Terms & Conditions

These Terms & Conditions apply to participation in Element Swimming programs. Additional conditions applying specifically to the Learn to Swim Program and Squad Program are set out below.

By enrolling or continuing an enrolment with Element Swimming, the responsible parent, guardian or adult swimmer agrees to these Terms & Conditions.

GENERAL TERMS & CONDITIONS

1. REGISTRATION FEE

All new families joining Element Swimming will be charged a one-off $30 registration fee per swimmer.

This fee is payable once only for the duration of the swimmer's enrolment with Element Swimming.

2. FEES & PAYMENTS

Fees are payable monthly in advance via the direct debit payment method registered in iClassPro. The regular billing date is the 1st of each month.

When a swimmer first enrols, the initial payment will be pro-rated so that payment is made only for the period from the swimmer's commencement date to the end of that month. From the following month, fees will be billed automatically on the 1st of each month.

It is the account holder's responsibility to ensure their nominated payment method remains valid and that sufficient funds are available when payment is due.

Element Swimming may change its fees by providing at least 14 days' written notice by email. If you do not wish to continue following a fee increase, you may cancel your enrolment in accordance with the cancellation terms before the new fees take effect.

Fees remain payable when a swimmer is absent due to personal circumstances, subject to the specific provisions applying to the Learn to Swim and Squad Programs below.

Account Responsibility

Each family account must have one nominated responsible party who is responsible for all fees and payments associated with the account.

Element Swimming does not facilitate the splitting of fees or payments between parents, guardians or other parties. Any private arrangement to share swimming costs must be managed directly between the parties involved.

The nominated account holder remains responsible for ensuring all fees are paid in full and by the required due date, regardless of any private payment arrangement.

Element Swimming will not become involved in family, parenting or financial disputes and is not responsible for determining, dividing or recovering each party's share of fees.

3. CHANGES & CANCELLATIONS

All enrolments are perpetual (ongoing) and direct debit payments will continue until written notice of cancellation is received.

To change or cancel an enrolment, please email info@elementswimming.com.au at least seven (7) days before your next billing date.

The request will take effect from the following billing cycle. Requests received less than seven days before a billing date, or after billing has already been processed, will take effect from the subsequent billing cycle.

Fees already billed are non-refundable except where Element Swimming determines otherwise or where required by law.

Credits or refunds will not ordinarily be provided for lessons or sessions missed prior to written notification of cancellation.

Cancellations will not be finalised while amounts remain outstanding on the account.

Where withdrawal is required for medical reasons, please contact Element Swimming by email as soon as possible.

Changes to or cancellation of direct debit arrangements cannot be accepted verbally and must be submitted in writing by email.

4. PUBLIC HOLIDAYS & PROGRAM BREAKS

Learn to Swim

Learn to Swim lessons are not conducted on public holidays.

Families are not charged for Learn to Swim lessons that fall on a public holiday, and therefore no make-up lesson is required or provided for these sessions.

Squad Program

Participation in the Squad Program is considered an annual involvement. The total fees for the year are averaged across 12 months to provide a consistent monthly fee.

The same monthly Squad fee is therefore payable for all 12 months of the year, including months containing public holidays, school holidays, scheduled training breaks or other published program breaks.

No credit, refund or reduction in Squad fees is ordinarily provided for these scheduled breaks, as they have already been accounted for when calculating the annual fee and monthly payment amount.

5. CHANGEROOMS

To maintain a safe and appropriate environment for children and adults at our facilities, all parents and guardians must comply with the following changeroom requirements:

• Parents or guardians may enter the changeroom corresponding with their own gender to assist their child.
• Parents or guardians must not enter an opposite-gender changeroom under any circumstances.
• At Indooroopilly, parents or guardians may use the first shower closest to the pool to shower a child of either gender where required. Shower doors must remain open.
• At Indooroopilly, parents or guardians may ask Element Swimming staff for permission to use the staff changeroom to toilet or change their child. Staff changerooms are not available at our other locations.

Breaches of this policy may be reported to the relevant school and may result in suspension or termination of the swimmer's enrolment.

6. ARRIVAL AND COLLECTION

Please ensure swimmers arrive approximately five minutes before their scheduled lesson or training session and are collected promptly at the conclusion of the session.

If you expect to be late collecting your child, please notify Element Swimming.

Parking can be particularly busy during school pick-up periods, especially between approximately 2:45pm and 3:30pm. Please allow sufficient time to arrive for your lesson or training session.

7. HEALTH, SAFETY & PARTICIPATION

Swimmers must follow all reasonable safety directions provided by Element Swimming coaches, staff, authorised representatives and facility personnel.

Parents, guardians and adult swimmers must advise the swimmer's coach and notify Element Swimming in writing at info@elementswimming.com.au of any injury, illness or other condition that may reasonably affect the swimmer's ability to participate safely.

Swimmers should not participate when they are unable to do so safely and must immediately advise their coach if they become unwell or injured during a session.

Element Swimming coaches and staff do not provide medical advice. Appropriate medical advice should be sought where required.

Swimmers must not attend training or lessons if, within the previous 24 hours, they have experienced:

• a fever above 38°C;
• vomiting or diarrhoea; or
• an open wound, skin lesion, or eye, ear or nose discharge.

Swimmers who have experienced diarrhoea must not enter the pool for 14 days after symptoms have ceased, consistent with Queensland Health recreational water guidance.

Following a significant injury, illness or surgery, Element Swimming may require written medical clearance before a swimmer returns and/or may require the swimmer to undertake a modified training program.

Squad swimmers requiring an extended absence should also refer to the Adjustments to Squad Accounts – Serious Injury or Illness provision below.

8. MEMBER CONDUCT & RESPONSIBILITIES

All swimmers, parents and guardians are expected to contribute to a safe, respectful, inclusive and positive environment.

Members must:

• behave appropriately and respectfully towards coaches, other swimmers, parents, volunteers, officials, facility staff and other members of the community;
• follow reasonable directions given by Element Swimming coaches, staff or authorised representatives;
• comply with the rules, policies and conditions of use of the facility in which the program operates;
• behave in a manner that supports a safe, inclusive and positive training environment;
• not engage in threatening, abusive, bullying, harassing, discriminatory, disruptive or otherwise inappropriate behaviour;
• not coach, instruct or direct other swimmers during Element Swimming sessions unless authorised by Element Swimming; and
• take reasonable care of equipment and provide their own training equipment where requested by their coach.

Where a swimmer is under 18, these requirements also apply to their parent or guardian while attending or participating in Element Swimming activities.

Element Swimming may communicate additional reasonable requirements relating to the operation, safety and conduct of its programs from time to time.

Element Swimming operates programs at facilities that it does not own or control, and all participants must comply with applicable facility rules and requirements.

9. RESPECTFUL CONDUCT

Verbal or physical abuse towards Element Swimming staff, swimmers, children, parents, guardians or other members of the community will not be tolerated.

Element Swimming is committed to providing a safe and enjoyable environment for swimmers, families and staff, and we appreciate everyone's cooperation in maintaining this environment.

10. ACTION FOR NON-COMPLIANCE

Where a member does not comply with these Terms & Conditions, reasonable Element Swimming requirements or applicable facility rules, Element Swimming may take reasonable and proportionate action.

Depending on the circumstances, this may include:

• a warning;
• a direction to modify behaviour;
• removal from a lesson, training session or activity;
• temporary suspension from an Element Swimming program; or
• termination of enrolment.

Element Swimming may take immediate action where reasonably necessary to protect the safety or wellbeing of a swimmer, another person, the program, the facility or Element Swimming.

Where a matter is serious or ongoing, Element Swimming may also take action under any applicable governing-body, facility or other formal process.

11. NON-ATTENDANCE

Element Swimming reserves the right to cancel an enrolment where a swimmer has not attended for two consecutive weeks and we have been unable to obtain a response from the family following email contact.

The swimmer's place may then be offered to the next swimmer on the waitlist.

Refunds, credits or make-up lessons will not ordinarily be provided for sessions missed during this period, except where required by law.

12. CANCELLATIONS OUT OF OUR CONTROL

Element Swimming may occasionally need to cancel, shorten, relocate or reschedule a lesson or training session due to circumstances outside our reasonable control.

These circumstances may include:

• thunderstorms, lightning or severe weather;
• pool or facility closures;
• pool or plant equipment failure;
• unsafe water or facility conditions;
• school closures;
• emergency situations; or
• other circumstances that make it unsafe or impractical for a scheduled session to proceed.

Lessons will generally continue during rain or wet weather unless conditions are considered unsafe.

Where a session needs to be cancelled, affected families will be notified through the Element Swimming app and/or email as soon as reasonably practicable. Unless you receive notification otherwise, please assume your lesson or training session is proceeding as scheduled.

Where a Learn to Swim lesson is cancelled before commencing, or less than 50% of the scheduled lesson has been completed, Element Swimming will endeavour to provide a make-up lesson or another reasonable alternative.

Where more than 50% of the scheduled lesson has been completed, the lesson will generally be considered delivered and a make-up lesson will not ordinarily be provided.

Refunds or credits are not ordinarily provided for cancellations arising from circumstances outside Element Swimming's reasonable control. Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

13. CLASS SCHEDULING

Classes, training sessions and timetables may occasionally change due to enrolment demand, class sizes, coach availability, facility availability, weather conditions or other operational requirements.

Element Swimming will endeavour to provide families with reasonable notice of changes wherever practicable.

14. PERSONAL PROPERTY

Element Swimming is not responsible for personal belongings that are lost, stolen or damaged at our facilities, except to the extent that liability cannot lawfully be excluded.

We recommend clearly labelling swimmers' belongings with their name.

15. PHOTOGRAPHY, FILMING & RECORDING

Element Swimming may periodically take photographs or videos during lessons, training sessions, competitions and other activities for coaching, promotional, website and social media purposes.

Element Swimming will respect the photography and media consent preferences recorded for each swimmer.

Where consent has been declined, Element Swimming will take reasonable steps to ensure identifiable photographs or videos of that swimmer are not used for promotional, website or social media purposes.

Personal information such as a swimmer's surname or age will not be published with promotional material unless appropriate consent has been obtained.

LEARN TO SWIM PROGRAM

The following conditions apply specifically to swimmers enrolled in Element Swimming's Learn to Swim Program, in addition to the General Terms & Conditions above.

16. MAKE UP POLICY

Learn to Swim students are eligible for one make-up lesson per month per class, provided the absence is reported through the app at least one hour before the swimmer's scheduled lesson.

Make-up lessons are available only to swimmers who remain actively enrolled and whose account is up to date.

Make-up tokens:

• are valid for 12 weeks from the date of issue;
• are subject to class availability;
• have no cash or refund value;
• cannot be extended once expired; and
• cannot be rescheduled once a make-up lesson has been booked.

Availability of a suitable make-up lesson cannot be guaranteed.

Regular attendance is important for swimming development, so we ask families to use make-up lessons primarily for illness or occasional unavoidable absences.

17. WAITLISTS

Each swimmer may be added to a maximum of two waitlists at no charge.

Waitlists must be for the swimmer's current assessed level, rather than the level above.

When a place becomes available, families will receive an automated email inviting them to accept or decline the position. Please follow the instructions provided or contact Element Swimming to confirm your place.

SQUAD PROGRAM

The following conditions apply specifically to swimmers participating in the Element Swimming Squad Program, in addition to the General Terms & Conditions above.

18. SQUAD FEES & ANNUAL PARTICIPATION

Participation in the Squad Program is considered an annual involvement.

The total fees for the year have been averaged across 12 months to provide a consistent monthly payment. The same monthly Squad fee is therefore payable for all 12 months of the year.

Squad fees remain payable during:

• public holidays;
• school holidays;
• scheduled training or program breaks;
• camps, meets and events;
• personal holidays; and
• individual swimmer absences.

These periods have been taken into account when calculating the annual Squad fee and monthly payment amount.

A swimmer's non-attendance does not ordinarily result in a reduction, credit or refund of Squad fees, subject to the serious injury or illness provision below.

19. Adjustments to Squad Accounts – Serious Injury or Illness

Where a swimmer suffers a serious injury or illness that requires a prolonged absence from training of more than two consecutive weeks, consideration may be given to an adjustment to the swimmer's account in the following month.

Any adjustment will be considered on a case-by-case basis, taking into account the circumstances and expected duration of the swimmer's absence.

Element Swimming may request supporting medical documentation where reasonably required.

An adjustment is not automatic and remains at Element Swimming's discretion, subject to any rights or remedies available under applicable law.

20. Squad Trials & Visiting Swimmers

Trial and visiting attendance is available at Element Swimming's discretion and must be arranged in advance by emailing info@elementswimming.com.au.

Visiting swimmers are bound by these Terms & Conditions while participating in the Element Swimming Squad Program.

21. Acceptance of Terms & Conditions

By enrolling in, participating in or continuing an enrolment with Element Swimming, the responsible parent, guardian or adult swimmer acknowledges that they have read and agree to these Terms & Conditions.

These Terms & Conditions should be read together with any additional policies, program information or facility requirements communicated by Element Swimming from time to time.