TERMS & CONDITIONS – JANUARY 2024
The Terms and Conditions apply to the enrolment of the Student in Coaching Sessions.
The Coaching Sessions are run at Collegiate Pool, and the Doone Kennedy Hobart Aquatic Centre, in swimming lanes hired by the HC Swim Club. While vital partners in the success of the Coaching Sessions, Collegiate, HC Swim Club and Swimming Tasmania are independent organisations from RKB. You are responsible for making yourself aware of any third-party terms and conditions that may be applicable to You or the Student, including but not limited to the conditions of entry displayed at the Collegiate Pool and any HC Swim Club or Swimming Tasmania conditions or policies relevant to You or the Student from time to time.
1. Definitions
In the Terms and Conditions:
Agreement means this agreement between RKB and You for Swimming Coaching Sessions which comprises the Enrolment Form, these Terms and Conditions and any direct debit request form provided to and completed by You.
Business Day means a day which is not Saturday, Sunday or public holiday in Hobart, Tasmania.
Coaching Sessions means swimming coaching sessions conducted by RKB during the Term.
Coaching Term means a contract of swimming services, until a cancellation notice is received.
Collegiate means St Michael’s Collegiate School (ABN 75 471 713 846).
Collegiate Pool means the Collegiate pool centre, on the corner of Molle and Davey Street, Hobart.
Commencement Date means the earlier date, when HC Swim Club or RKB have notified You in writing that the Student has been accepted into HC Swim club or the date the Student commences Coaching Sessions.
Direct Debit means an agreement with your bank and a third party (Payrix) to transfer funds from your account to RKB, in accordance with the fee schedule (Schedule 2)
Enrolment Form means the Swimming Coaching Sessions Enrolment Form.
Fees means the applicable Fees referred to in the Fees Schedule.
Fees Schedule means Schedule 1 of the Terms and Conditions as amended from year to year in writing.
HC Swim Club means Hutchins Collegiate Swim Club (ABN 95 499 728 418).
Month means calendar month.
Payrix means Payrix Australia Pty Ltd (ABN 63 135 196 397).
RKB, We, Us or Our means Rachel Kim Brennemo as trustee for the Rickards Family Trust (ABN 98 322 466 206).
Student means the person described as ‘Student’ whose details are set out in the Enrolment Form.
Squad Level means HC Swim Club squad ‘levels’, determined by swimming ability and goals, as detailed in Schedule 2 or as varied from time to time.
Squad System means Coaching Sessions conducted in accordance with Squad Levels.
Swimming Tasmania means Tasmanian Swimming Inc (ABN 42 225 065 328).
Term means the period of this Agreement, which is from the Commencement Date and continues for the Coaching Term until a party gives written notice to terminate this Agreement in accordance with clause 3.3, 10, 11 or 13.
Terms and Conditions mean these terms and conditions as varied from time to time.
Twelve Month Season Plan means a twelve month swimming coaching program provided by RKB, aligned with Swimming Tasmania and HC Swim Club annual registration periods (October – September).
Week means calendar week.
You, Your or Yourself means the parent(s) or guardian(s) who is/are legally responsible for the Student and whose details are set out on the Enrolment Form, or in the case that a Student (over the age of eighteen) is enrolled without a legal guardian, refers to the Student.
2. Preconditions to Enrolment
2.1 RKB is contracted by HC Swim Club to provide Coaching Sessions.
2.2 Acceptance of enrolment of a new Student in Coaching Sessions is subject to:
a. You or the Student enquiring at the Collegiate Pool office for a position with HC Swim Club
b. The Student attending a squad assessment, at the discretion of the coaches
c. Attaining a certain standard or Squad Level, at the discretion of RKB and the HC Swim Club committee and as notified to You or the Student;
d. the Student obtaining membership with HC Swim Club; and
e. completion of the Ezidebit direct debit set-up, acknowledging Ezidebit and RKB’s terms and conditions.
2.3 Students that are not registered members of HC Swim Club, will not be allowed to enrol or continue to participate in Coaching Sessions.
2.4 RKB reserves the right to move the Student to a more appropriate Squad Level if necessary, due to swimming ability or health and wellbeing purposes, of the Student, or other students.
3. Varying terms and conditions
3.1 The Terms and Conditions are subject to change.
3.2 Amendments to the Terms and Conditions will come into effect twenty Business Days from the date of Our notification to You in writing of the amendments.
3.3 You may terminate this Agreement by written notice to Us, prior to the date the amendments come into effect, if You do not agree with any of the amendments. Under this clause, termination takes effect at the end of the Fortnight that is paid for.
4. Services
4.1 Subject to the terms of this Agreement, including payment of the applicable Fees to RKB, RKB agrees to provide during the Term:
a. Coaching Sessions to the Student with due care, skill and diligence, in accordance with standards ordinarily exercised by members of the swimming coaching profession generally, who practice in the same locality and under similar conditions as RKB; and
b. Squad System training to the Student, in accordance with the HC Swim Club Squad Levels.
c. Lane hire fees for training conducted at Collegiate Pool and Doone Kennedy Hobart Aquatic Centre.
5. Fees
5.1 You agree to pay the Fees to RKB, in consideration of the Services provided in accordance with clause 4.1.
5.2 You acknowledge and agree the Student will be ineligible to swim if payment via direct debit is not made in advance.
5.3 In the event of a failed payment, due to insufficient funds, the payment will be re-attempted, noting the relevant default fees 2 business days from the date that the failed payment notice is received.
5.4 In the event of a failed payment, due to insufficient funds, the payment will be re-scheduled as a direct debit, noting the relevant default fees 2 business days from the date that the failed payment notice is received. An email will be sent to advise you of this.
5.5 All other failed payments require contact to be made with Collegiate pool within one (1) business day, to retain your position in the program.
5.6 Fees may be varied each season by RKB providing at least twenty Business Days written notice to You.
5.7 Registering with Payrix means you acknowledge and accept the terms and conditions outlined in this document, as well as third party Payrix terms and conditions
a. This includes that in the event of a failed payment you accept and agree to pay the fee imposed by Payrix, in addition to the $5.30 default fee from RKB for failed payments.
b. Processing fees as outlined by Payrix
6. Photography
6.1 You acknowledge and agree You are permitted to take photographs only of the Student and no other people during the course of Coaching Sessions.
6.2 For learning purposes the coach or other students may video the Student in training provided the Student consents to this.
7. Personal Items
7.1 You agree You are responsible for taking care of any personal items belonging to You and/or the Student and RKB is not responsible for loss or damage to any such personal items.
8. Sickness
8.1 You agree and will ensure the Student does not attend a Coaching Session if the Student is unwell or suffering from any contagious symptoms and illnesses, and to alert the Coach to any ailment which has the potential to impact the safety of the Student, or other Students.
9. Supervision
9.1 You agree if the Student is under the age of sixteen, not to leave the Student unaccompanied at the Collegiate Pool, including during a Coaching Session.
10. Notice of withdrawal
10.1 At least one Fortnight written notice, must be given in accordance with clause 10.2 if You wish to terminate this Agreement by cancelling the Student’s enrolment.
10.2 Notice must be provided by completing the ‘notice of cancellation’ form attached to this document and giving the completed form to RKB, via email. For the avoidance of doubt, one fortnightly payment will occur following receipt of the cancellation form, prior to the cancellation coming into effect.
10.3 When a cancellation form is received less than one fortnight before the next payment, one further payment will occur, and the swimmer will be eligible to swim until the fortnight following the final payment.
11. Suspension and expulsion from Coaching Sessions
11.1 RKB may suspend or expel the Student from Coaching Sessions if:
a. You or the Student are in breach of this Agreement;
b. the Student’s behaviour and/or conduct is unacceptable including but not limited to continually disobeying RKB instructions, demonstrating aggressive behaviour, or behaving in a way that affects the safety of any person; or
c. the Student does not comply with any rules notified by Us to the Student.
11.2 If We:
a. suspend the Student’s Coaching Sessions enrolment, You must continue to pay the Fees; or
b. expel the Student from Coaching Sessions, the student must discontinue attending Coaching Sessions permanently and You must continue to pay one final fortnightly payment following expulsion.
12. Release of Liability
12.1 You acknowledge and agree the Student will undertake Coaching Sessions on the basis that:
a. the Student is undertaking physical exercise at a high level and that there is a possible risk in physical exercise at that level of serious bodily injury, including disability, paralysis or death. You understand that these risks may be caused by the Student’s own action or inaction, the action or inaction of third parties, the condition of the facilities in which the Coaching Sessions take place, or the negligence of others;
b. the Student will not participate in Coaching Sessions unless they are committed to abiding by any instructions including safety instructions provided or instructed by RKB;
c. the Student will not participate in Coaching Sessions if You or the Student are aware of any existing medical condition which will affect the safety, health or otherwise of the Student;
d. if You or the Student are uncertain of the Student’s state of fitness for swimming, then You and/or the Student will consult a medical practitioner to verify the Student’s medical and physical condition; and
e. You release and hold harmless RKB from all actions, proceedings, suits, claims and other liabilities founded in negligence, breach of duty (statutory or otherwise) or howsoever arising from any injuries (including permanent disability incapacity or death) that the Student may suffer while participating in Coaching Sessions, or subsequently occurring in connection with participation in Coaching Sessions, that is to any extent contributed to by Your or the Student's participation in Coaching Sessions
12.2 For the avoidance of doubt, to the extent permitted by law and subject to clause 12.3, You indemnify RKB against all damages, costs, losses (including legal costs and expenses on a solicitor/own client basis), liabilities, expenses and claims (including in relation to any loss, damage, or injury to property or person or death) arising during or after the Term, in connection with or arising directly or indirectly from:
a. any damage to any property owned by Us or any other person or entity, caused by You and/or the Student;
b. any injury (including death) to the Student or other people contributed to by You and/or the Student;
c. any breach by You and/or the Student of any provision of this Agreement; except to the extent caused or contributed to by Us or any of our agents, employees or contractors.
12.3 Despite any other provision of this Agreement, nothing in this Agreement is to be read as excluding, restricting or modifying any guarantees, warranties, representations or conditions implied or imposed by any Laws which by law cannot be excluded, restricted, or modified.
12.4 You acknowledge and agree:
a. that third party terms and conditions may apply to the Student’s participation in Coaching Sessions, independently (but in addition to) the terms of this Agreement; and
b. it is Your responsibility to make Yourself and the Student aware of any additional requirements of third parties, safety or otherwise (including but not limited to terms and conditions of Collegiate, HC Swim Club and Swimming Tasmania, where relevant).
13. Termination
13.1 Termination by Us
a. We may terminate this Agreement by written notice to You if:
i. You fail to pay the Fees by the due date;
ii. You are in breach of this Agreement; or
iii. the Student is expelled from Coaching Sessions in accordance with clause 11.
13.2 Termination by You
a. You may terminate this Agreement by written notice to Us if:
i. You provide Us with a notice of withdrawal in accordance with clause 10; or
ii. if RKB is in breach of this Agreement.
b. If You terminate this Agreement under clause 13.2.a, You will only be liable for any amounts due and payable under this Agreement (including any Fees) up to and including the date of termination.
14. Consequences of Termination
14.1 If this Agreement is terminated:
a. the parties are relieved from future performance of this Agreement, without prejudice to any right of action that has accrued prior to the date of termination; and
b. rights to recover damages are not affected by the termination.
15. Notices
15.1 A notice under this Agreement must be in writing and addressed to each of the parties at the address outlined in the Enrolment Form or later notified, and are served:
a. In the case of hand delivery, when delivered;
b. If sent by prepaid post – on the third Business Day after the date of posting; or
c. if sent by email – when emailed.
16. Miscellaneous
16.1 This Agreement is governed by the laws of Tasmania, and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania.
16.2 This Agreement may not be varied or amended except in writing signed by the parties in accordance with clause 3.
16.3 An obligation or liability on the part of two or more persons binds them jointly and each of them severally.
16.4 A party may not, without the prior written consent of the other party (which may be given or withheld in its absolute discretion), assign this Agreement or any of its rights under this Agreement
16.5 If any provision of this Agreement is or becomes legally ineffective, under common law or legislation, the ineffective provision may be severed from this Agreement which otherwise continues to be valid and operational. The parties will agree on an arrangement having a legal and economic effect which will be as similar as possible to the ineffective provision.
16.6 The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
16.7 This Agreement constitutes the sole and entire agreement between the parties on the subject matter.
16.8 This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
16.9 Each party must sign, execute and deliver all agreements, documents and instruments and do all acts reasonably required of it by notice from another party to effectively carry out and give full effect to this Agreement and the rights and obligations of the parties under it.
16.10 If you have any questions regarding your account, please contact RKB by emailing Rachel.brennemo@collegiate.tas.edu.au.
Schedule 1 – Coaching Session Fees
Squad Level Cost per Fortnight (inc GST) Training weeks per year Fortnightly payments per year
Junior Racers $70 47 26
Matrix Squad $70 47 26
Junior Squad $80 47 26
H2O Squad $105 47 26
State Squad Bronze $110 47 26
State Squad Silver $115 47 26
State Squad Gold $125 47 26
Target Squad $135 47 26
National Squad $150 47 26
Fees include wages for RKB contracted coaches for nominated sessions; Collegiate pool hire/membership; Doone Kennedy Hobart Aquatic Centre pool hire/membership; training for maintaining accreditations; and insurance.
Payment arrangements
1. All prices to be paid or provided under the Agreement are inclusive of any taxes and charges including GST. A valid tax invoice must be provided to the recipient of the taxable supply.
2. In order for direct debit payments to occur, the Student must be a member of the HC Swim Club, in addition to being enrolled in the Coaching Sessions.
3. Fees are payable by way of direct debit Fortnightly, in advance, facilitated by Payrix.
4. Refunds for non-attendance by the Student will not be given. However, an exception applies if a Student suffers serious injuries or illnesses which necessitates a prolonged absence from Coaching Sessions of more than 2 weeks. Consideration may be given to adjusting the account in the following fortnight, if supported by a medical certificate.
5. If a Student signs to a specific Squad Level, and subsequently moves to an alternative Squad Level, You must still pay the Fees for the original Squad Level, unless the Student is removed from the original Squad Level permanently. If the Student moves to a different Squad Level permanently, account adjustments may be made.
6. If account adjustments are required, You must submit a written request to RKB. Any adjustments approved by RKB will be made in the subsequent Fortnightly invoice.
7. You must advise RKB in writing of any change in payment or account details.
8. An additional administration fee of $5.30 (inclusive of GST) must be paid in the event that incorrect account details are provided, or payment does not process due to change of account details, insufficient funds or otherwise. Payrix will also impose their own fees, as outlined in Payrix’s Terms and Conditions.