Key Aspects of our Swim ARCademy Membership
- A Swim ARCademy membership is $17 per week with membership payments being processed via direct debit fortnightly. You can enrol and commence classes straight away however upfront lesson fees will be charged upon enrolment with all future fees running on a fortnightly direct debit.
- Please keep your payment details up to date, as any unsuccessful payments may incur a $15 rejection fee.
- Swim ARCademy runs continually throughout the year, it’s not a term based program. This means that you don’t have to wait until the end of term to move up a level, we’ll move you up when you’re ready. Nor do you have to wait until a new term to start.
- We do not offer make up lessons, however you can come and swim anytime outside your lesson and practice your skills as a part of your membership. Just visit reception to be checked in.
- Lessons do not run on public holidays therefore you will not be charged if your lesson falls on a public holiday.
Spectators and Supervision
- If you need to take a break, that’s fine. With 7 days notice, your place in the class can held for Lessons can be held for 2 -6 weeks at a cost of $5 per week. If you have a medical certificate, you can suspend for a minimum of 2 to a maximum of 7 classes.
- A 48 hour cooling off period is applicable. Cancellation within the cooling off period must be submitted in writing by completing the cancellation form on The Cockburn ARC website.
- If you do need to cancel, it must be submitted through the online form by the Tuesday prior to direct debit running.
- We are a Watch Around Water facility which means any child under the age of 12 must be supervised by a parent/guardian over the age of 16 whilst in a lesson.
- If you are enrolling in our infant classes or Wetlanders where an adult is present in the water during a lesson, any additional siblings under the age of 12 who are spectating must be under the supervision by an additional parent/guardian.
- Spectators under the age of 16 years old are not permitted in warm water area.
- Two spectators may attend each class, however they must arrive together with the student to avoid spectator fees.
Full terms and conditions
In 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.
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.
2.9.1 As 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.
4.1 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.
7.1 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.
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
10.1 Swim ARCademy will not operate during national and state recognised public holiday periods. This includes Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Sunday, Anzac Day, which all fall within the non-teaching periods.
10.2 The dates of all non-teaching periods will be available to all customers on our website and communicated to parents prior.
11. Suspensions during Non-Teaching Periods
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. Take a Break application
12.1 During the forty-eight (48) teaching period, a customer may request to take a break from swimming lessons. During a take a break period, access to the facility will be suspended. Users may pay standard fees to access the facilities during the take a break period.
12.2 A take a break application is not a suspension, as a class holding fee of $5 per week / per enrolment applies to secure the enrolled members position in the Swim ARCademy program.
12.3 The following conditions apply to take a break
12.3.1 A class holding fee of $5 per week / per enrolment is payable, automatically added to your direct debit to secure the enrolled members position.
12.3.2 Take a break is available for a minimum of two weeks per request, to a maximum of six weeks
12.3.3 The membership debits and enrolment will resume after the specified take a break dates have ceased.
12.3.4 Take a break is not accepted if there is an outstanding balance due
12.3.5 Access to the facility will also be suspended during this time (for the Direct Debit period) casual entry fees will apply
12.3.6 Take a Break requests are not required to be submitted during Swim ARCademy designated suspension periods during Non-Teaching Periods.
13. Medical/Ambulatory Assistance
13.1 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.
14.1 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.
14.2 All cancellations lodged after clause 14.1 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.
14.3 Where the cancellation lodgement date stipulated in clause 14.1 falls on a public holiday, all cancellations must be lodged by close of business on Friday of the previous week.
14.4 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.
14.5 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.
15. Termination by us
We may terminate your Swim ARCademy Enrolment Agreement by giving you written notice:
15.1 If you fail to pay the Fees (or any instalment of Fees) when due;
15.2 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;
15.3 If you breach any term of this Swim ARCademy Enrolment Agreement, and either;
15.4 You do not remedy the breach within 10 Business Days on written notice from us, or;
15.5 The breach is incapable of being remedied, or;
15.6 If the Facility is unavailable or unfit for use.
16. Changes to your Swim ARCademy Enrolment Agreement
16.1 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.
16.2 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.
16.3If we change this Swim ARCademy Enrolment Agreement under clause 16.1 and 16.2 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 16.3, 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.
16.4 If you terminate this Swim ARCademy Enrolment Agreement under clause 16.3;
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.
16.5 If you do not seek to terminate your Swim ARCademy Enrolment in accordance with clause 16.3 you will be deemed to have accepted any change we have made to this Swim ARCademy Enrolment Agreement.
17. Changes to Facilities and Program
17.1 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 17.3 and 17.4).
17.2 Any change to the Facility as described in clauses 17.1(a), 17.1(b) and 17.1(c) and, without limiting clause 19.5, 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 16.3.
17.3 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.
17.4 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.
18.1 Your contact details
18.1.1 Your contact details are set out in the Swim ARCademy Enrolment Form under Swim ARCademy Enrolment Details.
18.1.2 You must give us written notice of any changes to your contact details.
18.1.3 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.
18.2 Notices from you to us
18.2.1You may serve notices on us under this Swim ARCademy Enrolment Agreement by any of the following methods:
18.2.2 By hand delivery to the Facility; or
18.2.3 By email to email@example.com;
18.3 Notices from us to you
18.3.1 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 18.1); 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 18.1).
19.1 Governing Law
19.1.1 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.
By signing this Swim ARCademy Enrolment Agreement, you:
19.2.1 Are declaring that you are medically and physically able to participate in physical activity, and understand and accept the inherent risks of undertaking exercise.
19.2.2 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.
19.2.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.
19.2.4 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.
19.2.5 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.
19.3 Disputes and complaints
19.3.1 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.
19.3.2We will contact you as soon as possible to discuss and endeavour to resolve the dispute or your complaint.
19.4.1 We will have access to personal information about you, such as your name and address.
19.4.3 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.
19.5 Emergencies and natural disasters
19.5.1 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.
19.5.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 18.3.