Terms & Conditions

AUT Millennium Family Discount Terms and Conditions

Effective from 14/10/2024

By accepting the offered AUT Millennium Family Discount, you agree to the following terms and conditions:

1. Eligibility

• Must have a direct family member with an active membership in either Swim School or Athlete Development.
• The Family Discount is available only on standard 6-month term memberships. It does not apply to senior or student rates or any other membership offered at AUT Millennium.
• All payment frequencies for the 6-month membership are applicable
•  

2. Discount Structure

• The Family Discount is structured as follows:
  • 1st parent/family member: 10% discount on membership fees.
  • 2nd parent/family member: 15% discount on membership fees.
• The discounts will be automatically applied at the specified rates upon sign up.

3. Joining Fees

• There will be no joining fee for parents or family member joining under the Family Discount. This discount will automatically apply.

4. Discount Renewal

• Discounts are renewable every 6-months but only if the child is still a member in the eligible programmes. Renewal is required at 6-month intervals and is up to the individual to ensure the discount is renewed. End date will be set for the discount period.
• Renewal of discount is only to a 6-month membership contract. Contract can’t be changed and retain the family discount. For example: The member upgrades membership to a 1-Year All Access Membership, discount cannot be renewed.

5. Discount Policy

• Discounts will not be backdated; new family discounts apply only to new 6-month contracts.
• Having one or more children in either Swim School or Athlete Development qualifies a maximum two parents or family members with a discount
• Cancellation fees apply for members in current fixed term contracts if choosing to change from a current All Access Membership that has time remaining in in the term.
• 30-day notice period does not apply if upgrading from an All-Access Flexi membership. The membership upgrade will happen from the next payment date for the desired payment frequency.
• Upfront membership changes can be reviewed on a case-by-case basis by the Gym/Memberships manager.

6. Membership Freezing

• Members may freeze their membership; however, this will not extend the duration of the discount for direct debit memberships.

7. Terminology and Eligibility

• Parents and direct family of the person enrolled for Swim School or Athlete Development are the only people eligible. Eligibility will remain at the discretion of the Gym/Sales Manager.

8. Changes to Terms

• We reserve the right to modify these terms and conditions at any time. Members will be notified of any changes via email.

9. Membership Parking

• Family discount members will be able to register up to two registration plate details for car parking.
• Total parking time limit per plate, per day is 4 hours (to accommodate gym visit and/or dropping children to Swim school and/or Athlete Development)
• Members are responsible for registering their plate details with Gym Reception for family discount membership, to ensure 4-hour limit can be applied.

10. Contact Information

• For questions regarding the Family Discount or these terms, please contact us at [email protected] or 09 477 2011.

By signing up to an AUT Millennium Family Discounted membership, you acknowledge that you have read, understood, and agree to these terms and conditions.

AQUATIC MEMBERSHIP TERMS AND CONDITIONS

 Terms and Conditions of AUT Millennium Aquatic Membership 

1. PARTIES TO THIS CONTRACT 

This contract is between the Applicant (“you” or “the member”) and AUT Millennium Trust (referred to as “AUTM”, “we” or “our”)

2. MEMBERSHIP PERIOD 

You agree that you will join our centre for the Minimum Period as specified in the Membership Agreement, subject to the member’s right to suspend the membership under Clause 6. After this period, you may renew your membership on a standard membership rate applicable at the end of your membership period.

3. AQUATIC CENTRE MEMBERSHIP ENTITLEMENTS 

Your membership entitles you to make full use of centre aquatic facilities on a first come first served basis.  Included in your membership is use of the AUT Millennium’s two 50M Olympic-size Pools (subject to availability when major events or maintenance on the pools are scheduled), and aquatic group fitness classes.

Any additional services such as swimming lessons, have an additional cost. At times the National Aquatic Centre will be hosting events. During this time there will be no swimming available for the public or members. Members will be given adequate notice of these events.

Personal Trainers and other specialists may operate from AUTM premises. They are not employees or agents of ours but operate as independent businesses. Where you choose to make use of their services, you enter into a contract directly with them and pay them separately. You will continue to be bound by the AUTM Code of Conduct, rules, etiquette and these terms and conditions when contracting a personal trainer. You agree that AUTM has no liability for any acts or omissions of any personal trainer you engaged, whether that personal trainer was recommended by AUTM or not.                  

4. PAYMENT TERMS

Upfront memberships:

A one-off payment is required up front for the term you have agreed to, which is non-refundable.

Direct Debit Memberships:

During the term specified on your membership agreement you will pay Regular Payment Fees. The Regular Payment Fees are set out in our Fee Schedule (as amended from time to time). You agree to pay:

a) A payment in advance covering all Membership Regular Payments which fall due before your direct debit can be activated. This payment will be adjusted on a pro rata basis to bring your membership up to standard payments date;

b) Further Regular Payments, to be made in advance by direct debit to us from your designated bank account or credit card beginning on the date specified in the Membership Agreement. You must agree to the online terms and conditions before we will accept this contract. You agree to notify us if you change your bank account/credit card or update your bank/credit card details yourself via our online member portal. After the end of the Minimum Period, your Regular Payments will continue until you advise us otherwise with 14 days notice in writing. Members can give notice 14 days before the Minimum Period expiry date, so that their membership will terminate when the Minimum Period expires.

We undertake not to increase the Regular Payment Fee during the Minimum Period. If we increase the Regular Payment Fee after the end of the Minimum Period, we will give you two months notice in writing. This two month’s notice period allows the member reasonable time to consider the fee change and then give 14 days notice of termination under Clause 8. 

5. FACILITY RULES 

You agree to be bound by our rules, etiquette and Code of Conduct which we may amend from time to time at our discretion. You agree to comply with any instructions given to you by AUTM staff. You must not carry out any illegal acts on centre premises and you must comply with our health and safety requirements, including those directed to your own health and safety. Behaviour that is discriminatory, bullying, harassing, threatening, racist, sexist, violent, abusive or otherwise inappropriate towards others, in person or online will not be tolerated. If you carry out any activity or behaviour that breaches our rules, etiquette and/or Code of Conduct we reserve the right to require you to leave the centre immediately and AUTM is entitled to terminate your agreement with us without refund.

6. SUSPENSION OF MEMBERSHIP 

You are entitled to suspend your membership. You may suspend for a minimum of 7 days and up to a maximum of 90 days per suspension. You may suspend your membership for up to six times per year. A suspended membership is not deemed to be part of a termination/notice period. If you are on an upfront contract suspended days will be added to the end of your contract.                 

7. TRANSFERS 

Flexible memberships are not transferrable.  

Upfront memberships are transferrable for a nominal fee of $120. If the Membership Agreement has special terms the new contract holder must also meet these terms.

8. TERMINATION OF THIS AGREEMENT 

By AUTM

AUTM may at its sole discretion, terminate this agreement and your entitlement to use our facility without refund if you:

a) Fail to comply with our “Code of Conduct”.

b) Fail to make a payment to us when due

c) Fail to adhere to these terms and conditions.

d) Fail to swipe your access tag when entering to use the facilities.

e) Fail to comply with any instruction from AUTM staff.

f) Assist any unauthorised person with entry into our facility.

g) Carry out any activity or behaviour that is considered to be offensive or a danger to you or any person.

AUTM may, at its sole discretion, without giving any reason suspend and/or terminate your membership and ban you from its facilities.

By you:

Flexible memberships: After the end of the Minimum Period, you can terminate this contract without penalty. It is your responsibility to provide us 14 days’ notice in writing of your intention to terminate. Termination is effective once you receive confirmation from AUTM. A membership must be “active” (i.e. not on suspension) for the 14 days’ notice to be valid. We will be entitled to continue to regularly debit your fees on the agreed basis until we receive your written notice.

Up Front Memberships: After the end of the Minimum Period, you are not required to give notice to cancel as your membership will expire. You may receive a reminder about renewal.

9. EMAIL COMMUNICATION 

You agree to allow AUTM to send you relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.

10. OVERDUE PAYMENTS 

It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit.

If any of your direct debits fail, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We may charge you our reasonable administration costs for that payment missed and/or subsequent missed regular payments. If your account with us is more than 4 weeks in arrears, we reserve the right to terminate your membership. In the event you are still within a Minimum Period, you will remain liable for the payments until the end of that period. If the payments are not made, we can send it to a collection agency. If we so, you must pay all reasonable collection costs including actual solicitor’s fees.

11. OUR LIABILITY TO YOU 

You have rights under the Consumer Guarantees Act 1993. Subject to those rights you agree that:

a) We will not be liable for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property whatsoever and howsoever arising.

b) We will not be obliged to give your any refund if you fail to use your membership or if you terminate your contract within the Minimum Period for any reason.

12. HEALTH 

You agree that:

a) You have been advised to consult a doctor before using any of the centre facilities and will follow any instructions or advice given by them.

b) You do not suffer from any physical, medical or mental condition that may be aggravated by your use of the centre facilities.

c) You consent to receive medical treatment in the case of illness or injury connected with your use of the centre facilities, and that AUTM will not be liable for any claims or expenses howsoever in respect of that treatment or treatment thereafter.

13. PERSONAL INFORMATION 

You authorise AUTM to collect, retain and use personal information about you for the purpose of providing services to you, assessing your creditworthiness, statistical analysis, enforcement of any legal or other rights AUTM may have against you in any manner it sees fit and, subject to the Unsolicited Electronic Messages Act 2007 sending you any advertising promotional material about AUTM and to enable AUTM to communicate with you for any purpose.

You have the right under the Privacy Act 1993 to obtain access to and request correction to any personal information concerning you held by AUTM.

14. VARIATION OF TERMS AND CONDITIONS 

AUTM reserves the right to vary these terms and conditions.  Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by post, email or publication at AUTM’s facilities or on our website.

ATHLETE DEVELOPMENT ACADEMY TERMS & CONDITIONS

1. PARTIES TO THIS CONTRACT

This contract is between the Applicant (“you” or “the Member” or the legal guardian, if under 18) and Athlete Development at AUT Millennium Trust (referred to as “AD”, “AUTM”, “we” or “our”)

2. MEMBER PORTAL

We have an online member portal to help you keep track of your Academy membership, such as bookings and payments. In our communications with you, we’ll ask you to refer to information or take action in the member portal. This can be accessed via the our website.

3. FEES

a) Fees for Academy depend on how many sessions your child has per week.

b) You may nominate how many sessions the athlete will have each week at the time of booking at which point the times and location of each session and the cost per fortnight will be confirmed with you.

c) Fortnightly Payment option: Payment is made in advance by fortnightly direct debit on Thursdays until you decide to terminate Academy sessions in accordance with these terms and ff the Thursday falls on a public holiday, payment will come out on the next working day. You will be able to see upcoming payments in your member portal.

d) Upfront payment option: Upfront payments per term are non-refundable. You must give us 14 days’ notice before the start of the next term, if you wish to pay for the next term upfront. If no notice is received your fees for Academy will be on the standard rate and be made by fortnightly direct debit.

e) When you agree to our Terms and Conditions, you’re confirming the account details given to AUT Millennium are correct and that you are authorised to use that account. This means, you are either the account holder or you have authorisation to charge fees to the account, with the knowledge and consent of the holder.

f) The AUT Millennium Academy sessions run on a continuous basis stopping only for breaks over the Christmas/New Year period, school holidays and statutory holidays.

g) AUT Millennium reserve the right to change session fees, session timetables and coaches by giving you written notice either by email or by posting a notice on the AUTM website. If you do not accept the change you have the right to terminate the sessions (without penalty) by giving us notice in writing at least 14 days before the change comes into effect.

After 14 days of non-payment your child will be unable to take part in sessions until payment of sessions is made.

h) If you wish to cancel your sessions you must provide Athlete Development with notice of cancellation in writing prior to the next direct debit date (i.e. before the fees for the next fortnight’s sessions are debited from your account). Email [email protected] to cancel.

i) If your child is going to be absent from a session (e.g. due to illness, injury, attending a tournament etc), you are required to give at least 24 hours notice prior to the session by email [email protected]. If no notice is provided the session will be charged for as normal if you are on the fortnightly payment option.

4. FACILITY RULES

You agree to be bound by our rules, etiquette and Code of Conduct which we may amend from time to time at our discretion. You agree to comply with any instructions given to you by AUTM staff. You must not carry out any illegal acts on centre premises and you must comply with our health and safety requirements, including those directed to your own health and safety. Behaviour that is discriminatory, bullying, harassing, threatening, racist, sexist, violent, abusive or otherwise inappropriate towards others, in person or online will not be tolerated. If you carry out any activity or behaviour that breaches our rules, etiquette and/or Code of Conduct, we reserve the right to require you to leave the centre immediately and AUTM is entitled to terminate your agreement with us without refund.

5. TERMINATION OF THIS AGREEMENT

By AUTM:

AUTM may, at its sole discretion, terminate this agreement and your entitlement to use our facility without refund if you:

1. Fail to comply with our Code of
2. Fail to make a payment to us when
3. Fail to adhere to these terms and conditions.
4. Fail to swipe your access tag when entering to use the facilities.
5. Fail to comply with any instruction from AUTM staff.
6. Assist any unauthorised person with entry into our
7. Carry out any activity or behaviour that is considered to be offensive or a danger to you or any person.

AUTM may, at its sole discretion, without giving any reason suspend and/or terminate your membership and ban you from its facilities.

By you:

It is your responsibility to provide us 14 days notice in writing of your intention to terminate. Termination is effective once you receive confirmation from AUTM. We will be entitled to continue to regularly debit your fees on the agreed basis until we receive your written notice.

6. OVERDUE PAYMENTS

It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit.

If any of your direct debits fail, we will make additional direct debits to recover the overdue amount. We may charge you our reasonable administration costs.

If your account with us is more than 4 weeks in arrears, we reserve the right to terminate your membership. If the payments are not made we can send it to a collection agency. If we do, you must pay all reasonable collection costs including actual solicitor’s fees.

7. OUR LIABILITY TO YOU

You have rights under the Consumer Guarantees Act 1993. Subject to those rights you agree that:

a) We will not be liable for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property whatsoever and howsoever arising.

b) We will not be obliged to give you any refund if you fail to use your membership or if you terminate your contract for any reason

8. HEALTH

You agree that:

a) You have been advised to consult a doctor before your child uses any of the centre facilities and will follow any instructions or advice given by them;

b) Your child does not suffer from any physical, medical or mental condition that may be aggravated by your childs use of the centre facilities;

c) You consent for your child to receive medical treatment in the case of illness or injury connected with their use of the centre facilities, and that AUTM will not be liable for any claims or expenses howsoever in respect of that treatment or treatment thereafter.

9. PERSONAL INFORMATION

You authorise AUTM to collect, retain and use personal information about you for the purpose of providing services to you, assessing your creditworthiness, statistical analysis, enforcement of any legal or other rights AUTM may have against you in any manner it sees fit and, subject to the Unsolicited Electronic Messages Act 2007 sending you any advertising or promotional material about AUTM and to enable AUTM to communicate with you for any purpose.

You have the right under the Privacy Act 2020 to obtain access to and request correction to any personal information concerning you held by AUTM.

10. EMAIL COMMUNICATION

You agree to allow AUTM to send you relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.

11. ATHLETE DEVELOPMENT ASSESSMENT

You understand that two to three times per year the AD (staff and students) will be taking an anthropometric and fitness profile of your child.

The anthropometric profile will involve measuring athlete’s height, weight, and seated height to estimate their growth patterns. The fitness profile will involve measures of speed and acceleration, agility and explosive strength, leg power, strength endurance and aerobic endurance. All measurement procedures will be explained to your child as they go through the profile by the person taking the assessment, so they should be totally informed of what is happening.

The information which is obtained will be treated as privileged and confidential and will not be released or revealed to any person without your expressed written consent. The information obtained, however, may be used for statistical or scientific purpose with your right of privacy retained. Your child will receive a personal report of the results of these tests.

You have read the foregoing information and understand it. Any questions which may have occurred to you have been answered to your satisfaction by the AD Programme Manager. You understand that your child is free to withdraw from the assessment without prejudice at any time your child or you desire.

You give consent for your child to take part in the anthropometric and fitness profile.

12. ATHLETE DEVELOPMENT IMAGES

You understand that throughout the AD Programme photos/images of the programme in action will be taken, and that your child may have their image captured on photo or film.

These images may be used for promotion and advertising material for AUTM publications (such as but not limited to the AD Programme brochure, AUTM collateral, AUTM/AD social media, and other sport and health resources), presentation material, electronic reproductions (web sites), and other purposes. Any images used in such promotion or advertising material will not identify the child/children who feature in them by name except where additional consent is obtained.

13. VARIATION OF TERMS AND CONDITIONS

AUTM reserves the right to vary these terms and conditions. Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by post, email or publication at AUTM’s facilities or on our website.

SWIM SCHOOL TERMS & CONDITIONS

Welcome to the AUT Millennium Swim School. Below are the Terms and Conditions applicable to all our Swim School lessons. Please read these carefully.

These Terms and Conditions are between the Applicant (“you” or “the member”) and AUT Millennium Trust (referred to as “AUTM”, “we” or “our”). The Applicant is the person agreeing to these Terms and Conditions on their own behalf or on behalf of their child/children enrolled for Swim School lessons.

1 IMPORTANT DATES

Swim School lessons run through the year, except for school holidays, public holidays and pool closures, which the member will not be charged for.

We do have a shutdown period over Christmas and New Year. Lessons recommence in January – the member will be notified of the exact date by email, notices in AUTM facilities and/or on our website.

2 MEMBER PORTAL

We have an online member portal to help keep track of Swim School memberships, such as bookings and payments. In our communications, we’ll refer to information or action to take in the Member Portal.

Through your Member Portal, you can opt to make weekly manual payments – you will need to keep ahead of the fortnightly payments in this case. You can also make as many additional payments in advance as you choose. Please note we will need a payment method saved to your account to secure your booking.

For FAQ about the Member Portal please see here: https://autmillennium.org.nz/frequently-asked-questions/#MemberPortal

3 FEES

Payment for the first two weeks of lessons must be made at the time of booking.

1. Fees for swimming lessons depend on how many lessons the member has per week. The fees for lessons are set out on our website and available at both Swim School Reception and the National Aquatic Centre Reception. The member may nominate how many lessons they have each week at the time of booking, at which point the times and location of each lesson and the cost per fortnight will be confirmed with the member.
2. Payment is made in advance by fortnightly direct debit on Thursdays until you decide to cancel the swimming lessons in accordance with these Terms and Conditions. If the Thursday falls on a public holiday, payment will come out on the next working day. You will be able to see upcoming payments in your member portal.
3. When you agree to our Terms and Conditions, you’re confirming the account details given to AUT Millennium are correct and that you are authorised to use that account. This means, you are either the account holder or you have authorisation to charge fees to the account, with the knowledge and consent of the holder.
4. In the event of insufficient funds in your account at the time of payment, a rejection fee will be charged, and we may also charge you our reasonable administration costs for that payment missed and/or subsequent missed regular payments. It is your responsibility to ensure that your account maintains a sufficient balance to cover any transactions. By engaging in transactions with AUT Millennium you acknowledge and agree to bear the responsibility for maintaining adequate funds in your account to avoid any additional fees.
5. The AUT Millennium Swim School lessons run on a continuous basis, stopping only for breaks over the Christmas/New Year period, school holidays, and statutory holidays.
6. AUT Millennium reserve the right to change lesson fees, lesson timetables and teachers by giving you written notice by email (30 days for fees changes, 14 days for timetable or teacher changes). If you do not accept the change, you have the right to cancel the lessons (without penalty) by giving us notice in writing at least 14 days before the change comes into effect.

4 NON-PAYMENT AND CANCELLATION

After 2 weeks of non-payment, the Swim School membership may be cancelled, and the member will not be unable to take part in lessons until payment of lessons is made.

If you wish to cancel, you must provide the Swim School with notice of cancellation in writing prior to the next direct debit date (i.e. before the fees for the next fortnight’s lessons are debited from your account). Cancellation forms are available from the Swim School Reception desk or alternatively you can email [email protected].  

5 MISSED LESSONS POLICY

The member is responsible for ensuring that they attend the classes they are committed to. We do not offer makeup lessons, credit or refunds for missed lessons. If the member is going away for an extended period of time, please contact the Customer Care team [email protected].

Where there are unforeseen circumstances, medical issues and/or injury preventing the member from attending classes, at the manager’s discretion, we can offer up to a maximum of 6 weeks credit per calendar year. We require the member to provide a medical certificate if the member is unable to attend multiple, consecutive lessons.

6 HOLIDAYS

Lessons stop during the school holidays. Swim School does not operate on New Zealand public holidays or over Easter weekend. If the member’s lesson happens to coincide with one of these days, the member will not be charged for that lesson. Any closures for public holidays will be confirmed via our Swim School e-newsletter, notices in AUTM facilities and/or on our website.

7 SAFETY PROCEDURES

AUT Millennium has procedures in place which ensure that we comply with ACC Pool Safe Requirements.

The member must abide by our Pool Rules (found poolside and on our website) at all times.
• For health and safety reasons, there is to be no running around the pool area.
• Members must not be in the pool before their teacher has asked them to enter.
• Children under the age of 10 years old must be actively supervised by a parent/caregiver over the age of 17 years.

8 PLASTIC SWIPE CARDS

Upon enrolment or at the first lesson, the member will be assigned a swipe card. This card will be used to sign into lessons. In the event of misplacement, a $5 replacement fee will be charged for obtaining a new swipe card.

9 REQUIRED SWIMWEAR FOR LESSONS

We believe that swimming in rash shirts and board shorts is a disadvantage due to the drag that is created in the water. This swimwear is great for the beach and to protect swimmers from the sun but makes learning to swim difficult. Members can purchase appropriate swimwear and aquatics equipment on site at AUT Millennium or at the National Aquatic Centre.

Required togs are:
• Women/Girls: Speedo type togs (no rash vests or board shorts), goggles, swim cap
• Men/Boys: Speedo type briefs/shorts, goggles, swim cap

Swim caps are compulsory for all swimming lessons (under 5s are exempt). This helps keep the swimmer warm and keeps the hair out of the swimmers’ face.

AUT Millennium offers a limited range of swimwear for both men, women and children. Swim School members are entitled to 10% discount off all our swimwear and swim accessories.

10 PHOTOGRAPHY

From time to time we have visitors come into the centre to photograph the facility or children swimming. We wish to assure all that we do not allow any photography without first gaining the person, parent or caregiver’s permission.If you wish to take photos within the facility, then permission will need to be obtained from Swim School reception, as well as any person, parent or caregiver of any child who may be featured in the photo.

From time-to-time AUT Millennium may take photos or videos for marketing purposes (including for use on the AUT Millennium website, in email newsletters, and in other marketing and advertising materials). If any person can be identified in any such photo or video, AUT Millennium will first ask that individual (or, if a child, their parent or guardian) for permission to use their image in this way. Any photos or videos taken for marketing purposes will not be used by AUT Millennium for any other purpose.

11 POOL CLOSURES

On occasion, we will need to close one of the pools due to an event or maintenance. Members will not be charged for the lessons missed and we will notify members about the closure as soon as possible.

We may notify members via email, SMS, app notifications, the member portal, social media, posters, website, and/or our Swim School notice boards. It is the members responsibility to be aware of any upcoming pool closures and ensure we have up-to-date contact details.

12 FACILITY RULES

The member agrees to be bound by our Pool Rules (found poolside and on our website), etiquette and Code of Conduct which we may amend from time to time at our discretion. The member agrees to comply with any instructions given to them by AUTM staff.

The member must not carry out any illegal acts on centre premises and must comply with our health and safety requirements, including those directed for the members own health and safety. Behaviour that is discriminatory, bullying, harassing, threatening, racist, sexist, violent, abusive or otherwise inappropriate towards others, in person or online will not be tolerated. If the member carries out any activity or behaviour that breaches our rules, etiquette and/or Code of Conduct we reserve the right to require the member to leave the centre immediately and AUTM is entitled to terminate the members agreement with us without refund.

If the member experiences an injury or illness in our facilities during lesson time, AUT Millennium will not be liable for any claims or expenses related to that treatment or subsequent treatments. Injury compensation in New Zealand is covered by the Accident Compensation Act 2001.

Parents and caregivers are responsible for the appropriate behaviour and conduct of the children in their care.

13 TERMINATION OF THIS AGREEMENT BY AUT MILLENNIUM

AUT Millennium may terminate this agreement and the members entitlement to use our facility without refund if they:

a. Fail to comply with our Pool Rules or Code of Conduct.

b. Fail to make a payment to us when due after AUT Millennium has notified you in writing and given you 14 days to remedy the default.

c. Fail to adhere to these terms and conditions.

d. Fail to swipe the access tag when entering to use the facilities.

e. Fail to comply with any instruction from AUT Millennium staff.

f. Assist any unauthorised person with entry into our facility.

g. Carry out any activity or behaviour that is considered to be offensive or a danger to the member or any person.

AUT Millennium may, at its sole discretion, without giving any reason suspend and/or terminate the members membership and ban them from its facilities.

14 EMAIL COMMUNICATION

The member agrees to allow AUT Millennium to send relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.

These include relevant information about the facilities, public holidays, closures, or events that could disrupt lessons.

Occasionally, emails may also include changes to lessons, including fee changes. If fees do change, we will give at least 30 days’ notice in writing, by email and on our website. This time gives the member a chance to cancel lessons if they choose to.

The member can at any time opt out of receiving commercial electronic messages (i.e. emails which market or promote AUT Millennium goods and services) under the Unsolicited Electronic Messages Act. Should the member choose to unsubscribe, we ask the member to take note of messages on our noticeboards and social media to ensure they are up to date with events, closures and important information. The member will still however be able to receive emails and SMS messages which relate to their membership with AUT Millennium Swim School in relation to membership conditions, event closures, fee changes and other changes to membership conditions.

15 OUR LIABILITY TO YOU

You have rights and remedies available to you under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 which cannot be contracted out of. Nothing in these Terms and Conditions excludes, restricts or modifies the application of any provision of those Acts, your ability to exercise any right or remedy that you may have under those Acts or our liability to you under those Acts. Subject to your rights under these Acts and provided we act with reasonable care and skill, AUT Millennium will not be liable to you for any direct, indirect or consequential loss or damage or injury of any kind to you or your property, however it arises.

AUT Millennium will not be obliged to give you any refund if the member fails to attend swimming lessons.

16 VARIATION OF TERMS AND CONDITIONS

AUT Millennium reserves the right to vary these Terms and Conditions. Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by post, email or publication at AUTM’s facilities or on our website.

It is the member’s responsibility to ensure that we have up-to-date contact details. If you do not accept any changes that we make to these Terms and Conditions, you may cancel this agreement without any penalty by giving us notice of cancellation in accordance with clause 4.

SWIM SCHOOL TERMS & CONDITIONS- INTENSIVES

Welcome to the AUT Millennium Swim School Below are the Terms and Conditions regarding our intensive lessons.

By signing these Terms and Conditions you are agreeing to commit to the lessons you have booked and paid for. We do not offer makeup lessons, credit or refunds for missed lessons. In circumstances relating to medical issues and/or injury, we offer credit with a medical certificate if you are unable to attend these lessons. If you are unable to attend for any reason, please give us as much notice as possible so we can offer the space to someone else.

*Maximum of 6 lessons credit per child, per year with proof of medical issue/injury

PRIVATE SWIMMING LESSON TERMS AND CONDITIONS

By booking a private lesson, you are agreeing to the following terms and conditions:

OUR PROMISE TO YOU

Private swimming lessons with Jacob Garrod deliver safe swimming programmes catered to your level of fitness and swimming confidence. Jacob will provide coaching, supervision, advice and support to help you achieve your swimming goals.

MEDICAL PRE-SCREENING

You acknowledge that you are in excellent health and physically capable of participating in private swimming lessons. AUT Millennium or Jacob Garrod cannot be held liable in any way for undeclared or known medical issues.

PAYMENT

Payment for private swimming lessons must be made in advance, either before each session or in blocks of 10. Payments are made at Main Reception or at the National Aquatic Centre reception.

CANCELLATION POLICY

We require 24 hours notice for all session cancellations. For cancellations within 24 hours of your scheduled session, you may be charged 50% of your session fee. This may also be the case if you do not attend a booked session, or arrive late (at Jacob’s discretion).

RE-SCHEDULING

We understand that you may need to reschedule a lesson from time to time. If you need to reschedule a lesson, we’d appreciate 12 hours notice where possible.

PHOTOGRAPHY POLICY

Please abide by our no photography rules in the pool area.

FACILITY RULES

You agree to be bound by our Pool Rules (found poolside and on our website), etiquette and Code of Conduct which may be amended from time to time at AUTM’s discretion. You agree to comply with any instructions given to you by AUTM staff.

You must not carry out any illegal acts on centre premises and you must comply with AUTM health and safety requirements, including those directed to your own health and safety. Behaviour that is discriminatory, bullying, harassing, threatening, racist, sexist, violent, abusive or otherwise inappropriate towards others, in person or online will not be tolerated.

If you carry out any activity or behaviour that breaches AUTM rules, etiquette and/or Code of Conduct, AUTM reserve the right to require you to leave the centre immediately.

PRIVACY

All client information will be kept private and confidential.

POWERZONE MEMBERSHIP TERMS AND CONDITIONS

1. PARTIES TO THIS CONTRACT

This contract is between the Applicant (“you” or “the member”) and AUT Millennium Trust (referred to as “AUTM” “we” or “our”).

2. MEMBERSHIP PERIOD

You agree that you will join our centre for the Minimum Period as specified in the Membership Agreement, subject to the member’s right to suspend the membership under Clause 6. After this period, you may continue your membership on a standard membership rate applicable at the end of your membership period.

3. POWERZONE MEMBERSHIPS AND ENTITLEMENTS

Your AUT Millennium PowerZone Membership entitles you to make full use of PowerZone during specified times depending on your membership type. Included is the use of the Olympic weightlifting platforms and equipment in the PowerZone (subject to availability when exclusive bookings are in place). We cannot guarantee that the equipment you want to use will always be available to you, particularly at popular times as this is a shared private training facility. Foundation Club Members are entitled to use the PowerZone, if they have an All-Access Foundation Club Membership.

a) PowerZone NorthSport Olympic Weightlifting Membership

Applicable only to members who have paid the NorthSport Olympic Weightlifting (NSOW) Club affiliation fees. You agree to use the PowerZone during designated NSOW session times. Training outside of specified NSOW session times is subject to approval by a NSOW approved coach. The NSOW coach is responsible for obtaining approval from AUT Millennium for additional session times (which takes into consideration other AUT Millennium PowerZone user group bookings).

For students aged 13-16 years, PowerZone use is restricted to designated NorthSport Olympic Weightlifting coaching hours when there is a NSOW coach present.

b) PowerZone AUT Student Membership

Applicable to current AUT or SPRINZ students with Proof of study. You agree to use the PowerZone between 9am – 4pm Monday to Sunday. Training outside these times is prohibited.

You agree to book in advance your PowerZone sessions with AUT Millennium (which takes into consideration other AUT Millennium PowerZone user group bookings).

4. PAYMENT TERMS

Upfront memberships:

A one-off payment is required upfront and is valid for 12 months from the date of sign up, which is non-refundable.

Direct Debit memberships:

During the term specified on your membership agreement you will pay Regular Payment Fees. The Regular Payment Fees are set out in our Fee Schedule (as amended from time to time). You agree to pay:

a) A payment in advance covering all Membership Regular Payments which fall due before your direct debit can be activated. This payment will be adjusted on a pro rata basis to bring your membership up to standard payments date.

b) Further Regular Payments, to be made in advance by direct debit to us from your designated bank account or credit card at the beginning on the date specified in the Membership Agreement. You must enter a valid direct debit payment source before we will accept this contract. You agree to notify us and enter a new payment source if you change your bank account or credit card. After the end of the Minimum Period, your regular payments will continue until you advise us otherwise with 30 days’ notice in writing. Members can give notice 30 days before the Minimum Period expiry date, so that their membership will terminate when the Minimum Period expires.

c) If we decide to change our fees, we will give you 45 days prior notice (either by post, email or publication at AUTM’s facilities or on our website). This 45-day notice period allows the member reasonable time to consider the fee change and then give 30 days’ notice of termination under Clause 8.

5. FACILITY RULES

You agree to be bound by our rules, etiquette and Code of Conduct, including PowerZone Code of Conduct, which we may amend from time to time at our discretion. You agree to comply with any instructions given to you by AUTM staff. You must not carry out any illegal acts on centre premises and you must comply with our health and safety requirements, including those directed to your own health and safety.  Behaviour that is discriminatory, bullying, harassing, threatening, racist, sexist, violent, abusive or otherwise inappropriate towards others, in person or online will not be tolerated. If you carry out any activity or behaviour that breaches our rules, etiquette and/or Code of Conduct we reserve the right to require you to leave the centre immediately and AUTM is entitled to terminate your agreement with us without refund.                                                         

6. SUSPENSION OF MEMBERSHIP

Upfront memberships cannot be suspended.

Direct Debit memberships – You are entitled to suspend your membership for a total of 90 days per calendar year. You may suspend up to six times per calendar year for a minimum of 14 days per suspension at a $10 fee per request. A suspended membership is not deemed to be part of a termination/notice period.

7. TRANSFERS

PowerZone memberships are not transferrable.

8. TERMINATION OF THIS AGREEMENT

AUTM may at their sole discretion, terminate this agreement and your entitlement to use our facility if you:

1. Fail to comply with our “Code of Conduct”.
2. Fail to make a payment to us when due.
3. Fail to adhere to these terms and conditions.
4. Fail to swipe your access tag when entering to use the facilities.
5. Fail to comply with any instruction from AUTM staff.
6. Assist any unauthorised person with entry into our facility.
7. Carry out any activity or behaviour that is considered to be offensive or a danger to you or any person.

AUTM may, at its sole discretion, without giving any reason suspend and/or terminate your membership and ban you from its facilities

By you:

Direct Debit memberships: After the end of the Minimum Period, you can terminate this contract without penalty. It is your responsibility to provide us 30 days’ notice in writing of your intention to terminate. Termination is effective once you receive confirmation from AUTM. A membership must be “active” (i.e. not on suspension) for the 30 days’ notice to be valid. We will be entitled to continue to regularly debit your fees on the agreed basis until we receive your written notice.

Upfront Memberships: After the end of the 12 month period, you are not required to give notice to cancel as your membership will expire. You may receive a reminder about renewal.

9. EMAIL COMMUNICATION

You agree to allow AUTM to send you relevant communication by email subject to the Unsolicited Electronic Messages Act 2007.

10. OVERDUE PAYMENTS

It is your responsibility to keep your account in funds and to pay all your own bank fees, including any fees which your bank charges if your account is overdrawn because of our direct debit.

If any of your direct debits fails, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount. We may charge you our reasonable administration costs for that payment missed and/or subsequent missed regular payments.

If your account with us is more than 4 weeks in arrears, we reserve the right to terminate your membership. In the event you are still within a Minimum Period, you will remain liable for the payments until the end of that period. If the payments are not made, we can send it to a collection agency. If we so, you must pay all reasonable collection costs including actual solicitor’s fees.

11. OUR LIABILITY TO YOU

You have rights under the Consumer Guarantees Act 1993. Subject to those rights you agree that:

a) We will not be liable for any direct, indirect or consequential loss, damage, injury, costs or expenses of any kind to you or your property whatsoever and howsoever arising.

b) We will not be obliged to give your any refund if you fail to use your membership or if you terminate your contract within the Minimum Period for any reason.

12. HEALTH

You agree that:

a) You have been advised or cleared by a doctor before using any of the centre facilities and will follow any instructions or advice given by them.

b) You do not suffer from any physical, medical or mental condition that may be aggravated by your use of the centre facilities.

c) You consent to receive medical treatment in the case of illness or injury connected with your use of the centre facilities, and that AUTM will not be liable for any claims or expenses howsoever in respect of that treatment or treatment thereafter.

13. PERSONAL INFORMATION

You authorise AUTM to collect, retain and use personal information about you for the purpose of providing services to you, assessing your creditworthiness, statistical analysis, enforcement of any legal or other rights the AUTM may have against you in any manner it sees fit and, subject to the Unsolicited Electronic Messages Act 2007 sending you any advertising promotional material about AUT Millennium and to enable AUTM to communicate with you for any purpose.

You have the right under the Privacy Act 1993 to obtain access to and request correction to any personal information concerning you held by AUTM.

14. VARIATION OF TERMS AND CONDITIONS

AUTM reserves the right to vary these terms and conditions.  Notice of any changes to these terms and conditions will take effect at least 14 days after the date of notice and will be given either by post, email or publication at AUTM’s facilities or on our website.

Website Usage Terms and Conditions

• This Website is operated by AUT Millennium 

• By accessing or using this website (Website) or by using the site (User) you agree that you have read, understood and agree to be bound by these terms (Terms). 

• AUT Millennium reserves the right at its sole discretion, to change, modify, add or delete portions of these Terms at any time without further notice.  If we do this, we will post the changes to these Terms on this page 

• It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes.  

• Your continued use of the Website after any change constitutes your acceptance of the new Terms 

• You agree that you will only use our Website in a way which is consistent with our Terms and Conditions and which complies with applicable laws and regulations. 

• You agree to keep your passwords secure and not permit any other person to use them 

• You agree that you will not use our Website to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our Website. 

•  You understand that the Website is available for personal, non-commercial use only. 

• The Website may be temporarily unavailable from time to time for maintenance or other reasons. 

• AUT Millennium assumes no responsibility for any error, omission, interruption, deletion, defects, delay in operation or transmission, theft or destruction or unauthorised access to, or alterations of, the Website. 

• AUT Millennium reserves the right to change any and all content, software and other items used or contained in the Website at any time without notice. 

• AUT Millennium, employees or agents shall not be liable to you or any third person for any indirect, consequential, exemplary or incidental damages, including for any lost data arising from your use of the Website, even if AUT Millennium is aware or has been advised of the possibility of such damages. 

 Copyright 

• All content on the Website including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement including any copyright works embodies therein (Website Content), are the property of AUT Millennium 

• No Website Content may by modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of AUT Millennium 

• You may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. 

• Any use of the Website or the Website Content other than as specifically authorised herein, without the prior written permission of AUT Millennium, is strictly prohibited.