hero

Terms & Conditions

Using the Pools

 Hygiene


If you have been unwell for the past two weeks please refrain from using our pools until the symptoms have passed.

Personal and pool hygiene are vital to the safe operation of our facilities. Please take note of the hygiene guidance on signs around our site.

Food and drink


You're welcome to bring home-made food to eat in the outside areas/picnic areas only.

Please - no commercial food in any of our facilities.

Waterworld's LK Cafe server a range of food available to customers.

Supervision


The role of our staff is to deliver our services and manage the use of our pools themselves, our lifeguards are there for emergencies - but we need parents and caregivers help to manage and ensure the safety of the children they're accompanying.

Caregivers must be 16 years or older.

Children under 14 years old

  • must be accompanied by a parent or caregiver at all times.

Children under 8 years old

  • Must be actively supervised by a parent or caregiver at all times.
  • "Actively supervised" means being close to the child, watching them and be able to give immediate assistance.

Children under 5 years old

  • Must be accompanied in the water by a parent or caregiver.
  • be within arms reach at all times anywhere in our facility.

Please ensure all children are toileted before using our pools. 

Swimwear


The safety and comfort of swimmers using our pools is a primary concern for Hamilton Pools. We reserve the right to use discretion should there be any confusion or concern relating to what is appropriate swimwear.

Acceptable Swimwear

  • Swimwear
  • Rash shirts
  • Swim shorts
  • Full body suits

Not Permitted

  • Underwear of any kind
  • Gang patches or insignia 
  • Offensive Tattoos
  • Caps, hats or beanies
  • Cotton clothing of any kind

Cotton and similar fabrics hold detergents, germs and bacteria even after rigorous washing. This can cause swimmers to fall ill or get skin, ear, throat or nose infections. Because cotton can hold a lot of water it becomes unsafe to wear and it's weight can cause underwater entrapment. The breakdown of cotton fibres and the release of dyes in the material also causes more maintenance to the pool filters and upsets the pool water balance.

Children under the age of two are required to use a swim nappy which can be purchased from reception.

Learn to Swim

Learn to Swim Terms and Conditions

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

 

 

Using the Gym

TERMS AND CONDITIONS

  • General
    • In these terms and conditions, 'you' means the person named in the membership application form and 'we', 'us' or 'our' means Hamilton City Council.
  • Facilities
    • We agree to make the facilities identified in your membership application form available to you on the following terms and conditions.
  • Our services
    • We provide you with access to facilities and services in line with your chosen membership, but certain constraints apply:
    • Facilities are available during opening hours on a first-come-first-served basis, subject to any applicable charges for special services or classes and to booking requirements.
    • Particular equipment or classes may not always be available or may be periodic or seasonal. We reserve the right to restrict or change equipment or services at any time.
    • We may at any point restrict access to certain facilities or activities for health and safety reasons.
  • Membership terms
    • Membership may be either:
      • No Contract - your membership will continue until we or you end it in accordance with these terms. You must pay your membership fees in advance by direct debit, at the frequency set out in your membership application form; or
      • 12-Month Contract - your membership will continue for a fixed term, as specified in your membership application form. At the end of the fixed term your membership will continue to roll-over on a non-contracted basis. Membership fees must be paid in advance by cash, EFTPOS or credit card.
  • Membership types and access
    • The Premium Fit membership is a full access membership allowing the Member to use all pools (when available), access to group fitness and aqua classes and full access to Waitai Gym and Gallagher Aquatic Centre.
    • The Total Fit, Gold Fit 65+, Corporate Fit and Youth Fit are limited access memberships allowing the Member to use all pools (except the hydrotherapy pool), access to group fitness and aqua classes and full access to Waitai Gym and Gallagher Aquatic Centre.
    • Swim Fit is a limited access membership allowing the Member to use all pools (excluding the hydrotherapy pool) at both Waterworld and Gallagher Aquatic Centre and access to aqua classes.
    • Gallagher Aquatic Centre Fit is a limited access membership allowing the Member to use all pools and aqua classes at Gallagher Aquatic Centre only.
    • A band may be issued to identify membership type and must be worn by the Member when using Hamilton Pools.
  • Membership commencement
    • Your membership will commence on the first payment of the fees (or any other agreed start-date) and or until cancelled or terminated under these terms and conditions (for no contracts). - once the 12-month contract is up it continues to roll over.
  • Membership cancellation
    • The Member is required to cancel their membership in writing, with 14 days' notice by visiting the facility or contacting hamiltonpools@hcc.govt.nz.
    • All 12-month contract memberships cancelled during term will incur a cancellation fee of $170 or 25% of what remains owing on the contract, whichever is lesser.
    • You may cancel without penalty for reason of diagnosed illness preventing your use of the facilities. You will be required to provide us with a medical certificate.
  • Fees and payments
    • You must pay all applicable fees, charges and expenses and GST as applicable, for the term of your membership. All payments are to be made direct to Hamilton Pools nominated agent to ensure proper crediting.
    • You authorize any person or company to provide Hamilton Pools with such information they may require in response to credit and/or employment enquiries.
    • Membership entitles the Member to use the facilities of Hamilton Pools (when available); it is not based on the actual usage of the facilities.
    • Failure to use the facilities does not absolve the member from the responsibilities under this agreement or entitle the member to a refund, discount, or extension of term. 8.5. Your membership does not cover food, drinks, special classes, or the services of a personal trainer.
  • Changes to fees
    • If we decide to change our fees, we will give you 30 days prior notice (either by post, email or publication at the Hamilton pools, or on our website).
    • If you are not happy with the change in fees, you may cancel your membership before the change in fees takes effect in line with clause 7 of these terms and conditions. If you terminate your membership under this clause, we will not charge you a cancellation fee.
  • Direct debits
    • Direct debits may be administered by us or by a third party appointed by us. We will provide you with a form to complete when you sign up. The direct debit facility will be used for payment of all fees and amounts owed by you as they become due.
    • If a direct debit cannot be processed (e.g. because of insufficient funds or changes to your bank account), we or our agent, may charge an administration fee.
    • If you cancel the direct debit facility, or a direct debit cannot be processed for two successive payment dates, we may terminate your membership by providing you with written notice of termination.
    • After one missed payment we may suspend your membership until a payment plan is in place. To rejoin as a member or end any suspension due to non-payment of fees, you must pay all amounts owing plus any applicable joining or administration fees.
    • You are required to submit the completed direct debit forms and any associated forms before the commencement date of your membership.
    • If your payment date falls on a public holiday, the payment may be taken out of your account on the next working day.
  • Membership contact information and privacy
    • You must provide us with correct contact information and keep that information up to date at all times (name, phone number(s), postal address, email address, emergency contact numbers).
    • All personal information that we collect about you will be held by us in accordance with our privacy policy.
    • We will only use that information for purposes required for the operation of the Hamilton Pools and Gym Facilities, including administration of your account, emergency situations and for marketing purposes. We will take all reasonable precautions to protect your privacy. You have the right to access and request correction of any personal information we hold about you at any time.
  • Membership suspension
    • You may place your membership on hold once within a 12-month period without a fee for a minimum period of 3 weeks and up to a maximum period of 8 weeks. A longer suspension will be considered by Hamilton Pools management if the member provides a doctor's medical certificate. The Member is required to suspend their membership in writing, with 7 days' notice by visiting the facility or contacting hamiltonpools@hcc.govt.nz
  • Gym conduct
    • You agree to abide by the Gym rules of conduct at all times as displayed on-site, our website or instructed by our staff, and:
    • only use the equipment and facilities in a safe and sensible manner (including wearing appropriate footwear etc;
    • be courteous, considerate, and respectful of our staff, other members and members of the public using the facilities. Unlawful, disruptive, dangerous or offensive actions will not be tolerated;
    • maintain appropriate standards of dress and hygiene;
    • not engage in any unauthorised commercial activity;
    • not carry out any illegal acts on the premises; and
    • comply with all our health and safety requirements, including any instructions or directions given to you by our staff.
    • Hamilton Pools may update the Gym conduct from time to time by publishing new Rules that will be displayed in the gym or be made available to you.
    • We reserve the right to require you to leave the premises immediately if you carry out any activity which we considered to be dangerous, offensive or in breach of any health and safety requirement (whether documented or not).
  • Medical conditions
    • You must ensure you are fit and healthy enough to undertake your chosen activities and get your doctor's prior approval if you are pregnant or you suffer at any time from any medical condition (including any heart condition or injury).
    • You must inform Hamilton Pools if you suffer from any serious medical issues and may have to consult with your doctor to continue the use of our Facilities. You understand that Hamilton Pools staff and trainers cannot provide medical advice to you or anyone else. We may require you to undergo a fitness consultation or induction.
  • Health and safety
    • You understand that accidental/personal injury is covered by accident compensation law (ACC) in New Zealand.
    • You must comply with all health and safety directives from Hamilton Pools and comply with any requirements of the Health and Safety at Work Act 2015. The Member must immediately notify Hamilton Pools Staff of any near misses or accidents.
    • From time to time the areas of Hamilton Pools with exercise equipment are unsupervised by Waitai Gym staff. The Member can borrow a personal safety device from reception. Failure to return the personal safety device will incur a $100 replacement fee.
  • Transfers
    • You cannot transfer your membership to anyone else.
  • Facility access and membership cards
    • The Member will be issued a membership card, which must be swiped and presented for entry to the facilities. Access to the facilities may be denied if the Member fails to present the membership card or proof of identity. There is a fee of $5 if the membership card needs replacing or re-issuing.
    • If the member wishes to attend any group fitness or aqua classes, they must register their name and phone number on the bookings sheet at reception. Numbers for classes are restricted for safety reasons.
    • Your membership access card is for your personal use only.
    • We reserve the right to terminate your membership if your membership card is used by someone else or if you gain access to the facility without using your card. You must tell us immediately if you lose or damage your card. You will be charged a replacement fee for any replacement card provided.
  • Hamilton Pools facility closure
    • In the event of a full Hamilton Pools facility closure, all memberships will be placed on hold on the day of closure and be automatically restarted when the facility reopens.
    • Should the Member need their membership to remain on hold, they will need to fill out a membership suspension form.
  • Corporate membership
    • The Corporate membership provides a discount to a business or organization for a minimum of 4 employees becoming members at the same time. The organization must maintain the minimum of 4 employees for the discount to apply for all subsequent Members from their organization.
  • Health professionals and support staff
    • Physiotherapists, Health Professionals and other support staff may be asked to wear identification and ensure both themselves and their clients are dressed according to our Gym Code. The use of their services is between you and them (including payment terms). We are not liable or responsible for their activities.
    • All independent Physiotherapists, Health Professionals and other support staff must have written permission from the Hamilton Pools to conduct business in and around the facilities.
  • Minimum age
    • For Health and Safety reasons, the minimum age for standard gym membership is 18 years old.
    • Age restrictions may apply to some equipment and group classes.
    • All applicants aged 14 to 17 must sign up to a youth membership with a parent or guardian and the membership form and direct debit consent form must be signed by a parent or guardian. All members on a youth membership must be accompanied by a Member aged 18 years or older.
  • Supervision of children
    • Hamilton Pools has a strict Child Supervision Policy. Children under the age of 14 are not permitted in gym areas (including upstairs in the gym waiting area and office).
  • Breach and termination of agreement
    • You agree to abide by all the terms and conditions of this Agreement.
    • You understand and accept that Hamilton City Council Hamilton Pools Staff (Hamilton Pools) may require you to immediately leave the Hamilton Pools Facility as a result of breaching this Agreement.
    • We reserve the right to terminate your membership immediately if your materially breach, serious or repeated breaches of this Agreement, dangerous and/or antisocial behavior may result in cancellation of membership and/or trespass from the Facility. You will not be entitled to a refund in the case of a termination.
    • In the event your membership is terminated due to non-payment of fees, your account may be sent to a debt collection agency for recovery. Any recovery costs will be added to your outstanding account balance that is payable to the agency.
  • Alcohol, smoking and vaping
    • Alcohol is not permitted at the Facility. The Facility is a smoke-free environment. Smoking and vaping is not permitted.
  • Our liability
    • Hamilton City Council (Council) and subsequently Hamilton Pools is not liable for the loss of or damage to any of the Member's property in or around the Facility. Any equipment/property left at the Facility is at the Member's own risk. The Member will indemnify Council, its employees and agents against all claims, demands, losses, damages, costs and expenses arising from the Member’s use of the Facilities or any breach of this Agreement.
    • To the extent permitted by law and without limiting any of the Member's rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, neither Council nor any of its staff, employees or contractors shall not be liable to the Member for any loss arising under or in connection with this Agreement, whether in contract, tort (including negligence), any loss, damage or physical or mental injury arising out of or in connection with your use of the facilities or otherwise.
  • Your liability
    • You are responsible for any damage you cause to our equipment or the facilities you indemnify us against any loss, damage or injury we suffer or incur from your actions at the facilities.
  • Variations to terms and conditions
    • We may amend or change these terms and conditions from time to time. Any such change will be published on our website. We will notify you of any substantive changes to classes or opening hours by post, email or publication at the Hamilton Pools and our website.
    • If you are not happy with the changes to these terms and conditions, you may cancel your membership in line with clause 7 within 14 days of publication of such change. If you cancel your membership under this clause, we will not charge you a cancellation fee.
  • Assignment
    • We may assign or transfer any of our rights or obligations relation to your membership to a third party at any time.
  • Publicity
    • We may take general photographs or videos of the facilities at any time. If you appear in those photographs or videos, you agree that we may use them for marketing and promotional purposes and that you have no rights or copyright in the material. You release Hamilton City Council, the photographer or filmmaker and each of their licensees and from any and all claims and demands in connection with the material or its future use.
  • Reformer Pilates
    • Waitai Gym offers both instructor led and unstaffed OnDemand Reformer Pilates sessions.
    • An induction with a gym staff member is compulsory before using the Reformer Pilates machines and participating in instructor led or unstaffed OnDemand Reformer Pilates sessions. Induction sessions can be booked at Reception upon signing up or when collecting membership access cards.
    • Members are responsible for ensuring they are physically capable of completing sessions safely and must stop immediately if they experience pain, dizziness, or discomfort.
    • During all sessions, members must follow all posted safety instructions and use Reformer Pilates equipment only as demonstrated in the class content.
    • Grip socks and a personal sweat towel are mandatory and are available for purchase at Reception. These must be worn and used at all times for hygiene, safety, and equipment protection. Failure to comply may result in removal from the session.
    • Wireless Bluetooth headphones are required for all unstaffed OnDemand Reformer Pilates sessions, as audio guidance is essential for safe participation. Members without wireless headphones will not be permitted to participate.
    • Bookings are compulsory for all Reformer Pilates sessions and must be made via the Hamilton Pools online portal. Members without a valid booking will be refused entry until an online booking has been made and confirmed.
    • All members must scan in at Reception prior to their session and collect a wristband. The wristband identifies confirmed bookings and must be worn for the duration of the class.