Terms and conditions for Fixed and Flexi payment members of Council Recreation and Sport Centres.
In this agreement, unless the context otherwise requires:
Agreement means the membership registration form together with these terms and conditions of membership.
Christchurch City Council Recreation and Sport Centres means the following recreation and sport centres operated by the Council: Graham Condon Recreation and Sport Centre, Jellie Park Recreation and Sport Centre, Pioneer Recreation and Sport Centre, Te Pou Toetoe: Linwood Pool, Taiora QEII Recreation and Sport Centre, and Council’s Summer Pools.
Council means the Christchurch City Council and its employees, agents, consultants and contractors and references to we or us is a reference to the Council.
Discount Card means a card that entitles the holder of the card to a discount on our services, being any of the following cards: Community Services card, Cando, KiwiAble, Hāpai and/or a Super Gold Card.
Fitness Membership means a membership option which entitles you to use the fitness centre and attend group fitness classes at Christchurch City Council Recreation and Sport Centres, but excludes any use of the pools, spa, sauna, steam room, hydroslides, or attendance at recreation programme classes, aqua classes and adult Swimsmart classes.
Fixed Membership means a fixed term Fitness Membership, Multi Membership, Pool Membership or Swimsmart Membership paid for by you in one lump sum upfront and not able to be cancelled during its term.
Flexi Membership means a flexible term:
Member means the person named on the Membership Registration Form and references to you or your is a reference to the named member.
Membership means your membership of one or multiple Christchurch City Council Recreation and Sport Centres being either a Flexi Membership or a Fixed Membership and as further described in this Agreement.
Membership Fees means the membership fees payable by you as set out on the membership registration form at the time of signing.
Membership Registration Form means the attached registration form for becoming a member of the Christchurch City Council Recreation and Sport Centres, which must be completed and signed by the member and their parent or legal guardian if they are under 18 years of age.
Minimum Membership Period means 13 weeks from the commencement date of your Flexi Membership (excludes Swimsmart Memberships).
Minimum Swimsmart Membership Period is the number of weeks remaining in the current school term, being no less than a 5 week period.
Minimum Freeze Period means 2 weeks(excludes Swimsmart).
Multi Membership means a membership option which entitles you to use, at Christchurch City Council Recreation and Sport Centres, both:
One Month Membership means any of the Pool Membership, Fitness Membership or Multi Membership which is taken out for a fixed period of one calendar month.
Pool Membership means a membership option that entitles you to use, at Christchurch City Council Recreation and Sport Centres, the pools, spa, sauna, steam room, aqua classes and adult Swimsmart classes (where available), but not including the use of the hydroslides or attendance at recreation programme classes.
Rules of Use means the rules pertaining to the use of the Christchurch City Council Recreation and Sport Centres, as displayed at Christchurch City Council Recreation and Sport Centres or online, as amended by the Council at any time at its discretion.
Summer Pools means the outdoor pools owned and operated by Council in the summer months only, being Te Hapua (Halswell), Waltham and Norman Kirk Memorial Pool in Lyttelton.
Swimsmart Membership means a children’s Flexible Membership or Fixed Membership for the purpose of learning to swim. This includes one weekly lesson and use of the Graham Condon, Jellie Park, Pioneer, Taiora QEII, Te Pou Toetoe: Linwood Pool and Summer Pools during the school term. Does not include bubbletimes, hydroslides, or attendance at recreation programme classes or adult Swimsmart classes. Parent-child and pre-school Swimsmart Memberships entitle one adult to accompany the registered child.
2.1 This Agreement is between the Member and the Council and applies to your access to, and your use of, the Christchurch City Council Recreation and Sport Centres.
2.2 This Agreement together with the Rules of Use constitutes the entire agreement between you and the Council relating to your membership of the Christchurch City Council Recreation and Sport Centres and replaces all prior agreements or undertakings, whether these are written or verbal.
2.3 We may need to make changes to this Agreement or to the Rules of Use from time to time. We will give you notice of any changes by email, text, social media or by notification within our Christchurch City Council Recreation and Sport Centres. Where we reasonably believe that a change will be detrimental to you (unless that change is required by law) we will offer you the right to cancel this Agreement.
2.4 For access identification purposes only, as a condition of membership we will take a photo of you to attach to your account on our digital membership database.
3.1 The membership type for this Agreement is set out on the membership registration form.
3.2 A Fixed Membership may be upgraded to a membership type of higher value. A Flexi Membership may be upgraded at any time or downgraded to another membership type after the Minimum Membership Period. We will change any direct debit amount to reflect any fee changes.
3.3 You may not transfer your membership to another person.
4.1 A Fixed Membership will begin and end on the dates set out on the membership registration form.
4.2 A Flexi Membership will begin on the start date set out on the membership registration form and has no set end date. You can cancel your membership at any time after the minimum membership period by providing notice in writing in person at a Christchurch City Council Recreation and Sport Centre, online or via email. We will not accept verbal notice of cancellation of your membership. Note: Swimsmart Memberships run from Monday to Sunday.
4.3 The minimum membership period excludes any period of time that your membership was frozen by you or suspended by the Council.
4.4 If you decide to cancel your membership before the end of the minimum membership period you will be required to pay any membership fees still owing for the minimum membership period.
5.1 If you have selected a Fixed Membership you must pay the membership fees in one lump sum at the time of joining.
5.2 If you have selected a Flexi Membership, you agree to pay the membership fees by direct debit in the amount set out on the membership registration form and in accordance with clause 6.
5.3 Any discount card must be presented at the time of registration, membership change or renewal in order to receive the discount. Discounts cannot be applied for if, at the time of renewal, the membership account is not fully paid up to date, nor can a discount be applied for retrospectively. You may be asked to show your discount card as proof of discount eligibility from time to time. You must tell us immediately if you become ineligible for a discount. When any discount eligibility ends, your membership fees will revert to the applicable full rate fee as at the end of the eligibility period. For Swimsmart Memberships, discounts will be applied only where the primary caregiver or child is the discount cardholder.
5.4 Any changes in your Flexi Membership Fees due to a change in your Flexi Membership category will be reflected in the next scheduled Direct Debit.
5.5 Fitness/Pool/Multi Flexi Membership Fees are reviewed annually and may increase after they have been reviewed. We will notify you in advance of any changes to the membership fees. Any increases in the membership fees will come into effect on 1 October or 1 January each year (as applicable). If you do not wish to accept the increase in the membership fee you may cancel your membership but you must do so before the first direct debit at the new rate.
5.6 Credits are valid for 12 months from the date of issue.
6.1 If you have selected a Flexi Membership you will need to complete a direct debit authority (Authority) which will be lodged with your bank. All membership fees and other payments that are payable to us under this agreement will be deducted automatically from your bank account and paid to us under that authority.
6.2 Payments for the Flexi Membership are able to be paid weekly, fortnightly or four weekly.
6.3 We will give you written notice of the start date, frequency and amount of payments.
6.4 We are able to change the direct debit amount to reflect any fee increases made in accordance with clause 5.4.
6.5 If you default on a direct debit payment your access card will be deactivated and you will not be able to access or use any Christchurch City Council Recreation and Sport Centre.
6.6 If you default on a weekly direct debit payment, your access will be deactivated and will remain deactivated until the outstanding amount is paid. If you have not paid the outstanding amount by the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the full outstanding amount is not paid prior to the date on which the fourth consecutive direct debit payment is due, we may cancel your membership.
6.7 If you default on a fortnightly or monthly direct debit payment, your access will be deactivated and will remain deactivated until the outstanding amount is paid. If you have not paid the outstanding amount prior to the next scheduled direct debit date, we will attempt to process a payment for both the outstanding amount and the next scheduled payment. If the second direct debit attempt is unsuccessful your membership may be cancelled.
6.8 If your membership is cancelled, we will refer the collection of the debt that you owe to us to a collection agency. You are liable for any collection costs incurred.
6.9 If your direct debits repeatedly fail, we are able to offer you the option to transfer to a Fixed Membership (which is paid in one lump sum upfront). If you choose not to take up this option, we reserve the right to cancel your Flexi Membership under clauses 6.6, 6.7 or 11.1(a).
6.10 We reserve the right to refuse Members the Flexi Membership option.
7.1 You agree to comply at all times with:
7.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on Christchurch City Council Recreation and Sport Centres’ premises, and you must at all times comply with our health and safety requirements, including those directed to your own health and safety. Our decision as to what constitutes an offensive, threatening, inappropriate or dangerous activity will be final and binding.
8.1 If we consider, at our discretion, that you have committed a breach of the terms of this agreement we may suspend your membership with immediate effect. If we suspend your membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your membership is suspended you will be excluded from all Christchurch City Council Recreation and Sport Centres for a period which we in our discretion consider reasonable. A breach of this agreement by you includes (but is not limited to) you:
8.2 You must still make all payments owing to us while your membership is suspended. We will not refund any amount of your membership fees that are paid during a period of suspension.
9.1 A Flexi Membership may not be frozen before the first direct debit payment date, retrospectively or if your membership account is in arrears. You may freeze your Flexi Membership up to two times within a 12 month period from the original membership start date for a minimum period of 2 weeks each and a total maximum period of 26 weeks.
9.2 A holder of a One Month Membership is not able to freeze their membership or apply any discounts to the membership fees at any time.
9.3 You may freeze your:
9.4 In order to freeze your membership you must complete the membership freeze form online or in person at a Christchurch City Council Recreation and Sport Centre, or by sending us an email. We will not accept verbal notice of a membership freeze. When you freeze your membership, you must tell us the date on which your membership will be reactivated.
9.5 On your specified reactivation date, your membership will be automatically reactivated. You must give us five days prior notice if you want to change the specified reactivation date. Any changed reactivation date must still be within the total maximum freeze period.
9.6 If you have a Flexi Membership, you agree that we may amend the direct debit for the first payment after the freeze period to take account of the broken period between the reactivation of your membership and the first payment date after your membership has been reactivated. This pro-rata payment may come out prior to the membership recommencing.
10.1 You may only freeze a Swimsmart Membership for medical reasons, upon presentation of a medical certificate for a maximum period of 4 weeks.
10.2 A Flexi Swimsmart Membership may be frozen after the first successful direct debit.
10.3 On the date that you specified for the reactivation of your membership or after 4 weeks (whichever is the earlier), your membership will be automatically reactivated.
10.4 You agree that we may amend the direct debit for the first payment after the freeze period to take account of the broken period between the reactivation of your membership and the first payment date after your membership has been reactivated. This pro-rata payment may come out prior to the membership recommencing.
10.5 A Flexi Swimsmart Membership may not be frozen retrospectively or if the membership account is in arrears.
11.1 If we consider, at our discretion that you have committed a breach of the terms of this Agreement we may cancel this Agreement and terminate your membership with immediate effect. If we cancel your membership, we will advise you of this in writing, either by post to your last known address, by email or text. If your membership is cancelled you will be excluded from all Christchurch City Council Recreation and Sport Centres. A breach of this Agreement by you includes (but is not limited to) you:
11.2 If we cancel this Agreement due to your breach, you will remain liable to us for any unpaid amounts due and owing to us under this Agreement. Any unpaid amounts will become immediately due and payable. The debt will be passed to a collection agency and you will be liable for any collection costs incurred.
11.3 Provided the minimum membership period has ended, a Flexi Membership may be cancelled by you at any time by completing the membership withdrawal form. You must lodge the form more than 5 business days prior to your next scheduled direct debit payment for the cancellation to be processed before that deduction occurs. No part-month refunds will be given. If you want to cancel your membership before the end of the minimum membership period you must pay the balance of membership fees due for the whole of the minimum membership period.
11.4 You may cancel this agreement within the 5 day cooling off period as noted on the front of this membership registration form. If you cancel this agreement within that time period, we may require you to pay for the days that you have had access to our facilities, at our standard daily rate, and for any goods you have received on joining.
11.5 Subject to clause 11.3 and 11.4, you may cancel this agreement on 30 days’ notice in writing if you are, in our reasonable opinion, adversely affected by any changes made by us (in accordance with our rights under clause Error! Reference source not found. ) to this Agreement and/or the Rules of Use.
11.6 You may cancel your membership after the minimum membership period by completing the membership withdrawal form in person at a Christchurch City Council Recreation and Sport Centre, or by sending us an email. We will not accept verbal notice of cancellation of your membership. You may not cancel your membership retrospectively or if the membership account is in arrears.
12.1 From time to time, we may have to or choose to close parts of our Christchurch City Council Recreation and Sport Centres for repairs, general maintenance, refurbishment or health and safety emergencies. In the event of a planned closure for a period of more than two days where the period of closure spans that centre’s normal opening hours, we will endeavour to provide facilities within another Recreation and Sport Centre for this period. We may provide, in our discretion, a freeze or credit for any such period.
12.2 In the event of an unplanned pool closure, Swimsmart classes may be transferred to another pool. If space does not permit, lessons may be conducted out of the water. If neither of these options are practicable, we will provide you with a credit or a one week payment freeze (dependent on your membership type).
13.1 You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use our facilities safely, to take care of your own health and to take care of your own property.
13.2 Provided we act with reasonable skill and care, we will not be liable to you for any direct, indirect or consequential injury, loss or damage suffered by you or to your property in connection with this Agreement or your membership of the Christchurch City Council Recreation and Sport Centres.
13.3 In the event we are liable to you for any reason, our liability to you is limited to a maximum amount equal to the value of the fees paid by you under this Agreement in any 12 month period.
13.4 Personal injury in New Zealand is covered by the Accident Compensation Act 2001.
14.1 You indemnify us in respect of all costs (including legal costs), losses, damage and expenses suffered or incurred by us and any other person claiming through us as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to your use of the Christchurch City Council Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination or cancellation of this Agreement.
15.1 This Agreement and your rights under it may not be transferred or assigned to a third party.
15.2 No right under this Agreement shall be deemed to be waived except by notice in writing signed by both parties. A waiver will not prejudice rights in respect of any subsequent breach.
15.3 These terms and conditions are governed by the laws of New Zealand. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
16.1 Where you cancel this Agreement during the ‘cooling off period’ noted on the front of this membership Registration Form, we may in our sole discretion, refuse to accept any new membership Registration Form from the Member for a period of one month from the cancellation.
17.1 Our address for notices is:
Recreation, Sport and Events
Christchurch City Council
PO Box 73014
By completing a membership Registration Form you are providing personal information about yourself. You agree that we may collect and use that information for the purposes of credit reference checking, account administration, marketing, and recovery of outstanding debts. You have a right to see and ask for the correction of any of your personal information.