person and gives the releases and warranties set out in these terms and conditions;
(b) will, where applicable, procure that the participating person abides by these terms and conditions; and
(c) will ensure fitted aqua nappies are worn by any child under 3 years of age or any child over 3 years and not fully toilet trained.

1.2 Parents and guardians are responsible for seeing their child / participating person to and from their allocated Lessons and must comply with the hours of operation and program start and finish times stipulated on the Membership Form and/or online booking system. Under no circumstances is a parent and guardian permitted to leave the aquatic centre whilst a Minor under 10 years that they are responsible for is participating in a Lesson.

1.3 If the Membership Form lists more than 1 participating person, then these terms and conditions will apply to each of those participating persons as if a separate Membership Form had been completed and submitted for each participating person.  Any reference to “you” or “your” is a reference to each participating person named in the Membership Form and the parent or guardian who signed the Membership Form.

1.4 By signing and submitting your Membership Form, you agree to 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 Membership Form has been approved.

1.5 You acknowledge that your Membership with Swan Active is governed by the terms of the Agreement (as amended from time to time in accordance with these terms).

2. MEMBERSHIP

2.1 Prior to being admitted as a Member, you must:

(a) complete and submit a “Swim School Membership Form”;
(b) have your photo taken to allow staff to identify you as a Member;
(c) 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, 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 ; and
(d) provide copies of any other documents that may be reasonably required by Swan Active to assess your application for Membership.

2.2 If you disclose any medical conditions or disabilities under clauses 2.1(c) or 5.6, 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’) and by clause 9 of these terms and conditions.

2.3 You may immediately cancel your Membership under clause 8.4 if Swan Active requires you to provide, sign or do (as applicable) any of the things in clause 2.2.

2.4 You represent to us that all information provided in your Membership Form, and any other document provided in accordance with clause 2.2 is true, accurate and complete in all material respects and is not misleading or deceptive.

2.5 Your Membership entitles you to access the Facilities and Services in accordance with the Agreement.

2.6 Unless another arrangement is agreed between you and Swan Active, you must submit a completed direct debit authority form (Authority Form) with your Membership Form. Your Membership is subject to the terms and conditions outlined in the Authority Form together with these terms and conditions.

2.7 Your Membership will commence on the Commencement Date and continue until such time as it is cancelled in accordance with these terms and conditions.

3. PAYMENT

3.1 You agree to pay the Fees associated with your Membership as and when they fall due in accordance with these terms and conditions.

3.2 The initial term of a Membership is 14 days, and will automatically renew on a fortnightly basis until it is cancelled in accordance with these terms and conditions.

3.3 You may present a Voucher to Swan Active and request that it  be applied to the Fees or Membership Fees payable under the Agreement. Swan Active will apply the Voucher if it is eligible to be applied to the particular Fees or Membership Fees you have requested it be applied to. Any Vouchers applied will act as a credit balance.  Eligible Fees or Membership Fees will be charged against the credit balance until it is exhausted, after which you will begin to be or continue to be charged directly in accordance with this clause 3.

3.4 Subject to clause 7.5, if you miss a Lesson and or are late for any reason to your allocated swimming time, that missed time is forfeited, there are no make-up / replacement lessons, credits or refunds.

3.5 If Swan Active cancels a Lesson for any reason, Swan Active will provide you with a credit for that Lesson.

3.6 You will not be charged Membership Fees:

(a) during the annual suspension period sent out in clause 5.12; and
(b) for any Lesson that is cancelled because it falls on a day set out in clause 5.13.

3.7 Unless other arrangements are made between you and Swan Active:

(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 Membership 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 Membership Fees will be debited from your nominated credit card or account as follows:

(i) the initial direct debit will occur:

(A) if your first Lesson is scheduled in the same week that your Membership is approved — on the day after your Membership is approved; or
(B) if your first Lesson is scheduled in a later week — on the Monday of the week of your first Lesson,

and

(ii) all subsequent direct debits will occur fortnightly on the Direct Debit Date, the first of which will be the second Monday after the initial direct debit.

(c) If any 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 the Direct Debit Provider’s Location.
(d) 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 Membership Fees and any other applicable fees on each applicable Direct Debit Date
(e) If a direct debit payment is dishonoured, you will be notified via SMS text message (if subscribed to receive SMS notifications) and you will not be able to attend the Lessons or access the Facilities and Services until such time that all outstanding Fees have been paid. You must pay outstanding Fees within fourteen (14) days of their original due date and prior to your next Lesson. If outstanding Fees are not paid and a second successive dishonoured payment occurs, your Membership will be cancelled.
(f) 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 an invoice for the full amount of the disputed payment. Any invoice must be paid within seven (7) days of it being issued, and is payable regardless of whether you attended any Lessons in the period that the disputed payment relates to.
(g) 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.
(h) You acknowledge and agree that the Direct Debit Authority will remain in place until the Termination Date.

(i) You acknowledge that Swan Active will continue to debit Fees under the Direct Debit Authority until the Termination Date.

3.8 If your Membership Form states that a third-party will be paying on your behalf Swan Active, then Swan Active will invoice that third party for Fees payable by you under the Agreement unless other arrangements are made.

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 Membership 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 Membership Swan Active must provide you with at least 14 days’ notice of the increase to the Fees.

4.3 The Fee increase will apply from the next Direct Debit Date after the end of the notice period required in clause 4.2.

4.4 If you do not wish to continue with your Membership due to an increase in Fees, you must cancel your Membership by giving notice in writing, including by email, to Swan Active during the 14 day notice period in clause 4.2. It is Swan Active’s preference that where possible the online Membership Cancellation Form is used to cancel your Membership.

4.5 If you terminate your Agreement under clause 4.4 during the notice period in clause 4.2, the termination takes effect from the first Direct Debit Date after you provide notice.

5. ACCESS AND USE OF FACILITIES

5.1 Subject to clause 5.11, and to the payment of your Fees and your compliance with the terms of the Agreement, your Membership gives you the following access to the Facilities and Services and benefits:

(a) access to the Lessons at the specified Location set out in your Membership Form or otherwise agreed in writing between you and Swan Active;
(b) pool entry for you at all Locations during the Opening Hours;
(c) a 5% discount on purchases at the Café and merchandise at each Location when presenting your Membership Token;
(d) if you are a Minor:

(i) when you are attending your Lessons —

(A) pool entry for one parent / carer accompanying you; and
(B) non-pool entry for two spectators,

and

(ii) when you are entering the pools outside of your Lessons — pool entry for one parent / carer accompanying you; and

(e) if you are not a Minor, but you provide evidence to Swan Active’s reasonable satisfaction that you require the assistance of a support worker or carer:

(i) when you are attending your Lessons —

(A) pool entry for one support worker or carer accompanying you; and
(B) non-pool entry for two spectators,

and

(ii) when you are entering the pools outside of your Lessons — pool entry for one support worker or carer accompanying you.

5.2 If the Member is a Minor or person who has a legal guardian, then that Member’s parent or guardian will not be given access to the Facilities and Services unless the Member is present.

5.3 Your Membership is personal to you – you are the only person entitled to use your Membership.

5.4 You must present your Membership Token at:

(a) all relevant swipe points; and
(b) any time it is requested by a Swan Active staff member.

5.5 If you lose your Membership Token, you must obtain a replacement token and may be required to pay the Lost Token Fee.

5.6 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 2.2.

5.7 Swan Active adopts a “first come, first served” rule in respect of all Facilities and Services, including pool lane space.  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.

5.8 You agree to comply with the relevant “Conditions of Entry” at all times at any of the Locations.

5.9 You must at all times follow instructions on the equipment and/or as directed by a Swan Active staff member.

5.10 You agree to only use the equipment for its intended purpose/s.

5.11 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.

5.12 Annual suspension period: Your Membership does not allow you to access the Facilities and Services, participate in any Lessons, or otherwise have access to the benefits in clause 5.1  during a six week annual suspension period commencing in December and ending in January of the following year (as notified to you by Swan Active from year-to-year). Swan Active will make reasonable attempts to align this period with the December to January state school holiday period. If the relevant Location is open on one of these days and you wish to use the Facilities and Services, you must pay for casual entry.

5.13 Public Holidays, Easter Saturday and Easter Sunday: Your Membership does not allow you to participate in any Lessons on any public holiday observed in the State of Western Australia, and on Easter Saturday and Easter Sunday.

6. MEMBER ACKNOWLEDGEMENTS, WARRANTIES AND CONSENTS

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; and
(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.

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 participating in Lessons.

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 You agree that Swan Active or the Lesson instructor may request that a parent, guardian or caregiver must be present and/or participating in the pool with you during your Lesson as a condition of your participation in the Lesson.

6.5 You acknowledge that Minors between the age of six months and three years cannot participate in a Lesson unless a parent, guardian or caregiver is present and participating in the pool during the Lesson.

6.6 Except as disclosed at the time of applying for your Membership under clause 2.1(c) or at later time under clause 5.6, 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.

6.7 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.

6.8 You acknowledge that Swan Active cannot guarantee that the same instructor will deliver all of your Lessons. Where reasonably possible, Swan Active will give you advance notice of a change of instructor.

6.9 You acknowledge that Swan Active does not accommodate requests for specific instructors.

6.10 You acknowledge that if you have a 2-on-1 Private Lesson scheduled, and the other participant in the Private Lesson does not attend or notifies Swan Active that they will not attend the Private Lesson, Swan Active may cancel the Private Lesson in its sole discretion. You will receive a credit for the Private Lesson under clause 3.5 where the Lesson is cancelled.

7. SUSPENDING YOUR MEMBERSHIP

7.1 Your Membership can be suspended for up to a cumulative period of 28 days in each calendar year .

7.2 During the period of any suspension you will not be charged the Membership Fees and the Facilities and Services will not be available for your use.

7.3 Any suspension of your Membership will automatically end on the last day of the suspension and from the following day your Membership will be reactivated.

7.4 You may suspend your Membership for a period of 7 days, 14 days, 21 days or 28 days by completing and submitting a “Membership Suspension Form” at least seven days’ prior to the proposed period of suspension.

7.5 A suspension requested under clause 7.4 may apply retrospectively if you did not attend any Lessons during the proposed suspension period. In the event your Membership is retrospectively suspended, you will be credited for the Lessons you missed during the suspension period.

7.6 Any suspension period will immediately end if, during the suspension period, you notify Swan Active that you wish to cancel your Membership under clause 8.3.

8. CANCELLATION OF YOUR MEMBERSHIP

8.1 The Agreement is terminated when your Membership is cancelled.

8.2 Swan Active may cancel your Membership:

(a) by providing you with 14 days’ written notice where you have failed to comply with the Agreement; or
(b) immediately by providing written notice where Swan Active believes on reasonable grounds that you are not safely able to use the Facilities or Services, or that your use of the Facilities or Services may result in any sickness, injury or death to you.

8.3 You may cancel your Membership by providing Swan Active with 14 days’ written notice of your intention to cancel your Membership, with the notice period commencing on the date that the written notice is received by Swan Active and ending up to 28 days’ later (Cancellation Notice Period).  It is preferred that you complete a Cancellation Form and submit that to Swan Active to cancel your Membership. Swan Active will confirm receipt of a request to cancel your Membership within 7 days of receiving it and will confirm the amount of the last payment due and the date the termination takes effect which will be the first payment date after the end of the Cancellation Notice Period.

8.4 You may cancel your Membership 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 2.2.

8.5 In accordance with clause 7.6, issuing a notice to cancel your Membership under clause 8.3 during a suspension period will cause that suspension period to immediately end.

8.6 Fees are payable in respect of your Membership 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 are a Member.

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 Membership.

8.8 You are responsible for the payment of any Fees that are due and payable at the date of cancellation of your Membership. Payment of those Fees are not affected by the cancellation of your Membership.

8.9 You will not be refunded for any Membership Fees you have pre-paid in respect of Private Lessons that are scheduled to occur after your Membership is cancelled.

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) colliding with other Members;
(d) engaging in strenuous exercise and activities; or
(e) 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 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).

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 and audio 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 & INTERPRETATION

17.1 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;
(b) your completed Membership Form (including any other membership alternation form (as applicable); and
(c) Conditions of Entry.

Authority Form has the meaning given to that term in clause 2.6. 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 Notice Period has the meaning given to that term in clause 8.3.

Commencement Date means the “Membership start date” as stated on your Membership Form.

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.

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 fortnightly Membership Fees are deducted from your nominated credit card or bank account, being a Monday.

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, swimming pool, and all bathrooms, and services, that you may use, in connection with participation in the Lessons.  For clarity, your Membership does not include access to the spa or sauna, or any other facilities and services of Swan Active, in-term swimming, club events or any other similar aquatic event or activity or Swan Active Holiday Swimming Program.

Fees means any and all Fees that may become payable under the Agreement, including but not limited to Administration Fees and Membership Fees.

Lessons means:

• for non-Private Lessons the specific swimming lessons you have applied for as referred to in your Membership Form or as altered by agreement with Swan Active; or
• for Private Lessons, the lessons arranged between you and Swan Active on your 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).

Lost Token Fee means the fee, published at https://www.swanactive.com.au/prices/, to cover the reasonable cost of replacing your lost Membership Token.

Member means a person who has permission to use and access the Facilities and Services subject to the Agreement.

Membership Alteration Form means the Swan Active ‘Membership Alteration Form’ (as amended from time to time)  at each Location.

Membership Cancellation Form means the Swim School ‘Membership Cancellation Form’ (as amended from time to time) available on the website https://www.swanactive.com.au/swan-active-swim-school-cancellation-form   and at each Location.

Membership Fees means the fees due and payable by you, as set out on the website at https://www.swanactive.com.au/prices/, to allow you access to use the Facilities and Services in the Agreement for your Membership, and also includes (where applicable) fees you have otherwise agreed to pay in connection with any Private Lessons.

Membership Form means the ‘Swan Active Swim School Membership Form’ completed by you and submitted to Swan Active and accepted and approved by Swan Active.

Membership means a Membership held by a Member to use and access the Facilities and Services on the terms and conditions in the Agreement.

Membership Suspension Form means the Swan Active ‘Membership Suspension Form’ (as amended from time to time) available on the website https://www.swanactive.com.au/membership-suspension/  and at each Location.

Membership Token means a Membership token issued by Swan Active that allows you access to the Locations to use the Facilities and Services.

Minor means a Member under the age of 18 and includes the parent or guardian of that Member.

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.

Private Lessons means private 1-on-1 or 2-on-1 Lessons that are arranged between you and Swan Active at your request and confirmed in writing.

Swan Active means the City of Swan.

Termination Date means the date your Membership is deemed to be cancelled, or the date the Agreement is otherwise terminated in accordance with its terms.

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 stated in your Membership Form, and if the member is a Minor or person who has a legal guardian, then you means that Minor or person who has a legal guardian 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.