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, if 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 terms 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:
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 an automatically continuing membership.
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 automatic quarterly debit membership payments must acknowledge and agree to the following.
i) Your nominated bank account is debited on a automatic quarterly basis. The amount to be debited is determined by your membership type and minimum term.
ii) Your Membership will continue automatically 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 AUTOMATICALLY 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 bovoking.
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 LESSONS 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:
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.
ACTIVE KIDS VOUCHERS
35. Will not be refunded as per current NSW Government guidance. The Active Kids rebate will remain on your childs account as a credit.
Including that from any device taking an image (photos / video) cameras, video cameras, mobiles phones, ipads, laptops, etc. is not permitted without requesting permission from the swim school and or club manager. Photographs if allowed are only to be taken of your child and should include no other children in the photograph without parental permission from the children’s parents (including in the background of the photo).
SWIMMING AUSTRALIA CHILD WELFARE POLICY
Elixr Swim School is committed to the health, safety and general well-being of all its members. Copies of Swimming Australia Child Welfare Policy can be requested by emailing swim school email@example.com
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.
PRIVACY AND SECURITY
DAMAGE TO PROPERTY
Any member who causes damage to equipment / property of Elixr will be held liable for damages. Members will be held responsible for damage caused by children or guests.
SWIMMING POOL USAGE
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 16 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.
POOLSIDE SWIM SCHOOL CHANGE ROOMS
We encoruage all parents and Swim School students to use the poolside change rooms and disabled / family change room rather than the Elixr Health Club main member change rooms.
Elixr Health Clubs and all the premises within are non-smoking.
PARENTAL SUPERVISION AND GYM EQUIPMENT
Swim School Members less than 16 years of age must be supervised by an adult at all times in the club and cannot use the gym facilities / equipment. Children cannot be left unattended in the club or at reception at any time.
A GUIDE FOR SWIM SCHOOL PARENTS
Your feedback is important to us, please forward any feedback to the Swim School Manager at firstname.lastname@example.org or by calling 02 8113 1109. 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.