Terms & Conditions of Entry

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.

Using the Gym

• • Waitai Gym - Terms & 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.  

    • These Terms and Conditions relate to Memberships available at the Waitai Gym, as well as aquatic memberships at Waterworld and Gallagher Aquatic Centre (Facilities).  

     

    FACILITIES  

    • We agree to make the Facilities identified in your Membership available to you on the following terms and conditions (Membership). 

     

    OUR SERVICES  

    • We will provide you with access to Facilities and Services and or Classes in line with your Membership, but certain constraints apply:  

    • Facilities are available during opening hours on a first-come-first-served basis, subject to any applicable charges for Services or Classes and booking requirements.  

    • Equipment, Services and Classes may not always be available or may be periodic or seasonal. We reserve the right to restrict or change Equipment, Services and Classes at any time.  

    • We may at any point restrict access to certain Facilities Equipment, Services and Classes or activities for health and safety reasons.  

     

    MEMBERSHIP TERMS  

    • Memberships are provided on a ‘no term’ basis and will continue until we or you end it in accordance with these Terms and Conditions. You must pay your membership fees in advance by direct debit, at the frequency specified in your Membership. 

     

    MEMBERSHIP TYPES AND ACCESS  

    • Swim Fit is a limited access Membership allowing you to use all pools (excluding the hydrotherapy pool) at both Waterworld and Gallagher Aquatic Centre. This Membership does not include access to aqua classes. 

    • Total Fit is a limited access Membership allowing you to use the pools, access group fitness and aqua classes, and full access to Waitai Gym and Gallagher Aquatic Centre. Access to the Recovery Space (Spa, Steam Room, Sauna and Plunge Pool) (excluding the hydrotherapy pool and reformer Pilates studio/classes). 

    • Premium Fit is a limited access Membership allowing the Member to use all pools, access to the Recovery Space (Spa, Steam Room, Sauna and Plunge Pool), access to group fitness and aqua classes, and full access to Waitai Gym and Gallagher Aquatic Centre (excluding the reformer Pilates studio/classes). 

    • Platinum Fit is a full access membership allowing you to use all pools, access to the Recovery Space (Spa, Steam Room, Sauna and Plunge Pool), access to group fitness, aqua and Reformer Pilates classes/studio, and full access to Waitai Gym and Gallagher Aquatic Centre. 

    • Concessionary discounts are available for students, disabled persons, people aged 65+, and Community Services Card holders. Our staff will provide information to those who are eligible. 

    • For health and safety reasons, the minimum age for Waitai Gym Membership is 16 years old. 

    • If you are under the age of 16 and would like to use Waitai Gym, you will need to enter under a concessionary membership.  Members aged 14–15 are required to have a caregiver present at all times while in the gym. Access to the recovery space is restricted to members aged 16 years and over. 

     

    MEMBERSHIP COMMENCEMENT  

    • Your Membership will commence on the date of receipt of your first payment of the fees (or any other agreed start date) and will continue until cancelled or terminated under these Terms and Conditions. 

     

    MEMBERSHIP CANCELLATION  

    • You can cancel your membership by giving 7 days’ notice and either in writing, by visiting the Facility to complete the cancelation form or emailing  waitaigym@hcc.govt.nz. 

    • You may cancel without penalty for a diagnosed illness that prevents your use of the Facilities. You will be required to provide us with a medical certificate. 

     

    MEMBERSHIP SUSPENSION  

    • You may place your Membership on hold up to three times in any 12‑month period, minimum of 2 weeks and a maximum of four weeks per hold, at no cost, by giving 7 days’ notice and either in writing, by visiting the Facility to complete the suspension form or emailing  waitaigym@hcc.govt.nz. 

    • We will consider longer suspensions where a medical certificate is provided. You can make a request for longer suspensions in writing, by visiting the facility or emailing  waitaigym@hcc.govt.nz.  

     

    FACILITY ACCESS AND MEMBERSHIP CARDS AND SWIPE TAGS  

    • You will be issued a Membership swipe tag, which must be swiped and presented for entry to the Facilities.  

    • Upon issuing a swipe tag, we require you to have your photograph taken for identification purposes. This photograph will be securely stored and used to verify your identity, including in circumstances where your swipe tag is lost, replaced, or used to access the Facilities.  

    • If you choose not to have your photograph taken, you may be required to provide valid proof of identity when requesting a replacement swipe tag or when otherwise necessary to confirm that the person using the Membership is the authorised account holder. 

    • Access to the Facilities may be denied if you fail to present the swipe tag or proof of identity.  

    • Your swipe tag is for your personal use only and must not be used by any other person to access the facility. 

    • You must not allow another person to enter the facility using your swipe tag.  

    • We reserve the right to terminate your Membership if your swipe tag is used by someone else or if you gain access to the Facility without using your swipe tag.  

    • You must tell us immediately if you lose or damage your swipe tag.  

    •  There is a $10 fee if the swipe tag needs to be replaced. 

     

    FEES AND PAYMENTS 

    • You must pay all applicable fees, charges, expenses, and GST, as applicable, for the term of your membership. All payments are to be made directly to our nominated agent to ensure proper crediting. 

    • You authorise any person or company to provide us with such information they may require in response to credit and/or employment enquiries.  

    • Membership entitles the Member to use the Facilities when available. Your Membership is not based on your actual usage of the Facilities. No refunds, discount or an extension of term will be provided for non-use of the Facilities by you.  

    • You are responsible for cancelling or suspending your membership if required. 

     

    CHANGES TO FEES 

    • If we decide to change our fees, we will give you 30 days’ prior notice (either by post, email, publication at the Facilities, 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 under Clause 7 of these Terms and Conditions. If you terminate your Membership under this Clause 11, 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. 

    • You will be required to complete a direct debit authority form upon sign-up. The direct debit will be used to pay all fees and any other amounts owing 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), 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 disable your access until outstanding payments have been made. If applicable, a joining or administration fee may be charged. 

    • 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 (name, phone number(s), postal address, email address, emergency contact numbers). 

    • You are responsible for ensuring that your contact information remains current at all times. To the extent permitted by law, we accept no liability for any loss, liability, or charges incurred as a result of your failure to maintain accurate and up-to-date contact information, including where this results in ongoing membership fees or debt being incurred without your knowledge. 

    • All personal information that we collect about you will be held by us in accordance with our Privacy Policy and our obligations under the Privacy Act 2020.  

    • Any personal information we hold about you will only be used for the purposes required for the operation of the Facilities, including administration of your account, and emergency situations.  

    • You have the right to access and request correction of any personal information we hold about you at any time. 

     

    PUBLICITY  

    • We may take general photographs or video recordings of the Facilities at any time. If you are identifiable in any photographs or recordings, we will inform you and request that you sign a consent form prior to any use of the material. If you do not provide consent, we will not use the relevant image or recording. 

     

    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. 

    • We may update the Gym Conduct Rules from time to time by publishing new Rules that will be displayed in the gym or be made available to you. 

    • Appropriate footwear must be worn in the gym at all times. This requires fully enclosed shoes. Crocs, slides, steel-capped boots and bare feet are not permitted. 

     

    REFORMER PILATES

    • Waitai Gym offers both instructor-led and unstaffed On-Demand Reformer Pilates.  

    • An induction is compulsory before using the Reformer Pilates machines and participating in instructor-led or unstaffed On-Demand Reformer Pilates sessions. Induction sessions can be booked at Reception. 

    • You are responsible for ensuring that you are physically capable of completing sessions safely and should stop immediately if you experience pain, dizziness, or discomfort. 

    • During all sessions, you have a responsibility to follow all posted safety instructions and use equipment only as demonstrated in the class content.  

    • Grip socks are mandatory and are available to purchase at the reception. These must be worn and always used for hygiene, safety, and equipment protection. Failure to comply will result in your removal from the session. 

    • Cordless Bluetooth headphones are required for all unstaffed On-Demand Reformer Pilates sessions, as audio guidance is essential for safe participation. If you do not have cordless headphones, you will be unable to take part in the session. 

    • Bookings are compulsory for all sessions and must be made via our online portal (Envibe).  

     

    RECOVERY SPACE 

    • Premium and Platinum Members have access to the Recovery Space, including the spa, steam room, sauna, and plunge pool. 

    • You must shower before using and when moving between the spa, steam room, sauna, or plunge pool 

    • When using the sauna, you must have a towel to sit on at all times. 

    •  Only water provided by the facility may be used on the sauna stones. No other liquids (including oils) are permitted. 

     

    GROUP FITNESS CLASSES 

    •  Group Fitness Classes are available at both Gallagher Aquatic Centre and Waterworld and include land based and aquatic activities. Members whose memberships include access to these classes may book via the Envibe portal. 

    •  All classes must be booked in advance.  

    • You are responsible for ensuring that you have the equipment required for the class. Equipment requirements will be clearly identified at the time of booking on the Envibe . 

    • You must arrive at least five minutes before the scheduled class time. Late arrival may result in you being denied entry to the class.  

     

    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 suffer at any time from any medical condition (including any heart condition or injury).  

    • You must inform us 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 our 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 or personal injury is covered by accident compensation law (ACC) in New Zealand. You must comply with all health and safety directives made by Us and any requirements of the Health and Safety at Work Act 2015. You must immediately notify our staff of any near misses or accidents. 

    • From time to time the areas of Facilities with exercise equipment are unsupervised by our staff. You can borrow a personal safety device from reception. Failure to return the personal safety device will incur a $100 replacement fee. 

     

    FACILITY CLOSURE  

    • In the event of a full Facility closure (excluding public holidays), all Memberships will be placed on hold on the day of closure and be automatically restarted when the Facility reopens.  

    • Should you need your membership to remain on hold, you will need to fill out a Membership suspension form. 

     

    HEALTH PROFESSIONALS AND SUPPORT STAFF  

    • Physiotherapists, health professionals, and other support staff may be asked to wear identification and ensure both they 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 us to conduct business in and around the Facilities. 

     

    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 the Terms and Conditions. 

    • You understand and accept that we may require you to leave a Facility immediately for breaching these Terms and Conditions and any rules or directions given by our staff. 

    • You understand and agree these Terms and Conditions serve as notice that we will terminate your Membership immediately and trespass you for two years because of: 

    •  dangerous, antisocial, threatening or offensive behaviour,  

    • for the use of alcohol, illicit substances, smoking or vaping  

    • repeated breaches of our rules and/or directions issued by our staff. 

    • 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 and carparks.  

    • The Facility and carparks are a smoke-free environment. Smoking and vaping is not permitted.  

    • Illicit substances are not permitted at our Facilities and carparks. 

     

    OUR LIABILITY  

    • We are not liable for the loss of or damage to your property in or around the Facility. Any equipment or property left at the Facility is at your own risk.  

    • To the extent permitted by law and without limiting any of your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, You indemnify us, our employees, and agents against all claims, demands, losses, damages, costs, and expenses arising from your use of the Facilities or any breach of these Terms and Conditions. 

     

    YOUR LIABILITY  

    • To the extent permitted by law, you acknowledge that you are responsible for exercising within your own physical limits and capabilities. We are not liable for any injury or harm you suffer as a result of overexertion, misuse of equipment, or failure to take appropriate care and precautions while using the facilities. 

    • You are responsible for any damage you cause to our equipment or facilities, and 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 our Facilities 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 30 days of publication of such change. If you cancel your membership under this clause, we will not charge you a cancellation fee. 

     

    ASSIGNMENT and transfer 

    • We may assign or transfer any of your rights or obligations in relation to your membership to a third party at any time.  

    • Your Membership is personal to you and cannot be transferred to anyone else.