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Terms and Conditions

Agreement

The Fine Print

Lesson Administration & Direct Debit Policy
Like every business transaction, we need to have some terms and conditions. We’ve tried to keep them as few and straightforward as possible. Don’t hesitate to contact us if you have any questions.
Enrolment & payment
Aquabliss offers perpetual enrolments which ensures that your booking is reserved. This means your booking runs continuously throughout the year including school holidays. Bookings are not made on public holidays (if your lessons are booked on that holiday) and during our annual shutdown period which is normally 2 weeks over Christmas.

Enrolments into the program can be made at any time throughout the year.

Upon making a booking, you are required to pay the fees for the first month (or part month) of lessons and create a login to the Aquabliss Customer Accounts Portal whereupon bank details must be entered for direct debit purposes.

Subsequent fees must be paid via direct debit and will be debited monthly. Your nominated bank account or credit card will be debited on the 1st of the month for that month. Eg. you will be direct debited on the 1st of July for your July fees.

Your booking will continue each month until written notification is given for the cancellation of lessons (see Cancelling a Booking).

Bookings can only be made within one week of the desired start date.
Make-up lessons offered for missed lessons

We understand that you cannot always attend your scheduled lessons, therefore we offer make-up lessons. 

Conditions for make-up lessons:

  • For a make-up voucher to be applied to your account, the centre must be notified of the absence before 8:00 am on the day of the lesson 
  • Make-up lessons are limited to a maximum of 8 per calendar year per weekly booking. 1 lesson booked per week = 8 make-ups / 2 lessons booked per week = 16 make-ups etc.
  • Make-up lessons expire on 31 December each year. Any unused make-up vouchers will be forfeited
  • Make-up lessons can only be booked within 7 days from the date of the request 
  • Make-up lessons are offered where available space exists in another class, so they are subject to availability and the same instructor cannot be guaranteed
  • Make-up lessons cannot be booked within the School Holiday Intensive program
  • If you are unable to attend the scheduled make-up lesson, it will be forfeited
  • If your perpetual booking is cancelled, any unused make-up lessons will be forfeited
  • There will be no refund or credit given for missed or unused make-up lessons 

Please note: Managers have some discretion to slightly extend the quota of make-ups to accommodate extenuating circumstances beyond a parent’s control, e.g. continued or repeated illness/hospitalisation etc. Medical or other suitable evidence may be required to support a request for extra make-ups. 

Cancelling a booking
Should you decide to cease your lessons with Aquabliss, written notification of the cancellation is required prior to the last day of the month.

Written notification may take the form of either an email sent to the centre’s email address or by filling in a Cancellation Form at the centre.

Please ensure cancellations are received on time as cancellations received after your direct debit has been processed will not be refunded or credited, i.e. there will be no refund or credit given for which payment has already been received.
Family discounts
We offer a discounted rate on the enrolment of second, third and subsequent children from the same family unit. The amount of the discount is provided if:

  • We can link the family member/s to the responsible person/bill payer
  • The responsible person/bill payer agrees to pay for the fees/s from the same account
Using a concession discount
You may receive a discount at our centres if you are a senior’s cardholder.
Your agreement with Aquabliss
You have an agreement with us when you have made a booking which includes accepting our terms and conditions online and/or commenced using our facilities (whichever is the earlier). If these terms and conditions or your agreement differ from anything you are told at the centre or over the phone, these terms and your agreement will apply, unless written confirmation is received by email from an Aquabliss employee using an Aquabliss email.
Swim caps mandatory (except for babies, addtional needs & aqua customers)

Except for our tadpole parent and baby classes, students with addtional needs and aqua aerobics cusomers, a swim cap is essential for every student, no matter how short or long their hair. This also applies to lap swimmers, aqua-aerobic customers and participants in any other pool-related activities.

Exemptions will be granted where special or medical reasons prevent wearing a swim cap. A letter from a certified professional may be required.

If your child refuses to wear a swim cap, we can make exceptions from time to time, for a short while, to help your child get used to wearing one. We’ll appreciate you talking to us and working with us so that together we can help your child adjust.

A swim cap will

  • Keep hair out of faces & goggles in place
  • Keep swimmers warmer
  • Keep our pool water cleaner

You can read more about the benefits of wearing a swim cap in this blog.
 

While goggles arent mandatory, we highly recommend them when learning to swim. It encourages students to put their heads under water and helps to improve their body positioning. We find that wearing goggles often speeds up learning.

However, for some classes, and during Pass Class, (which is part of our Swim Safety Week, usually held at least twice a year), students will be expected (but not forced) to swim without goggles.
This is to ensure your child does not become over-dependent on goggles and is able to swim without them because it’s likely your child won’t be wearing them if they accidentally fall into water. 

Swim nappies mandatory (until fully toilet trained)

Babies and toddlers not fully toilet trained must wear tightfitting waterproof swim nappies.

Any person not complying with this policy will be instructed to not enter the water (e.g. we notice the child is wearing an ordinary nappy) or leave the water (e.g. the nappy needs changing.)

Wearing suitable clothes

All swimmers and guests must wear suitable clothing. We do not allow clothes with offensive images or innappropriate language.

Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait.
Promising you are in good health
On the day you make a booking/accept our terms and conditions and each time you use our centres, you promise us that you or the children that you are responsible for who are using our facilities are in good physical condition and that you do not know of any medical or other reason why you or they cannot or should not attend lessons at our centre.
Seeking expert advice
Our staff and contractors are not medically trained. They are not qualified to assess if you and/or your children are in good physical condition and can exercise without risking your/their health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting a swimming program.
Payments
Direct debit is the only form of payment method accepted.

Upon making a booking the customer is required to pay the fees for their first month (or part month) of lessons. Only the first initial payment can be made using cash or EFTPOS. All future fees must be paid by Direct Debit.

If full payment has not been made within 1 week after the commencement of the first class for such a booking, then Aquabliss may cancel the booking after giving the customer prior notice whether by email, phone or text that such payment is required. Once the customer enters their nominated bank details they agree that they are obliged to pay Aquabliss the current pricing amount for any such booking(s) without any set off or deduction and that Aquabliss is entitled to charge their nominated bank account, credit or debit card for such past due fees without further notice to the customer.

Subsequent monthly fees are direct debited on the 1st of each month from the customer’s nominated bank account, credit, or debit card. Any exception to Direct Debit compliance must only be approved, in writing, by the General Manager.
Credits
We may offer you credit from time to time, including in connection with when we have to cancel a lesson due to pool closure, unexpected maintenance works or in other circumstances.  
 
Credit is attached to a specific customer account and is usually processed at the next direct debit run.

If the customer account is closed for any reason, any credit is lost.

We may close a customer account, at our option, if the customer is in default of payment or in breach of our terms and policies, if we notice any other issue or error with the account (including possible fraud or criminal activity) or if the account remains idle for 12 months or more.

Credit may not be assigned or transferred to another customer account, except in our discretion.

We may approve a transfer of credit where you change your account details but not where the customer identity changes.

Credit is otherwise valid for a maximum of 12 months from the date of issue or creation.

Expired credit will be deleted and is not refundable.

We are not responsible for notifying you of the credit expiry date on issue or to provide you with reminders. 

Credits can only be applied towards swimming lessons and for no other purpose and may not be used in conjunction with special offers and promotions which state credit does not apply. 

Credit may not be redeemed for cash or converted into any other forms of tender including gift cards or vouchers.
What happens if your payment is late or fails?
In certain instances, such as insufficient funds, lost or stolen card, incorrect expiry date, a customer’s direct debit may reject. The Company has the right to charge the customer a $10 rejection fee to cover our administrative costs in relation to this rejection. We generally will not charge the customer a rejection fee, however, management has the right to charge the fee at its discretion e.g. repeat offenders.
Losing your centre access
If you do not fully pay your fees on the due date, we have the right to suspend your access to the swim centre until your payments are up to date and you have given us your new and/or revised account details (if applicable).
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:

  • Phoning you or speaking to you at your centre
  • Writing to the email address you last gave us
For bookings attached to your billing account, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details as soon as practicable. If you default in payment of your fees, we may send your outstanding debt to a third-party debt collection agency to collect your outstanding fees. If this debt is sent to a third-party further fees and charges may be payable.
Staying up to date with our terms
We may sometimes add to, change, or remove our terms and conditions. This includes changing a centre opening and closing hours, its services and facilities and fees.

Sometimes, we may also close centres for refurbishment to improve their facilities. We do not reduce your fees because your centre is closed for renovations provided it does not affect your use of the facilities. We reduce the direct debit charge if your scheduled lesson falls on a public holiday and we are closed on that day or if we are closed for a holiday shutdown or an extended shutdown caused by maintenance repairs.

The most up-to-date terms and conditions always apply. You can find these on our website at www.aquabliss.com.au.
Being notified about changes
We will give you at least 7 days’ notice of any material changes that will impact you, including price rises, for instance by:

  • Publishing them in our newsletter or on our website
  • Placing a notice at the centre
  • Phoning you or writing to the email address you last gave us (we generally do not use post unless absolutely required)
If we suspend a centres operations or services, temporarily or permanently, we may send you a written notice offering you either a:

  • Transfer to another centre, if available
  • A pause on your booking/s with no fees to be charged
Cancelling your booking
If we do not fulfil our obligations to you, you are entitled to cancel your bookings. Unless the law states otherwise, you won’t have any other claim against us if this happens other than recovery of fees for lessons that you have already paid for and we have not provided to you. In respect of any other liability to you, whether arising out of tort, contract or otherwise, this liability is limited to the greater of the amount of money that we have received from you for services which we have not been provided to you, the total amount you have paid us over the past 12 months or $1000.
Telling us about your health risks
If you believe any lessons or activities might risk the swimmer’s health, you must tell us this in writing with full details. You must also tell us if the medical condition changes after the booking commence.

We may choose to refuse your bookings until:

  • Your doctor agrees in writing that the swimmer is fit to exercise
  • You show us proof that you have received medical advice on an appropriate exercise program
Managing infections and illnesses
You must not use our centres facilities if:

  • You have an infection, contagious illness or material physical ailment, such as an open cut or sore or there is any other material risk, to other members and guests
  • In this instance you will be entitled to a make up in accordance with our make-up policy.
Cancelling if changes to terms and conditions adversely affect you
We reserve the right to change or add to these terms and conditions. If by making such changes you are adversely affected, you may cancel your booking/s by providing reasonable written notice to us including a valid reason.
Respecting our equipment
You are responsible for using our facilities and equipment correctly. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence. Note also that you must not use a camera in our centres without written permission.
For your safety
You must always follow instruction from the staff at the centres. This includes but is not limited to instructions relating to safety, supervision of children and adherence to pool deck procedures. Signage displayed in the centres must always be followed.

Children under 10 – a  parent/carer must always be present poolside. The water can be a scary place for some children and sometimes instructions/guidance is required to be sought from you or someone who knows your child well. We also find that in these early years of learning to swim, it’s advantageous that you or someone close to your child are involved in their swim journey.

Children aged 10 & 11 – the parent/carer can leave the poolside/site whilst the lesson is taking place, if they feel their child can cope. However, they must be present at the beginning and end of the lesson, and responsible for getting their child changed. It gets busy during lesson changeover times and we can’t allow staff to be taken away from water safety duties by having to supervise individual children. We see these as the transitional years, where children are learning to become more and more independent as they near their high school journey. So whilst in the water, most are able to cope without having an adult poolside during the lesson. 
Keeping your belongings safe
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the centre. We may give lost property to charity or others at the end of each month.
Parking
You park in the centre’s car park or on centres premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
Being refused entry or receiving a warning
We can refuse entry to anyone if they act unreasonably. We may also warn you that you risk having your booking cancelled. If you continue to behave in the same way, we may cancel your bookings immediately.
Facing instant cancellation
We can cancel your bookings without warning if you behave in a way that is risky or seriously inappropriate to our staff, other customers and/or our property, such as:

  • Threatening or harassing others including our staff, customers and/or suppliers whether at the centre and/or on social media etc
  • damaging equipment
Meeting your responsibilities
Your responsibilities, including payment of fees, do not depend on how often you attend lessons. You must tell us about anything that affects your bookings, and any changes to your contact and bank details.
GST exempt lessons
All of our learn to swim programs are GST exempt because they include mainly instruction in personal aquatic survival skills and meet the definition of a ‘first aid or lifesaving course’ in the GST Act. Our Squad Programs however do not qualify for GST exemption.
Understanding our privacy policy
During and after termination of your membership, we will have access to personal information about you. We will only use, disclose, or deal with your information in line with our privacy policy.
Having your contract transferred
We can assign or transfer the benefit of your contract to a person, firm, or company at any time. We will provide you with written notice if this has occurred. We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.
NSW Law
Your agreement is subject to laws of the State of New South Wales. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

If you would like to discuss any of the above in more detail, please talk to one of our reception team or your Centre Manager.