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TERMS & CONDITIONS

Last updated January 24th 2025

General

  • Swimsations primary form of communication is via email. It remains our clients responsibility to keep their email up to date to receive all service and booking updates.
  • At enrolment the student (or their parent/caregiver) is required to notify Swimsation of any medical conditions or disabilities the student has so we can provide the correct tuition, assistance and/or support to each student.
  • Swimsation facilities are smoke and alcohol free establishments, and as such no smoking or alcohol consumption is permitted on or around the premises.
  • These terms and conditions are subject to change without prior written notice at any time, at Swimsation’s sole discretion.

PAYMENT FOR LESSONS

  • Our lessons are charged at a per lesson rate, in monthly blocks. The price per block is calculated based on the Price-Per-Lesson rate and the number of weeks in that month (refer to prices on website for more details).
  • All invoices will be emailed and available in your customer portal 7 days before the start of a new month or at the time of enrolment if join part-way through a month. Invoices are due on the 1st of the month the lessons are due to take place & need to be paid prior to lessons commencing by direct debit (details available on the customer portal) or Eftpos/Credit Card at the pool.
  • Swimsation does not operate public holidays and you will not be charged for lessons that fall on public holidays (refer to customer portal for more details)

Missed Lessons

  • Swimsation Standard Group Lessons
    If you are going to miss a lesson due to sickness or maybe even a party you will be entitled to a make-up token if you are booked into a Standard Swimsation Group Lesson and you log your absence on the customer portal at least 3 hours before your lesson start time. Swimsation do not credit missed Standard Group Lessons.
  • Make-up tokens are valid for 60 days from the date of absence. You must be booked & paid for the month to use a make-up token during that month.
  • We will do our best to help you find an appropriate class for you to use your make-up token, however, Swimsation cannot guarantee the availability of make-up lessons will always suit your availability or be with your standard instructor.
  • Swimsation reserves the right to re-schedule programmed make-up lessons
  • Make-up tokens can not be refunded
  • Swimsation Private Lessons
    Swimsation Private Lessons do not earn make-up tokens. However, if you let us know via email that you are going to miss your lesson you will be entitled to a credit if you let us know as follows:

    Weekday Privates: Before 12pm on the day of your lesson 
    Weekend Privates: Before 8am on the day of your lesson
  • Private lesson credits can be used to book an additional private lesson and/or at the Swimsation shop.
  • Private lesson credits can not be refunded
  • Swimsation Special and Funded Programmes
    Any subsidised or funded lessons do not earn make-up tokens and missed lessons are not credited or refunded.

TIMING OF LESSONS

  • Swimsation cannot guarantee everyone the lesson times they request, but Swimsation will make all reasonable endeavours to accommodate all members to the best of their ability.
  • Swimsation reserves the right to change lesson times and program content, as required, to meet the requirements of booking demands.
  • All lessons will run to the specified timings and will not run over. It is the student’s reponsbility to be there on time and students are to be changed and ready to go at the lesson’s start time.
  • Swimsation does not run lessons on Public Holidays.

Cancellations

  • Fees are non-refundable and non-transferable, but account credit may be extended at the discretion of the Administration and/or Swim School Manager on a case by case basis.

Termination of Lesson Attendance

  • Swimsation may terminate a student’s lessons, at its sole discretion, if (1) payment or an acceptable alternative is not made, (2) the student violates any part of these Terms and Conditions, or (3) the student and/or parent conduct is improper and/or harmful to the best interests of Swimsation or its other students. No refund or credit will be provided.

Parent and/or Caregiver Attendance during Lessons

  • Parents or caregivers of students under the age of 12 in non-squad classes are required to be in attendance at all times.
  • Parents or caregivers in baby programs must be in the water with infants at all times.

Swimsation Lesson Rules

  • Listen to direction of Swimsation staff at all times
  • No running
  • Jumping and diving are only allowed under an Instructor’s supervision and direction.

Swimming Attire

  • All students must wear suitable swimming attire (e.g. swim costumes and rash tops) for all swimming lessons. No T-Shirts, underwear or other clothing are to be worn in the swimming pool.
  • All students who are not toilet trained must wear water proof nappies.
  • Students are expected to have their own swimwear, goggles and swim caps.
  • Swimsation does not provide loan equipment for lessons but these are available for purchase at each facility.

Photos and/or Videos

  • Swimsation reserves the right to take photos and/or videos of groups of students in their lessons, and you consent to us using this material for our reasonable promotional and training purposes by agreeing to the terms and conditions upon enrolment. Swimsation will seek your consent before using any recognisable photos or videos featuring an individual student.
  • Photos or videos may only be taken at the facility by parents/caregivers with the prior consent of the Facility Manager. If permission is given, you must not take photos of anyone other than your own children.

Security cameras

  • The security camera is installed at the front entrance to enhance the safety and security of the premises, including monitoring for any suspicious activity, preventing crime, and protecting property. It is not intended to record or monitor individuals in private spaces.
  • The security camera captures footage of individuals who enter or approach the front entrance area. The footage may include images and videos of individuals, which may be considered personal information under the Privacy Act 2020.

  • The footage recorded by the security camera will be used solely for security purposes, including: Monitoring and recording activities at the front entrance, investigating incidents of suspicious or criminal activity and assisting with identifying individuals in the event of an incident.
  • The footage will be securely stored and protected against unauthorized access.
  • Footage will be retained for a period of 30 days unless required for a longer period for investigation or legal purposes. Once the retention period has expired, footage will be automatically deleted.
  • Only authorized personnel will have access to the recorded footage. In the event of an incident or inquiry, access may be granted to law enforcement or other relevant authorities in compliance with the law.
  • We take the security of the footage seriously and have Verkada as our service provider to protect footage from unauthorized access, loss, or damage. This includes encryption, restricted access, and regular security audits.

Limitation of Liability

  • Swimsation is not responsible for any personal property that is damaged, lost or stolen while in or around Swimsation premises.
  • You are liable for any and all unreasonable damages you or your child cause to the equipment or physical infrastructure at Swimsation and you may be required to reimburse Swimsation for such damages.
  • You assume all risk of injury and waive all rights to pursue damages or any other relief of any kind as a result of anything occurring in or near Swimsation premises. In the event that you or your child are injured while on Swimsation premises, you will hold Swimsation and all owners, employees, agents, successors and assigns of Swimsation harmless from all claims of any sort for damages or for other relief, including but not limited to claims for contribution, except where provided for in the Consumer Guarantees Act 1993.

Privacy Policy

  • Swimsation may use any information that you directly or indirectly transmit to us to help ensure that we provide you with quality service, and to enable us to keep you informed and up to date with reports, newsletters and details of service changes. In addition, Swimsation may use your information to provide additional information to you about the full range of services we offer. If you do not want to receive this information, please let us know by emailing us.
  • All personal information you supply to us will be treated in accordance with the Privacy Act 2020. We will take reasonable steps to ensure that any identifiable personal information we have collected is stored securely and will not be disclosed outside of Swimsation without your consent.
  • Under the Privacy Act 2020, you have the right to:
    • Request access to any personal information we hold about you (including security footage).
    • Request corrections to any inaccurate information we hold about you.
    • Lodge a complaint with the Office of the Privacy Commissioner if you believe your privacy has been violated.

Acceptance of Terms and Conditions

  • By enrolling in a Swimsation program you are acknowledging your acceptance to these Terms and Conditions.
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