LEARN TO SWIM TERMS & CONDITIONS

CLASS FEES: Fees are calculated on the number of classes available during the debit period.

PAYMENT: Payment must be made prior to the first lesson of the debit period for the rest of the debit period. All payments are non-refundable and non-transferable.

PUBLIC HOLIDAYS: Classes will be conducted on public holidays and charged at normal class price, except for Australia Day, Good Friday, Easter Monday, Anzac Day, New Years Day and an extended break of the Christmas break, when no classes will be conducted or charged for.

MAKE-UP POLICY: No makeups are offered for My Swim Basic bookings. All other packages include unlimited makeups. Make-ups are ONLY offered for any lesson cancelled PRIOR to the actual class time. A make-up lesson MUST be taken within 2 weeks of the cancelled class, and can only be booked one week in advance. Make-ups are non-transferable, non-refundable, and cannot be rescheduled once booked.  For any preplanned absences make-ups may be booked in advance to the missed class, however the above rules still apply.

LEARN TO SWIM PACKAGE FEATURES: Learn to Swim Package features are provided at the anniversary of your membership each year. These features are valid only during the year that they are issued for. A package feature is only redeemable if you are still on the membership type you received them for at the time of redemption.

JOINING FEE: For the Swim Basic Plan, a $35.00 joining fee per child is required. The Joining fee is waived for all other plans. This fee is non refundable.

HOLIDAY HOLD FEE: When going away on holidays for 2 or more consecutive weeks (max 4 weeks) you may choose to hold your current class days and times for your return. Simply advise your centre PRIOR to leaving for holidays, of the weeks that you will be absent, and the centre will apply a $5.00 hold fee for EACH class that you will be away. Where you have already paid, the $5.00 hold fee per class will be deducted from your existing class price, with the remainder of the credit applied back onto your account.

CANCELLATION POLICY: A Cancellation form must be provided PRIOR to you ceasing classes. This form must be completed and handed to our customer service team at your centre a minimum of 7 days PRIOR to the next Direct Debit to stop payment before the next anticipated debit. Non-attendance is not a reason for the direct debit to cease, as it is the customer’s responsibility to notify the centre of any changes to their enrolment.  

STUDENT CARDS: All students will be issued with a swipe card for easy access to our centres. These cards MUST be presented to our customer service team upon arrival at EVERY visit. If you have lost your card, please notify customer service so they may replace it immediately.

LESSON ETIQUETTE : We ask that you arrive in plenty of time to have your child prepared for their class. We also prefer that children DO NOT swim prior to their scheduled class. All students under the age of 10 years must be supervised during their class, and whilst within the facility, including any ‘free time’ after classes. All children 5 years and under must be closely supervised at all times when in attendance and remain within arms-reach of a carer when in the water.

SUPERVISION: All minors must be supervised by a responsible adult around all of our centres and during all of our classes/activities. All equipment and facilities are used at your own risk.

CHILDREN UNDER 3: To ensure that our water quality is maintained to the highest standard, we ask that all children under the age of 3 years wear a swimming nappy, these can be purchased at all centres at reception.

CAPS/GOGGLES: To ensure that our water quality is maintained to the highest standard, we ask that all children with long hair wear a bathing cap. Goggles are optional, but are encouraged for children who experience difficulty putting their eyes in the water. Caps and goggles are available for purchase at our swim shop.

PHOTOGRAPHY: Photography, including that from mobile phones, laptops or any other image capturing device is NOT permitted without  seeking the permission of the Centre Manager.  Photographs should only be of your child, and no other children should be included in the photograph (including in the background) without the express permission of the guardians of that child/children.

WAIVER AND RELEASE: During all such times that you are on Rackley Swimming premises both your property and your dependant s wellbeing  shall be at your own risk. You are hereby agreeing  that Rackley Swimming shall not be liable for any loss, damage o theft of any property belonging to you or your guest (including minors) occurring on Rackley Swimming premises except where caused by gross negligence of Rackley Swimming. Additionally, Rackley Swimming shall not be liable for any death, personal i njury or illness occurring to you or your guest (including minors) on Rackley Swimming premises or as a result of the use of any facilities or equipment provided by Rackley Swimming, except to the extent that such death, personal injury or illness occurs from the gross negligence of Rackley Swimming.

COMPLETE AGREEMENT AND SERVERABILITY: The terms of this Agreement constitute the full agreement between you and Rackley Swimming, and no oral promises are made part thereof. If any part of this Agreement is deemed to be invalid or unenforceable by law, the provisions will be deleted from the Agreement but such deletion will not affect the validity and enforceability of the remaining provisions.

DIRECT DEBIT REQUEST SERVICE AGREEMENT: This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with Rackley Swimming. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.

I/We acknowledge that Rackley Swimming will keep any information (including account details) contained in the Direct Debit Request confidential .

I/We acknowledge that my record and account details may be required by the Financial Institution in connection with a claim made on it relating to an alleged incorrect or wrongful debit, otherwise they will be treated as confidential . We will only disclose information that we have about you:

(a) to the extent specifically  required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with Rackley Swimming. This includes the fee per class as well as the processing fee of either .50cents fortnightly or $1.00 monthly  depending on your centre’s Direct Debit cycle.  

I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your fi  institution.

I/We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured in accordance with the terms of this Agreement. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your fi  institution.

I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available.

I/We acknowledge that when a direct debit is returned unpaid by your financial institution, Rackley Swimming will re-draw the unpaid amount with the next fortnightly debit PLUS an administration fee of $5.00.

I/We agree that It is my/our responsibility to pay any bank fees, dishonour fees or failed payment fees incurred by my/our financial institution as a result of a failed drawing arrangement.

I/We Acknowledge that there may be a delay in processing if:

1) There is a public or bank holiday on the day, or any day after the debit date

2) A payment request is received on a day that is not a Banking Business Day

3) A Payment request is received after normal operational hours. Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise Rackley Swimming to vary the amount of the payments from time to time as provided for within the Rackley Swimming agreement.

I/We do not require Rackley Swimming to notify me/us of such variations to the debit amount.

I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments.

I/We acknowledge that Rackley Swimming is to provide 14 days notice if proposing to vary the terms of the debit arrangements.

I/We acknowledge that any query or variation request to the debit arrangement will be directed to Rackley Swimming in the first instance.

I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to Rackley Swimming.

I/We acknowledge that it is my/our responsibility to advise Rackley Swimming if the account nominated by me/us is transferred or closed.

I/We acknowledge that any disputed debit payments will be directed to Rackley Swimming. If no resolution is forthcoming you are advised to contact your financial institution.

I/We authorise:
1) Rackley Swimming to verify details of my/our account with my/our Financial Institution
2) The Financial Institution to release information allowing Rackley Swimming to verify my/our account details.

 

WEBSITE TERMS & CONDITIONS

These Terms of Use ("Terms") govern your use of our website located at www.rackleyswimming.com.au  ("Site") and form a binding contractual agreement between you, the user of the Site and us, City Venue Management Pty Ltd A.C.N. 140 462 862.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

You can contact us on:

  • PO Box 1569
  • BURLEIGH HDSQLD 4230
  • Phone: 1300 992 583

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Licence to use Site

We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use. 

You must not add any content to the Site: unless you hold all necessary rights, licences and consents to do so; that would cause you or us to breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; that would bring us, or the Site, into disrepute; or that infringes the intellectual property or other rights of any person.

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website. 

You acknowledge and agree that: we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. 

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The licence in clause 2.3 will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

Warranties

You represent and warrant to us that: you have the legal capacity to enter these Terms; and you have complied with clause 1.3.

Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods;the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired, and in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

Termination 

These Terms terminate automatically if, for any reason, we cease to operate the Site.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

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