Introduction

• 1.1 Council is the owner and operator for the swimming pool complex known as The Oasis Regional Aquatic Centre and is situated at 50 Morgan Street Wagga Wagga NSW 2650.
• 1.2 The user is the person/group who wishes to use the Oasis Regional Aquatic Centre.
• 1.3 Council has consented to the user using the Oasis Regional Aquatic Centre on the following terms and conditions specified in this document.
• 1.4 User times and pool space are specified in this document.
• 1.5 Specified Wagga Wagga City Council staff are authorised to give directions that may impact the Users booking.

User/Hirer Warrants

The user warrants to Council that all certificates, registrations and accreditations claimed as being held by the user/ hirer which relate to any swimming, diving or other water based activities, are valid, held and current and will remain so throughout the term of this agreement, the term of this agreement and any extensions thereof. The user/ hirer acknowledge any breach of this warranty is a breach of the fundamental terms of this agreement, such a breach will allow Council to terminate this Agreement without notice.

Responsible and Contact Person

The user/ hirer shall nominate in writing to the Wagga Wagga City Council a “Responsible Person(s)” who will be assigned to ensure that the terms and conditions of this agreement are adhered to.

For the purpose of administering this agreement, the user/ hirer shall nominate in writing to the Wagga Wagga City Council a person(s) able to be contacted at all times by Wagga Wagga City Council, together with all reasonable contact details requested by Wagga Wagga City Council. The user/ hirer shall be entitled to vary those nominated or their details from time to time by further notice.

For the purpose of this agreement the contact person for Wagga Wagga City Council shall be the Wagga Wagga City Council Pool Manager in most cases and, in the event that the Pool Manager is unavailable, then an alternative Oasis management staff member will be contactable.

Insurances and Indemnities

• 4.1 The user/ hirer shall at its own cost, effect and at all times during the terms of this agreement and any extension thereof keep in full force a policy of Public Risk Insurance (with an authorised Underwriter) with respect to the Oasis Regional Aquatic Centre and the activities carried out at the Oasis Regional Aquatic Centre for a minimum amount of $ 20, 000,000. The user/ hirer shall deliver to Wagga Wagga City Council with this signed agreement a copy of the relevant policy and a current certificate of insurance. The user/ hirer unconditionally releases Wagga Wagga City Council from all claims, suits, demands, actions or proceedings (whether at law, in equity or arising under any statute) arising out of or in connection with an act, default or omission of the user/ hirer or any of the user/ hirer’s agents. The user/ hirer agree not to sue or make any claim or demand against council in respect to matters covered by this release.
• 4.2 The user/ hirer indemnifies Wagga Wagga City Council from and against all actions, claims, costs, losses, expenses and damages (including the costs of defending or settling any action or claim) in respect to:
  • 4.2.1 Loss of, or damage to property of Council; or
  • 4.2.2 Personal injury (including death) or illness to any person or loss of/ loss of use of, or damage to any property,
  • 4.2.3 Resulting from or by reason of anything done or omitted to be done by the user/ hirer arising out of the user/ hirer ‘s activities undertaken at or near the Oasis Regional Aquatic Centre.
• 4.3 The user/ hirers’ liability to indemnify Wagga Wagga City Council is reduced proportionally to the extent that any negligent act or omission of Council or its employees has contributed to the injury, damage or loss.

User Obligations (Pool Rules) – the user shall:

• 5.1 Ensure the terms and conditions of this agreement has been made known to all persons, and where required their parents/ guardian/ hirer/ responsible persons prior to entering the Oasis Regional Aquatic Centre complex.
  • 5.1.1 Ensure that all persons swimming at the Oasis Regional Aquatic Centre during the time of the User’s use under this agreement pay the usual entrance fee charged by Council to patrons of the Oasis Regional Aquatic Centre.
  • 5.1.2 Not erect any structure or permanent fixture at the Oasis Regional Aquatic Centre without the written consent of Wagga Wagga City Council.
• 5.2 Not permit any persons to dive into the pool except in accordance with Royal Lifesaving Society Guidelines.
• 5.3 Persons enter the Oasis Regional Aquatic Centre complex at their own risk.
• 5.4 Ensure that all persons using the Oasis Regional Aquatic Centre do so in an orderly and well behaved manner including; No running, No jumping, No bombing, No alcohol/ drugs, No smoking, No glass, No food or drink in the pool, No animals are permitted in the Oasis Regional Aquatic Centre complex (except registered companion or assistance animals) and suitable swimming attire must be worn at all times.
• 5.5 Remove, or cause to be removed, any persons from the Oasis Regional Aquatic Centre whose behaviour is inappropriate, disruptive or causes any danger or threat to any other person or property who is affected by alcohol or drugs.
• 5.6 Keep the Oasis Regional Aquatic Centre including all grounds and surrounds and other parts of the Oasis Regional Aquatic Centre of which the User has use under this agreement, clean and tidy and shall not place, leave or permit to be placed or left any debris or rubbish in any part of the Oasis Regional Aquatic Centre complex.
• 5.7 Keep, trash and garbage in proper receptacles and shall not allow such waste to accumulate at or near the Oasis Regional Aquatic Centre.
• 5.8 Ensure after each use, the Oasis Regional Aquatic Centre is appropriately and adequately secured and that all security devices installed are properly engaged unless the pool is scheduled to remain open to the public.
• 5.9 Upon demand, from Wagga Wagga City Council return all keys held by or on behalf of the User to Council.
• 5.10 Comply with all reasonable directions of authorised Council staff in its use of the Oasis Regional Aquatic Centre.
• 5.11 Comply with all Councils requirements in relation to the use of any barbecues and gas appliances.
• 5.12 Children under the age of 10 years must be accompanied by an adult (over 16 years). Responsibility for behaviour and safety of children is that of parents/ supervisors or carers in attendance.

The User, Hirer, Responsible Persons acknowledge and understands the following:

• 6.1 The Oasis Regional Aquatic Centre may only provide limited lifeguard services at the time of the intended use by the hirer.
• 6.2 The Oasis Regional Aquatic Centre Lifeguard staff that may be present within the Pool complex are not able to provide training, instructions or supervision of persons brought into the Oasis Regional Aquatic Centre by the User except by prior arrangement.
• 6.3 Responsibility for the supervision and care of persons brought into the Oasis Regional Aquatic Centre by the responsible persons rests with that person(s).
• 6.4 It is the responsibility of the User/ responsible person to obtain information regarding the skills of the persons it brings into the Oasis Regional Aquatic Centre and to instruct/ supervise those persons according to their skill set.
• 6.5 Obtaining and maintaining any permissions or consents required for the use of the Oasis Regional Aquatic Centre by persons to be brought in to the Oasis Regional Aquatic Centre by the responsible persons, is the responsibility of the hirer and/or responsible persons.
• 6.6 Use of the pool is subject to a number of risks, including drowning. The responsibility for supervision and instruction of persons brought in to the Oasis Regional Aquatic Centre by the user/ responsible persons of those risks rests with the user and/or responsible persons.
• 6.7 It is the responsibility of the hirer that they become familiar with the layout of the facility and all amenities and well as being familiar with the emergency evacuation diagram.
• 6.8 The pool terms and conditions of entry may be amended or added to from time to time and any alterations to such will be displayed at the entry point of the Oasis Regional Aquatic Centre.
• 6.9 Unless hired exclusively, the Oasis Regional Aquatic Centre complex may be utilised by other members of the public at the time as the hirer.

You can download these Terms & Conditions here.