Terms and conditions for fixed and flexi payment members of Council Recreation & Sport Centres.

1. Definitions

In this agreement unless the context otherwise requires:

  • Agreement: means the Membership Registration Form and these terms and conditions of membership.
  • CCC Recreation and Sport Centres: means any recreation and sport centre operated by the Council including Graham Condon Recreation and Sport Centre, Jellie Park Recreation and Sport Centre, Pioneer Recreation and Sport Centre, QEII Fitness at Parklands, Council’s Summer Pools and any new facilities opened from time to time.
  • 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.
  • Fixed Membership: means a fixed term membership paid upfront and as further described in Section 1 of the Membership Booklet;
  • Flexi Membership: means a:
    1. Flexi Pool, Flexi Fitness or Flexi Multi Membership paid fortnightly or monthly in advance; or
    2. Flexi SwimSmart Membership paid weekly, fortnightly or 4 weekly in advance, by direct debit, and able to be cancelled with the required notice after the Minimum Period.
  • 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 CCC Recreation and Sport Centres being either a Flexi Membership or a Fixed Membership and as further described in this Agreement and Section 1 of the Membership Booklet;
  • Membership Booklet: means the booklet available at all CCC Recreation and Sport Centres which contains the Rules of Use and other information about use of the CCC Recreation and Sport Centres, as amended by the Council at any time at its discretion;
  • 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 CCC 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 Period: means 3 months from the commencement date of your Flexi Pool, Fitness, Multi or SwimSmart Membership;
  • Rules of Use: means the rules pertaining to the use of the CCC Recreation and Sport Centres, contained in the Membership Booklet or as displayed at CCC Recreation and Sport Centres, 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 Hāpua (Halswell), Waltham, Norman Kirk Memorial Pool in Lyttelton, and Templeton; and
  • SwimSmart Membership: means a Flexi or Fixed membership as further described in Section 1 of the Membership Booklet.

2. Application of agreement

2.1 This Agreement is between the Member ("you") and the Council and applies to your access to, and your use of, the CCC 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 CCC Recreation and Sport Centres and replaces all prior agreements or undertakings, written or oral.

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 or text. Where we reasonably believe that a change will be detrimental to you (unless it is required by law) we will offer you the right to cancel this Agreement.

3. Membership type

3.1 The Membership type for this Agreement is specified on the Membership Registration Form. The entitlements for each Membership type are set out in the Membership Booklet.

3.2 A Fixed Membership may be upgraded to a membership type of higher value. A Flexi Membership may be upgraded or downgraded to another membership type after the Minimum Period. Details are in the Membership Booklet. We will change any direct debit amount to reflect any fee changes associated with the upgrade or downgrade.

3.3 You may not transfer your Membership to another person.

4. Membership period

4.1 A Fixed Membership will commence and end as specified on the Membership Registration Form.

4.2 A Flexi Membership will commence on the start date specified on the Membership Registration Form. You can cancel your membership at any time after the Minimum Period by completing a withdrawal form in person at a CCC Recreation and Sport Centre.

4.3 The Minimum 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 Period you will be required to pay any Membership Fees owing for the Minimum Period.

5. Membership fees

5.1 If you have selected a Fixed Membership you will 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 amounts 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 or renewal in order to receive the discount. Discounts cannot be applied for, or applied retrospectively. You must advise us immediately if you become ineligible for a discount and you may be asked to show proof of discount eligibility from time to time.

5.4 Membership Fees are guaranteed not to increase during the Minimum Period. After the Minimum Period the Membership Fees may be increased by our giving you at least 30 days’ notice in writing, which may be by email or text. If you do not wish to accept the fee increase you may cancel your membership but you must do so before the first direct debit at the new rate.

6. Group membership discount

6.1 The group membership discount offers groups who have 10 or more active members at Christchurch City Council Recreation & Sport Centres a 20 percent discount on standard fitness, pool or multi membership fees. The group membership discount does not apply to Swimsmart memberships.

To be eligible for this discount a group must have 10 or more active members and must be aligned to one of the following:

  1. A business (known as company, firm or corporation)
  2. An educational institution
  3. A medical institution
  4. A non-government organisation (NGO)
  5. An affiliated sports team or group.

Checking of the charities register may be undertaken by the Recreation & Sport team to ensure compliance with the above list.

6.2 Monthly reports will be run by Recreation & Sport Centres to identify if membership for the group is still meeting the minimum 10 person threshold.

6.3 If members of the group drop below the 10 person threshold, a letter will be sent to each member and the group contact with a 30 day notice period requesting that the group needs to take action to comply with the threshold. If at the end of the 30 day period the group is still below the threshold the standard membership rate will then be applied to each person aligned to that group.

7. Payments by Direct Debit for flexi memberships

7.1 If you have selected a Flexi Membership you will need to complete a direct debit authority ("Authority") and all membership fees and other payments that become due will be paid under that Authority.

7.2 In accordance with that Authority we will give you written notice of the commencement, frequency and amount of payments.

7.3 We reserve the right to change the direct debit amount to reflect any fee increases made in accordance with clause 5.4. We will notify you (which may be by email or text) at least 30 days in advance of any changes to the fees.

7.4 Should you default on a direct debit payment your membership will be suspended, your access card will be deactivated and you will not be able to access any CCC Recreation & Sports Centre.

7.5 We will attempt a second direct debit for both the overdue amount and the next scheduled payment, when the next payment is due. If the second direct debit attempt is unsuccessful your membership will be terminated, and the debt will be passed to a collection agency. You are liable for any collection costs incurred.

8. Rules of membership

8.1 You agree to comply at all times with:

  1. this Agreement;
  2. the Rules of Use as displayed at each CCC Recreation and Sport Centre and in the Membership Booklet;
  3. any new rules and conditions advised by us to Members of the CCC Recreation and Sport Centres at any time; and(d) any lawful and reasonable directions we notify to Members of the CCC Recreation and Sport Centres, at any time.

8.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on CCC Recreation and Sport Centres’ premises, and you must 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.

9. Suspension of membership

9.1 We may, at any time by notice in writing to your last known address, by email or text, immediately suspend your membership and exclude you from all CCC Recreation and Sport Centres for a period of time which we in our discretion consider reasonable, if you breach any term of this Agreement, including without limitation:

  1. Breaching the Rules of Use, or any other rules and conditions or lawful and reasonable direction we give you; or
  2. Carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on CCC Recreation and Sport Centres’ premises.

9.2 During a period of suspension all payments owing by you to us under this Agreement must be made. You will not be reimbursed for any period of your membership missed due to a suspension.

10. Freezing your multi, fitness or pool membership

10.1 A membership may not be frozen within the Minimum Period, or retrospectively.

10.2 You may freeze your membership twice in a 12 month period for a minimum period of two weeks and a maximum period of 3 months by completing a Membership Freeze Form. A reactivation date must be specified at the time of freezing your membership

10.3 On your specified return date or after 3 months (whichever is the earlier), your membership will be automatically reactivated. You are required to give five days’ notice for any change to the specified reactivation date provided that the change to the specified reactivation date is within the maximum freeze period of 3 months.

10.4 If you have a Flexi Membership, you approve the amending of the direct debit payment prior to the reactivation date for the balance of the days between the reactivation and the following payment date.

11. Freezing your Swimsmart membership

11.1 You may not freeze a Fixed SwimSmart membership except for medical reasons. Please see the Membership Booklet for further detail.

11.2 You may freeze your Flexi SwimSmart membership for a minimum period of 2 weeks and a maximum period of 4 weeks per freeze not exceeding 8 weeks in total over a 12 month period, by completing a Membership Freeze Form.

11.3 On your specified return date or after 4 weeks (whichever is the earlier), your membership will be automatically reactivated. You are required to give five days’ notice for any change to the specified reactivation date provided that the change to the specified reactivation date is within the maximum freeze period of 4 weeks.

11.4 You approve our amending the direct debit for the first payment after the freeze period for the broken period between reactivation of membership and your first payment date after reactivation.

11.5 A membership freeze cannot be applied retrospectively.

12. Termination of agreement

12.1 We may, at any time, terminate this Agreement immediately by giving you notice in writing to your last known address, or by email or text if you breach any term of this Agreement, including:

  1. Failing to pay two consecutive direct debit payments on the due date;
  2. Breaching the Rules of Use, any other rules and conditions imposed by us, or any other lawful and reasonable direction we give you;
  3. Carrying out any offensive, threatening, inappropriate, dangerous or illegal activity on CCC Recreation and Sport Centres’ premises.

12.2 If we terminate 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. We will also seek reimbursement for any costs incurred by us in recovering any such amounts from you.

12.3 Provided the Minimum Period has elapsed, a Flexi Membership can be terminated by you at any time by completing the Membership Termination Form. You must lodge the form more than 5 business days prior to your next scheduled direct debit payment for the termination to be processed before that deduction occurs. No part-month refunds will be given. If you want to terminate the membership before the end of the Minimum Period you must pay the balance of membership fees due for the whole of the Minimum Period.

12.4 You may terminate this Agreement within the 5 day cooling off period as noted on the front of this Membership Registration Form. If you choose to do so, 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 up.

12.5 Subject to clause 11.3 and 11.4 , you may terminate 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 right under clause 15.1) to this Agreement, the Membership Booklet and/or the Rules of Use.

13. Closure of facilities

13.1 From time to time, we may have to or choose to close parts of our CCC 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 voucher or credit for any such period.

13.2 In the event of an unplanned pool closure, SwimSmart classes will be transferred to another pool. If space does not permit, lessons will be conducted out of the water. If neither of these options are practicable, we will provide a one week freeze.

14. Council's liability to you

14.1 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.

14.2 Provided we act with reasonable care and skill, 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 CCC Recreation and Sport Centres.

14.3 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 payable by you under this Agreement in any 12 month period.

14.4 Personal injury in New Zealand is covered by the Accident Compensation Act 2001.

15. Your liability to Council

15.1 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 CCC Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination of this Agreement.

16. General

16.1 We may need to make changes to this Agreement, the Membership Booklet and/or the Rules of Use from time to time. We will give you reasonable notice of any changes by posting the changes on our website, advertising in the Recreation and Sport Centres, and by email (or text). Where we reasonably believe that a change will be detrimental to you (unless it is required by law) we will offer you the right to terminate this Agreement.

16.2 This Agreement and your rights under it may not be transferred or assigned to a third party.

16.3 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.

16.4 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.

17. Withdrawal and re-enrolment

17.1 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 withdrawal.

18. Notices

18.1 Our address for notices is:

Recreation & Sport Unit Administration Team
Christchurch City Council
PO Box 73014
Christchurch 8140

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