M & R Hoogvelt Pty Ltd trading as Wagga Swim School (“WSS”)
A reference to WSS means, WSS, its directors, employees, contractors and agents. In using the facilities and services provided by WSS, You, the participant (including any child or person to which you are a parent\guardian) accept the terms and conditions below.
Disclosure by Participant:
You warrant that you have disclosed all physical or other health ailments which may affect your ability to participate or undertake activities with WSS.
To protect and maintain a healthy workplace and environment You must refrain from, or not permit your child to, attend lessons or other activities if they are suffering from any of the following conditions: infectious illness, flu, fever, heavy cold, vomiting, diarrhoea, open sores.
You may not swim if you have had diarrhoea, nausea, vomiting, abdominal cramps and fever in the past 14 days. WSS reserves the right to refuse entry to any child suffering illnesses or conditions described above.
All children under three (3) and all those over three (3) that are not completely toilet trained, must wear a swimmer nappy to prevent accidents in the pool.
Code of Conduct
WSS management, staff and teachers reserve the right to: -
Remove any person/ student / child who they believe to be behaving in a dangerous or disruptive manner;
Refuse entry, cancel enrolments, and request student/parent/guardian to vacate the premises should they not behave in a respectful and responsible manner.
While parents are encouraged to watch classes, parents must not approach teachers during lessons.
All students and their guests must always remain under the supervision of the responsible adult.
WSS and its surrounds are non-smoking areas.
WSS does not offer fee refunds. Lesson fees can be transferred to another child if a medical certificate is provided with accurate dates.
Lesson fees cannot be transferred between siblings unless the above mentioned applies.
WSS requires a medical certificate if make up lessons are required for missed lessons (max. 2 per Term). Absences must be notified on our Customer Portal prior to lessons.
Make up lessons will not be provided if an instructor is absent. WSS will provide a qualified replacement for all classes.
Wagga Swim School does not offer credits for change of mind. If a child cannot complete the block of lessons a medical certificate must be provided for credit consideration.
Photo / Video Policy
Under no circumstances are cameras, video cameras or mobile phones to be used in change room areas or showers.
Unavailability of Facility or Services
WSS reserves the right to: -
Amend change or cancel lessons or activities at any time without notice; and
change instructors at any time with no notice.
You acknowledge and agree that a facility or service within WSS may from time to time be unavailable due to prior booking, mechanical breakdown, service requirements or any other reason.
Without reason, WSS may refuse to supply services to any person.
Hours of Operation
WSS reserves the right to vary from time to time any of the facilities or services provided by WSS or the time at which those services are offered.
Please refer to current operational information displayed within WSS.
In accordance with the Privacy Act 2001, all information that is collected and stored by WSS will only be used for the purpose of administration, enrolment, and in the case of an emergency.
In addition, WSS will only use the contact details that you have provided to contact you in relation to WSS activities and will not release your details to a third party.
Prior to undertaking any new form of exercise, you should consult with your doctor or other health care practitioner to ensure that you are informed of your current health and any restrictions that may be appropriate for you.
When participating in our classes, you should work at your own pace and not overexert yourself. Stop immediately if you feel pain or discomfort.
You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
You must notify us immediately if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in my classes.
You acknowledge that: -
By participating in WSS classes, activities and lessons, you will be performing physical activity and exercise which has an inherent risk of personal injury and you perform such physical activity and exercise at your own risk.
Examples of the inherent risks of the personal injury which may be suffered include (but are not limited to: -
injury to muscles, ligaments, bones, etc;
Consequences of exertion such as fatigue, heart attack, etc; and consequential death, immobility, pain, etc due to injury suffered;
WSS and its employees are not medically trained and therefore not qualified to access whether you are in good physical condition and/or that you can engage in exercise without detriment to your health, safety, comfort or physical condition;
WSS have strongly advised you to seek medical advice prior to commencing any exercise program including the services we offer; and if you suffer injury by participating in WSS classes, activities and lessons and or subsequently performing exercises learnt in our classes, then you may suffer consequential loss such as medical costs for treating injuries, loss of income due to inability to work, expenses due to not being able to perform tasks yourself, etc.
Release/ Indemnity for Loss
Noting Division 5 of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth) you release WSS from any liability for loss (despite any breach of Subdivision B of Part 3-2 of the Australian Consumer Law in regards to any Recreational Services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) supplied to you) due to:-
you are suffering any physical or mental injury (including aggravation, acceleration or recurrence of any such injury);
your contraction, aggravation or acceleration of a disease;
the coming into existence, aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community or that may result in harm or disadvantage to you or the community, unless you have suffered significant personal injury caused by WSS reckless conduct.
Guardian of Children or Incapable Person
In the event that you are entering into these Terms and Conditions on behalf of an incapable person (as defined in the Civil Liability Act 2002 (Cth)) of which you have control or as parent or guardian of an incapable person, then: -
You must supply all requested particulars of the 3rd party;
By executing these terms and conditions, such 3rd parties are bound to these terms and conditions and supply the releases provided by these terms and conditions; and
you indemnify WSS from any liability for loss (despite any breach of Subdivision B of Part 3-2 of the Australian Consumer Law in regard to any Recreational Services (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) supplied to the 3rd party) due to: -
them suffering any physical or mental injury (including aggravation, acceleration or recurrence of any such injury);
them contracting, aggravating or suffering acceleration of a disease;
the coming into existence, aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to them or the community or that may result in harm or disadvantage to them or the community, unless they have suffered significant personal injury caused by WSS reckless conduct.