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© 2012 by Creative Aquatic & Simone Benhayon

Conditions of Swimming Lessons

Creative Aquatic Swimming Lesson Terms and Conditions

 

The following terms and conditions apply to all pupils (“you”) attending swimming lessons organised by Creative Aquatic Ltd (“we” or “us”). Please ensure you have read and understand the following and by signing the enrollment form you agree to the following.

 

1.    Acceptance of terms and conditions

 

By booking or attending a swimming lesson with Creative Aquatic you accept these terms and conditions and they will form part of the agreement between yourselves and Creative Aquatic. You will ensure that the general swimming pool rules set out at the end of these terms and conditions and any rules that are specific to a particular pool are followed.

 

Creative Aquatic reserve the right to vary these terms and conditions at any time upon notice to you.

 

2. Lessons

 

Swimming lessons are structured lessons instructed by one teacher of a varying range of pupils (size may vary dependent on the lesson).

 

Bookings for lessons may be made by email or by telephone. The booking may be for one lesson or a term dependant on the agreement at the time. Creative Aquatic shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.

 

The dates, start times, durations and locations of lessons will be as agreed between Creative Aquatic and yourselves.

 

All lessons will start promptly at the agreed start time. If you arrive late to the pool, the lesson will not be extended and will end at the agreed end time.

 

We shall try to accommodate any request to change the date, start time, duration, location or teacher of any agreed lesson, but this shall be at Creative Aquatic's discretion and shall not be obliged to provide any credit or refund where we are not able to accommodate such request.

 

3. Registration and contacting us

 

Before booking any courses with us you must register your details with us by telephone or in person. You must give us your email address, which we will use to send you administrative and marketing information about our services and other information in accordance with our privacy policy.

 

We will hold your details securely in our online customer account system in accordance with our privacy policy.

 

Where these terms and conditions require you to telephone us, please do so on 01373 228121. Where these terms and conditions require you to email us, please email us at simone@creativeaquatic.co.uk  Where these terms refer to ‘our offices’, this is a reference to our offices at Creative Aquatic, Tytherington, Frome, Somerset BA115BW 

 

4. Payment

 

The fee for lessons booked will be confirmed to you at the time of booking and dates will be issued to you once payment is received. If you book a series of lessons you must pay for the whole series at the time of booking.

 

Payment must be made in full within 14 days of receiving an invoice and in any event before the first lesson. If payment is not received in these timescales, then we may at our complete discretion cancel your booking and shall not be obliged to teach you.

 

We accept cash, card or cheques made payable to “Creative Aquatic” and hand delivered to our Creative Aquatic venue.

5. Illness and medical conditions

 

If you miss a swimming lesson because you are ill and you have telephoned us to inform us at least 24 hours before the swimming lesson is due to start, provided that you have provided us with a doctor’s note detailing your illness or medical condition, then you will receive a credit allowing you to book another lesson within the following 2 months.

 

If you do not give us 24 hours notice you will not receive a credit. Refunds will not be given if you miss a lesson because you are ill.

 

You must declare to us in writing by emailing us or by logging into your customer account all medical conditions affecting you, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your engagement in lessons and we will notify you of our decision within 48 hours of receiving your notice.

 

It is your responsibility to ensure that you are medically safe to swim.

 

We will not be liable for any accidents or injuries arising from swimming with us that relate to your individual medical conditions, save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.

 

6. Cancellation by you

 

You may cancel lesson or series of lessons by emailing or telephoning us. You will be obliged to pay us the following cancellation fees:

 

(a)    no fee if we receive the notice of cancellation before the first lesson in a series;

 

(b)    the fee for one lesson if you booked only one lesson and the notice of cancellation is received less than 24 hours before the start of the lesson; and

 

(c)    the fee for two lessons of a series if you booked a series of lessons and we receive the notice of cancellation less than 24 hours before the start of the first lesson.

7. Cancellation by us

 

We will make every effort not to cancel a booked lesson but on rare occasions pool closure or other unforeseen circumstances may force us to do so. We shall give you as much notice as possible of any such cancellation. In the event of a cancellation by us you will receive a credit for the cancelled lesson which will be valid for 2 months but we will try to reschedule the lesson within 7 working days of the date when it should have been held.

 

This credit may be set off against your fees for a subsequent lesson with us. If you do not use the credit to attend another lesson within the 2 month period, the credit will expire and you will not receive a refund.

 

We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.

 

This paragraph 8 applies only to lessons cancelled by Creative Aquatic.

 

8. Safety and general rules

 

You are responsible for your own safety, actions and behaviour on any part of the swimming pool property including the changing area.
Shoes must be removed before entering the poolside or overshoes worn.

 

Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety.

 

You must not run or act inappropriately once within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of you or other pupils disobeying these rules.

 

9. Limitations of Liability

 

Whilst every reasonable precaution is taken by us to ensure security and safety at our swimming lessons, we shall not in any way be liable for any loss or damage arising in any way from our swimming lessons or the venues we use.

 

Any claim against Creative Aquatic arising from attendance at one of our swimming lessons must be notified in writing to us within six months from the day of the relevant swimming lesson and we shall not be liable for any claim that is notified to us after this time.

 

In any event, we shall not be liable to you:

 

(a) for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;

 

(b) (where the claim is insured) for any loss which we are unable to recover from any insurer;

 

(c) (where the claim arises as a result of something which was done or not done by a third party) for any loss which we are unable to recover from that third party; and

 

(d) for any loss which is greater than the fee paid by you for the relevant swimming lesson or course of swimming lessons.
 
In the event that you cause harm, damage, loss or injury to any other person or property during the course, you agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including reasonable legal fees), and any other liability suffered by us as a result of such harm, damage, loss or injury caused by you.

 

We shall not be liable for any loss or theft of your personal possessions and all property left by you in changing rooms, the car park or anywhere else on or in the vicinity of our venues is done so at your own risk.

 

10. Parental responsibilities

 

You are responsible for any children you bring with you into any part of the swimming pool venue including the changing area.

 

You must not leave the premises whilst your child is in the pool.

 

Children are not our responsibility until the child enters the swimming pool at the start of a lesson.

 

During lessons you must not interrupt or communicate with the teacher, distract the pupils or approach the poolside, unless it is a matter of health and safety.

 

You must keep children who are not swimming quiet and under your control at all times whilst in the swimming pool venue.

 

You may not take photos or video recordings or any other type of recording of any children within the property.

 

11. General pool rules

 

Children should all shower and go to the toilet before they enter the water.

 

Shoes must be removed before entering the poolside or overshoes worn.

 

Long hair should be tied back or a swimming hat worn.

 

Children may wear goggles.

 

Children should not enter the pool until the class has finished and should wait to be invited into the pool by the teacher.

 

Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety.

 

Children must not run or act inappropriately once within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of children and/or parents disobeying these rules.

 

12. Governing Law

 

English Law shall govern these terms and conditions and you agree that any disputes shall be resolved exclusively by the English Courts.