Terms and conditions for fixed and flexi payment members of Council recreation and sport centres.
In this agreement unless the context otherwise requires:
2.1 This Agreement is between the Member ("you") and the Council and applies to your access to, and your use of, the 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 Council 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.
3.1 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.
4.1 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 Membership Termination Form in person at a Council 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.
5.1 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.
6.1 The group membership discount offers groups who have 10 or more active members at Christchurch City Council Recreation and Sport Centres a 20% 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:
Checking may be undertaken by the Recreation and Sport team to ensure compliance with the above list.
6.2 Monthly reports will be run by Recreation and 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.
7.1 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 Council Recreation and 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.
8.1 You agree to comply at all times with:
8.2 You must not carry out any offensive, threatening, inappropriate, dangerous or illegal activities on Council 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.
9.1 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 Council 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:
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.
10.1 Subject to clause 10.2 and 10.3, 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.
10.2 A Flexi Membership may not be frozen within the Minimum Period, retrospectively or if the membership account is in arrears.
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 5 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 our amending the direct debit for the first payment before the freeze period to include the broken period between reactivation of membership and your first payment date after reactivation.
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 before the freeze period to include the broken period between reactivation of membership and your first payment date after reactivation.
11.5 A membership freeze cannot be applied retrospectively.
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:
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 12.3 and 12.5, 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 16.1) to this Agreement, the Membership Booklet and/or the Rules of Use.
13.1 From time to time, we may have to or choose to close parts of our 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 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 flexi members with a one week freeze, and fixed members with a one week membership extension.
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 Council 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.
15.1 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, tortious, criminal, reckless or dishonest errors, acts or omission of you in relation to your use of the Council Recreation and Sport Centres and exercise of your rights under this Agreement. This indemnity survives the termination of this Agreement.
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.
17.1 Where you cancel this Agreement during the cooling-off period noted on the front of the 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.
18.1 Our address for notices is:
Recreation and Sport Unit
Administration Team 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.