What these terms cover:
These are the terms on which we supply swimming lessons to you or your children.
Why you should read them:
Please read these terms carefully. These terms tell you who we are, how we will provide Services to you and how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us:
Who we are. We are Kristin Maguire trading as Individuality Swimming a sole trader established in England and Wales. Our address is 32 Enfield Avenue, Oakdale, BH15 3SG. Our registered VAT number is 109 7325 14
How to contact us. You can contact us by telephoning our customer service team on 07900058395 or by writing to us at email@example.com and 32 Enfield Ave, Oakdale, Poole, BH15 3SG
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our Contract with You:
How we will accept students onto swimming lessons. If you are interested in booking either yourself or a child onto one of our swimming courses or onto 1- to-1 (or 2 to 1) lessons you should first contact us to ensure that a place is available. If a place is available a welcome letter and invoice will be despatched and payment will be taken. These terms and conditions together with the welcome letter and first invoice form the contract between us. Places on swimming lessons are not secured until payment has been made.
Your rights to make changes:
If you wish to change the time or location of your lessons please contact us. We will let you know about any changes to the price of the course or anything else that would be necessary as a result of your requested change.
Our rights to make changes:
We reserve the right to change the location of any booked lesson to an alternative pool at a location which is reasonably close to the original pool. This will be done if the pool is unavailable for any reason which may include closure or contamination of the pool. We will give you as much notice as possible of the change.
We reserve the right to change the instructor of group lessons and 1 to 1 lessons to accommodate staffing issues such as holiday or sickness. We will not usually notify you of such change.
We reserve the right to make changes to the pricing of our lessons and courses. You will be notified of any such changes via your invoice.
Our rights to suspend supply of services:
We may suspend the lessons, or your child’s right to participate in the lessons, for the following reasons:
- If you do not comply with any of your obligations set out below;
- If payment is not made (without prejudice to any of our other rights);
- If a child’s behaviour is disruptive to other participants in the class; or
- If you, or your child, or any other person accompanying your child fails to comply with any rules imposed by the pool or venue.
In extreme cases or in cases of repeated instances of breach of the rules contained within these terms and conditions, we reserve the right to terminate this contract and cancel the participants place on any course or future lessons without notice and without credit or refund.
- You must provide full contact details including mobile telephone number and inform us of any change to such details;
- You must provide complete medical background information on participants and inform us of any change to such information.
- You must take responsibility for ensuring that the participant is fit, well and free from any infectious ailments.
- Appropriate swimwear must be worn at all times (one piece for girls, trunks for boys, rash vests and goggles are also permitted) and long hair should be tied back, students participating in lessons at Talbot Primary are required to wear swimming hats;
- You must accompany children to lessons and remain within the building at all times during the lesson;
- You must take appropriate care of your possessions, personal items are left at owner’s risk. Neither We, nor the swimming pool will accept any liability for damage to, or loss of personal items;
- Babies and young children must wear swimming nappies throughout the lesson until they have been fully toilet trained for at least 6 weeks;
- Parents must not distract instructors during lessons;
- No photography is permitted either during lessons or afterwards (whether of your own child or of others). Instructors may, on request and in their sole discretion, permit you to take a photograph of your own child at the end of a lesson. Please refer to STA Child Protection Guidelines.
- Participants must ensure that they do not consume any food for at least 30 minutes before entering the pool for a lesson;
- Spectators should not wear outdoor shoes when poolside but should bring a pair of indoor flip flops or use shoe covers (if provided);
- Spectators are not permitted to eat or drink sugary drinks on poolside or in the changing areas. Water is permitted in plastic bottles. No glassware or ceramics are permitted poolside;
- Students may only enter the pool with the permission of the instructor;
- Participation in lessons is dependent upon payment of the fees in full. Should payment not be made within the timescales outlined in these terms then a Students place will be revoked and offered to a student on the waiting list.
Cancellation and Refunds
Participants on 1 to 1 (or 2 to 1) classes only may cancel a lesson giving at least 24 hours’ notice. Where lessons are cancelled you will be responsible to pay for the cancelled lesson at the rate of 50%. Refunds will be credited to the account of the participant and may be used in full or part payment against further bookings. Failure to give at least 24 hours’ notice of cancellation will mean that you will responsible for the entire cost of the lesson.
Participants on group lessons will not be entitled to a credit or refund if they are unable to attend their booked lessons.
We are unable to offer the rescheduling of lessons missed due to absence.
Where an event occurs which means that we are unable to proceed with a lesson and we are unable to change the location of the lesson or the instructor (as applicable) we reserve the right to cancel the lesson. In the event that we cancel a lesson credits will be issued to the account of the participant and may be used as part payment for future courses.
Where cheques are returned unpaid by the bank you agree to reimburse any charges/ costs incurred by us in connection with the unpaid cheque.
Once accepted into swimming lessons, students will be automatically booked onto future blocks of lessons. You may cancel future block bookings by informing us as soon as possible and in any event before payment for such course is due, however, cancellation is not permitted for blocks of lessons which the student has started but has not finished.
Price and payment
Our prices include VAT. If the rate of VAT changes we will adjust the price that you pay, unless you have already paid in advance for the services.
Fees must be paid before each terms lessons commence. Places on swimming courses are allocated on a ‘first come first served’ basis but customers are reminded that only payment will secure a place on a swimming course.
We will send you an invoice for the next block of lessons at least 10 days before payment is due. We accept payment over the telephone, by BACS or by cheque. Payment should be made by the date specified on the invoice. Requests are sent by email to the address provided to us by you. Please note that failure to make payment before the invoice date will result in the participant losing their place on the course.
How we will use your personal information. We will use the personal information you provide to us:
- to supply the services to you or your child;
- to process your payment for the swimming lessons; and
- with your consent, to give you information about similar services that we provide, but you may stop receiving this information at any time by contacting us.
Personal information will not be shared with third parties and will be kept in accordance with the Data Protection Act 1998.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the lessons, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.