Terms & Conditions

Learn to Swim

Learn to Swim Terms and Conditions

• General
  • In these Learn to Swim Terms and Conditions, 'you', 'your’ or ‘student’ means the student named in the enrolment form (or the parent, guardian or caregiver where relevant) and ‘HCC’, 'we', 'us' or 'our' means Hamilton City Council.
  • By submitting a Learn to Swim enrolment form (either in person or online), you accept these Learn to Swim Terms and Conditions.
  • We may change the Terms and Conditions from time to time by publishing new Terms and Conditions, which will be published at the Waterworld or Gallagher Aquatic Centre Reception, on our website, or made available to you by post or email upon request.
• Fees and Payment
  • The Learn to Swim fees are set by HCC and may change from time to time. The current fees are available at https://www.hamiltonpools.co.nz/learn-to-swim/#prices.  We will give you 30 days’ prior notice of any change to the fees. 
  • To be eligible for a 25% community services card holder discount, you must provide a valid community services card at the time of enrolment with photo ID. The expiry date of the community services card will be re-checked at the time of the student moving up a level in lessons.
  • All payments are to be made by direct debit on a weekly basis. Cash or Eftpos payments at Waterworld or Gallagher Aquatic Centre are not permitted.  The direct debit facility will be used for payment of all fees and amounts owed by you as they become due.
  • Direct debits may be administered by us or by a third party appointed by us. We will provide you with a direct debit form to complete when you enrol. You are required to submit the completed direct debit and any associated forms at the time of enrolment. If a direct debit facility is not set up correctly at the time of enrolment, your space will be forfeited.
  • The set up of direct debit payment incurs a one off $15 fee. Each enrolment is set up individually with the fee applied to each person.
  • If a direct debit cannot be processed (e.g. because of insufficient funds or changes to your bank account) we, or our third party agent, may charge you an administration fee. If the direct debit cannot be processed for two successive payments, we may terminate your enrolment by providing you with written notice of termination.
  • In the event your enrolment is terminated due to a non-payment of fees, your account may be sent to a debt collection agency for recovery. Any recovery costs will be added to your outstanding account balance that is payable to the agency.
  • Direct debit payments will continue indefinitely until terminated by you.
• Cancellation by you
  • If you wish to cancel, it is your responsibility to complete the cancellation form for your enrolment and to terminate your direct debit payment. You can request the form via email sent to learntoswim@hcc.govt.nz or by filling out a cancellation request form that can be found at the Waterworld or Gallagher Aquatic Centre Reception. At least 7 days’ notice is required to process a cancellation request.  Cancellation via phone is not permitted. 
• SUSPENSIONS
  • Payments will automatically pause if the facility is closed for planned maintenance or for any reason outside of our control.
• REFUNDS/Credits
  • Refunds of lessons are not permitted. No refunds will be given if cancellation notice has not been given in writing within the required notice period.
  • If we have to cancel a swimming lesson, then a credit to the value of that lesson will be applied to your next direct debit payment.
• MAKEUP Lessons
  • We will give opportunity for a maximum of 12 make-up lessons per calendar year (1 lesson every 30 days) for any holidays or illness. Absences must be notified in advance by phone or email to receive a make-up lesson. It is the responsibility of the member to book the make-up lesson by phoning Waterworld or Gallagher Aquatic Centre.
  • At the end of every 30 days, all unused makeups will be cleared from your account.  No credit or refunds will be given for unused makeups.
• Termination by US
  • We reserve the right to terminate your enrolment at any time, which will be advised to you in writing either by post or email, for any of the following reasons:
• Non-payment of fees.
• You materially breach these Terms and Conditions.
• You fail to comply with any lawful and reasonable direction we give you.
• The student’s behaviour is, in the reasonable opinion of the teacher, disruptive to the class, and attempts to overcome the problem have not been successful.
• Serious misconduct in or around the pool or behaviour that we consider carries a serious risk of injury or damage to other members or pool facilities.
• Facility Use
  • You must follow all facility rules and all instructions from our staff.
  • Enrolment in a Learn to Swim programme entitles the student to use the facilities of Learn to Swim. The student may enter Waterworld or Gallagher Aquatic Centre up to 30 minutes prior, and stay for 30 minutes after, their lesson to enable them to practise their swimming skills.  If family members wish to swim before, during or after the student’s lesson, then they must pay at Reception for general admission to the facilities.
  • Equipment is for the use of Learn to Swim teachers and enrolled students in the lesson time only. Please refrain from taking or using, or allowing any accompanying persons to take or use, the equipment.
• Timetable of Lessons
  • The continuous Learn to Swim programme operates 48 weeks a year. Lessons are not held on public holidays.
  • Lessons are generally 25 or 40 minutes in duration (depending on level), once a week. Students should be ready to start their lessons at the appointed time. Should the swimming ability vary from the class initially enrolled in, an alternative class will be allocated where space permits.
  • We reserve the right to reschedule if less than 2 students have enrolled for a class. An alternative lesson time will be offered.
• Medical
  • You must inform Learn to Swim staff of any relevant health conditions that affect the student.
  • A GP’s clearance will be required before the student can enter our pools if they have suffered from a disease/infection as per Ministry of Health guidelines (see Learn to Swim office for a copy).
• RESPONSIBILITY OF STUDENTS
  • We do not accept responsibility for students outside of scheduled lesson times. Please note that, for safety reasons, all students are to assemble on poolside prior to the start of their lesson (and must not to get in the water until asked to by instructor). We are responsible for them whilst in our classes only. For safety reasons, parents/caregivers are expected to be poolside at the start and end of lessons to drop off or collect their children. Please ensure appropriate safe care is organised for siblings while you enjoy your lessons with your child.
  • If a student swims before or after their lesson, they must abide by the facility’s “Pool Alone Policy” which will be enforced by the lifeguards on duty. Children under the age of 14 must be accompanied in the facility by a caregiver over the age of 16. Children under 8 must be actively supervised. Children under 5 must have a caregiver over the age of 16 in the pool with them. This means within arm’s reach at all times.
• CLOTHING/SWIM WEAR/APPROPRIATE EQUIPMENT
  • Please make yourself familiar with our clothing policy that is situated around the pool, in changing rooms and in the entrance way. A reminder that only swimsuits, rash vests, and board shorts (no longer than the knee) are permissible in the pool.
  • All students under the age of 3 must wear approved swimming nappies.
  • All students over 3 years must wear a swim cap and goggles while in swimming lessons to aide learning (unless prior dispensation from Learn to Swim Management has been given).
• Learn to Swim Instructors
  • All our swimming instructors are trained, vetted in accordance with the Children’s Act 2014, and committed to supporting the students in their Learn to Swim journey.
  • We cannot guarantee the same instructor for every lesson.
  • There are aspects of our teaching that require a “hands on” approach. This type of physical contact will be used where it is essential to support a student during early stages of learning or to develop a skill or technique e.g. the correct position of the feet and legs in breast stroke/correct breathing position, for safety reasons or to treat an injury.
  • Learn to Swim instructors adhere to Learn to Swim’s “Positive Guidance and Social Competence Policy” when dealing with all cases of behaviour management. Please see the office if you would like to read the policy in its entirety.
• Collection Of Personal Information
  • You must provide us with correct contact information and keep that information up to date at all times, including: name, phone number(s), postal address, email address, emergency contact, and authorise child pickup details.
  • All personal information that we collect about you will be held by us in accordance with the Privacy Act 2020 and our privacy policy. We will only use that information for purposes required for the operation of the swim school, including administration of your account, for marketing purposes or for any other purpose you may authorise.
  • You have the right to access and correction of any personal information we hold about you at any time.
• Photography and recording of swimming lessons
  • We may take general photographs or videos of the facilities at any time. If you or your child appear in those photographs or videos, you agree that we may use them for marketing and promotional purposes and that you have no rights or copyright in the material. You release HCC, the photographer or filmmaker, and each of their licensees and assignees, from any and all claims and demands in connection with the material or its future use. We will seek your consent before using any photos or videos in which you are clearly recognisable as an individual swimmer.
  • You must get the permission of the swimming instructor in charge of the lesson before taking photos or videos of anyone other than your own children.