Terms & Conditions
Using the Pools
While attending the Pools the Member/Pass Holder agrees to:
- comply with all rules and directives published and updated by the government from time to time at covid19.govt.nz; and
- all policies and procedures adopted by Hamilton City Council in relation to the COVID-19 pandemic, including but not limited to the mandatory use of ‘My Vaccine Passes’ and other health measures to limit the spread of COVID-19.
The Member/Pass Holder understands and accepts that a breach of this clause may result in cancellation of membership and/or trespass from our facilities. Hamilton City Council is not liable for any losses suffered by the Member or any third parties as a result of any cancellation of membership/access under this clause.
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.
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.
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.
- Rash shirts
- Swim shorts
- Full body suits
- 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
1. The member agrees to abide by Learn to Swim terms and conditions. We may change the Terms and Conditions from time to time by publishing new Rules that will be displayed at Reception and made available to you.
2. Every member who has any medical issues must inform staff of Learn to Swim and may have to consult with their doctor to continue the use of these facilities.
3. The member specifically indemnifies and holds harmless to Learn to Swim, Officers, Agents, Employees, or Instructors in respect of any event which might otherwise give rise to a course of action (in respect of the Member or any other person associated with the Member) against any or all the persons or organisations protected in this clause.
4. Membership entitles the member to use the facilities of Learn to Swim, 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.
5. All payments are to be made direct to Swimming Facilities nominated agent to ensure proper crediting.
If a Debit Success account is not be set up or full payment for the Quarter is not made on time of booking, your space will be forfeited. In addition to this the member hereby agrees to pay all costs of collection prior to and post legal action incurred by the Department which comprise sections of the Waterworld or Gallagher leisure facilities operated by Hamilton City Council. Including any agency costs, and solicitor’s fees.
6. CONTINUOUS MEMBERSHIP (DEBIT SUCCESS ONLY) Direct debit payments will continue indefinitely until terminated by the member, and it is the members responsibility to contact Debit Success directly on 0800 481 0400 to terminate payments or fill out a cancellation request (Variation form) that can be found at reception.
7. The member permits Learn to Swim to use such information as is provided on the Agreement to communicate with the member and/or make available to the member various opportunities that may arise from time to time unless you notify us otherwise.
8. 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.
9. Learn to Swim reserves the right to reschedule, if less than 2 students have enrolled for a class. An alternative lesson time will be offered.
10. All our swimming instructors are trained, VCA vetted and committed to supporting your child/ren in their Learn to Swim journey.
11. 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.
12. Learn to Swim reserves the right to terminate a student’s tuition at any time for any of the following reasons: Non-payment of fees at time of booking. The students’ behaviour is, in the opinion of the teacher, disruptive to the class and attempts to overcome the problem have not succeeded. Serious misconduct in or around the pool premises or behaviour that we consider carries a serious risk of injury or damage to other members or club facilities. Any other reason whereby in the opinion of the management, continuation of a student’s enrolment in LTS brings continued conflict into the lesson or in any way threatens to bring the complex into disrepute.
13. RESPONSIBILITY OF STUDENTS
Learn to Swim does not accept responsibility for students outside of scheduled lesson times. If a student swims before or after their lesson, they must abide by the facility “Pool Alone Policy” which will be enforced by the lifeguards on duty. Please note that for safety reasons, all children are to assemble on the pool deck prior to the start of their lesson (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 at 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.
Our facilities enforce the national “Pool alone Policy” at all times. 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.
14. SICKNESS AND MAKEUPS
We will give opportunity for a maximum of 6 make-up lesson per calendar year for any reason. Absences must be notified in advance to receive a make-up lesson. At the end of each calendar year, all unused makeups will be cleared from student accounts. No credit or refunds will be given for unused makeups. A GP’s clearance will be required before any child can enter our pools if they have suffered from a disease/infection as per Ministry of Health chart (see LTS office for a copy of).
The member may, by completing a Membership Suspension Request (Variation form) found at reception or on our website, place their membership on hold without a fee for a minimum 6 weeks, with a maximum of 2 suspensions within a calendar year. Students with suspensions are not guaranteed the same membership circumstances (i.e.: day/time) as when the suspension was requested.
16. COVID-19 The Member agrees to abide by all rules and directives published and updated by the government at covid19.govt.nz.
17. FAMILY MEMBERS USE OF FACILITIES DURING SWIMMING LESSONS
If caregivers or siblings wish to swim during a client’s/child’s lesson, then they are to pay at reception for a swim. Spectator’s fee for Immediate caregiver is included in the swimming lessons costs.
18. CLOTHING/SWIM WEAR/APPROPRIATE EQUIPMENT
Please make yourself familiar with our clothing policy that is situated around pool side, in the 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.
19. All students under the age of 3 must wear approved swimming nappies, to ensure we maintain water quality.
20. All students over 3 years MUST wear a SWIM CAP and GOGGLES WHILE IN SWIMMING LESSONS to aide learning (unless prior discretion from Learn to Swim Management has been given).
21. PHYSICAL CONTACT
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 and for safety reasons. To develop the skill and technique e.g. the correct position of the feet and legs in breast stroke/correct breathing position. To treat an injury
22. POSITIVE GUIDANCE AND SOCIAL COMPETENCE
Learn to Swim teachers adhere to the schools “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.
Under management discretion exceptional circumstances will be dealt with on a case-by-case basis.
Using the Gym
BREACH OF THIS AGREEMENT
The Member (you) agrees to abide by all the terms and conditions of this Agreement. You understand and accept that Hamilton City Council Waterworld Staff (Waterworld) may require you to immediately leave the Waterworld Facility (Facility) as a result of breaching this Agreement. Serious or repeated breaches of this Agreement, dangerous and/or antisocial behaviour may result in cancellation of membership and/or trespass from the Facility.
The Member agrees to abide by all rules and directives published and updated by the government from time to time at covid19. govt.nz.
Production of Photo Identification is compulsory for first time Members.
The Member agrees to abide by the Gym Etiquette. Waterworld may change the Gym Etiquette from time to time by publishing new Rules that will be displayed in the gym or be made available to you.
Every Member who has any medical issues must inform Waterworld and may have to consult with their doctor to continue the use of the Facilities. The Member confirms that they do not have injuries or medical conditions that make it harmful in any way to exercise and that they have completed the medical declaration form to the best of their ability. The Member understands that Waterworld staff and trainers cannot provide medical advice to you or anyone else.
HEALTH AND SAFETY
The Member understands that accidental/personal injury is covered by accident compensation law (ACC) in New Zealand. The Member must comply with all health and safety directives from Waterworld and comply with any requirements of the Health and Safety at Work Act 2015. The Member must immediately notify Waterworld Staff of any near misses or accidents.
PRIVACY AND USE OF INFORMATION
Waterworld will use the Member’s information for administration purposes and for any emergency which might arise while on Waterworld premises. Waterworld will also use information provided in this Agreement to communicate with the Member and/or make available various opportunities that may arise from time to time, unless you notify us otherwise. You have the right to ask for this information to be corrected at any time.
All payments are to be made direct to Waterworld’s nominated agent to ensure proper crediting. The Member authorises any person or company to provide Waterworld with such information they may require in response to credit and/or employment enquiries.
Membership entitles the Member to use the facilities of Waterworld (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.
The member may, by completing a Membership Suspension Request form, place their membership on hold without a fee for a minimum period of two weeks up to a maximum period of two months, and twice per 12-month membership. Time will be credited to the end of the membership agreement.
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 if the membership card needs replacing or re-issuing. If the member wishes to attend any classes, the member must present their membership card to the receptionist and obtain a tag to be handed to the class instructor. Numbers for classes are restricted for safety reasons.
WATERWORLD FACILITY CLOSURE In the event of a full Waterworld 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 contact Waterworld staff in writing.
The All-Inclusive membership allows the Member to use the pools (when available) excluding Hydrotherapy pool. Also included are Gym, all Group Fitness classes, Steam, Sauna and Spa (when available). Bands may be required upon entry.
HEALTH PROFESSIONALS AND SUPPORT STAFF
Physiotherapists and other Health Professionals and support staff may be asked to wear identification and ensure both themselves and their clients are dressed according to our Gym Etiquette.
SUPERVISION OF CHILDREN
Waterworld has a strict Child Supervision Policy. Children under the age of 16 are not permitted in gym areas (including upstairs in the gym waiting area and office).
ALCOHOL AND SMOKING
Alcohol is not permitted at the Facility. The Facility is a smoke-free environment. Smoking is not permitted.
Hamilton City Council (Council) 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, Council shall not be liable to the Member for any loss arising under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise. The Member shall not be entitled to any refund if there is a breach of this Agreement.