We are glad that you are taking the time to read these terms and conditions (Terms). These Terms are important as they, together with the information at the Selwyn Recreation Portal (Portal), and our Privacy Statement, set out the legal terms on which you/your child can learn how to swim with us.

Selwyn.govt.nz/privacy

1. General

1.1 In these Terms:

“Actively Supervised” means to watch and be immediately available to assist your child at all times.

“Facilities” means the Selwyn Aquatic Centre and the Darfield Pool.

“Swim School” means all learn to swim classes offered by Us.

“You” and “Your” means the person named in the Portal (or as signed up by our staff, upon your request), who must be at least 18 years of age and have the legal authority to enter into contracts. You might be the Swim School member or be responsible for a minor Swim School members, as their parent, guardian or caregiver.

“Us”, “We” and “Our” means the Selwyn District Council.

2. Facilities and Swim School

2.1 In purchasing Swim School lessons, you must:

  • (a)  provide us with correct contact information and keep that information up to date at all times (name, phone number(s), postal address, email address, emergency contact, relevant learning and medical information and any other necessary information requested through the sign-up questionnaire on the Portal), and
  • (b)  use the Facilities lawfully and in compliance with these Terms.

2.2 Facilities are available during the opening hours set out on our website from time to time, on a first-come-first-served basis.

2.3 We do not operate Swim School on public holidays or the observation day of a public holiday. We may also close the Facilities for special events and for maintenance work, which may, at time, impact availability of Swim School

2.4 We provide information on the Facilities via one or more of the following:

  • (a)  emails,
  • (b)  text messages,
  • (c)  the Facility’s notice boards,
  • (d)  the Portal, and/or
  • (e)  our social media pages.

2.5 You must adhere to the Facility rules at all times. A copy of the Facility rules can be found on the wall of the Facility.

2.6 The Facility rules may be changed at any time by us at our discretion.

2.7 If a Swim School member is planning to swim for more than 10–15 minutes before or after their lesson, normal admission must be paid before entering the Facilities.

2.8 You are required to pay admission fee before entering the Facilities if you are planning to swim while your child is attending Swim School.

3. Fees, Payment and Recurring Payments

3.1 Fees will be charged in accordance with the prices in place at the time. A copy of the current prices can be found at https://www.selwyn.govt.nz/recreation-And-facilities/recreation-And-sport/prices.

3.2 We reserve the right to change to our fees at any time. We will notify you of this via email and notices in the Facility. If you are not happy with the change in fees, you may cancel your enrolment at any time before the change in fees takes effect, with cancellation effective from the date fees change takes effect. If you terminate your enrolment under this clause, we will not charge you any additional fees.

3.3 Swim School bookings are confirmed when payment is received in full.

3.4 As we do not operate on public holidays or the observation day of a public holiday, if your lesson happens to coincide with a public holiday, there will be no charge for that lesson.

4. Bookings, Cancellations and Absences

4.1 You can book Swim School via the Portal, and assistance may be available at the Facility to assist you using the Portal.

4.2 Bookings for group lessons are available on a first-come, first-served basis. Each term you will receive a link inviting you to book the following term, at which point you may book available spots.

4.3 Bookings for private lessons are reserved, and if your teacher and lane space is available, you will be sent a link to book your specific class again. We do not guarantee that your teacher and/or lane space will be available term-to-term.

4.4 Changes to your allocated space may be made by withdrawing from your booked space. If you make changes before the end of week 3 of each term we will apply a credit which you can use to book a new class spot. Additional changes beyond this date will be at our discretion.

4.5 We reserve the right to cancel or change class levels or time as demand requires. This includes if you are not changing levels.

4.6 You must advise us of any changes to your and your child’s health that may affect your and their bookings. To advise us of any changes you must update the Portal and email us at swimschool@selwyn.govt.nz.

Cancellation by us

4.7 If we cancel Swim School we will notify you via text message, phone and/or email, you are entitled to a credit to be used for a subsequent booking.

Withdrawal by you

4.8 In exceptional circumstances or in cases of serious medical circumstances (that require three or more consecutive weeks of non-attendance) we may allow you to withdraw from lessons and receive a credit for lessons that would have occurred after the date the withdrawal was accepted by us. We may require you to provide us with medical evidence to support your request. No administration and/or withdrawal fee will be charged if we accept your withdrawal.

5. Instructors

5.1 We aim at maintaining consistency with instructors, however this is not always possible and instructors may change from time to time due to circumstances beyond our control. All instructors are trained in swim teaching. They undergo regular training sessions to maintain high teaching standards.

6. Privacy, CCTV and Photography

6.1 We are committed to the privacy, confidentiality, and security of personal information entrusted to us. Please review our current Privacy Statement, which also governs your membership/concession and is incorporated by reference into these Terms, to understand our practices.

6.2 CCTV may be in place and operational at the Facilities for safety reasons. This includes filming for the purpose of in-house swim instructor training will take place from time to time. You agree for your child to be filmed as part of this process.

6.3 We may take general photographs or videos of the Facilities. If you or your child appear in those photographs or videos, you agree that we may use them for marketing and promotional purposes and that you have no rights or copyright in the material. You release us, the photographer or filmmaker, and each of their licensees and assignees, from any and all claims and demands in connection with the material or its future use. We will seek your consent before using any photos or videos in which you are clearly recognizable as an individual swimmer.

6.4 You must get the permission of the swimming teacher in charge of the lesson and the impacted people before taking photos or videos other than you and your children.

6.5 Photographic or recording devices of any description are prohibited in all changing areas.

6.6 When you sign in at front counter, the display screen can be read by members of the public. It will display your name, any class you are eligible to attend, and a profile picture if you have one. This screen allows you to confirm your details are correct. If you do not want your details to be displayed, please see the counter staff to record your attendance.

7. Safety and Health

7.1 Your safety is our primary concern. To reduce the risk of accidents, safety measures are in place at our Facilities. It is however your responsibility to ensure your child(ren)’s safety at all times while at our Facilities.

7.2 All children under the age of eight years must be Actively Supervised by you or caregiver aged 16 years or over appointed by you during their lesson and in any of our pools.

7.3 To ensure that everyone enjoys the Facilities please follow these guidelines:

  • (a) If your child has had an upset tummy or diarrhea in the last two weeks, please abstain from swimming for two weeks after the symptoms have cleared. This helps prevent spreading illness and infection to other patrons.
  • (b)   Take your child to the toilet before they swim and wash hands after going to the toilet.
  • (c)  Pre-schoolers not completely toilet trained are required to wear an approved swimming nappy such as “Little Swimmers”.
  • (d)   Inform us of any medical conditions you or your child has. This will remain confidential.

8. Medical

8.1 You must:

  • (a)  ensure that you/your child are fit and healthy to undertake your chosen activities; and
  • (b)   consult with your doctor to ensure that your planned activities are suitable considering your health conditions.

9. Conduct

9.1 You must comply with all rules displayed at the Facilities, on the Portal and the instructions of our staff, including:

  • (a)  be courteous, considerate and respectful of our staff, other members and members of the public using the Facilities. Unlawful, disruptive, dangerous or offensive actions will not be tolerated.
  • (b)   maintain appropriate standards of dress and hygiene.
  • (c)  not engage in any unauthorised commercial activity.
  • (d)   not carry out any illegal acts on the premises.
  • (f) comply with all our health and safety requirements, including any instructions or directions given to you by our staff.

9.2 We reserve the right to require you (and any guests) to leave the premises immediately if you carry out any activity which we consider to be dangerous, offensive or in breach or any health and safety requirement (whether it is documented or not).

10. Termination

10.1 We can terminate your Swim School and these Terms immediately without notice if you commit a material breach of these Terms, or for serious or repeated breach of the Facility rules.

11. Our Liability

11.1 Use of the facilities is entirely at your own risk, and you are responsible for your property when you use the Facilities.

11.2 Without limiting your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, neither us nor any of our staff, employees or contractors are liable for any loss, damage or physical or mental injury arising out of or in connection with your use of the Facilities except to the extent that we have caused or contributed to such loss or damage.

11.3 To the maximum extent permitted by law, in the event we are liable to you for any reason, our liability to you is limited to a maximum amount equal to the value of the fees paid by you in any 12-month period.

11.4 Personal injury in New Zealand is covered by the Accident Compensation Act 2001.

12. Your Liability

12.1 You indemnify us in respect of all costs (including legal costs), losses, damage and expenses suffered or incurred by us and any other person claiming through us as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to your use of the Facilities and exercise of your rights under these Terms. This indemnity survives the termination or cancellation of these Terms.

13. Variations to these Terms

13.1 We may amend or change these Terms from time to time. You will be notified of any such changes via email and via notices in the Facilities.

14. Assignment

14.1 We may assign or transfer any of our rights or obligations relating to your membership to a third party upon writing notification by you.