Our Terms

Terms & Conditions

Terms & Conditions

1. Definitions

In these Terms and Conditions:

  • “State Swim” means State Swim Pty Ltd (ACN: 166 759 351), trading as State Swim;
  • “Booking” means any booking or enrolment in a swimming lesson or class;
  • “Casual booking” means an ad hoc, individual class booking;
  • “Regular booking” means a recurring class booking;
  • “Program booking” means a booking in a specific program (e.g. SwimVac);
  • “Customer portal” means State Swim’s online customer portal.
  • “Account holder” means the State Swim patron entering into this agreement

2. Acknowledgement

  1. On payment of the required fees, I acknowledge that I/my child will be bound by these Terms and Conditions. I agree I have read these Terms and Conditions carefully and agree to let State Swim know, in writing, if I have any questions

3. Books and Enrolment 

  1. As a State Swim patron (“you”, “your” or “I”), I understand that I/my child is entitled to swimming lessons at the times I have signed up to, until such a time that I cancel my booking(s) in accordance with these Terms and Conditions.
  2. Regular bookings may be made in-person ‘over the counter’, over the phone by calling the relevant State Swim school, or online through the Customer portal.
  3. Regular bookings may be made up to 14 days in advance and can be made at any time prior to commencement of a class.
  4. Casual bookings cannot be made online and must be made in-person or over the phone.
  5. Casual bookings can only be made less than 24 hours prior to commencement of a class.
  6. To make a booking, you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us, and the Account Holder and billpayer will be liable for all fees due.
  7. Once you have made a Regular booking or a Program booking, you will receive an email confirming the details of your booking.
  8. Bookings will only be confirmed once payment is received.
  9. Any change of details a member needs to make e.g. address, phone number, banking/payment details etc. should be made via the Customer portal.

4. Pricing and Payment

  1. For Regular bookings, monthly payments are made in advance via recurring payments from a nominated credit card or debit card on the 1st day of each month. The monthly amount will be confirmed at the time of booking. Regular bookings that are made mid-month will be reduced on a pro rata basis for the remainder of that month.
  2. If we are unable to automatically debit your fees after several attempts, State Swim will notify you of the failed payment. Outstanding payments can be paid via the Customer Portal. If payment remains outstanding at the end of the month, State Swim reserves the right to suspend your booking until the account is bought current.
  3. State Swim will notify you via e-mail if the State Swim location will be closed on a public holiday. Where a booking falls on a public holiday closure, fees will be automatically reduced for that month on a pro rata basis.
  4. Unless otherwise stated, all prices, fees and charges displayed on our website are in Australian dollars (AUD $). These prices include GST (Goods and Services Taxes) where applicable.
  5. Different swimming programs attract different fees. Your child’s swimming level will be continually assessed, and the fee may change as their level changes.
  6. Our fees & fee structure are subject to change at any time. We endeavour to provide at least 14 days’ notice of any price changes prior to the effective date.

5. Make-up vouchers

  1. If a Regular booking class cannot be attended, State Swim will issue a make-up voucher. Subject to this clause, a make-up voucher can be used to secure a Regular booking or a Program booking at no additional cost.
  2. To qualify for a make-up voucher, notice of absence must be provided prior to the lesson beginning. This can be provided via phone, email or through the Customer portal.
  3. You can view and redeem your make-up vouchers, including their expiration date, through the Customer portal. The redemption of make-up vouchers is subject to lesson availability.
  4. To redeem a make-up voucher, your account must be current with all outstanding fees.
  5. Make-up vouchers are valid for 3 months after their issue date, after which they will expire automatically.
  6. Any make-up voucher issued for a Booking made using a make-up voucher, will maintain the expiry date of the make-up voucher used for the initial Booking.
  7. Make-up vouchers cannot be refunded or exchanged for cash or offset against future fees or fees owing.
  8. Make-up vouchers can be transferred by the Account holder between swimmers within the same immediate family. To transfer a make-up voucher, please contact your State Swim school for assistance.

6.  Booking Cancelation and Refunds

  1. Any cancellation of a Regular booking must be done in-person or over the phone, prior to the 1st of the month.
  2. Requests for refunds in other circumstances can be made to the relevant State Swim school via email or in person. Any refunds granted may incur an administration fee.
  3. If you miss lessons due to a medical condition and wish to request a refund, please provide a medical certificate as documentation.

7. Communications and Privacy

  1. As a State Swim member, you may receive updates or promotional offers from us to keep you informed about our programs and services. We may also occasionally collaborate with trusted partners to offer additional benefits to your swimming journey.
  2. Our privacy statement is available at https://www.stateswim.com.au/privacy-policy/

8. Allergies and Medical Conditions

  1. State Swim must be informed of any allergies and medical conditions at the time of booking.
  2. Any changes to you or your child’s medical conditions must be made to your/your child’s profile as soon as practicable after the changes occur. If any changes are made in the lead up to a booking, please ensure you also notify the relevant CSO and Supervisor before the booking commences.
  3. If you or your child has a medical management plan (severe asthma or anaphylaxis reaction), a copy must be provided via email to the relevant State Swim school or in person to State Swim staff, at the time of or as soon as practicable after booking.
  4. If your child has any moderate i.e. non-life-threatening reaction/condition requiring medication, or severe i.e. life-threatening reaction/condition requiring medication, please contact State Swim to discuss the appropriate action required in advance of any booking.
  5. In the event of an emergency during participation of any booking, and you as the participant are unresponsive, or the parent/guardian of your child is not present or cannot be reached promptly, you hereby grant consent to State Swim to obtain any medical treatment reasonably deemed necessary or desirable for you or your child. You also agree to reimburse State Swim for any costs or expenses incurred in providing you or your child with such medical treatment.

9.  Conditions of Entry

  1. All members must abide by State Swim’s Conditions of Entry.
  2. All signs posted in State Swim venues should be considered part of the rules and regulations of the venue and must be complied with.
  3. Parents/Guardians must make themselves aware of the Safeguarding Children and Young People Policy as relevant to parents and agree to abide by it.
  4. Pool users are required to wear appropriate swimwear and attire, including any clothing and hygiene requirements prescribed for specific lesson types.
  5. All entrants are required to exercise reasonable precautionary health measures. Refrain from lessons if you or your child are suffering from any contagious disease e.g., conjunctivitis, rubella, flu, gastro, fever, common cold, sinus infections, sore throats, cold sores, ringworm, head lice or urinary tract infections.
  6. The use of cameras and mobile phones in change rooms or toilets is strictly prohibited. If you wish to take photographs or video footage of your child during a class, please discuss with and seek the approval of the supervisor first.
  7. State Swim reserves the right to refuse admission to any person or to cancel any booking without warning due to inappropriate behaviour and non-compliance with the Conditions of Entry.

10.  Change of Service

  1. State Swim reserves the right to alter and/or cancel any class, activity or access to facility space due to (but not limited to) the hosting of major events, swimming carnivals, routine or urgent maintenance, health & safety concerns, water quality or insufficient booking numbers.

11. Property

  1. State Swim takes no responsibility and bears no liability (in negligence or howsoever) for any lost or stolen items whilst members are in, on, or using our facilities. Lost property enquiries are to be directed to reception.

12. Supervision of Children

  1. State Swim instructors are not responsible for your children before or after their booking. Please ensure appropriate supervision at all times, subject to this clause, as well as prompt and timely collection of your child after their booking.
  2. Children under the age of 18 must be dropped off to an instructor and collected by a parent or guardian over the age of sixteen at the start and conclusion of every booking.
  3. Children under the age of 16 must be supervised by parents/guardians at all times within State Swim centres and while in the water.
  4. Children under 12 years of age are not permitted to enter the venue by themselves and must be supervised by their parent/guardian at all times.
  5. Children under the age of 5 must be within arm’s reach at all times by a parent/guardian over the age of 16.

13. Assurances

  1. State Swim maintains all qualifications, permits, registrations, and licences required for the performance of its services.
  2. All State Swim instructors are required to undergo a rigorous, lengthy training process in order to qualify as an instructor, including water safety and lifesaving techniques and training on instruction of various age groups/skill levels. State Swim Customer Service Officers receive additional first aid training. All State Swim instructors and relevant staff members hold current and valid Working with Children Checks, renewed at least every 3 years.

14. Interpretation of Rules

  1. Should any matter under these rules and regulations be subject to interpretation or multiple constructions, then the decision of State Swim management in relation to that question shall be final.

15. Release and Indemnity

  1. I acknowledge that swimming at any aquatic facility is or can be inherently, actually and/or potentially hazardous or dangerous and that mishaps, accidents, and injury (including death) can occur owing to poor physical fitness or condition, the acts or omissions of myself and/or others, equipment failure, wrong or poor technique, over-exertion or any other cause, whether foreseen or unforeseen and voluntarily assume all risk of damage and loss suffered during or arising out of participation in these activities.
  2. If the person who will be participating in the swimming lessons at the premises of State Swim is a minor, then I shall ensure that person abides by these Terms and Conditions as if that person were contractually bound to do so.
  3. I hereby declare that all particulars and details I have provided to State Swim are true and correct. I warrant that the person undertaking the swimming lesson is in a good state of health, fitness, and physical condition and that there is no medical or other reason whatsoever that could be regarded as a restriction upon or an impediment to participation in swimming lessons. I acknowledge and agree that during all such times as I am on the premises of State Swim or its surrounds, both my property and my person shall be at my own risk in every respect.
  4. I hereby release, exclude, and discharge State Swim and all employees, volunteers, agents, and officers thereof from and against all liability, in negligence or howsoever, arising from any injury, illness, or death or loss of or damage to property occurring to or sustained by me or any child of mine or who is under my care and control whilst in or at the premises of State Swim.
  5. I agree I am liable for any loss, damage or injury I may cause to myself, any minor for whom I am responsible, or others and agree to indemnify State Swim in respect of any claim or liability in respect of such loss, damage or injury.

16. Severability

  1. If the whole or any part of a clause of these Terms and Conditions is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable. The invalidity, unenforceability or severance of any part of these Terms have no effect on the remainder of the Terms and Conditions.

17. Entire Agreement

  1. These Terms and Conditions constitute the entire agreement between the parties and supersede all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

18. Jurisdiction

  1. These Terms & Conditions shall be governed by and construed in accordance with the law from time to time in the State of Western Australia, Australia. You agree that any disputes directly or indirectly arising out of these Terms or the Website will be resolved in the exclusive jurisdiction of the courts of Western Australia.

19. Variation

  1. These Terms & Conditions may be varied by State Swim from time to time. The most up to date version is available on our website.
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