Terms & conditions
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Membership terms and conditions
Terms and conditions for members of Christchurch City Council Recreation and Sport Centres.
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Standard membership terms and conditions1. Definitions
1.1 In this agreement unless the context otherwise requires:
Agreement means the Membership Agreement together with these terms and conditions of membership.
Recreation and Sport Centres means the following recreation and sport centres operated by the Council: Graham Condon Recreation and Sport Centre, Jellie Park Recreation and Sport Centre, Pioneer Recreation and Sport Centre, Taiora QEII Recreation and Sport Centre, Te Pou Toetoe Linwood Pool, Matatiki Hornby Centre, Parakiore Recreation and Sport Centre and the Council’s Summer Pools.
Council means the Christchurch City Council and its employees, agents, consultants and contractors and references to we or us is a reference to the Council.
Discount Card means a card that entitles the holder of the card to a discount on our services, being any of the following cards: Community Services card, Secondary Student Card, Hāpai Access card and/or a Super Gold Card.
Pool Membership means a membership option which entitles you to use, at Recreation and Sport Centres, the pools, spa, sauna, steam room, aqua classes and adult Swimsmart classes (where available), but does not include use of the hydroslides.
Gym Membership means a membership option which entitles you to use the fitness centre and attend group fitness classes at Christchurch City Council Recreation and Sport Centres, but excludes any use of the pools, spa, sauna, steam room, hydroslides, aqua classes and adult Swimsmart classes.
Gym and Pool Membership means a membership option which entitles you to use, at Recreation and Sport Centres, both:
- the fitness centre, including attendance at group fitness classes; and
- the pools, spa, sauna, steam room, aqua classes and adult Swimsmart classes (where available), but not including use of the hydroslides.
Prepaid Membership means a fixed term Pool Membership, Gym Membership or Gym and Pool Membership paid for by you in one lump sum upfront and not able to be cancelled during its term.
Direct Debit Membership means a flexible term:
- Pool Membership, Gym Membership or Gym and Pool Membership paid for by you weekly, fortnightly or monthly in advance, by direct debit.
Member means the person named on the Membership Agreement and references to you or your, is a reference to the named member.
Membership means your membership of one or multiple Recreation and Sport Centres being either a Prepaid Membership or a Direct Debit Membership and as further described in this Agreement.
Membership Fees means the membership fees payable by you as set out on the Membership Agreement at the time of signing.
Membership Agreement means the attached registration form for becoming a Member of Recreation and Sport Centres, which must be completed and signed by the Member and their caregiver or legal guardian if they are under 18 years of age.
Minimum Membership Period means 4 weeks from the commencement date of your Direct Debit Membership.
Minimum Freeze Period means two weeks.
Rules of Use means the rules pertaining to the use of the Recreation and Sport Centres, as displayed at Recreation and Sport Centres or online, as amended by the Council at any time at its discretion.
Summer Pools means the outdoor pools owned and operated by Council in the summer months only, being Te Hāpua (Halswell), Waltham and Norman Kirk Memorial Pool in Lyttelton.
2. Application of agreement2.1 This Agreement is between the Member and the Council and applies to your access to, and your use of, the Recreation and Sport Centres.
2.2 This Agreement together with the Rules of Use constitutes the entire agreement between you and the Council relating to your Membership of the Recreation and Sport Centres and replaces all prior agreements or undertakings, whether these are written or verbal.
2.3 We may need to make changes to this Agreement or to the Rules of Use from time to time. We will give you notice of any changes by email, text, social media or by notification within our Recreation and Sport Centres. Where we reasonably believe that a change will be detrimental to you (unless that change is required by law) we will offer you the right to cancel this Agreement.
2.4 For access identification purposes only, as a condition of Membership we will take a photo of you to attach to your account on our digital Membership database.
3. Membership type3.1 The Membership type for this Agreement is set out on the Membership Agreement.
3.2 A Prepaid Membership may be upgraded to a Membership type of higher value. A Direct Debit Membership may be upgraded at any time or downgraded to another membership type after the Minimum Membership Period. We will change any direct debit amount to reflect any fee changes.
3.3 You may not transfer your Membership to another person.
4. Membership period4.1 A Prepaid Membership will begin and end on the dates set out on the Membership Agreement.
4.2 A Direct Debit Membership will begin on the start date set out on the Membership Agreement and has no set end date. You can cancel your Membership at any time after the Minimum Membership Period by providing notice in writing in person at a Recreation and Sport Centre or via email. We will not accept verbal notice of cancellation of your Membership.
4.3 The Minimum Membership Period excludes any period of time that your Membership was frozen by you, suspended by the Council or is an unpaid/free promotional offer.
4.4 If you decide to cancel your Membership before the end of the Minimum Membership Period you will be required to pay any Membership Fees still owing for the Minimum Membership Period.
5. Membership fees and discount cards5.1 If you have selected a Prepaid Membership you must pay the Membership Fees in one lump sum at the time of joining
5.2 If you have selected a Direct Debit Membership, you agree to pay the Membership Fees by direct debit in the amount set out on the Membership Agreement and in accordance with clause 6
5.3 Any Discount Card must be presented at the time of Membership registration, renewal or when requesting a Membership discount, in order to receive the discount. Discounts cannot be applied for if, at the time of renewal, the Membership account is not fully paid up to date, nor can a discount be applied for retrospectively. You may be asked to show your Discount Card as proof of discount eligibility from time to time. You must tell us immediately if you become ineligible for a discount. When any discount eligibility ends, your Membership Fees will revert to the applicable full rate fee as at the end of the eligibility period.
5.4 When signing up to a discounted membership online we require a clear image of your valid Discount Card including the expiry date and your name. If this is not supplied at time of sign up, you will be given a maximum of 30 days to provide this. If we do not receive proof of discount eligibility within the 30 days your membership will be reverted to full price. You may be required to pay the difference between the discounted rate and full retail rate. If you have an outstanding balance on your membership, your access card will be deactivated, and you will not be able to access or use any Recreation & Sport Centre.
If you have prepaid for your discounted membership and not provided the required proof of discount eligibility, we may shorten the duration of your membership, by modifying the end date, to reflect the shortfall in payment.
5.5 Any changes in your Direct Debit Membership Fees due to a change in your Direct Debit Membership category will be reflected in the next scheduled direct debit.
5.6 Pool, Gym and Gym & Pool Direct Debit Membership Fees are reviewed annually and may change after they have been reviewed. We will notify you 30 days in advance of any changes to the Membership Fees. If you do not wish to accept the increase in the Membership Fee you may cancel your Membership, but you must do so before the first direct debit at the new rate.
5.7 The membership fees paid are for your entitlement to use the facilities and not for actual use. All fees remain due and payable if you chose not to use the Recreation and Sport Centre and no refund will be given for non-use.
5.8 Credits are valid for 12 months from the date of issue.
6. Payments by direct debit6.1 If you have selected a Direct Debit Membership you will need to complete a direct debit authority. All Membership Fees and other payments that are payable to us under this Agreement will be deducted automatically from your bank account and paid to us under that Authority.
6.2 Payments for the Direct Debit Membership are able to be paid weekly, fortnightly, monthly and will commence on the start date stated in the Membership Agreement.
6.3 We will give you written notice of the start date, frequency and amount of payments.
6.4 We are able to change the direct debit amount to reflect any fee increases made in accordance with Clause 5.5
6.5 If you default on a direct debit payment your access card will be deactivated, and you will not be able to access or use any Recreation & Sport Centre.
6.6 If you default on a weekly or fortnightly direct debit payment, your access will be deactivated and will remain de-activated, until the outstanding amount is paid. If you have not paid the outstanding amount by the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the full outstanding amount is not paid prior to the date on which the fourth consecutive direct debit payment is due, we may cancel your membership.
6.7 If you default on a monthly direct debit payment, your access will be deactivated and will remain deactivated until the outstanding amount is paid. If you have not paid the outstanding amount by the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the second direct debit attempt is unsuccessful your Membership may be cancelled.
6.8 If your Membership is cancelled, we will refer collection of the debt that you owe to us to a collection agency. You are liable for any collection costs incurred.
6.9 We reserve the right to decline a direct debit membership if you have previously defaulted. We are able to offer you the option to transfer to a Prepaid Membership (which is paid in one lump sum upfront). If you choose not to take up this option, we reserve the right to cancel your Direct Debit membership under clauses 6.6, 6.7 or 10.1.
6.10 We reserve the right to refuse Members the Direct Debit Membership option.
7. Rules of membership7.1 You agree to comply at all times with:
- this Agreement;
- the Rules of Use as displayed at each Recreation and Sport Centre;
- any new rules and conditions advised by us to Members of the Recreation and Sport Centres at any time; and
- any lawful and reasonable directions we notify to Members of the Recreation and Sport Centres, at any time.
7.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on Recreation and Sport Centres’ premises, and you must at all times comply with our health and safety requirements, including those directed to your own health and safety. Our decision as to what constitutes an offensive, threatening, inappropriate or dangerous activity will be final and binding.
8. Suspension of membership8.1 If we consider, in our discretion, that you have committed a breach of the terms of this Agreement we may suspend your Membership with immediate effect. If we suspend your Membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your Membership is suspended, you will be excluded from all Recreation and Sport Centres for a period that we in our discretion consider reasonable. A breach of this Agreement by you includes (but is not limited to) you:
- breaching the Rules of Use, or any other rules and conditions or lawful and reasonable direction we give you; and/or
- carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on Recreation and Sport Centres’ premises.
8.2 You must still make all payments owing to us while your Membership is suspended. We will not refund any amount of your Membership Fees that are paid during a period of suspension.
9. Freezing your Gym & Pool, Gym or Pool Membership9.1 A Direct Debit Membership may not be frozen before the first direct debit payment date, retrospectively or if your Membership account is in arrears. You may freeze your Direct Debit Membership up to four times within a 12-month period from the original Membership start date for a minimum period of two weeks and a maximum period of four weeks each and a total maximum period of 16 weeks.
9.2 A holder of a one-month Prepaid Membership is not able to freeze their Membership.
9.3 You may freeze your 12-month Prepaid Membership up to four times within a 12-month period from the original Membership start date for a minimum period of two weeks and a maximum period of four weeks each and a total maximum period of 16 weeks.
9.4 In order to freeze your Membership you must complete the membership freeze process online or in person, at a Recreation and Sport Centre, or by sending us an email. We will not accept verbal notice of a Membership freeze. When you freeze your Membership, you must tell us the date on which your Membership will be reactivated.
9.5 On your specified reactivation date, your Membership will be automatically reactivated. You must give us five days prior notice if you want to change the specified reactivation date. Any changed reactivation date must still be within the total maximum freeze period.
9.6 If you have a Direct Debit Membership, you agree that we may amend the direct debit for the first payment after the freeze period to take account of the broken period between the reactivation of your Membership and the first payment date after your Membership has been reactivated. This pro-rata payment may come out prior to the Membership recommencing.
10. Cancellation of agreement10.1 If we consider, in our discretion that you have committed a breach of the terms of this Agreement we may cancel this Agreement and terminate your Membership with immediate effect. If we cancel your Membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your Membership is cancelled, you will be excluded from all Recreation and Sport Centres. A breach of this Agreement by you includes (but is not limited to) you:
- failing to pay the specified consecutive direct debit payments on the due date.
- breaching the Rules of Use, any other rules and conditions imposed by us, or any other lawful and reasonable direction we give you.
10.2 If we cancel this Agreement due to your breach, you will remain liable to us for any unpaid amounts due and owing to us under this Agreement. Any unpaid amounts will become immediately due and payable. The debt will be passed to a collection agency, and you will be liable for any collection costs incurred.
10.3 Provided the Minimum Membership Period has ended, a Direct Debit Membership may be cancelled by you at any time by completing the Membership Cancellation Form in a Recreation and Sport Centre or via email. We will not accept verbal notice of a cancellation of your Membership. You must lodge the form more than five business days prior to your next scheduled direct debit payment for the cancellation to be processed before that deduction occurs. No part-month refunds will be given. You may not cancel your Membership retrospectively or if the Membership account is in arrears. If you want to cancel your membership before the end of the Minimum Membership Period, you must pay the balance of membership fees due for the whole of the Minimum Membership Period.
10.4 Cooling-off period; you may cancel this Membership Agreement within five-days of joining. If you cancel this Agreement within that time period, we may require you to pay for the days that you have had access to our facilities, at our standard daily rate, and for any goods, you have received on joining.
10.5 Subject to clause 10.3 and 10.4, you may cancel this Agreement on 30 days’ notice in writing if you are, in our reasonable opinion, adversely affected by any changes made by us (in accordance with our rights under clause 7 to this Agreement and/or the Rules of Use.
11. Closure of facilities11.1 From time to time, we may have to or choose to close parts of our Recreation and Sport Centres for repairs, general maintenance, refurbishment or health and safety emergencies. In the event of a planned closure for a period of more than two days where the period of closure spans that centre’s normal opening hours, we will endeavour to provide facilities within another Recreation and Sport Centre for this period. We may provide, at our discretion, a freeze or credit for any such period.
11.2 The Council reserves the right to limit access of members, or members of the public, to the Recreation and Sport Centres at certain times for specific purposes. This may include, but is not limited to, special sessions such as women’s swimming, private bookings or rentals (e.g., school hiring of the facilities), or other events deemed necessary or desirable by the Council. Notification of such exclusions will be provided in advance where possible, and the Council will make reasonable efforts to minimise disruption to regular access to the Recreation and Sport Centres.
12. The Council’s liability to you12.1 You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use our facilities safely, to take care of your own health and to take care of your own property.
12.2 Provided we act with reasonable skill and care, we will not be liable to you for any direct, indirect or consequential injury, loss or damage suffered by you or to your property in connection with this Agreement or your membership of the Christchurch City Council Recreation and Sport Centres.
12.3 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 under this Agreement in any 12-month period.
12.4 Personal injury in New Zealand is covered by the Accident Compensation Act 2001.
13. Your liability to the Council13.1 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 Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination or cancellation of this Agreement.
14. General14.1 This Agreement and your rights under it may not be transferred or assigned to a third party.
14.2 No right under this Agreement shall be deemed to be waived except by notice in writing signed by both parties. A waiver will not prejudice rights in respect of any subsequent breach.
14.3 These terms and conditions are governed by the laws of New Zealand. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. Withdrawal and re-enrolment15.1 Where you cancel this Agreement during the ‘cooling off period’ noted on the front of this Membership Agreement, we may in our sole discretion, refuse to accept any new Membership Agreement from the Member for a period of one month from the cancellation.
16. Notices16.1 Our address for notices is:
Recreation, Sport and Events
Administration Team
Christchurch City Council
PO Box 73014
Christchurch 8140
membership@ccc.govt.nzSwimsmart membership terms and conditions1. Definitions1.1 In this agreement unless the context otherwise requires:
Agreement means the Membership Agreement together with these terms and conditions of membership.
Recreation and Sport Centres means the following recreation and sport centres operated by the Council: Graham Condon Recreation and Sport Centre, Jellie Park Recreation and Sport Centre, Pioneer Recreation and Sport Centre, Taiora QEII Recreation and Sport Centre, Te Pou Toetoe Linwood Pool, Matatiki Hornby Centre, Parakiore Recreation and Sport Centre and the Council’s Summer Pools.
Council means the Christchurch City Council and its employees, agents, consultants and contractors and references to we or us is a reference to the Council.
Discount Card means a card that entitles the holder of the card to a discount on our services, being any of the following cards: Community Services card, Secondary Student Card, Hāpai Access Card and/or a Super Gold Card.
Prepaid Membership means a fixed term Swimsmart Membership paid for by you in one lump sum upfront and not able to be cancelled during its term.
Direct Debit Membership means flexible term Swimsmart Membership paid for by you weekly, or fortnightly in advance, by direct debit, and able to be cancelled at any time between the end of the school term and the commencement of the following school term.
Member means the person named on the Membership Agreement and references to you or your, is a reference to the named member.
Membership means your membership of one or multiple Recreation and Sport Centres being either a Prepaid Membership or a Direct Debit Membership and as further described in this Agreement.
Membership Fees means the membership fees payable by you as set out on the Membership Agreement at the time of signing.
Membership Agreement means the attached registration form for becoming a Member of the Recreation and Sport Centres, which must be completed and signed by the Caregiver or legal guardian if they are under 18 years of age.
Rules of Use means the rules pertaining to the use of the Recreation and Sport Centres, as displayed at Recreation and Sport Centres or online, as amended by the Council at any time at its discretion.
Swimsmart Membership means a children’s Direct Debit Membership or Prepaid Membership for the purpose of learning to swim. This includes one weekly lesson and use of the Graham Condon, Jellie Park, Pioneer, Taiora QEII and Te Pou Toetoe: Linwood Pool, Matatiki Hornby Centre, Parakiore Recreation and Sport Centre and the Council’s Summer Pools during the school term. Does not include Bubbletimes, hydroslides, or adult Swimsmart classes. Parent-child Swimsmart Memberships are entitled to one adult to accompany the registered child.
2. Application of agreement2.1 This Agreement is between the Member and the Council and applies to your access to, and your use of, the Recreation and Sport Centres.
2.2 This Agreement together with the Rules of Use constitutes the entire agreement between you and the Council relating to your Membership of the Recreation and Sport Centres and replaces all prior agreements or undertakings, whether these are written or verbal.
2.3 We may need to make changes to this Agreement or to the Rules of Use from time to time. We will give you notice of any changes by email, text, social media or by notification within our Recreation and Sport Centres. Where we reasonably believe that a change will be detrimental to you (unless that change is required by law) we will offer you the right to cancel this Agreement.
2.4 For access identification purposes only, as a condition of Membership we will take a photo of your child to attach to their account on our digital Membership database.
3. Membership type3.1 The Membership type for this Agreement is set out on the Membership Agreement.
3.2 You may not transfer your child’s Swimsmart Membership to another person.
4. Membership period4.1 A Prepaid Membership will begin and end on the dates set out on the Membership Agreement.
4.2 A Direct Debit Membership will begin on the start date set out on the Membership Registration Form and has no set end date. You can cancel your Membership between the end of the school term and the commencement of the following term, by providing notice in writing in person at a Recreation and Sport Centre or via email. We will not accept verbal notice of cancellation of your Membership.
4.3 If you decide to cancel your Membership prior to the end of the school term, you will be required to pay any Membership Fees still owing for the remainder of that term.
5. Membership fees and discount cards5.1 If you have selected a Prepaid Membership you must pay the Membership Fees in one lump sum at the time of joining.
5.2 If you have selected a Direct Debit Membership, you agree to pay the Membership Fees by direct debit in the amount set out on the Membership Agreement and in accordance with clause 6.
5.3 Any Discount Card must be presented at the time of membership registration, renewal or when requesting a Membership discount. Discounts cannot be applied for if, at the time of renewal, the Membership account is not fully paid up to date, nor can a discount be applied for retrospectively. You may be asked to show your Discount Card as proof of discount eligibility from time to time. You must tell us immediately if you become ineligible for a discount. When any discount eligibility ends, your Membership Fees will revert to the applicable full rate fee as at the end of the eligibility period. For Swimsmart Memberships, discounts will be applied only where the primary caregiver or child is the Discount Card holder.
5.4 When signing up to a discounted membership online we require a clear image of your valid Discount Card including the expiry date and your name. If this is not supplied at time of sign up, you will be given a maximum of 30 days to provide this. If we do not receive proof of discount eligibility within the 30 days your membership will be reverted to full price. You may be required to pay the difference between the discounted rate and full retail rate. If you have an outstanding balance on your membership, your access card will be deactivated, and you will not be able to access or use any Recreation & Sport Centre.
5.5 Any changes in your Direct Debit Membership Fees due to a change in your Direct Debit Membership category will be reflected in the next scheduled direct debit
5.6 Membership Fees are reviewed annually and may change after they have been reviewed. We will notify you 30 days in advance of any changes to the Membership Fees. If you do not wish to accept the increase in the Membership Fee you may cancel your Membership but you must do so before the first direct debit at the new rate.
5.7 The membership fees paid are for your entitlement to use the facilities and not for actual use. All fees remain due and payable if you chose not to use the Recreation and Sport Centre and no refund will be given for non-use.
5.8 Credits are valid for 12 months from the date of issue.
6. Payments by direct debit6.1 If you have selected a Direct Debit Membership you will need to complete a direct debit authority. All Membership Fees and other payments that are payable to us under this Agreement will be deducted automatically from your bank account and paid to us under that Authority.
6.2 Payments for Swimsmart Direct Debit Membership are able to be paid weekly or fortnightly, and will commence on the start date stated in the Membership Agreement Form.
6.3 We will give you written notice of the start date, frequency and amount of payments. This payment may come out prior to the membership commencing.
6.4 We are able to change the direct debit amount to reflect any fee increases made in accordance with Clause 5.4.
6.5 If you default on a direct debit payment your access card will be deactivated and you will not be able to access or use any Recreation & Sport Centre.
6.6 If you default on a weekly or fortnightly direct debit payment, your access will be deactivated and will remain de-activated, until the outstanding amount is paid. If you have not paid the outstanding amount by the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the full outstanding amount is not paid prior to the date on which the fourth consecutive direct debit payment is due, we may cancel your Membership.
6.7 If you default on a four weekly direct debit payment, your access will be deactivated and will remain deactivated until the outstanding amount is paid. If you have not paid the outstanding amount by the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the second direct debit attempt is unsuccessful your Membership may be cancelled.
6.8 If your Membership is cancelled, we will refer collection of the debt that you owe to us to a collection agency. You are liable for any collection costs incurred.
6.9 We reserve the right to decline a direct debit membership if you have previously defaulted. We are able to offer you the option to transfer to a Prepaid Membership (which is paid in one lump sum upfront). If you choose not to take up this option, we reserve the right to cancel your Direct Debit membership under clauses 6.6, 6.7 or 10.1.
6.10 We reserve the right to refuse Members the Direct Debit Membership option.
7. Rules of membership7.1 You agree to comply at all times with:
- this Agreement;
- the Rules of Use as displayed at each Recreation and Sport Centre;
- any new rules and conditions advised by us to Members of the Recreation and Sport Centres at any time; and
- any lawful and reasonable directions we notify to Members of the Recreation and Sport Centres, at any time.
7.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on Recreation and Sport Centres’ premises, and you must at all times comply with our health and safety requirements, including those directed to your own health and safety. Our decision as to what constitutes an offensive, threatening, inappropriate or dangerous activity will be final and binding.
8. Suspension of membership8.1 If we consider, in our discretion, that you have committed a breach of the terms of this Agreement we may suspend your Membership with immediate effect. If we suspend your Membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your Membership is suspended you will be excluded from all Recreation and Sport Centres for a period that we in our discretion consider reasonable. A breach of this Agreement by you includes (but is not limited to) you:
- breaching the Rules of Use, or any other rules and conditions or lawful and reasonable direction we give you; and/or
- carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on Recreation and Sport Centres’ premises.
8.2 You must still make all payments owing to us while your Membership is suspended. We will not refund any amount of your Membership Fees that are paid during a period of suspension.
9. Freezing your Swimsmart membership9.1 You may only freeze a Swimsmart Membership for medical reasons, upon presentation of a medical certificate (issued and presented within four weeks of your sickness/injury) for a maximum period of four weeks each term. One medical certificate allowed per term.
9.2 A Direct Debit Swimsmart Membership may be frozen after the first successful direct debit, as per 9.1
9.3 On the date that you specified for the reactivation of your Membership or after four weeks (whichever is earlier), your Membership will be automatically reactivated. You must give us five days’ prior notice if you want to change the specified reactivation date. Any changed reactivation date must still be within the maximum freeze period of four weeks each term.
9.4 You agree that we may amend the direct debit for the first payment after the freeze period to take account of the broken period between the reactivation of your Membership and the first payment date after your Membership has been reactivated. This pro-rata payment may come out prior to the Membership recommencing.
9.5 A Direct Debit Swimsmart membership may not be frozen retrospectively or if the Membership account is in arrears.
Membership freezes need to be arranged with our customer experience team at one of our centres or emailed to swimsmart@ccc.govt.nz
10. Cancellation of agreement10.1 If we consider, in our discretion that you have committed a breach of the terms of this Agreement we may cancel this Agreement and terminate your Membership with immediate effect. If we cancel your Membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your Membership is cancelled you will be excluded from all Recreation and Sport Centres. A breach of this Agreement by you includes (but is not limited to) you:
- failing to pay the specified consecutive direct debit payments on the due date;
- breaching the Rules of Use, any other rules and conditions imposed by us, or any other lawful and reasonable direction we give you;
10.2 If we cancel this Agreement due to your breach, you will remain liable to us for any unpaid amounts due and owing to us under this Agreement. Any unpaid amounts will become immediately due and payable. The debt will be passed to a collection agency, and you will be liable for any collection costs incurred.
10.3 A Direct Debit Membership may be cancelled by you any time between the end of school term and the commencement of the following school term by completing the Membership Cancellation Form. You must lodge the form more than five business days prior to your next scheduled direct debit payment for the cancellation to be processed before that deduction occurs. No part-month refunds will be given. We will not accept verbal notice of a cancellation of your Membership. You may not cancel your Membership retrospectively or if the Membership account is in arrears.
10.4 Cooling-off period; you may cancel this Membership Agreement within five-days of joining. If you cancel this Agreement within that time period, we may require you to pay for the days that you have had access to our facilities, at our standard daily rate, and for any goods, you have received on joining.
10.5 Subject to clause 10.3 and 10.4, you may cancel this Agreement on 30 days’ notice in writing if you are, in our reasonable opinion, adversely affected by any changes made by us (in accordance with our rights under clause 7 to this Agreement and/or the Rules of Use.
11. Closure of facilities11.1 From time to time, we may have to or choose to close parts of our Recreation and Sport Centres for repairs, general maintenance, refurbishment or health and safety emergencies. In the event of a planned closure for a period of more than two days where the period of closure spans that centre’s normal opening hours, we will endeavour to provide facilities within another Recreation and Sport Centre for this period. We may provide, at our discretion, a freeze or credit for any such period.
11.2 The Council reserves the right to limit access of members, or members of the public, to the Recreation and Sport Centres at certain times for specific purposes. This may include, but is not limited to, special sessions such as women’s swimming, private bookings or rentals (e.g., school hiring of the facilities), or other events deemed necessary or desirable by the Council. Notification of such exclusions will be provided in advance where possible, and the Council will make reasonable efforts to minimise disruption to regular access to the Recreation and Sport Centres.
11.3 In the event of an unplanned pool closure, Swimsmart classes may be transferred to another pool. If space does not permit, lessons may be conducted out of the water. If neither of these options is practicable, we will provide you with a credit or a one-week payment freeze (dependent on your Membership type).
12. The Council’s liability to you12.1 You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use our facilities safely, to take care of your own health and to take care of your own property.
12.2 Provided we act with reasonable skill and care, we will not be liable to you for any direct, indirect or consequential injury, loss or damage suffered by you or to your property in connection with this Agreement or your membership of the Recreation and Sport Centres.
12.3 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 under this Agreement in any 12-month period.
12.4 Personal injury in New Zealand is covered by the Accident Compensation Act 2001.
13. Your liability to the Council13.1 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 Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination or cancellation of this Agreement.
14. General14.1 This Agreement and your rights under it may not be transferred or assigned to a third party.
14.2 No right under this Agreement shall be deemed to be waived except by notice in writing signed by both parties. A waiver will not prejudice rights in respect of any subsequent breach.
14.3 These terms and conditions are governed by the laws of New Zealand. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. Withdrawal and re-enrolment15.1 Where you cancel this Agreement during the ‘cooling off period’ noted on the front of this Membership Registration Form, we may in our sole discretion, refuse to accept any new Membership Registration Form from the Member for a period of one month from the cancellation.
16. Notices16.1 Our address for notices is:
Recreation, Sport and Events
Administration Team
Christchurch City Council
PO Box 73014
Christchurch 8140
swimsmart@ccc.govt.nz