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Terms and Conditions

View the different terms and conditions that operate throughout the centre and find out membership specifics.

Facility Booking Terms and Conditions
View the City of Cockburn Privacy Policy (on the City's website)

Memberships

Lifestyle Active

Lifestyle Active

Facilities Available:
  • Full gym access
  • Group Fitness Classes
  • Indoor and outdoor pool during operating hours
  • Spa & Sauna/Steam
  • Wellness program pool
  • Temporary locker on entry
  • Casual court usage
 

Conditions

Above 16 years of age
Excludes any other form of admission including access to social sporting competitions, special events, waterslides and programs. 
This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract. 
Under the age of 18 you must complete a fitness appraisal with a qualified Cockburn ARC Gym Instructor prior to participating in any activity in the gym or group fitness classes.

Contract Terms

Direct debit with 6 months minimum term.
  • 28 days’ notice of cancellation required during or after 6 month term.
  • $49 early exit fee to cancel membership within the 6 month minimum term.
 
The above minimum contract terms also apply to:
Foundation one
Foundation two and;
Foundation three

Pricing Structure

Joining Fee: $99.00
Membership Fee: $20.50 per week
Flexi Active

Flexi Active

Facilities available:
 
  • Full gym access
  • Group Fitness Classes
  • Indoor and outdoor pool during operating hours
  • Spa & Sauna/Steam
  • Wellness program pool
  • Temporary locker on entry
  • Casual court usage
 

Conditions

Above 16 years of age
Excludes any other form of admission including access to social sporting competitions, special events, waterslides and programs. 
This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract. 
​Under the age of 18 you must complete a fitness appraisal with a qualified Cockburn ARC Gym Instructor prior to participating in any activity in the gym or group fitness classes.

Contract Terms

Direct debit with a 28 day minimum term. 28 days' notice of cancellation required

Pricing Structure

Joining fee: $99.00
Membership fee: $23.50 per week
 
Lifestyle Aquatic Membership

Lifestyle Aquatic Membership

Facilities available:
  • Indoor and outdoor pool during operating hours
  • Spa & Sauna/Steam
  • Wellness program pool
  • Temporary locker on entry

Conditions

Above 16 years of age
Excludes any other form of admission including access to social sporting competitions, special events, waterslides and programs.

Contract Terms

Direct debit with 6 months minimum term.
  • 28 days’ notice of cancellation required during or after 6 month term.
  • $49 early exit fee to cancel membership with  in the 6 month minimum term.
 

Pricing Structure

Joining fee: $49.00
Membership fee: $15.50 per week
 
Flexi Aquatic Membership

Flexi Aquatic Membership

Facilities available:
  • Indoor and outdoor pool during operating hours
  • Spa & Sauna/Steam
  • Wellness program pool
  • Temporary locker on entry

Conditions

Above 16 years of age
Excludes any other form of admission including access to social sporting competitions, special events, waterslides and programs.

Contract Terms

Direct debit with a 28 day minimum term.
28 days’ notice of cancellation required.

Pricing Structure

Joining fee: $49.00
Membership fee: $17.50 per week
Concession

Concession

Facilities available reflects the membership type selected.

Conditions

Must have a valid concession card or proof of age card for 16 – 17 year olds.
Aged 16 – 17 years old
The membership application must be signed by the minor’s parent/guardian, who agreed by signing that he or she is authorised to enter into this agreement on behalf of the minor and remains responsible for its due performance by the minor.
Members over the age of 16 must complete a pre-exercise questionnaire prior to commencement of any training.

Eligible to participate in:
  • Non-weights based group fitness classes
  • Water-based classes
  • Weights-based group fitness classes (including circuits and boxing type classes)
  • Eligible to participate in unsupervised resistance    training under the basis that:
  • Pre-exercise screen has been assessed by qualified staff member
  • An initial resistance training program has been written and is to be supervised by a qualified member of staff.

Contract Terms

Contract terms of membership type selected apply.
28 days’ notice of cancellation required.
Notice will be given 30 days prior to the expiry of concession date, if concession is not supplied the membership will automatically revert to a full priced membership.

Pricing Structure

Discount of 20% on membership type selected
Joining fee becomes $0.
 
Active Youth

Active Youth

Facilities available:
  • Restricted gym access (14 – 15 years)
  • Health Club Restricted Access
  • Weekdays: 7am to 5pm
  • Weekends: 9am to 5pm
  • Public Holidays: 9am to 5pm

Conditions

Members under the age of 16
Must complete pre-exercise screen questionnaire prior to commencement of any training. 
Parent/guardian must sign questionnaire on behalf of young adolescent
Eligible to participate in:
  • Non-weights based group fitness classes
  • Water-based classes
  • Eligible to use cardiovascular equipment unsupervised
  • May participate in structured or supervised group  activities at discretion of the Facility.
  • Not eligible to participate in unsupervised resistance training or weights based group fitness classes 
  • must complete an initial consultation and program commencement with a gym instructor before using the Facility

Contract Terms

Direct debit with a 28 day minimum term.
28 days’ notice of cancellation required.

Price Structure

Joining fee: $0
Membership fee: $15.50 per week
Swim ARCademy

Swim ARCademy


Facilites available:
  • 48 learn to swim lessons per year at a designated weekly  lesson time.
  • Access to all pools (excluding the wellness program pool, spa, sauna, steam room and waterslides).
  • Allows complimentary entry for one responsible person, 16 years or over, to supervise the minor during lesson and at all times outside of lessons.

Conditions

Memberships are for persons aged from 4 months.
Where a person is a minor (under 18 years) the membership application must be signed by the minor’s parent or guardian who agrees, by signing, that he or she is authorised to enter into an agreement on behalf of the minor and remains responsible for its due performance by the minor.
Where a swim school member is 11 years or under, they must be accompanied and supervised by a responsible person aged 16 years or older.
You are entitled to suspend your swim school membership during designated non lesson periods for swim school. Whilst suspended your entry entitlements will be suspended.
If a medical certificate is supplied then a medical suspension can be applied for absences between 2 and 7 weeks. At the time of the expiration of the medical certificate debits will continue as per normal.

Contract Terms

  • Direct debit payments with 28 day minimum term.
  • No concession price.
  • GST free.
  • No makeup lessons
  • Not valid for use in conjunction with other external programs or services including but not limited to Education Department, Vac Swim and squad swimming.
  • Free cancellation if notice is provided by close of business on the Tuesday prior to the next direct debit date.

Pricing Structure

Joining fee: $0
$17 per week.
 
Active Squad

Active Squad

Facilities include:
  • Indoor and outdoor pool during operating hours.
  • Temporary locker on entry.

Conditions

Squad active membership are for persons under the age of 16    enrolled in the Dolphins Swim Club only; 
Memberships are direct debit payment option only; 
The member can cancel at any time, providing 28 days cancellation notice; 
Where a person is a minor (under 18 years) the membership application must be signed by the minor’s parent or guardian; 
Where a squad member is 11 years or under, they must be accompanied and supervised by a responsible person aged 16 years or older; 
Squad active membership includes spectator entry for one supervising responsible person, typically an adult; 
Junior squad active membership is for children 12 years and under; 
Senior squad active membership is for children 13 years and above; 
A photo is required to be attached to South Lake Dolphin Memberships. 

Contract Terms

Direct debit with a 28 minimum term.
28 days’ notice of cancellation   required.

Pricing Structure

Joining fee: $0
Jnr Squad Active (12 and under) -  $12.50 per week
Snr Squad Active (13 to 15) - $15.50 per week
FIFO Lifestyle Active

FIFO Lifestyle Active Membership

Facilities include:
  • Full gym access
  • Group Fitness Classes
  • Indoor and outdoor pool during operating hours
  • Spa & Sauna/Steam
  • Wellness program pool
  • Temporary locker on entry
  • Casual court usage

Conditions
Above 16 years of age
Excludes any other form of admission including access to social sporting competitions, special events, waterslides and programs. 
This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of  contract. 

Contract
  • Direct debit with 6 months minimum term.
  • 28 days’ notice of cancellation  required during or after 6 month term.
  • $49 early exit fee to cancel membership with  in the 6 month minimum term.
  • Proof of FIFO employment is required at sign up. Proof may be in the form of a letter from employer or roster as  evidence of FIFO work.
  • Proof of continuous employment will be required every 6 months. 
  • Suspension will require proof of medical or holiday.

Pricing Structure

Discount of 30% on Lifestyle Active Membership
Joining fee=$0


 

Membership Terms and Conditions

Terms and Conditions as of 13 October 2016

1. Overview

In this Membership Agreement “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2.      We operate the Facility.         
1.3.      This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4.      This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this.

2. Membership Agreement.

2.1.      During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2.      Your membership of the Facility under this Membership Agreement:
2.2.1.   Is subject to the terms and conditions of this Membership Agreement;
2.2.2.   Is subject to any limitations and exclusions applicable to your Membership Type; and
2.2.3.   Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.2.4.   Is not transferrable to another person.
2.2.5.   Cannot be shared with another person.
2.3.      If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.

3.Duration of your membership

3.1 This Membership Agreement will commence on the Start Date.
3.2.      Expiry
3.2.1.   If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2.   If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.

4. Cooling Off Period

4.1.      The cooling off period for memberships is 48 hours from when agreement is signed.
4.2.      You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3.      If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1:
4.3.1.   This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2.   We will refund you all Fees you have paid to us under this Membership Agreement.
4.4.      If you do not terminate this Membership Agreement during the Cooling Off Period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.

5. Changes to your membership

5.1.      Changes to this Membership Agreement
5.1.1.   We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2.   We will give at least 10 Business Days’ notice of any changes to this   Membership Agreement and the date they are to take effect.
5.1.3.   If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4.   Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5.   If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6.   If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement.

5.2.      Changes to Facilities 
5.2.1.   We may change all or part of the Facility at any time, including by:
a)adding, removing or replacing equipment (whether available for use by your Membership Type or not);

b)Change the name of the Facility; and
c)Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
5.2.2.   Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.
5.3 Changes to your Membership Type
5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.

 

6. Payments

6.1.      Fees

6.1.1.   If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2.   If your Membership Type is Direct Debit, you must pay;
a)         the joining fee upfront; and
b)         the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.
6.2.      Direct Debit
6.2.1.   Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2.   If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
6.3.      Changes to Payment Method and payment details.
If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.
6.4.      Payment Method Fees
If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
6.5.      Other charges
6.5.1.   Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2.   Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.
6.6.      Refunds
We are under no obligation to refund money you have paid to us, expect as expressly set out in this Membership Agreement.
6.7.      Dishonoured payments
            If your Payment Method fails for any reason:
6.7.1.   We will suspend your account as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured.
6.7.2.   You will be charged a $15.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3.   You must pay us on demand all resulting fees and charges; and
6.7.4.   You authorise us to chare you via your Payment Method for any such resulting fees and charges.
6.8.      GST
6.8.1.   Your fees are inclusive of goods and services tax (GST).
6.8.2.   If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.
6.9.      Adjustment to Fees
6.9.1.   We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving your at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2.   You:
a)         Must pay any adjusted Fees from the date the adjustment takes effect; and
b)         Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3.   An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3.

7. Your Membership Obligations

7.1.      Facility Rules
You must;
7.1.1.   comply with the Facility Rules at all times;
7.1.2.   comply with instructions given by our staff in relation to the Facility;
7.1.3.   not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4.   not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.
8.         Your Obligations

8. Access

8.1.1.   All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2.   In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a)         Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3.   Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.
8.2.      Fitness programs and recommended activities
8.2.1.   Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2.   Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3.   You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.
8.3.      Medical
You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.
8.4.      Programs and activities run by third parties
From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1.   We are not responsible for any such goods or services;
8.4.2.   You must pay these providers directly for any such goods of services; and
8.4.3.   We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.
8.5.      Emergencies and natural disasters
8.5.1.   We may be required to use all or part of the Facility during emergencies or natural disasters, including to provide and coordinate support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2.   We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.

9. Suspension of your membership

9.1.      Suspension by you
9.1.1.   You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods not exceeding a total of 12 weeks in each calendar year by giving us at least 10 Business Days’ written notice.
9.1.2.   We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3.   You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.
9.1.4.   If this Membership Agreement includes Swimming Lessons, you cannot suspend your Swimming Lessons at any time during the 48 week program, even if you provide us with a medical certificate. Spaces in classes will not be held for members at any time.
9.2.      Suspension by us
9.2.1.   We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2.   If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3.   If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4.   If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5.   If you breach any term of this Membership Agreement, and either;
9.2.6.   You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7.   The breach is incapable of being remedied; or
9.2.8.   If the facility is unavailable or unfit for use, including during an Emergency Period.
9.3.      Effect of Suspension
9.3.1.   During any Suspension Period
a)         You must not use the Facility under this Membership Agreement;
b)         You will not pay the Membership Fees for the Suspension Period; and
c)         You will pay the Suspension Fees for the Suspension Period.
9.3.2.   We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3.   If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4.   If your Membership Type if Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.

10. Termination of your membership

10.1.    Termination by you
You may terminate Membership Agreements:
10.1.1. If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2. If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception.;
10.1.3. Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4. Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5. Otherwise with our agreement in writing, which we may provide in our absolute discretion.
10.2.    Termination by us
We may terminate your Membership Agreement giving you written notice:
10.2.1. If you fail to pay the Fees (or any instalment of Fees) when due;
10.2.2. If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3. If you breach any term of this Membership Agreement, and either;
10.2.4. You do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5. The beach is incapable of being remedied, or;
10.2.6. If the Facility is unavailable or unfit for use.
10.3.    Effect of termination
If this Membership Agreement is terminated:
10.3.1. By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a)         all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b)    the Early Exit Fee;
10.3.2. By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3. By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4. By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5. By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Cancellation Fee.
10.3.6. If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7. By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
10.4.    Liability
By signing this Membership Agreement, you:
10.4.1. Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2. Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3. Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4. You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5. This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.

11. Disputes and complaints

11.1.    If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2.    We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.

12.  Privacy

12.1.    We will have access to personal information about you, such as your name and address.
12.2.    We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3.    We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.

13. Notices

13.1.    Your contact details
13.1.1. Your contact details are set out in the Membership Form under Membership Details.
13.1.2. You must give us written notice of any changes to your contact details.
13.1.3. If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.
13.2.    Notices from you to us
13.2.1. You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2. By hand delivery to the Facility; or
13.2.3. By email to memberships@cockburnarc.com.au;  

14. Notices from us to you

14.1. We may serve notices on you under this Membership Agreement by any of the following methods:
a)         By publishing the notice on our website;
b)         By publishing signage in the centre;
c)         By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d)         By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).

15. Miscellaneous

15.1.    Governing Law
15.1.1. This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.
15.2.    Lockers
15.2.1. Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
15.2.2. The locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
15.2.3. We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.

16. Membership Identification

16.1 A photo is required at the time of joining to verify the identity of the membership holder.
16.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
 

17. Swim School

17.1 Suspensions
17.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
17.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.

17.2 Swim School Cancellation
17.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.

17.3 Public Holiday
17.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.

17.4 Inclusions/Exclusions
17.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
17.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
17.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
17.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
17.4.5 Waterslide entry is not covered by a swim school membership
17.4.6 Makeup lessons will not be offered at any time.
 

18. Service Disruption

18.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.

19. Visit Passes

19.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
19.2 Multi visit passes are non-refundable;
19.3 Multi visit passes expire 12 months from the date of activation;
19.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
19.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use.
 
Terms and Conditions as at 5 July 2017
Membership Terms and Conditions
Cockburn Aquatic & Recreation Centre (ARC)
 
  1. Overview
In this Membership Agreement
1.1 “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2 We operate the Facility.        
1.3 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement


2. Your Membership
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your Membership Type refers to the membership type you have selected and the conditions for that type found at www.cockburnarc.com.au/About/Terms-and-Conditions
2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.3.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 Cannot be shared with another person.
2.4 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.

3. Duration of your membership
3.1 Commencement

This Membership Agreement will commence on the Start Date.

3.2 Expiry
3.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.

3.3 Minimum Term
3.3.1 All memberships have a minimum contractual term:
  • Lifestyle memberships are ongoing memberships with a 6 month minimum term
  • Flexi memberships are ongoing with a 28 day minimum term.

4. Cooling Off Period
4.1 The cooling off period for memberships is 48 hours from when agreement is signed.
4.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1:
4.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
4.4 If you do not terminate this Membership Agreement during the Cooling Off Period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.

5. Changes to your membership
5.1 Changes to this Membership Agreement
5.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
5.1.3 If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5 If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6 If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement

5.2 Changes to Facilities
5.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b)Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.

5.3 Changes to your Membership Type
5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.

6. Payments

6.1 Fees
6.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.

6.2 Direct Debit
6.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.

6.3 Changes to Payment Method and payment details.
6.3.1 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.

6.4 Payment Method Fees
6.4.1 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.

6.5 Other charges
6.5.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.

6.6 Refunds
6.6.1 We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.

6.7 Dishonoured payments

If your payment method fails for any reason;
6.7.1We will suspend your account from facility access as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured
6.7.2 You will be charged a $15.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3 You must pay us on demand all resulting fees and charges; and
6.7.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.

6.8 GST
6.8.1 Your fees are inclusive of goods and services tax (GST).
6.8.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.

6.9 Adjustment to Fees
6.9.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b) Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3 An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3.

7. Your Membership Obligations

7.1 Facility Rules

You must;
7.1.1 comply with the Facility Rules at all times;
7.1.2 comply with instructions given by our staff in relation to the Facility;
7.1.3 not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.

8. Your Obligations

8.1 Access
8.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2 In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3 Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.

8.2 Fitness programs and recommended activities
8.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.

8.3 Medical
You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.

8.4 Programs and activities run by third parties

From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1 We are not responsible for any such goods or services;
8.4.2 You must pay these providers directly for any such goods of services; and
8.4.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.

8.5 Emergencies and natural disasters
8.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.

9. Suspension of your membership
9.1 Suspension by you
9.1.1 You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.
9.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.

9.2 Suspension by us
9.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4 If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5 If you breach any term of this Membership Agreement, and either;
9.2.6 You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7 The breach is incapable of being remedied; or
9.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.

9.3 Effect of Suspension
9.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c) You will pay the Suspension Fees for the Suspension Period.
9.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3 If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4 If your membership type is Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.

10. Termination of your membership
10.1 Termination by you

You may terminate Membership Agreements:
10.1.1 If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2 If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception.;
10.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5  Otherwise with our agreement in writing, which we may provide in our absolute discretion.

10.2 Termination by us

We may terminate Membership Agreement giving your written notice:
10.2.1 If you fail to pay the Fees (or any instalment of Fees) when due.
10.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3 If you breach any term of this Membership Agreement, and either;
10.2.4 If you do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5 The breach is incapable of being remedied, or;
10.2.6 If the Facility is unavailable or unfit for use.

10.3 Effect of termination
If this Membership Agreement is terminated:
10.3.1 By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee
10.3.2 By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3 By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4 By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5 By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
10.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7 By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.

10.4 Liability
By signing this Membership Agreement, you:
10.4.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.

11. Disputes and complaints
11.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
 
12. Privacy
12.1 We will have access to personal information about you, such as your name and address.
12.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.

13. Notices
13.1 Your contact details
13.1.1 Your contact details are set out in the Membership Form under Membership Details.
13.1.2 You must give us written notice of any changes to your contact details.
13.1,3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.

13.2  Notices from you to us
13.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2 By hand delivery to the Facility; or
13.2.3 By email to info@cockburnarc.com.au;  

13.3 . Notices from us to you
13.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).

14. Miscellaneous
14.1 Governing Law
14.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.

14.2 Lockers
14.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
14.2.2 he locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
14.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
 
15. Membership Identification
15.1 A photo is required at the time of joining to verify the identity of the membership holder.
15.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
 
16. Swim School
16.1 Suspensions
16.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
16.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.

16.2 Swim School Cancellation
16.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.

16.3 Public Holiday
16.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.

16.4 Inclusions/Exclusions
16.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
16.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
16.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
16.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
16.4.5 Waterslide entry is not covered by a swim school membership
16.4.6 Makeup lessons will not be offered at any time.

17. Service Disruption
17.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.

​18. Visit Passes
18.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
18.2 Multi visit passes are non-refundable;
18.3 Multi visit passes expire 12 months from the date of activation;
18.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
18.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use

 
 
Terms and Conditions as at 20 September, 2017
Membership Terms and Conditions
Cockburn Aquatic & Recreation Centre (ARC)
 
  1. Overview
In this Membership Agreement
1.1 “You” means you, the member, as specified on the Membership Application form; and “Us” or “we” means Cockburn Aquatic and Recreation Centre
1.2 We operate the Facility.        
1.3 This Membership Agreement sets out the terms and conditions of your membership of the Facility.
1.4 This Membership Agreement includes the Membership Details, the Conditions of Entry, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement



2. Your Membership
2.1 During your Term, you may access and use the Facility in accordance with your Membership Type and this Membership Agreement.
2.2 Your Membership Type refers to the membership type you have selected and the conditions for that type found at www.cockburnarc.com.au/About/Terms-and-Conditions
2.3 Your membership of the Facility under this Membership Agreement:
2.3.1 Is subject to the terms and conditions of this Membership Agreement;
2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and
2.3.3 Does not entitle you to any access or use the Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Facility) – such as personal training services.
2.3.4 Is not transferrable to another person.
2.3.5 You acknowledge and agree that your membership access card, FOB or wristband cannot be shared with another person, friend or family member. If you breach this term you will be notified by us and be debited by our billing provider (Links Pay) an initial unauthorised entry fee of $50. Subsequent breaches will incur a $100 unauthorised entry fee and your membership may be cancelled. 
2.4 If you wish to use or access any part of the Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Member Relations Team to discuss this.

3. Duration of your membership
3.1 Commencement

This Membership Agreement will commence on the Start Date.

3.2 Expiry
3.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Paid in Full Term.
3.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis.

3.3 Minimum Term
3.3.1 All memberships have a minimum contractual term:
  • Lifestyle memberships are ongoing memberships with a 6 month minimum term
  • Flexi memberships are ongoing with a 28 day minimum term.

4. Cooling Off Period
4.1 The cooling off period for memberships is 48 hours from when agreement is signed.
4.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 13.2
4.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1:
4.3.1 This membership agreement will be terminated on the date your written notice is received by us; and
4.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.
4.4 If you do not terminate this Membership Agreement during the Cooling Off Period under clause 4.1, this Membership Agreement will continue in accordance with clause 3.

5. Changes to your membership
5.1 Changes to this Membership Agreement
5.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:
a) the Membership Terms and Conditions; and/or
b) the Facility Rules.
5.1.2 We will give at least 10 Business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.
5.1.3 If we change this Membership Agreement under clause 5.1.2 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 5.1.3, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
5.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership agreement will continue in accordance with clause 3.1.
5.1.5 If you terminate this Membership Agreement under clause 5.1.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will refund to you any Membership Fees you have already paid for the period after the date of termination: and
c) we will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.
5.1.6 If you do not seek to terminate your membership in accordance with clause 5.1.3, you will be deemed to have accepted any change we have made to this Membership Agreement

5.2 Changes to Facilities
5.2.1 We may change all or part of the Facility at any time, including by;
a) adding, removing or replacing equipment (whether available for use by your Membership Type or not);
b)Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clause 8.5).
Any change to the Facility as described in clauses 5.2.1(a) and 5.2.1(b) and, without limiting clause 8.5, does not constitute a change to this Membership Agreement and does not entitle you to terminate this Membership Agreement under clause 5.1.3.

5.3 Changes to your Membership Type
5.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership which includes altering payment details, upgrading or downgrading your membership and applying a corporate discount.

6. Payments

6.1 Fees
6.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.
6.1.2 If your Membership Type is Direct Debit, you must pay;
a) the joining fee upfront;
b) the prorata amount upfront and;
c) the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9, fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.

6.2 Direct Debit
6.2.1 Direct debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 6.8 and 6.9 in accordance with the Direct Debit Request Service Agreement.
6.2.2 If the due date for payment of any Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.

6.3 Changes to Payment Method and payment details.
6.3.1 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fees.

6.4 Payment Method Fees
6.4.1 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.

6.5 Other charges
6.5.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the facilities and equipment available at the Facility in accordance with your Membership Type.
6.5.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Facility.

6.6 Refunds
6.6.1 We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.

6.7 Dishonoured payments

If your payment method fails for any reason;
6.7.1We will suspend your account from facility access as soon as your bank has informed us that a payment has dishonoured. We will notify you by SMS and/or email when a payment has dishonoured
6.7.2 You will be charged a $15.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.7.3 You must pay us on demand all resulting fees and charges; and
6.7.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.

6.8 GST
6.8.1 Your fees are inclusive of goods and services tax (GST).
6.8.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.

6.9 Adjustment to Fees
6.9.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
6.9.2 You:
a) Must pay any adjusted Fees from the date the adjustment takes effect; and
b) Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 6.9.1
6.9.3 An increase of your Fees under clause 6.9.1 will not constitute a change with an adverse effect for the purpose of clause 5.1.3.

7. Your Membership Obligations

7.1 Facility Rules

You must;
7.1.1 comply with the Facility Rules at all times;
7.1.2 comply with instructions given by our staff in relation to the Facility;
7.1.3 not interfere with the use of the Facility by any other period (including any Facility members and hirers of equipment or areas in the Facility); and
7.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others.

8. Your Obligations

8.1 Access
8.1.1 All or part of the Facility and any equipment of the Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 8.5.
8.1.2 In addition to our rights under clause 9.2.2 and 10.2.2, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, risky or detrimental to the safe enjoyment of the Facility by yourself or others.
8.1.3 Exercise of our rights under clause 8.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.

8.2 Fitness programs and recommended activities
8.2.1 Our employees or contractors may, on your request, develop a fitness program and/or recommended activities for you at the Facility. You acknowledge and agree that:
8.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and
8.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the program and/or recommendations.

8.3 Medical
You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.

8.4 Programs and activities run by third parties

From time to time third parties may, at your request, provide goods or services to you at the Facility, such as personal training. You acknowledge and agree that:
8.4.1 We are not responsible for any such goods or services;
8.4.2 You must pay these providers directly for any such goods of services; and
8.4.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.

8.5 Emergencies and natural disasters
8.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
8.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.

9. Suspension of your membership
9.1 Suspension by you
9.1.1 You may voluntarily suspend your membership (other than any Swimming Lessons to be provided under this Membership Agreement) from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.
9.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you could not exercise during that period.
9.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.

9.2 Suspension by us
9.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:
9.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;
9.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Facility by others;
9.2.4 If we consider your use or access of the Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonable require (including a medical certificate) to the contrary:
9.2.5 If you breach any term of this Membership Agreement, and either;
9.2.6 You do not remedy the breach within 10 Business Days of written notice from us; or
9.2.7 The breach is incapable of being remedied; or
9.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.

9.3 Effect of Suspension
9.3.1 During any Suspension Period
a) You must not use the Facility under this Membership Agreement;
b) You will not pay the Membership Fees for the Suspension Period; and
c) You will pay the Suspension Fees for the Suspension Period.
9.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.
9.3.3 If your Membership Type is Paid in Full – your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.
9.3.4 If your membership type is Direct Debit – your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.

10. Termination of your membership
10.1 Termination by you

You may terminate Membership Agreements:
10.1.1 If your Membership Type is Direct Debit – at any time prior to the end of the Direct Debit Minimum Term by paying and Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;
10.1.2 If your Membership Type is Direct Debit – at any time after the end of the Direct Debit Minimum Term by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception.;
10.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;
10.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot exercise for a period of at least 3 months; or
10.1.5  Otherwise with our agreement in writing, which we may provide in our absolute discretion.

10.2 Termination by us

We may terminate Membership Agreement giving your written notice:
10.2.1 If you fail to pay the Fees (or any instalment of Fees) when due.
10.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;
10.2.3 If you breach any term of this Membership Agreement, and either;
10.2.4 If you do not remedy the breach within 10 Business Days on written notice from us, or;
10.2.5 The breach is incapable of being remedied, or;
10.2.6 If the Facility is unavailable or unfit for use.

10.3 Effect of termination
If this Membership Agreement is terminated:
10.3.1 By you under clause 10.1.1 – this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:
a) all Fees that would be payable for the remainder of the Direct Debit Minimum Term; and
b) the Early Exit Fee
10.3.2 By you under clause 10.1.2 – this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;
10.3.3 By you under clause 10.1.3 or 10.1.4 – this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;
10.3.4 By you under clause 10.1.5 – this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;
10.3.5 By us under clause 10.2.1, 10.2.2 or 10.2.3 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.
10.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance of clause 10.1.4 or 10.1.5. If your Membership Type is not Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;
10.3.7 By us under clause 10.2.4 – this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund to you any Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.

10.4 Liability
By signing this Membership Agreement, you:
10.4.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
10.4.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
10.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
10.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and/or participation in any of our activities.
10.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.

11. Disputes and complaints
11.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
11.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
 
12. Privacy
12.1 We will have access to personal information about you, such as your name and address.
12.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
12.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.

13. Notices
13.1 Your contact details
13.1.1 Your contact details are set out in the Membership Form under Membership Details.
13.1.2 You must give us written notice of any changes to your contact details.
13.1,3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Membership Agreement.

13.2  Notices from you to us
13.2.1 You may serve notices on use under this Membership Agreement by any of the following methods:
13.2.2 By hand delivery to the Facility; or
13.2.3 By email to info@cockburnarc.com.au;  

13.3 . Notices from us to you
13.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Membership Details (or to any email address you have notified us of in accordance with clause 13.1.2); and
d) By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 13.1.2).

14. Miscellaneous
14.1 Governing Law
14.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.

14.2 Lockers
14.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of a locker at the Facility as part of your membership.
14.2.2 he locker is only available for temporary storage of personal items whilst you make use of the Facility or participate in a program.
14.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those belongings are stored in a secured locker or not.
 
15. Membership Identification
15.1 A photo is required at the time of joining to verify the identity of the membership holder.
15.2 We reserve the right to refuse entry to the centre in the case you refuse to have your photo taken.
 
16. Swim School
16.1 Suspensions
16.1.1 Members can suspend membership free of charge outside of the forty-eight (48) week teaching period. Access to the facility can be suspended during non-teaching periods with 14 days written notice. Suspension will not be granted during any other periods of time throughout the year.
16.1.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.

16.2 Swim School Cancellation
16.2.1 Twenty-eight (28) days written notice is required for all swim school membership cancellations.

16.3 Public Holiday
16.3.1 School will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.

16.4 Inclusions/Exclusions
16.4.1 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member under the age of twelve (12) years in addition to one adult swim sixteen (16) years above. NOTE: Adult swim is only valid when the enrolled swim school member is present.
16.4.2 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member aged twelve (12) years to seventeen (17) years with one (1) spectator entry. Note: Spectator entry is only valid when the enrolled swim school member is present.
16.4.3 Swim School membership fees include one swimming lesson per week, plus unlimited pool entry for one (1) swim school member eighteen (18) and above with no additional inclusions.
16.4.4 Swim School membership is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings and birthday parties are subject to all endorsed fees & charges.
16.4.5 Waterslide entry is not covered by a swim school membership
16.4.6 Makeup lessons will not be offered at any time.

17. Service Disruption
17.1 In the event of an unforeseen facility closure or disruption to service without prior written notification a lesson credit will be placed on member accounts at no further cost to members. This will only be offered if an alternative water body within the facility cannot be utilised.

​18. Visit Passes
18.1 Customers are required to purchase an access card at the time of their initial purchase. A replacement card fee applies if the card becomes lost or damaged;
18.2 Multi visit passes are non-refundable;
18.3 Multi visit passes expire 12 months from the date of activation;
18.4 Parents accompanying children to the facility will be required to pay the appropriate swim or spectator entry fee;
18.5 Patrons are required to comply with the Leisure Centres’ Conditions of Entry, including Watch around Water and Crèche Conditions of Use

 
 
Swim ARCademy Membership as of 11 June 2018
1. OverviewIn this Swim ARCademy Enrolment Agreement
1.1“You” means you, the responsible person, as specified on the Swim ARCademy Enrolment form;
1.2 “Family” refers to all students enrolled under you, the responsible person; and
1.3“Us” or “we” means Cockburn Aquatic and Recreation Centre Facility.
1.4 We operate the Facility.        
1.5 This Swim ARCademy Enrolment Agreement sets out the terms and conditions of your enrolment at the Facility.
1.6 This Swim ARCademy Enrolment Agreement includes the Swim ARCademy Enrolment Details, the Conditions of Entry, and these Swim ARCademy Enrolment Terms and Conditions, as varied in accordance with this Swim ARCademy Enrolment Agreement.

2.Your Swim ARCademy Enrolment
2.1 Your enrolment includes one designated lesson per week for the student, as specified on the Swim ARCademy enrolment form, and is ongoing for 48 weeks per year.
2.2 During your enrolment you may access the following areas outside of your designated lesson times: the Learn to Swim Pool; the Leisure pool; 25m Pool; and 50m Pool as per clause 2.4.
2.3 Outside of lesson times, students enrolled in Parent and Child lessons may access the Warm Water pool during designated ‘Waterbubs’ sessions.
2.4 Outside of your designated lesson time, access to areas included in your enrolment is subject to availability and pool bookings.
2.5 Your Swim ARCademy Enrolment at the Facility under this agreement:
2.5.1 Is subject to the terms and conditions of this Swim ARCademy Enrolment Agreement;
2.5.2 Is subject to any limitations and exclusions applicable to your Swim ARCademy Enrolment; and
2.5.3 Does not entitle you to any access or use of the Facility other than in accordance with clause 2.2.
2.5.4 Is not transferrable to another person.
2.5.5 Cannot be shared with another person.
2.6 Students will be required to enrol for a minimum of four (4) lessons before a cancellation will be processed.
2.7 Should the Swim ARCademy team be unable to provide customers with their preferred choice of class time, instructor, day, or any combination of the afore mentioned; and other classes of the appropriate level are available on the timetable, no refunds or credits will be provided if you elect to not uptake the offer of a place in an available class.

2.8 Facility Rules
You, all students enrolled under your account and all accompanying spectators must;
2.8.1 Comply with the Facility Rules at all times;
2.8.2 Comply with instructions given by our staff in relation to the Facility;
2.8.3 Not interfere with the use of the Facility by any other party (including any Facility students and hirers of equipment or areas in the Facility); and
2.8.4 Not behave in a way which is inappropriate, hazardous or detrimental to the safe enjoyment of the Facility by others.

2.9 Access
2.9.1As per allowances stipulated in clause 4, multiple spectators must present at reception together at the time the Swim ARCademy student scans at the access gates prior to lessons. Spectators arriving separately of the student to observe the lesson will be charged the standard spectator fee.
2.9.2 Although spectator allowances can be utilised to cover the entry of persons under sixteen (16) years, spectators under sixteen (16) years are not permitted within the Wellness Lounge at any time. The Wellness Lounge is a sixteen (16) years and above area at all times for children not scheduled in classes or approved programs designated to this area.
2.9.3 Only one (1) guardian card can be allocated per Swim ARCademy family and any guardian entries with this card will count towards your spectator allowances at stated in clause 4.1. Additional guardian cards will not be provided.
2.9.4 Only one (1) student card can be allocated per enrolled student.
2.9.5 Student cards cannot be shared with another person, friend or family member. If you breach this term you will be notified by us and be debited by our billing provider (Links Pay) an initial unauthorised entry fee of $50. Subsequent breaches will incur a $100 unauthorised entry fee and your enrolment may be cancelled.
2.9.6 Swim ARCademy students participating in Parent and Child lessons for students between four (4) months to thirty six (36) months are required to have one adult in the water with them at all times.
2.9.7 Swim ARCademy students not yet toilet trained are required to wear an Aqua Nappy whilst swimming in the facility at all times. Failure to do so may result in the removal of students from the facility until they are able to comply with this requirement. Credits or refunds will not be provided for failing to comply with this obligation.
2.9.8 In addition to our rights under clause 2.7, we may deny you access to the Facility or direct you to leave the facility if we decide that your behaviour;
a) Is inconsistent with the Facility Rules;
b) Is inappropriate, hazardous or detrimental to the safe enjoyment of the Facility by yourself or others.
2.9.9 We may exercise our rights under clause 2.8 and this will not entitle you to a refund of any Fees or grant you any right to terminate this Swim ARCademy Enrolment Agreement.

3. Watch Around Water
3.1 Students eleven (11) years and under entering the Aquatic Facility must be actively supervised by an adult or person sixteen (16) years and above at all times.
3.2 Students six (6) years and under must be accompanied in the water and within arm’s reach by an adult or person sixteen (16) years and above at all times.
3.3 Swim ARCademy students are subject to Watch Around Water Protocols at all times. Failure to comply may result in the termination of your Swim ARCademy Enrolment
3.4 Credits and refunds will not be provided due to failure to comply with the facility’s Watch Around Water requirements.

4. Inclusions/Exclusions
4.1 Swim ARCademy students will be granted two (2) spectator entries during designated lesson times in line with clauses 4.5 and 4.6. Outside of lesson times please refer to clauses 4.2, 4.3 and 4.4.
4.2 Swim ARCademy Enrolments for students under the age of twelve (12) years include the following: one (1) swimming lesson per week; plus unlimited pool entry for the enrolled Swim ARCademy student under the age of twelve (12) years; and one adult swim sixteen (16) years and above outside of lesson times.
4.2.1 Adult swim is only valid when the enrolled Swim ARCademy student is present and not participating in their weekly lesson.
4.3 Swim ARCademy Enrolment for students twelve (12) to seventeen (17) years include the following: one (1) swimming lesson per week; unlimited pool entry for one (1) Swim ARCademy student aged twelve (12) years to seventeen (17) years; and one (1) spectator entry outside of lesson times.
4.3.1 Spectator entry is only valid when the enrolled Swim ARCademy student is present.
4.4 Swim ARCademy Enrolments for students eighteen (18) years and above include one swimming lesson per week, plus unlimited pool entry for one (1) Swim ARCademy student eighteen (18) and above outside of lesson times, with no additional inclusions.
4.5 The adult involved in Parent and Child lessons four (4) months to thirty six (36) months is not considered a spectator therefore two (2) spectators sixteen (16) years and above will be given access into the facility to observe the lesson.
4.6 Swim ARCademy Enrolment is not valid with any external program or service including but not limited to: Education Department Swimming, Vacation Swimming, Swimming Squads or Clubs. Pool bookings, birthday parties and external programs or services are subject to all endorsed fees & charges.
4.7 Waterslide entry is not included within a Swim ARCademy Enrolment.
4.8 Makeup lessons will not be offered at any time.
4.9 Lockers are not included in our Swim ARCademy enrolment and standard locker hire fees will apply if you wish to hire a locker during any visit to the facility.

5. Payments, Debits and Payment Methods
5.1 Students will be required to pay one (1) direct debit period in advance, equalling two (2) lessons. In the event that Swim ARCademy Enrolment occurs between direct debit payments, a pro-rata payment of one (1) lesson will be charged.
5.2 Direct debit payment for Fees is managed by us. We will debit your nominated bank account or credit card throughout the time you are enrolled with us, as varied in accordance with clauses 7 and 8 in accordance with the Direct Debit Request Service Agreement. This agreement is available to you on our website.
5.3 If the due date for payment of any Swim ARCademy Enrolment falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.
5.4 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details. Written notice of these changes must be received by us before close of business on the Tuesday prior to your next scheduled payment date, to ensure that we continue to receive payment of your Fees.
5.5 Where the change of details notification date stipulated in clause 5.4 falls on a public holiday, all notifications relating to changes to your payment details must be lodged by close of business on Friday of the previous week.
5.6 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.
5.7 We are under no obligation to refund money you have paid to us, expect as expressly set out in this Swim ARCademy Enrolment Agreement.

6. Dishonoured payments
If your Payment Method fails for any reason:
6.1 We will notify you by SMS and/or email when a payment has dishonoured.
6.2 You will be charged a $15.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.
6.3 You must pay us, on demand, all resulting fees and charges. This can be done by attending reception or via our online member portal; and
6.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.

7. GST
7.1 Your fees are inclusive of goods and services tax (GST).
7.2 If the rate at which GST is calculated changes during the enrolment, your Swim ARCademy Enrolment Fees will be adjusted to account for any change in the rates of calculating GST. You authorise us to change any debit from your Payment Method to account for the change in the rate of calculating GST.

8. Adjustment to Fees
8.1We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.
You
8.2 Must pay any adjusted Fees from the date the adjustment takes effect; and
8.3 Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 8.1.
8.4 An increase of your Fees under clause 8.1 will not constitute a change with an adverse effect for the purpose of clause 15.3.

9. Cooling Off Period
9.1 The cooling off period for Swim ARCademy Enrolments is 48 hours from when agreement is signed.
9.2 You may terminate this Swim ARCademy Enrolment Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 17.2.
9.3 If you terminate this Swim ARCademy Enrolment Agreement during the Cooling Off Period under clause 4.1:
9.3.1 This Swim ARCademy Enrolment agreement will be terminated on the date your written notice is received by us; and
9.3.2 We will refund you all Fees you have paid to us under this Swim ARCademy Enrolment Agreement.
9.4 If you do not terminate this Swim ARCademy Enrolment Agreement during the Cooling Off Period under clause 9.1, this Swim ARCademy Enrolment Agreement will continue in accordance with clause 2.1.
10. Public Holiday and Non-Teaching Periods
10.1Swim ARCademy will continue to operate during national and state recognised public holiday periods with the following exceptions: Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day.
10.2The dates of all non-teaching periods will be available to all customers on our website.

11. Suspensions
11.1 Outside of the forty-eight (48) week teaching period, all Swim ARCademy Enrolments will be suspended.  Access to the facility will also be suspended under this Swim ARCademy Enrolment during non-teaching periods. Users may pay standard fees to access the facilities during non-teaching periods. Suspension will not be granted during any other periods of time throughout the year.
11.2 Suspension due to illness/injury will be considered at management’s discretion upon receipt of a medical certificate for more than two (2) lessons. Suspension lasting longer than seven (7) lessons will result in cancellation. Retrospective suspension will not be considered after a sixty (60) day period.

12. Medical/Ambulatory Assistance
12.1 You authorise us to obtain medical/ambulance assistance for you and/or any enrolled student in the event of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.

13. Cancellations
13,1 If you are intending to cancel your enrolment with us, you must lodge your written cancellation request by close of business on the Tuesday prior to the end of the current direct debit period. Cancellations lodged by this time will not incur any further direct debits. All cancellations must be made via our online Swim ARCademy cancellation form or through our cancellation form available at reception.
13,2 All cancellations lodged after clause 13.1 will be responsible for all costs on the new direct debit period. Each direct debit period consists of two (2) lesson payments per student. The direct debit period can be located on your website.
13.3 Where the cancellation lodgement date stipulated in clause 13.1 falls on a public holiday, all cancellations must be lodged by close of business on Friday of the previous week.
13.4 No refunds or credits will be provided for lessons paid in advance. Once you have selected your final lesson date and the cancellation has been processed no further changes can be made to this Swim ARCademy Enrolment.
13.5 You may cancel your enrolment if we breach a material term of this Swim ARCademy Enrolment Agreement and do not remedy the breach within 20 Business Days after written notice from you.

14. Termination by us
We may terminate your Swim ARCademy Enrolment Agreement by giving you written notice:
14.1 If you fail to pay the Fees (or any instalment of Fees) when due;
14.2 If we decide that you or any enrolled student has behaved in a way which is inappropriate hazardous or detrimental to the safe enjoyment of the Facility by yourself or others;
14.3 If you breach any term of this Swim ARCademy Enrolment Agreement, and either;
14.4 You do not remedy the breach within 10 Business Days on written notice from us, or;
14.5 The breach is incapable of being remedied, or;
14.6 If the Facility is unavailable or unfit for use.

15. Changes to your Swim ARCademy Enrolment Agreement
15.1 We may amend the terms of this Swim ARCademy Enrolment Agreement from time to time, including any or all of:
a) the Swim ARCademy Enrolment Terms and Conditions; and/or
b)the Facility Rules.
15.2 We will give at least 10 Business Days’ notice of any changes to this Swim ARCademy Enrolment Agreement and the date they are to take effect.
15.3 If we change this Swim ARCademy Enrolment Agreement under clause 15.1 and 15.2 and you are adversely affected by the change, you may terminate your enrolment by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Swim ARCademy Enrolment Agreement under clause 15.3, the Swim ARCademy Enrolment Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.
15.4 If you terminate this Swim ARCademy Enrolment Agreement under clause 15.3;
a) you must pay us all outstanding Fees for the period up to and including the date of termination;
b) we will not refund you any other Fees paid for the period up to and including the date of termination.
15.5 If you do not seek to terminate your Swim ARCademy Enrolment in accordance with clause 15.3 you will be deemed to have accepted any change we have made to this Swim ARCademy Enrolment Agreement.

16. Changes to Facilities and Program
16.1 We may change all or part of the Facility at any time, including:
a) Adding, removing or replacing equipment
b) Change the name of the Facility; and
c) Temporarily or permanently closing parts of the Facility (including the circumstances described in clauses 16.3 and 16.4).
16.2 Any change to the Facility as described in clauses 16.1(a), 16.1(b) and 16.1(c) and, without limiting clause 18.5, does not constitute a change to this Swim ARCademy Enrolment Agreement and does not entitle you to terminate this Swim ARCademy Enrolment Agreement under clause 15.3.
16.3 The facility reserves the right to amend the curriculum, timetable, pool allocations, class structure and instructors at any time. Notification of changes relating to program offerings, not including instructor availability, will be communicated to students.
16.4 In the event of an unforeseen facility closure or disruption to service without prior written notification, a lesson credit will be placed on student accounts at no further cost to students. This will only be offered if an alternative water body within the facility cannot be utilised.

17. Notices
17.1 Your contact details
17.1.1 Your contact details are set out in the Swim ARCademy Enrolment Form under Swim ARCademy Enrolment Details.
17.1.2 You must give us written notice of any changes to your contact details. 
17.1.3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under this Swim ARCademy Enrolment Agreement.

17.2 Notices from you to us
17.2.1 You may serve notices on us under this Swim ARCademy Enrolment Agreement by any of the following methods:
17.2.2 By hand delivery to the Facility; or
17.2.3 By email to swim@cockburnarc.com.au; 

17.3 Notices from us to you
17.3.1 We may serve notices on you under this Swim ARCademy Enrolment Agreement by any of the following methods:
a) By publishing the notice on our website;
b) By publishing signage in the centre;
c) By email, to the address listed in the Swim ARCademy Enrolment Details (or to any email address you have notified us of in accordance with clause 17.1); and
d) By post or delivery, to the address listed in the Swim ARCademy Enrolment Details (or to any postal or physical address you have notified us of in accordance with clause 17.1).

18. Miscellaneous
18.1 Governing Law
18.1.1 This Swim ARCademy Enrolment Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.

18.2 Liability
By signing this Swim ARCademy Enrolment Agreement, you:
18.2.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
18.2.2 Acknowledge and agree that you enter the Facility and surrounds and/or participate in programs, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.
18.2.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
18.2.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Swim ARCademy Enrolment Agreement and/or participation in any of our activities.
18.2.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is the subject of the claim is caused, or contributed to, by the neglect act of omission by us.

18.3 Disputes and complaints
18.3.1 If a dispute arises concerning this Swim ARCademy Enrolment Agreement or you have any complaints about the Facility or us, please give us written notice of the dispute or complaint.
18.3.2 We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.

18.4 Privacy
18.4.1 We will have access to personal information about you, such as your name and address.
18.4.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.
18.4.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use your image in promotion and other business related materials.

18.5 Emergencies and natural disasters
18.5.1 We may be required to use all or part of the Facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the Facility during these periods.
18.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 17.3.
 

Third Party Service Agreements

Direct Debit Request Service Agreement
This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with IntegraPay and the Business. 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 hereby authorize IntegraPay Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of the “Business” as indicated on the front of this Direct Debit Request (herein referred to as the Business).

I/We acknowledge that IntegraPay is acting as a Direct Debit Agent for the Business and that IntegraPay does not provide any goods or services and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.

I/We acknowledge that IntegraPay and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. IntegraPay and the Business will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

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 the Business.

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 financial 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 on the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial 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 agree that IntegraPay will not be held responsible for any fees and charges that may be charged by your financial institution.

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 by IntegraPay on a day that is not a Banking Business Day
3)A Payment request is received after normal operational hours, being 4pm Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.

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

I/We authorise IntegraPay to vary the amount of the payments upon instructions from the Business. I/We do not require IntegraPay 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 the Business is to provide 14 days’ notice if proposing to vary the terms of the debit arrangements.

I/We acknowledge that variations to the debit arrangement will be directed to the Business.

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

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

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by IntegraPay.

I/We authorise IntegraPay to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that if specified by the Business, a setup, variation, dishonour, SMS or processing fees may apply as instructed by the Business. I/We authorise:
1)The Debit User to verify details of my/our account with my/our financial institution
2)The Financial Institution to release information allowing the Debit User to verify my/our account details.

IntegraPay Pty Ltd
ABN: 63 135 196 397
P.O Box 6290, Upper Mt Gravatt, Queensland 4122
Ph: 07 3040 4320
Fax: 07 3343 8590

Special Offers

ARC Members 2018 Footy Tipping Competition Terms and Conditions

Terms and Conditions for Cockburn ARC members Footy Tipping 2018

  1. Joining the competition is only valid to current paying members of the Cockburn ARC (You can however be on suspension)
  2. Must be over the age of 18
  3. Valid for the following memberships (including concession)
               Foundation Memberships
               Lifestyle Active
               Flexi Active
               Lifestyle Aquatic
               Flexi Aquatic
               FIFO Active
  1. Competition is not open to City of Cockburn staff, including Cockburn ARC staff
  2. Prize winner must be able to prove they are a current member (including on suspension) at time of redemption
  3. Tipping competition begins Round 1, ends Round 23.
  4. Participants cannot pull out of the competition after the conclusion of round one.
  5. The competition software is run by ESPN footytips.com.au. Cockburn ARC is not responsible for any technical outages or software issues that may occur.
  6. If a prize is not available at the time of the draw, a suitable replacement of the same value will be sent to the winner.
  7. Winners will be announced on our website and Facebook on Monday 27th August 2018.
  8. 2nd Prize – Will be applied at the next Direct Debit following the completion of Round 23.
  9. 3rd Prize must be redeemed by 31st December 2018.
  10. Automatic processing of results, rankings and winners following each round.
  11. Tips for each game can be entered or edited at any time prior to the nominated game commencement time as published on the site.
  12. A weekly ‘margin’ feature will rank tippers who have identical scores.
  13. Reminder emails will be sent to forgetful tippers.
  14. Results sent via email to tippers after each round.
  15. Each Tipper must register on www.footytips.com.au and obtain the password specific to their competition, they must then join the Cockburn ARC Members Competition to be eligible for prizes.
  16. Under no circumstances will tips be accepted after a game has commenced.
  17. If tippers do not enter tips for a game, round or join after the season has commenced they will be allocated the default score – the away teams total tally for that round. Refer to thwebsite for further details.
  18. Tippers will be firstly ranked by their weekly score, where the highest score is the highest rank.
  19. Weekly winners will be determined by the user’s weekly score for the round, then by a tippers ‘Round Margin’ and then by their ‘Total Margin’. These are explained on www.
  20. End of season winners will be determined by total score, and then by their ‘Total Margin’ (and in an event of a tie the Round Margin for that round).
  21. Late starters are permitted to enter and begin with a default score. A Second Direct Debit will be carried out to accommodate this.
  22. Further terms and conditions are available from www.footytips.com.au
 
Noah's ARC Selfie Competition Terms and Conditions
NOAH’s ARK Day is an annual event where the team dress up as animals and celebrate our members with some novelty games and offerings. 

This year we would like to invite you to participate in a competition with some prizes for members and non-members alike.
  1. To enter, simply upload a selfie/photo to Cockburn ARC’s Official Instagram or Facebook Account of you and your friends with our animal statues and hashtag #CockburnARC #NoahsARC and make sure to tag @cockburnarc to the photo
  2. The competition will close at 4pm August 31st 2018  
  3. Winners will be decided upon by the judges at 5pm on August 31st 2018 and contacted via the social media platform they uploaded the image to.
  4. Prizes: First place prize will be a choice between a.) 1x Family Day Pass to Perth Zoo OR b.) 1x Month Free Membership to an existing Cockburn ARC Member.
  5. Second place prize will be a choice between a.) Cockburn ARC Centre Day Pass OR b.) 1x Week off Membership to an existing member.
  6. Third place prize will be an ARC Goodie Bag.
  7. No City of Cockburn employee or Elected Member nor members of their direct family are allowed to enter a City of Cockburn run competition
  8. Inform the Cockburn ARC member Services team in case of any queries
  9. Winners by entering the competition automatically agree to have their picture taken and allow the City to use it for promotional purposes on Instagram, Facebook and other media platforms.