Splash Centre – membership terms and conditions
Formal terms and conditions
1. General
1.1. Welcome to Splash Centre. To ensure that Splash Centre is able to provide a safe and comfortable
environment for all members and staff, please assist us by complying to the following conditions. We advise
you to only sign this agreement if you understand and agree to abide with these conditions.
1.2. In these terms and conditions, 'you' means the person named in the membership application form and 'we',
'us' or 'our' means Whanganui District Council – Splash Centre.
2. Membership
2.1. Memberships may be either:
2.1.1. Open term – 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.
2.1.2. Minimum term – your membership will have a minimum term, as specified in your membership
application form. After the end of the minimum term, your membership 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 set out in your membership application form.
2.1.3. Fixed term – 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 automatically expire. Membership fees must be
paid in advance by cash, EFTPOS or credit card.
3. Commencement of membership
3.1. Your membership will commence on the first payment of the fees (or any other agreed start-date) and
continue until the end of the fixed term (for fixed-term contracts) or until cancelled or terminated under these
terms and conditions (for open-term and minimum-term contracts).
4. Cancellation by member
4.1. You may end your membership by giving 28 days written notice. If your membership is an open-term or
minimum-term membership, it will be cancelled from the next payment due date after the 28-day period
expires. If your membership is a fixed-term membership, it will end at the expiry of the 28-day period.
4.2. For fixed-term or minimum-term memberships, cancellation during your fixed term or minimum term (as
applicable) will incur a fee as follows:
4.2.1. a cancellation fee of $25.00 for a membership with 30 days or less remaining on the membership
4.2.2. a cancellation fee of $50.00 for a membership with 30 days or more remaining on the membership term.
No additional administration fee will be charged.
4.3. You may cancel without penalty for reason of diagnosed illness preventing your use of the facilities. We may
require you to provide us with a medical certificate confirming the diagnosis.
5. Minimum age
5.1. For health and safety reasons, the minimum age for a standard gym membership is 17 years of age
5.2. All applicants aged 14 to 16 years must sign-up with a parent or guardian, and the membership form and direct
debit consent form must be signed by a parent or guardian.
5.3. All applicants aged 14-15 years must be supervised by a parent or nominated supervisor (eg: a coach, teacher
or trainer) at all times when using the gym. The supervisor must be also be a current member.
5.4. All new members must undergo a fitness induction, assessment and programme with Splash Centre staff.
5.5. Age restrictions may apply to some equipment and group classes.
6. Transfers
6.1. You cannot transfer your membership to any other person.
7. Suspensions
7.1. Memberships cannot be suspended during the first three months. Otherwise, you may suspend your
membership at any time up to a maximum total of 60 days per calendar year.
7.2. You can suspend your membership for a minimum period of two weeks and a maximum period of 60 days by
giving us at least 10 days’ notice in writing. Suspended memberships will resume at the agreed date without
further notification.
7.3. An administration fee will apply.
8. Member contact information
8.1. You must provide us correct contact information – name, phone number(s), postal address, email address,
emergency contact numbers – and keep that information up to date at all times.
8.2. All personal information that we collect about you will be held by us in accordance with our privacy policy.
8.3. We will only use that information for purposes required for the operation of the leisure centres, including
administration of your account 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.
9. Medical
9.1. You must ensure you are fit and healthy enough to undertake your chosen activities and, if necessary, obtain
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).
9.2. You must notify us of any health conditions existing or arising, and provide any other health information or
medical certificate on request. We may require you to undergo a fitness consultation or induction.
10. Our services
10.1. We provide you with high-quality facilities and services, but certain constraints apply:
10.1.1. 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.
10.1.2. 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.
10.1.3. We may at any point restrict access to certain facilities or activities for health and safety reasons.
11. Opening times
11.1. Hours of operation are subject to change. We may close for statutory holidays, special events, maintenance
work or other holidays, and you are not entitled to any fees refund for such closures.
11.2. See the facility notice boards, our website or social media pages for updates. We are not liable for any closures
or limitation in services caused by events beyond our reasonable control.
12. Membership cards
12.1. Your membership access card is for personal use only. You must present your membership card on entry to the
facilities and on request by any member of our staff.
12.2. 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.
13. Conduct
13.1. You must comply with any rules as displayed onsite or on our website and with the instructions of our staff,
and:
13.1.1. only use the equipment and facilities in a safe and sensible manner (including wearing appropriate
footwear and clothing).
13.1.2. 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.
13.1.3. maintain appropriate standards of dress and hygiene.
13.1.4. not engage in any unauthorised commercial activity.
13.1.5. not carry out any illegal acts on the premises.
13.1.6. comply with all of our health and safety requirements, including any instructions or directions given to
you by our staff.
13.2. We reserve the right to require you to leave the premises immediately if you carry out any activity that we
consider to be dangerous, offensive or in breach of any health and safety requirement (whether it is
documented or not).
14. Independent specialists
14.1. Independent personal trainers, coaches, physiotherapists and other consultants providing services at the
facilities are not our employees or agents. The use of their services is between you and the other party
(including payment terms). We are not liable or responsible for their activities.
14.2. All independent specialists must have written permission from the centre manager to conduct business in and
around the facilities.
15. Fees
15.1. You must pay all applicable fees, charges and expenses, and GST as applicable, for the term of your
membership. Our fees, including administration fees and card replacement fees, are published on our website.
15.2. We may charge interest on all overdue fees and amounts at the rate of 5% per annum and you must reimburse
us for all reasonably incurred recovery costs. You are not entitled to any refund if you don’t use your
membership. Your membership does not cover food, drinks, special classes or the services of a personal trainer.
16. Changes to fees
16.1. If we decide to change our fees, we will give you 30 days prior notice (either by post, email or publication at the
leisure centre or on our website).
16.2. If you are not happy with the change in fees, you may cancel your membership as set out in Clause 4 above at
any time before the change in fees takes effect. If you terminate your membership under this clause, we will
not charge you a cancellation or administration fee.
17. Direct debits
17.1. Direct debits may be administered by us or by a third party appointed by us. We will provide you with the
respective direct debit form to complete when you join as a member. The direct debit facility will be used for
payment of all fees and amounts owed by you as they become due.
17.2. If a direct debit cannot be processed (eg: because of insufficient funds or changes to your bank account), we or
our agent may charge an administration fee.
17.3. 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.
17.4. 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.
17.5. You are required to submit the completed direct debit forms and any associated forms before the
commencement date of your membership.
17.6. If your payment date falls on a public holiday, the payment may be taken out of your account on the next
working day.
18. Termination
18.1. We may terminate your membership immediately if you materially breach any of these terms and conditions.
You will not be entitled to a refund in this case.
18.2. In the event your membership is terminated due to a non-payment of fees and there is an agreed minimum
term, the following cancellation charges will be added to your final invoice:
18.2.1. a cancellation fee of $25.00 for a membership with 30 days or less remaining on the membership.
18.2.2. a cancellation fee of $50.00 for a membership with 30 days or more remaining on the membership
term.
18.3. 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.
19. Our liability
19.1. Use of the facilities is entirely at your own risk and you are responsible for your property when you use the
facilities. Without limiting your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986,
neither Whanganui District Council nor any of our staff, employees or contractors are liable for any loss,
damage or physical or mental injury arising out of or in connection with your use of the facilities except to the
extent that we have caused or contributed to such loss or damage.
20. Your liability
20.1. You are responsible for any damage you cause to our equipment or the facilities, and you indemnify us against
any loss, damage or injury we suffer or incur from your actions at the facilities.
21. Variations to terms and conditions
21.1. We may amend or change these terms and conditions from time to time. Any such changes 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 leisure centres and on our website and social media pages.
21.2. If you are not happy with the change to these terms and conditions you may cancel your membership as set
out in Clause 4 above within 20 days of publication of such change. If you cancel your membership under this
clause, we will not charge you a cancellation or administration fee.
22. Assignment
22.1. We may assign or transfer any of our rights or obligations relating to your membership to a third party at any
time.
23. Publicity
23.1. 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 Whanganui District Council, the photographer or filmmaker and each
of their licensees from any and all claims and demands in connection with the material or its future use.
