Membership Terms & Conditions

Selwyn District Council – Standard Membership Terms and Conditions 
As at 1 July 2025 

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 Policy, set out the legal terms on which you can use the facilities.

Your use of our facilities is conditioned upon your acceptance of these Terms.

1. General

1.1  In these Terms, 'you' means the person named in the Portal, and 'we', 'us' or 'our' means the Selwyn District Council.

2. Facilities and activities

2.1  We agree to make the:

(a) sports and/or recreational facilities operated by us,

(b) activities (e.g., group fitness, aqua fitness, adult and children’s recreational classes)

available to you under these Terms and as agreed via the Portal.

Facilities opening hours

2.2  Facilities are available during the opening hours set out on the Portal, on a first-come-first-served basis.

2.3  We may close the facilities, including at statutory holidays, for special events and for maintenance work. You are not entitled to any fees refund for such closures.

2.4  We provide information on the facilities hours of operation via:

(a) emails,

(b) text messages,

(c) the facility’s notice boards,

(d) the Portal, and/or

(e) our social media pages.

Access to the facilities, equipment and activities

2.5  Particular equipment or activities may not always be available, or may be periodic or seasonal.

2.6  We may restrict access to certain facilities or activities for health and safety reasons.

2.7  We are not liable for any closures and limitations set out above.

3.Memberships and passes 

3.1In creating your membership and pass, you agree that:

(a) you are at least 18 years of age and have the legal authority to enter into contracts, or, if you are aged 16 to 17 years, you will sign up with a parent or guardian’s written consent;

(b) you will use the facilities lawfully and in compliance with these Terms;

(c) all information supplied by you (e.g., name, phone number(s), postal address, email address, emergency contact numbers) is true, accurate, current and complete (this means that you will keep that information up to date at all times);

(d) if you have a Selwyn Recreationaccount (account) with us, you will: (i) safeguard your account information, (ii) be responsible for any use of your account by you or others; and

(e) you are responsible for paying any amounts due under your membership and pass.

Memberships

3.2To create a membership, you must follow:

(a) the account creation instructions provided through the Portal, or

(b) the instructions provided by our staff at the relevant facility.

3.3  Facilities access vary depending on the type of membership.

3.4 Memberships are either single facility (and may be limited to a single activity within the facility) or multi facility. A full list of facilities accessible with each membership type is available on our Portal.

3.5  Memberships may be either:

(a) Open Term - your membership will continue until we or you end it in accordance with these Terms. You must pay your membership fees in advance by recurring payment at the frequency set out on the Portal.

(b) Minimum Term - your membership will have a minimum term, as specified on the Portal. After the end of the minimum term, your membership will continue until we or you end it in accordance with these Terms. You must pay your membership fees in advance by recurring payment at the frequency set out on the Portal.

(c) Fixed Term - your membership will continue for a fixed term, as specified on the Portal. At the end of the fixed term, your membership will automatically expire. Membership fees must be paid in advance at the frequency set out on the Portal.

Flexi (concession) pass, and summer pool season pass

3.6 You can purchase a flexi (concession) pass and a summer pool season pass:

(a) via the Portal, or

(b) following the instructions provided by our staff at the relevant facility.

3.7  Flexi (concession) passes will expire 24 months after the date of purchase, when they will automatically expire.  Any unused passes after expiry are non-refundable. This pass can be used by you and any persons nominated by you holding your pass. This pass must be paid in advance.

3.8  Summer pool season pass will expire by the end of the relevant season. It can be used at Darfield and at Southbridge pools by anyone physically holding the relevant pass card, which must be scanned at the pool. The card holder can take guests to the pool.

3.9  The pass and card holder shall take responsibility (and liability) for ensuring that their guests comply with these Terms. Failure to do so is a breach to these Terms.

4. Commencement and cancellation 

Commencement

4.1  Your membership and pass will:

(a) commence on the first payment of the fees (or any other agreed start-date), and

(b) continue until the end of the fixed term (for fixed-term memberships), or until cancelled or terminated under these Terms.

Cancellation of open-term membership

4.2  You may cancel your open-term membership by giving your facility a 30 days’ notice via the Portal or directly at the facility. Your open-term membership will be cancelled from the next payment due date after the 30-day period expires.  No administration and/or cancellation fee will be charged.

Cancellation of any membership during the “cooling-off period”

4.3 You may cancel any membership within five-days of joining by making a request to our staff.  If you cancel your membership within that time period, we will require you to pay for the days that you have had access to our facilities, at our standard daily rate (as set out at the Portal), and for any goods you have received on joining. No administration and/or cancellation fee will be charged.

Cancellation of your open-term all access memberships during the free trial period

4.4 You will be provided with a two-weeks free trial for your open term all access membership once every 12-month period. You may cancel such membership during that free trial by making a request to our staff at the relevant facility. No administration and/or cancellation fee will be charged.

Cancellation of any membership and concession due to illness

4.5 You may cancel any membership for reason of diagnosed illness preventing your use of the facilities. The facility management may require you to provide evidence to support your request. No administration and/or cancellation fee will be charged.

Cancellation of all memberships and passes

4.6 You may cancel your memberships and passes by providing us with a 30 days’ notice directly at the facility. Except as otherwise provided under this clause 4, we do not provide refunds.

4.7 You cannot cancel your pass.

Cancellation of any membership and concession after changes to these Terms

4.8 You may cancel your membership on 30 days’ notice directly at the facility if you are, in our reasonable opinion, adversely affected by any changes to these Terms made by us. No administration and/or cancellation fee will be charged.

5. Cancellation of activities

5.1 We offer activities at some facilities, as described on the Portal.

5.2 You can book activities via the Portal or directly at the facility.

Cancellation of activities by us

5.3 If we cancel an activity after you had already booked it, we will:

(a) inform you of such changes by email or text message, and

(b) refund you as noted below.

If you purchased the activity directly at the facility, please contact your facility with copy of your receipt to (i) request a refund to purchase another activity, or (ii) request a cash refund.

If you purchased the activity via the Portal, refunds will be done automatically to your account.

Cancellation of activities by you

5.4 If you cancel an activity 24 hours before it starts, we will refund you as noted below.

If you purchased the activity directly at the facility, please contact your facility with copy of your receipt to (i) request a refund to purchase another activity, or (ii) request a cash refund.

If you purchased the activity on the Portal, refunds will be done automatically to your account.

Cash refunds

Our staff can provide you with cash refunds for amounts less than $100. For refunds exceeding $100,00, we may require you to complete a refund application. We aim to process such cash refunds applications within ten (10) business days.

6. Minimum age to access gyms at the facilities

6.1  For health and safety reasons, the minimum age for access to gyms at the facilities is 14 years old.

6.2  Age restrictions may apply to some equipment and group classes.

7. Membership transfers

7.1  You cannot transfer your membership to anyone else.

8. Suspensions of membership

8.1  You can suspend your membership if its term is 12 months or longer.

8.2Subject to clause 8.1, you can suspend your membership multiple times per year (including the Christmas period) for a minimum period of 14 days and a maximum period of 56 days per calendar year, free of charge, by giving us notice via the Portal or directly at the facility.

9. Privacy

9.1 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 is incorporated by reference into these Terms, to understand our practices.

9.2 We will use that information for purposes required for the operation of the facilities, including administration of your account, and to market our facilities and activities to you, provided that we have your consent to do so.

9.3 We may take general photographs or videos of the facilities. If you 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 from any and all claims and demands in connection with the material or its future use.

10. Medical

10.1 You must:

(a) ensure that you 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.

11. Selwyn Recreation Card 

11.1  We will give you a Selwyn Recreation Card (“Card”) when you create a membership.

11.2  Your Card is for personal use only. You must present your Card on entry to the facilities and on request by any member of our staff.

11.3  Except if allowed under this Terms depending on your membership type, we reserve the right to terminate your membership if your Card is used by someone else or if you gain access to the facility without using your Card.

11.4 You must tell us immediately if you lose or damage your Card. You will be charged a replacement fee for any replacement Card, as outlined in the Portal.

12. Conduct

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

(a)  only use the equipment and facilities in a safe and sensible manner (including wearing appropriate footwear etc.).

(b)  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.

(c)  maintain appropriate standards of dress and hygiene.

(d)  not engage in any unauthorised commercial activity.

(e)  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.

12.2  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).

13. Independent specialists

13.1  Independent personal trainers, coaches, physiotherapists and other consultants providing services at the facilities are not our employees or agents. The use of their services is between you and them (including payment terms). We are not liable or responsible for their activities.

13.2  You must only use the services of independent specialists who have written permission from the facility manager to conduct business in and around the facilities.

14. Fees

14.1  You must pay all applicable fees, charges and expenses, and GST, as applicable, for the term of your membership. Our fees, including administration fees, are published on our Portal.

14.2  You are not entitled to any refund if you don’t use your membership for any reason.

14.3  Your membership does not include food, drinks, special classes or the services of an independent specialist.

15. Changes to fees

15.1  If we decide to change our fees, we will give you 30 days prior notice via email and via notices at the facilities.

15.2  If you are not happy with the change in fees, you may cancel your membership as set out in clause 5 above at any time before the change in fees takes effect. If you terminate your membership under this clause, we will not charge you a cancellation or administration fee.

16. Recurring Payments

16.1  You might select to pay your membership fees via recurring payments. If you do, this section applies to your membership.

16.2  Recurring payments may be administered by us or by a third party appointed by us (Third-party).

16.3  If a Recurring payment cannot be processed (e.g., because of insufficient funds or changes to your credit card details), we or the Third-party will advise you of the payment failure and may charge you administration fees.

16.4  If you cancel the recurring payments, or the recurring payment cannot be processed for two successive payment due dates, we may terminate your membership by providing you with written notice of termination.

16.5  After one missed payment we may suspend your membership until a new payment plan is in place. To rejoin as a member or end any suspension due to non-payment of fees, you must pay all amounts owing plus any applicable joining or administration fees.

16.6  You are required to submit the completed recurring payments forms and any associated forms before the commencement date of your membership.

16.7  If your payment date falls on a public holiday, the payment may be taken out of your account on the next working day.

17. Termination 

Termination by us

17.1  We may terminate your membership immediately if you materially breach any of these Terms. You are not entitled to a refund in that case.

17.2  In the event your membership is terminated due to non-payment of fees, your account may be sent to a debt collection agency for recovery. Any recovery costs will be added to your outstanding account balance that is payable to the agency.

Termination by you

17.3  Subject to clause 5, you may terminate these Terms by giving the relevant Facility 30 days’ notice via the Portal or directly at the facility. We will process your request after we receive and acknowledge it to you.

18. Liability

Our liability

18.1  Use of the facilities is entirely at your own risk, and you are responsible for your property when you use the facilities. Without limiting your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, neither Selwyn District Council 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.

18.2 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.

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

Your liability

18.4  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.

18. Variations to these Terms 

18.1  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.

19. Assignment

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