Elixr Swim School Membership Agreement Terms, Conditions and Rules & Regulations
1. Elixr is a member of Fitness Australia and complies with the “NSW Fitness Industry Code of Practice” (the “Code”). You acknowledge that the Code has been made available to you and this membership is offered under the provisions of the Code.
2. Elixr and Elixr Swim School reserve the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the club and/or mailing / emailing to your last known address.
3. You agree to be bound by and to uphold the “Elixr Swim School Terms and Conditions”. You acknowledge that you have been provided with a copy of the current Terms and Conditions. The Terms and Conditions may be changed or updated by Elixr Swim School at any time at its sole discretion and without prior notice.
4. It is your responsibility to ensure that you correctly operate any club facilities or equipment. If you are in doubt as to how to correctly operate or use any club facilities or equipment, you must consult an Elixr Swim School staff member for assistance.
5. You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Elixr Swim School unless as set out in this Agreement.
6. You must keep Elixr Swim School informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to this Membership.
7. You acknowledge that you have been given the option of choosing a membership based on a quarterly billing agreement.
8. Membership tags must be presented at reception prior to entry into the club for an attendance record. Entry will not be permitted without a current tag. Lost tags must be reported to reception for replacement. A $15.00 fee will be charged for replacement of membership tags.
9. Guests of members will be charged a Casual Membership Fee and must complete the Guest Register on arrival at each visit.
10. On joining, a photograph of you is required to allow Elixr Swim School to verify your identity each time you enter the club.
Cancellation of Membership
11. You agree that your Membership may be cancelled by Elixr if you do not adhere to the Guidelines, or your behaviour in Elixr is not acceptable or for any other reason that the management of Elixr decides is appropriate. Elixr reserves the right to refuse future Membership to you in these circumstances.
12. The quarterly debit will automatically continue for the next scheduled swim school term unless your membership is cancelled two (2) weeks prior to the current swim school term end date. You must notify Elixr Swim School in writing of your intention to cancel. Membership will then be cancelled immediately if the above notice is provided.
Note that a cancellation fee can apply depending on the date of your cancellation request as below:
• If your membership is cancelled before the direct debit date for the following term, there is no cancellation fee.
• If your membership is cancelled after the direct debit date but prior to the start of term you will incur a $33 cancellation fee.
• If your membership is cancelled between the first day of term and the last day of the fourth week you will incur a $66 cancellation fee and will be charged for all lessons up to this date.
• After week 4, Elixr will not accept any cancellation for that given term.
Changing Membership Types
13. If you wish to change your membership type, you will be required to complete a new swim school membership agreement and commit to a minimum quarterly term.
Member’s Assumption of Risk
Swim School waiver - Acknowledgement
14. You understand that you and/or your child will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you and/or your child or to Elixr, or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the program. You and/or your child assume the foregoing risks including risk of any negligence by Elixr and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you and/or your child may suffer arising out of or in connection with the use of club facilities or participation in programs by you and/or your child, or any minor/person under your supervision, care or control.
Limitation of Liability
15. In consideration of the grant of Membership to you and/or your child, you hereby release and forever discharge Elixr Swim School from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your and /or your child’s Membership and/or use of Elixr Swim School facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Elixr Swim School and its respective owners, directors, officers, employees or agents.
16. In consideration of the grant of membership to you and/or your child, you and/or your child agree that Elixr Swim School will not be liable for any loss, damage or theft of any of your and/or your child’s property except where caused by the gross negligence of Elixr Swim School. Further, Elixr Swim School will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Elixr Swim School and its respective owners, directors, officers, employees or agents.
17. A Quarterly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
18. On each occasion that a scheduled quarterly payment is declined for any reason, the payee gives permission to Elixr Swim School to charge a Payment Declined Fee. The current decline fee of $10.00 may change without prior notice.
19. Should any payments, fees or other debts remain due but unpaid from any source, the payee acknowledges that Elixr Swim School may suspend the Student’s use of the Elixr Swim School Membership Services until all payments, fees and other debts are paid in full. This will result in the student forfeiting his/her class timeslot. If payment is not received within 5 business days the Elixr Swim School Membership may be cancelled
20. All fees and charges are subject to Clause 2 of this Agreement.
21. If you have opted to pre-pay your entire annual membership fee, any renewals thereafter must be for a minimum of one (1) term and full payment must be received by Elixr Swim School at least one (1) week prior to the end of the current term.
22. SPECIFIC ACKNOWLEDGMENTS (All members undertaking quarterly debit membership payments must acknowledge and agree to the following.
i. Your nominated bank account is debited on a quarterly basis. The amount to be debited is determined by your membership type and minimum term.
ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Elixr Swim School with two (2) weeks written notice prior to the current swim school term end date. Membership will then be cancelled immediately if the above notice is provided.
iii. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
iv. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELLED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY ELIXR SWIM SCHOOL.
Swim School Terms and Conditions
23. Classes with less than 50% capacity may be cancelled.
24. Payment must be received by Elixr Swim School at the time of booking.
25. A pro-rata amount will be applied in the event of partial term booking.
26. A non-member to Elixr Health Club enrolled in a swim program is not permitted to use any other club facility or services.
27. Private sessions are via appointment only and must be booked through our swim school manager / support.
28. Elixr Swim School reserves the right to alter and/ or amend the class timetable and / or instructors at its discretion.
29. Elixr Swim School members must scan their membership tag upon entering the club to register swim class attendance. Guests are required to sign the guest register provided to register attendance.
30. Swim School participants are required to wear swim caps and abide by all pool safety rules and regulations displayed in the pool area.
31. Elixr Swim School preferred method of communication is via email. We will send you regular information via email, and it is your responsibility to ensure you have received it. It is highly recommended that you regularly check the details you provided Elixr including your email address.
32. Change in swimming progression level is subject to availability.
Make-up Lesson and Credit Policies
33. Make-up Lesson Policy
Elixr Swim School does not provide make-up lessons under any circumstances.
34. Credit Policy
Credits will only be issued under the following guidelines:
• Credits are only considered for students who have incurred major illnesses, hospitalisation (evidence may be requested).
• Credits will not be granted for any other reason. This includes absences due to going away on holidays, exams or clashes with other activities.
• Any credit request must be received prior to the quarterly direct debit of the current enrolled term.
• Credits will only be considered for three or more consecutive absences from lessons.
• Any approved credits will be applied to the students’ account for future
• To apply for credit:
An application for credit form must be completed and the following documents must be supplied to the Elixr Swim School manager:
- a letter outlining the reason for application and number of lessons missed,
- a doctor’s certificate (for medical reasons),
- and a proof of purchase the receipt from payment.
Any credit application’s approval is at the discretion of Elixr Swim School.
ELIXR SWIM SCHOOL RULES & REGULATIONS
Code of Conduct
The mandatory Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the club premises and must comply with Occupational Health and Safety requirements of the club. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.
Lockers are provided for use ONLY while the member is training in the club, and are used at the member’s own risk. While all care is taken, Elixr will not be held liable for any loss, damage or theft of belongings placed in lockers or brought on the premises. If a pin code cannot be remembered or locker number cannot be identified, belongings cannot be retrieved until the close of the club on the same day. Unclaimed property will be kept for 14 days and thereafter donated to charity.
Swimming Pool (where applicable)
Members must shower before using the pool and wear a swimming cap at all times while using the pool. Food and drink are not permitted in the pool area. Diving is not permitted. Lane direction and restrictions when lap swimming must be adhered to. The pool is unsupervised, hence children under the age of 14 must have adult supervision at all times. No running, diving or jumping is permitted in the pool area.
Children may only use the pool when taking part in a supervised swimming lesson with an Elixr instructor.
The Rules and Regulations, and the interpretation thereof, are subject to change at management discretion. Members should ensure that they are familiar with the current Rules and Regulations applicable at any time.
A GUIDE FOR SWIM SCHOOL PARENTS
1. Have a dress rehearsal at home so your child gets used to wearing swimwear and goggles.
2. Arrive 10 minutes before the start of the lesson so that you and your child become acquainted with the surroundings and will not be flustered.
3. Try to arrive relaxed and positive, especially if the experience is new. Your child will feel secure and lessons are more successful.
4. Toilet your child just prior to their lesson to avoid accidents and disruption during the lesson. If not toilet trained, aqua nappies are to be worn by the infant/toddler while in the pool. Speedo type swimmers are to be worn by all boys, we do not accept board shorts.
5. For the safety and respect of other club members, ensure your child walks, doesn’t run in the club and is supervised at all times.
6. Be considerate of others and use the disabled change room at all times if available. If not available please be mindful of how much space you are taking up in the change room and leave prams in the corridor.
7. Please stay back from the pool edge while swimming lessons are in progress. It’s great to encourage your child but please leave the discipline and teaching to the instructor.
8. Goggles are a vital aid at various stages of the learning process. They allow the child underwater vision. Goggles can be used for practice in between swimming lessons in the bath tub.
9. It is compulsory for all participants (except infants) to wear swim caps. They keep hair out of the eyes and mouth and allow goggles to slip on more easily. They also help enormously with the pool filtration and therefore keep the pool clean.
10. For their own safety, it is important that children do not enter the pool before or after their scheduled swimming class. This also reduces the distractions to children in other lessons
Your Feedback is extremely important to us, please forward any comments or feedback to the Swim School Manager at firstname.lastname@example.org or by calling 8113 1109.