BaySwim Entry Terms and Conditions  

We love having our swimmers and their families enjoy the pool! Here’s what’s included with your BaySwim enrolment:

On Lesson Days

Available at Baywave, Greerton, Otumoetai Pool,  Memorial Pool, Te Puke Memorial Pool & Dave Hume Pools (Katikati).

5 and under:

• Member: Free Pool Entry, including swimming

• 1 x Caregiver: Free Pool Entry, including swimming

• Extra person: Free spectator entry (e.g. Grandparent, sibling or second caregiver)

School Age (6 – 10):

• Member: Free Pool Entry, including swimming

• 1 x Caregiver: Free Pool Entry, including swimming

Ages 11-15 years enrolled in lessons:

• Member: Free Pool Entry, including swimming

Adults enrolled in lessons:

• Member: Free Pool Entry, including swimming

On Non-Lesson Days

Available at Baywave, Greerton, Otumoetai Pool,  Memorial Pool, Te Puke Memorial Pool & Dave Hume Pools (Katikati).

5 and under:

• Member: Free Pool Entry, including swimming

• 1 x Caregiver: Free Pool Entry, including swimming

School Age (6 – 10):

• Member: Free Pool Entry, including swimming

• 1 x Caregiver: Free Pool Entry, including swimming

Ages 11-15 years enrolled in lessons:

• Member: Free Pool Entry, including swimming

Adults enrolled in lessons:

• Member: Free Pool Entry, including swimming

BaySwim Swim School Terms & Conditions

Terms and Conditions Updated January 2025

Set out below are the terms and conditions, including the rights and obligations of you as parent or guardian, and the child/children in your care, with BaySwim. We recommend that you read them carefully.

1.0 Swim School Participation and Responsibility

1.1 Rules: We may set Rules from time to time, which will form part of this Agreement. By entering into this Agreement, you and the child/children in your care agree to be bound by any Rules.

1.2 Changes: You accept that conditions including our opening and closing hours, services and facilities, and fees may change from time to time. If that happens, we will notify you in advance at the contact details advised on the front page. You will be bound by the amended terms.

1.3 Difference in terms and conditions: If this Agreement differs from anything communicated over the phone, this Agreement will apply unless you receive written confirmation from us.

1.4 Participation: Your payment allows you or the child/children in your care to participate in BaySwim lessons according to this Agreement. If you or a child/children in your care breach any term of this Agreement or any Rules, lessons may be cancelled.

1.5 Swim School card: Each participant will receive a BaySwim card upon registration. If they arrive without it, entry may be refused. Cards cannot be lent to others, and must be returned at the end of the registered term or if the agreement is cancelled.

1.6 Lost BaySwim card: If you lose your BaySwim card, we will replace it for a fee.

1.7 Changes to your situation: You must inform us of anything affecting participation, such as health, and any changes to your contact details.

1.8 Your promise to us: When you sign this Agreement, you promise:

• You know of no medical reason preventing participation.

• Participation will not damage health, safety, comfort, or physical condition.

• You will ensure not only your safety but also the safety of others.

1.9 Use pool areas with care: We accept no responsibility for children outside scheduled lesson times. No children in swim lessons may enter the learner pool while lessons are running.

• Children 10 years and under must be actively supervised by an adult over 16 years.

• Children 5 years and under must be within arm's reach of an adult over 16 years.

• Follow all rules, signs, and directions from Bay Venues staff for your safety.

1.10 Health responsibility: You agree not to use our facilities if you or the child/children in your care are suffering from:

• An infection or contagious illness.

• A physical complaint that may put others at risk (e.g., open cuts).

1.11 Care of equipment: You and the child/children must use our facilities and equipment correctly. If unsure, please speak to a BaySwim representative.

1.12 Damage to facilities: You are responsible for any damage caused by you or child/children through deliberate acts or negligence.

1.13 Personal property: You are responsible for any personal property brought onto our premises; it is at your own risk.

1.14 Refusing entry: Entry may be refused if you or child/children break any Rules or act in a way inconsistent with this Agreement.

1.15 Cancellation after notice: If you or child/children breach this Agreement, we may warn you that BaySwim participation is at risk of cancellation. Continued inappropriate behavior may lead to cancellation of lessons.

1.16 Instant cancellation: We may cancel a registered BaySwim member immediately for inappropriate behavior or serious risks, such as:

• Threatening or harassing others.

• Damaging equipment or facilities.

• Using illegal substances.

• Soliciting or operating a business on premises without consent.

2.0 Our Responsibilities

2.1 Promise: We promise to provide services with due competence, skill, and care.

2.2 No claim against us: BaySwim will not be liable for:

• Loss or damage to personal property brought into the facility at your own risk (excluding negligence by BaySwim).

• Loss or damage caused by events beyond our control.

2.3 Risk of injuries and release of liability: You acknowledge and accept the risk of injury while using our facilities.

2.4 Limitation of liability: Neither party shall be liable for consequential or indirect losses.

2.5 Negative changes: You can cancel your BaySwim lessons immediately if we make changes negatively affecting you. Proof of negative impact may be requested.

2.6 Breach of Agreement: You can cancel your BaySwim lessons if we breach this Agreement and do not remedy it in a reasonable time after notification.

3.0 Replacement Lessons

3.1 Replacement Lessons: BaySwim offers one replacement session per participant per swim school term, free of charge, for missed lessons. These lessons must occur after the missed lesson and be booked within the same term, subject to availability.

3.2 Conditions: Absences must be notified.

4.0 Lesson Termination

4.1 Termination: This agreement continues unless terminated by you or us.

5.0 Payment

5.1 Payment of fees: Payment options include Direct Debit or upfront payments.

• Direct Debit: Fees paid in advance every fortnight. If using a credit card, any transaction fees will be passed on. Payments will begin prior to the first lesson and continue every second Monday.

• Upfront payment: Fees paid upfront for the term or holiday lessons, based on the total number of lessons in the term. Lessons must be rebooked each term.

5.2 Late payments: If fees are not paid on time:

• Lessons may be cancelled until payments are up to date, which could result in loss of preferred class times.

• Free swimming access may cease until all outstanding fees are settled.

• Payments may take up to 5 working days to process; ensure sufficient funds in your account.

5.4 Your payment responsibilities: You are responsible for:

• Ensuring your nominated account accepts direct debit.

• Maintaining sufficient funds on payment day.

• Informing us of any changes to your bank or credit card details.

5.5 Disallowed payments: If a payment is not allowed, you must pay on site before the next lesson.

5.6 Cancellation without further payment: A standard rate of 14 days’ notice will be charged. Any cancellations for lessons paid upfront will result in vouchers for future Bayswim lessons. The notice period may be waived if:

• The participant becomes sick or incapacitated (medical certificate required).

• You are declared bankrupt by a New Zealand Court (evidence required).

5.7 Suspensions: A student may suspend for a 14-day period within any term, with a minimum of 14 days' notice required in writing. Any suspensions for upfront customers will result in vouchers for future BaySwim lessons.

5.8 Changes to Swim School fees: We may increase fees and will notify you one month in advance. If no notice is received from you, you will be bound by the increased fee.

5.9 Swim School fees include GST: Membership fees include GST; any increase in GST will increase your BaySwim fees.

6.0 Your Privacy

6.1 Storage and use of personal information: Your personal information will be held securely and used in accordance with our privacy policy.

6.2 Filming and photography: We may film or photograph the programme for promotional purposes. By signing this agreement, you consent to the use of images of you or the child/children in your care.

7.0 Meaning of Words and Phrases

• Agreement: The Swim School Terms and Conditions.

• You/Your: Refers to you and your child/children as noted on the front of this Agreement.

• Working Day: A day when registered banks are open for business, excluding weekends.

This agreement supersedes any previous arrangements regarding your use of our facilities and membership of the centre.

• We/Us/Our: Refers to Bay Venues Limited, including our staff, contractors, and assigns.