Aquatics Membership Terms and Conditions

For publication on the Maitland City Council website and Xplor Recreation Member Portal.

1. General Information

These Terms and Conditions apply to memberships, passes, aquatic programs, learn to swim programs, squad programs, online services and related transactions provided by Maitland City Council Aquatic Facilities.

By purchasing a membership, enrolling in a program, making a booking, creating an online account, or using Council's aquatic services, you agree to comply with these Terms and Conditions.

The current version of these Terms and Conditions is available through the Xplor Recreation Member Portal and on Maitland City Council's website at:

www.maitland.nsw.gov.au/services/aquatics-pools/membership-and-passes

Copies may also be requested from Council's aquatic facilities.

2. Changes to Terms and Conditions

Maitland City Council may amend these Terms and Conditions from time to time to reflect operational, legislative, safety, technology or service changes.

The most current version of these Terms and Conditions will be published through the Xplor Recreation Member Portal and on Council's website at:

www.maitland.nsw.gov.au/services/aquatics-pools/membership-and-passes

Where significant changes are made, Council may notify members using the contact details held on their account. Continued use of memberships, programs, bookings or online services after an update constitutes acceptance of the revised Terms and Conditions.

3. Online Account and Member Portal Use

Members may be required to create and maintain an account through Council's online membership and booking platform, Xplor Recreation.

Members agree to:

• Provide accurate and current information.
• Maintain the security of their account login credentials.
• Update their details when changes occur.
• Not share access to their account with another person.
• Ensure all bookings, purchases and registrations made under their account are authorised.

Council reserves the right to suspend or restrict access to online services where misuse, fraudulent activity or breaches of these Terms and Conditions occur.

Council does not guarantee uninterrupted access to online services and may undertake maintenance or system updates from time to time.

4. Conditions of Entry

All patrons entering a Maitland City Council aquatic facility must comply with the facility's Conditions of Entry, facility rules, safety requirements, signage and lawful directions given by Council staff.

Council reserves the right to refuse entry to, or remove from the facility, any person who:

• Fails to comply with the Conditions of Entry.
• Acts in a manner that is unsafe, disruptive, abusive or offensive.
• Places themselves, staff or other patrons at risk.
• Causes damage to Council property.
• Fails to follow reasonable staff instructions; or
• Breaches these Terms and Conditions.

Patrons are responsible for ensuring they are familiar with and comply with the current Conditions of Entry displayed at Council aquatic facilities and published by Council from time to time.

Patrons must also comply with all supervision requirements, hygiene requirements, photography and privacy requirements, behaviour standards, and safety directions contained within the Conditions of Entry as amended from time to time.

Patrons must report injuries to staff as soon as practicable and must not bring prohibited weapons or drones into Council aquatic facilities.

Council reserves the right to inspect bags and personal belongings where there are reasonable safety, security or compliance concerns.

Camera-enabled devices, including smart glasses, wearable cameras and similar recording technologies, must not be used to capture images or recordings of patrons without their consent. Council staff may direct patrons to cease recording activities where privacy, safety or operational concerns arise.

 

 

5. All Passes

Pass holders must comply with the Conditions of Entry and all other applicable facility rules. Passes, cards and fobs remain the property of Maitland City Council.

Passes/cards may be withheld from any non-financial account holder.

Council reserves the right to refuse entry, suspend, cancel or revoke any membership, pass, booking or program participation at its absolute discretion where necessary for safety, operational or conduct reasons.

Passes and cards:

• Can only be used by the registered holder.
• Are not transferable.
• Are not exchangeable or refundable unless required by law.
• Attract a replacement fee if lost, stolen or damaged.

 

6. Pool Memberships

Memberships are available for use at Maitland City Council operated aquatic facilities.

Memberships provide the registered holder with unlimited general entry for the membership period commencing from the date of purchase.

Memberships:

• Are not transferable.
• Cannot be shared.
• Must only be used by the registered member.

Family memberships provide access only to those family members listed and registered on the membership.

Concession memberships are available to eligible children and concession card holders upon presentation of suitable evidence.

 

7. Visit Passes

Visit passes may be used at Maitland City Council operated aquatic facilities.

Visit passes:

• Are valid for 12 months from the date of purchase.
• Apply to general entry only.
• Do not include participation in aquatic programs unless otherwise stated.
• Are not transferable.
• May only be used by the registered card holder.

The NSW Companion Card allows entry for the card holder and their support person for a single applicable fee.

 

8. Aqua Fitness Programs

Aqua fitness programs include recreational swimming access immediately before and after the class for the participant only.

Programs may be purchased:

• Per visit; or
• In applicable pass quantities.

Multi-visit passes are valid for 12 months from the date of purchase.

Bookings may be required for selected classes.

Aqua fitness programs are not recommended for children under 10 years of age unless otherwise approved by Council.

Passes are not transferable and may only be used by the registered participant.

The NSW Companion Card allows entry for the card holder and their support person for a single applicable fee.

 

9. Squad Programs

Bookings are required for squad programs.

Fees are charged by direct debit based on the number of scheduled weekly sessions booked over each calendar month.

Multiple session discounts may apply to the same participant.

Failure to attend a session does not entitle the participant to a refund or credit.

Participants wishing to withdraw from the program must provide notice in accordance with Council's cancellation requirements.

Active Kids vouchers may only be applied where eligibility requirements are met.

 

10. Direct Debit Conditions

By entering into a direct debit arrangement, members authorise Council and its payment provider to debit the nominated account.

Members acknowledge:

• Debits will continue until a cancellation request is approved.
• A minimum of 30 days written notice is required for cancellation.
• Three failed payments without satisfactory repayment arrangements may result in suspension or cancellation of memberships or bookings.
• Outstanding fees remain payable.
• Failed payment fees may apply.

Council reserves the right to refer outstanding debts for recovery where necessary.

 

11. Bookings

Bookings, cancellations and enquiries can be made through:

• The Xplor Recreation Member Portal.
• Council's aquatic facilities.
• Phone: (02) 4933 5073.
• Email: aquatics@maitland.nsw.gov.au.

Council may vary timetables, class schedules, operating hours and service availability as required.

 

12. Refunds, Suspensions and Missed Classes

Refunds are generally not provided for missed classes, lessons or sessions.

Where appropriate notice is provided and supporting documentation such as a medical certificate is supplied within seven (7) days, Council may consider a membership suspension, credit or alternative arrangement at its discretion.

Nothing in these Terms and Conditions limits any rights available under applicable consumer laws.

 

13. Risk Acknowledgement and Waiver

Participation in aquatic activities carries inherent risks including physical injury, illness and accidents arising from physical activity and aquatic environments.

Participants and parents/guardians:

• Accept those risks.
• Agree to comply with all facility rules and staff directions.
• Authorise Council staff to arrange emergency medical treatment where required.
• Accept responsibility for any associated medical, ambulance or treatment costs.

Parents and guardians must comply with Royal Life Saving Australia's Keep Watch supervision guidelines at all times.

Parents and guardians acknowledge that children under 6 years and non-swimmers must remain within arm's reach of a responsible adult aged 18 years or over at all times, and that children aged 6 to 13 years must be supervised by a responsible person aged 16 years or over whilst within the aquatic facility.

 

14. Hygiene Requirements

Council supports NSW Health's Clean Pools for Healthy Swimming guidelines.

Patrons must:

• Ensure children use the toilet before entering pools.
• Use approved swim nappies and waterproof pants where required.
• Change nappies in designated facilities only.
• Dispose of waste appropriately.
• Wash hands thoroughly after nappy changes.
• Refrain from entering pools if they have experienced diarrhoea within the previous two weeks.
• Do not enter the pool if unwell.
• Do not enter the pool with open wounds unless securely covered.
• Soap, detergents and other substances must not be used in Council pools.

Council may refuse entry where hygiene requirements are not met.

 

15. Medical Conditions

Participants may be asked to provide information regarding relevant medical conditions, disabilities, allergies, health considerations or support requirements where reasonably necessary to support participant safety, emergency response, accessibility requirements, program suitability or service delivery.

Any health information provided will be managed in accordance with applicable privacy and health records legislation and Council's privacy management requirements.

Participants are responsible for notifying Council of any information that may reasonably affect their safe participation in aquatic activities or programs.

 

 

16. Facility Emergency and Evacuation

In the event of an emergency, evacuation or critical incident, patrons must immediately follow staff instructions.

Failure to comply with emergency directions may result in removal from the facility.

 

17. Photography and Recording

Patrons must respect the privacy and safety of all facility users.

Photography and video recording are permitted only where they do not interfere with the safety, privacy or enjoyment of other patrons.

• Photography and video recording must not occur without the consent of the individual being photographed or recorded.
• Photography and video recording should be limited to members of a patron's immediate family or group.
• Photography and video recording of children who are not part of a patron's immediate family or group is prohibited.
• Photography and video recording are strictly prohibited within change rooms, toilets, showers and other areas where privacy may reasonably be expected.
• Mobile phones, action cameras, smart glasses, wearable recording devices and other camera-enabled devices must not be used to record or photograph other patrons without consent.
• Commercial photography, media activity and organised filming require prior written approval from Council.

  Where Council wishes to use photographs or recordings for promotional, marketing or publicity purposes, separate consent will be obtained from the individual or, where applicable, their parent or guardian.

  Council may undertake photography, video recording or CCTV monitoring for operational, safety, security, incident management or compliance purposes where authorised by law and Council policy.

   

   

  18. Privacy and Personal Information

  Maitland City Council collects, stores, uses and discloses personal information in accordance with applicable privacy legislation and regulatory requirements, including:
• Privacy and Personal Information Protection Act 1998 (NSW);
• Health Records and Information Privacy Act 2002 (NSW);
• Privacy Code of Practice for Local Government; and
• Council's Privacy Management Plan, Privacy Policy and Data Breach Management procedures.

Information collected may be used for:

• Membership administration;
• Program and service delivery;
• Bookings and facility access;
• Customer communication;
• Payment processing;
• Safety, risk management and emergency response; and
• Other purposes authorised or required by law.

Further information regarding Council's privacy practices is available on Council's website or by contacting Council directly.

 

 

19. Digital Services and Third-Party Providers

Council uses contracted technology, software and payment service providers, including Xplor Recreation and associated payment processing providers, to support the administration and delivery of aquatic services.

Personal information may be collected, stored, processed or transmitted through these systems for purposes including membership management, program enrolments, bookings, payments, communications and facility access.

Where third-party providers process personal information in connection with Council services, Council takes reasonable steps, including appropriate contractual, privacy and security controls, to ensure information is managed appropriately and in accordance with applicable legislative requirements.

Use of Council's online services may require personal information to be processed through these systems for the administration of aquatic services.

 

 

20. Marketing Communications

Members may choose to receive marketing communications from Council.

These communications may include:

• Newsletters.
• Program updates.
• Facility information.
• Promotions.
• Events and special offers.

Members may unsubscribe at any time via the unsubscribe function in the communication or by contacting Council.

 

21. Consent and Acknowledgement

The person accepting these Terms and Conditions confirms that:

• All information supplied is accurate.
• They have authority to provide information relating to any dependent or family member included on the account.
• They will notify Council of any changes to their details.
• They have read and understood these Terms and Conditions.
• They agree to comply with all applicable facility rules, program requirements and Council policies.

 

Point of Online Acceptance

I acknowledge that I have read and agree to Maitland City Council Aquatics Membership Terms and Conditions. I understand that the current version of these Terms and Conditions is available through the Xplor Recreation Member Portal and on Council's website at www.maitland.nsw.gov.au/services/aquatics-pools/membership-and-passes.