1.0 Swim School Participation and Responsibility
1.1 Club Rules:
You and the child/ children in your care agree to be bound by our House Rules.
You accept conditions including our opening and closing hours, services and facilities, and fees may change from time to time. If that happens, we will try and inform you in advance.
1.3 Difference in terms and conditions:
If this Agreement differs from anything you are told at the Club or over the phone, this Agreement will apply unless you receive written confirmation from us.
1.4 You or child/ children in your care participation:
Your payment allows you or child/ children in your care to participate in Swim School Lessons according to this Agreement between you and Northern Arena and our Club Rules. If you or child/ children in your care breach any term of this Agreement or break our Club Rules, your lessons may be cancelled.
1.5 Take care of your Swim School card:
a.We will give every participant in Swim School lessons a card or band when they register. If they arrive without their Swim School card or band, we may refuse entry.
b. You cannot lend Swim School card or band to anyone else or allow anyone else to use it. The Swim School card or band is our property and you must return it to Northern Arena at the end or your registered Term or if your agreement is cancelled.
c. If you lose your Swim School card or band, we will replace it and will charge you a fee for the replacement Swim School card or band.
1.6 Swimming Caps:
In order to maintain excellent standards in cleanliness for the health of you or the child in your care, swimming caps are compulsory whilst using any of the Northern Arena pools. Babies are the only exception to this rule. Northern Arena will provide a complimentary swimming cap upon registration.
1.7 Changes to your situation:
You must tell us about anything that affects you or the child/ children in your care which will effect their participation, such as health, and any changes to your contact details such as postal address, email address, phone numbers, and nominated bank account details.
1.8 Your promise to us:
When you sign this Agreement and for the duration of your agreement, you promise:
a. that you or the participant(s) are in good physical condition;
b. that you know of no medical or other reason why you or the participant(s) cannot take part;
c. that participating in the Swim School will not damage you or the participant(s) health, safety, comfort or physical condition; and,
d. that you or the participant(s) will use your best efforts to participate in a way that ensures not only your/ their safely but also the safety of others.
1.9 Use pool area (and other wet areas) with care:
The pool area is only supervised during structured swim squads. We accept no responsibility for children outside scheduled lesson times. No children who are undertaking swim lessons are to remain in the pool area after lessons.
a. No jumping, running, or diving is allowed in the pool area and children must be supervised by you at all times.
b. You must follow all rules, signs and directions from Northern Arena staff members for your own safety in the pool area and in wet areas generally.
1.10 Take care of your health:
You agree that you or the child/ children in your care will not use our facilities if suffering from:
a. an infection of any sort or kind, or
b. an illness of any sort or kind, which may be contagious and put other members at risk; or
c. a physical complaint, such as (by way of example only) an open cut or other similar wound, or
d.where there is any other risk, however small, to other members.
1.11 Take care of Club equipment:
You and the child/ children in your care must use our facilities and equipment correctly according to their proper use. If you or the child/ children in your care are unsure of how to operate any item of equipment, please speak to a Northern Arena representative before you use it.
1.12 Damage to Club facilities:
You are responsible for any damage to club facilities caused by you or child/ children in your care through a deliberate act or by not acting, or negligence.
1.13 Take care of your personal property:
You are responsible for any personal property (including by way of example only any vehicle or any personal property inside any vehicle) that you bring onto Club premises. Any personal property that you or child/ children in your care bring with you is at your own risk.
1.14 Refusing entry:
If you or child/ children in your care break our Club Rules or act in any way that is inconsistent with this Agreement including by way of example ignoring any sign or handout, we may refuse you entry.
1.15 Cancellation after notice:
If you or child/ children breach this Agreement or break our Club Rules or act in a way that we consider to be unreasonable, we may give you notice by warning you that you risk having Swim School participation cancelled. If you or child/ children in your care continue to behave in the same way, we may cancel Swim School participation.
1.16 Instant cancellation:
We have the right to cancel any registered Swim School member immediately if you or child/ children in your care behave in a way that we consider is inappropriate or carries a serious risk of injury or damage to other members, or club facilities such as by way of example only:
a. threatening or harassing other members;
b. damaging our equipment or facilities;
c. using illegal substances; or
d. soliciting or operating a business on Club premises without our consent.
1.17 Termination of this agreement by you:
We require written notice for termination of your next payment due on the 22nd of the month before the 10th of that month. Otherwise payment for the following month is required.
2.0 Our Responsibilities
2.1 We promise to you:
When you sign this Agreement and for the duration, we promise to provide our services with all due competence, skill and care.
2.2 No claim against us:
Where we have met our promise to you no claim may be made against us:
a. If you do not honour your promise set out in clause 5.4.
b. For any loss or damage of any kind whatsoever to your personal property which you bring into the Club at your own risk despite the terms of this Agreement.
d. For any loss or damage of any kind whatsoever to you or your child’s/ children or your personal property which has been caused by events that are beyond our control and that could not have been foreseen or prevented even if we had used all due competence, skill and care.
2.3 Risk of injuries and release of liability:
We warn you that, while on our premises, you and your child/ children may be exposed to certain risks.
By entering into this Agreement and on every occasion you and your child/ children use our facilities and participate in Swim School Lessons you acknowledge and accept our warning of risk of injuries set out above and that you or child/ children in your care is subject to the risk of injury and release us from all liability.
2.4 Negative changes:
You can cancel your Swim School Lessons at any time if we:
a. change or add to our Swim School Terms and Conditions or the Club Rules and we accept that those changes or additions affect you in a negative way; or
b. change the club services and facilities and we accept that those changes affect you in a negative way, or
We may ask you to provide us with proof that you have been negatively affected by any changes that we make.
2.5 Breach of Agreement:
You can also cancel your Swim School Lessons if we breach this Agreement and we do not fix the breach in a reasonable time after you have told us about it in writing
3.0 Lesson Makeup’s
Northern Arena offers 1 makeup session per participant per Swim School Term, free of charge, for unforeseeable reasons such as illness or injury.
Makeup lesson must occur within 7 days of booking within the same swim school term, subject to availability.
4.0 Lesson Suspension
4.1 Lesson Suspension:
Swim School Lessons can be suspended for a minimum of 2 weeks to a maximum of 4 weeks. You or the child/ children in your care will retain the place in the class upon return.
4.2 Suspension Fee:
A suspension fee applies, per lesson per student.
5.0 Lesson Termination
5.1 Lesson Termination:
This agreement will continue unless terminated by you or us.
6.1 Payment of fees:
The payment of fees depends on whether you have chosen to pay by making regular monthly payments by direct debit, or in one lump sum.
a. Monthly payment option: You pay fees for the monthly payment option in advance each month by direct debit from a nominated bank account or credit card.
If you choose to pay by credit card, we pass on any fees charged for the transaction by your credit card provider by deducting them from your credit card at the same time as your regular payment.
If you choose the monthly payment option, your fee will be debited on 22nd of each month. This may take up to 5 days to process.
The fee will vary depending on how many lessons have fallen in the calendar month. (Typical 4 or 5).
By completing and signing the Direct Debit form you agreed to all terms and conditions set out on the reverse of the form. We recommend that you take the time to read and understand these terms.
b.Lump sum payment option: Instead of the monthly payment option, you can pay upfront in one lump sum for a Full Term specified by Northern Arena and agreed by you, either by cash, cheque, Eftpos or credit card.
This will incur a $10.00 admin Fee per transaction.
The Term Fee is based on the total number of lessons that fall within the Term as specified by Northern Arena and agreed by you.
Terms dates are based on typical School Term times and agreed at time of registration by you and Northern Arena.
When your payment is due to be renewed for a new Term you agree to the current Terms and Conditions applicable at that time.
If you pay this option then you must pay for the new term at the end of the current term or you will lose your lesson time and space.
6.2 Late payments:
If you do not fully pay your fees on the due date, we will:
a. Suspend you or child/ children under your care participation: Suspend you or child/ children under your care attendance with us until your payments are up to date. We may need to pass on bank fees and recovery costs associated with your late payment and you authorize us to do this.
6.3 Debiting fees from your nominated account:
We will debit your monthly payments (if using the monthly payment option) from your nominated account on a payment day of 22nd of each month as agreed between us. If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day.
6.4 Your payment responsibilities:
You are responsible for:
a. making sure that your nominated account is set up to accept our direct debit;
b. making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day;
c. letting us know if you decide to change your bank and/or nominated account prior to any change being made and;d. letting us know if you decide to change your credit card or your credit card provider prior to any change being made.
6.5 Disallowed payments:
If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will require you to pay on site by cash, cheque, Eftpos or credit card.
6.6 Cancelling without further payment:
Under the following exceptional circumstances the 3 week notification of cancellation requirement will be waived:
a. The participant becomes sick or is incapacitated and a medical certificate is provided
b. You are judged bankrupt by a New Zealand Court. Prior to cancelling we will require appropriate evidence that you have been declared bankrupt.
6.7 Changes to Swim School fees:
We may increase your fees at any time. We will make a reasonable effort to notify you about any fee increases 1 month prior to date that our fees will increase from. Where we have made a reasonable effort to let you know about a fee increase, you authorize us to increase any debits from your nominated account or credit card in line with this increase.
6.8 Swim School fees include GST:
Our membership fees include goods and services tax (GST). Any increase in GST will increase your Swim School fees.
7.0 Your Privacy
7.1 Storage and use of your personal information:
a. or by sending your request by email to: firstname.lastname@example.org/
b. or by sending your request by post to:
The Club Manager
8 Polarity Rise
7.3 Filming and photography in Club:
Sometimes we may film or photograph the Club when it is in use for promotional and marketing purposes of our business. You may appear in the background of any promotional or marketing material. By signing this agreement you agree to allow us to use you or the child/ children in your care image.
8.0 Your Acknowledgement and Acceptance
When joining the Learn to Swim School you must accept:
You have been given the opportunity and have read and understood Northern Arena’s Swim School Terms and Conditions set out above, and you agree to be bound by them.
I acknowledge that I have read, understood and accept the Northern Arena’s Swim School Terms and Conditions set out above, and I agree to be bound by them.