The Little Swim Club Terms & Conditions

Baby, Toddler, Children and Adult Terms & Conditions (Agreement).  The following Agreement applies to all parents or guardians (you) of any baby, toddler or child, and to all adults (you) attending swimming lessons/water sessions organised by The Little Swim Club Ltd (we, our or us). 

Acceptance of this Agreement

• We are The Little Swim Club Ltd
• Hook Address - The Workshop, Bartley Heath, Hook, Hants, RG27 9AB.   Telephone number 01256 763381.  Email:  info@thelittleswimclub.co.uk
• If we have to contact you, we will do so by mobile or landline or by writing to you at the email address you have provided us with.  If you have any changes to your contact details, it is your responsibility to tell us.
• A contract under the full terms of Agreement will exist when payment in made by you to us in full. 

Child Safety

• Parents/guardians are responsible for their children at all times.  That responsibility extends from inside the swimming pool area, changing and entrance areas to the car park and all outside areas.  Children must always be under your direct supervision and never be left unattended.  Parents must remain in the pool building when their child is swimming.
• Parents/guardians must inform us prior to the start of a lesson if there are any concerns with either your own or your children’s welfare or safety.
• For health and safety reasons, babies/toddlers must be changed either on the floor or in the baby cubicles provided.
• Children with special needs are always welcome at our pools.  We do not however employ specially trained staff and therefore cannot be held liable for the care of such children beyond the teaching of swimming techniques

Behaviour Standards, Code of Conduct and Exclusions

• You must always follow pool procedure and instructions by us.  The Little Swim Club reserves the right to ask anyone to leave the swimming pool building at any time and for any reason.
• Pushchairs are not allowed in the building.
• No running is allowed on the swimming pool building including the pool side. Anyone running on wet surfaces can very easily slip and hurt themselves.
• Swimmers should not eat for at least an hour prior to swimming.
• Food is strictly forbidden in the swimming pool buildings, whether around poolside or in any of the changing areas.
• No shoes/outer footwear may be worn in the changing rooms or on poolside.  Please use the shoe rack provided as you enter the building. We advise the removal of all jewellery before entering the water.
• Unless directed otherwise, all swimmers must shower off before getting into the pool and after they leave the pool.  This is to remove perfumes, deodorants, shampoos, soaps, make-up, moisturisers, etc that we have on our skin that become pool contaminants.
• Do not use talcum powder as it can affect the chemicals in the pool. Talcum powder also gets clogged in the anti-slip floor.
• Children must only be changed in the changing areas. Do not use the seating along poolside as this is provided for parents. Once a child’s lesson has finished these seats should be immediately vacated
• Please be considerate to classes taking place while you are waiting for your class.  Keep poolside noise down to a minimum so that all lessons can take place in a calm and peaceful atmosphere. Do not enter the pool until the current class has finished and wait to be invited to do so by your teacher.
• Noise levels must be kept to a minimum outside to prevent disruption to neighbouring properties.

 Nappies

• We operate a strict double nappy policy for those children who are not yet potty trained.  Please contact us if you have any questions.  If you have not used an appropriate double nappy, then we will either refuse you to swim at the lesson or ask you to leave the pool water; you will not be refunded for that lesson or given a credit for future lessons.
• Nappies, including disposable swim nappies and all other rubbish must not be left on the premises.

Illness and Medical

• You are responsible for checking with your doctor that there is no issue for yourself or your child to swim.
• Medical conditions must be disclosed to The Little Swim Club regarding yourself, your child, or any guardian who is attending lessons with your child. All information received is treated in the strictest confidence and with the utmost sensitivity.
• Under no circumstances should a child attend lessons if they are unwell.
• For health and safety reasons, you must not attend or bring your child to a class for at least 48 hours after you or your child have been cleared of any symptoms of illness, sickness, or diarrhoea, or at least 2 weeks after being cleared of symptoms such as cryptosporidium.  If in doubt, seek medical advice.  In rare cases, we may ask you for a doctor’s letter confirming it is safe for you or your child to swim.  If we have any concerns prior to the lesson starting, we may refuse you or your child to swim.
• We recommend children do not attend lessons if they have an ear infection, a heavy cold or sinusitis.
• Refunds or credit for future lessons are not given for lessons missed due to illness.

 Parking

• You should aim to arrive in the car park no earlier than 15 minutes before the start of the class and leave the car park within 15 minutes after the end of the class.  If you need more time because of special needs, then let us know in advance of your arriving and we will do what we can to accommodate your request.

Zero Abuse Policy

• The Little Swim Club expects all students, parents and guardians to behave in an acceptable standard at all times. We reserve the right to exclude anyone who fails to meet this standard.
• We do not tolerate discrimination or bullying of any kind. Every one of our students, teachers, other members of staff, parents and guardians deserve to be treated with respect, regardless of their age, gender, racial origin, disability, religious beliefs, sexual orientation, economic background or level of ability.
• We operate a ‘zero abuse tolerance’ policy. Any verbal or physical act of aggression made by you or your children to either us or any other people on the premises will result in the immediate exclusion of this person from the swim school.  If the matter is deemed serious enough, the relevant authorities, such as the police, may be contacted. We also have the right to immediately cancel this Agreement and you will receive no refund for unused lessons.

Photography

• Due to child protection regulations photography (including camera phones) and video filming are not permitted during The Little Swim Club lessons.  Official photo sessions are, on occasion, offered by The Little Swim Club for which we obtain signed consent from all those who attend that session.  The Little Swim Club reserves the right to use our photographs for publicity purposes.  However, in each instance we will inform you first.
• All The Little Swim Club photography, logos and illustrations are the copyright of The Little Swim Club (or credited parties). Any scanning or reproduction of any of the above without our written agreement will be regarded as being in breach of our copyright and will be dealt with accordingly.

Cancellation or changes by you

• We do not provide refunds or credits for absence from lessons for any reason, including illness or holidays, regardless of the number of lessons missed.  Nor can missed lessons be re-arranged or carried over to the next swimming period.
• New customers have a 7-day cooling off period from the date of booking, during which a full refund will be given if cancellation is requested. However, this withdrawal right shall no longer be exercised if the first lesson has taken place before the expiry of the cooling off period. Cancellation must be made in writing.  Once the cooling off period has passed, we are under no obligation to refund any part of the course fee.
• Existing customers who do not wish to be re-booked onto a course for the next term, must notify us before the specified re-booking date. Once the re-booking date has passed, we are under no obligation to refund any part of the course fee.  The specified re-booking date is emailed to existing customers via our automatic rebooking payment system in advance of the next swimming term.  This system ensures that continuity of swimming lessons is provided to existing customers as a priority and forthcoming day/time of lessons are confirmed.  
• With the exception of cancellations made during the cooling off period, any payments due to you from us will attract a £15 administrative fee.  We will make these payments to you no later than 14 days from notification by us to you of that payment.
• Payments for lessons cannot be made at the swimming pool.
• In the event of exceptional medical circumstances with your child, such as them suffering a broken limb or illness which affects them for 5 weeks or more, at the sole discretion of The Little Swim Club, we may offer you a credit for all lessons missed valid for 6 months from date of issue as a result of that medical condition providing that: a) You inform us in writing of the condition and prognosis before the first lesson to be missed and b) You provide us with a doctor’s note at your cost detailing your child’s illness or medical condition.  Only the number of weeks remaining from the swimming period will be credited and cannot be backdated for missed lessons.  We will endeavour to offer you a lesson as soon as practicable but we cannot guarantee it will be on the day or time before your child suffered the illness or exceptional medical circumstance.

 Cancellation or changes by us

• If we determine that there is insufficient child numbers in any particular lesson, then we have the right to cancel, suspend or postpone the course before the date of the first lesson.  We shall give you as much notice as possible of any such cancellation and offer an alternative.  Should we be unable to provide an acceptable alternative to you, we will provide you with a full refund of your course.  Our liability for any such cancellation shall be limited to this refund and we shall not be liable for any losses of any kind incurred by you because of such cancellation.
• We will make every effort not to cancel lessons once a swimming period has started but on occasions due to pool closure or other unforeseen circumstances, we may be forced to do so.  We shall give you as much notice as possible of any such cancellation.  In this event we will try and offer you a substitute lesson on a date designated by us.  If you notify us in advance that you are unable to attend this substitute lesson, then you will receive a credit for the cancelled lesson. This credit may be offset against future fees for lessons you may have with us and is valid for 6 months from date of issue. If you do not accept the substitute lesson or do not wish to rebook for a future swimming period, we are not obliged to provide a refund.  We shall not be liable for any losses of any kind incurred by you because of such lesson cancellation.
• We try to arrange that your child has the same teacher for each lesson, but we cannot guarantee this due to illness or holidays of the teacher, or other unforeseen circumstances.  You may not claim a credit or a refund due to a change in teacher.
• If after a maximum of three consecutive lessons attended by your child, in our professional opinion we believe that your child is not happy in the water and/or continuing with lessons, we reserve the right to cancel the remainder of the lessons and we will refund you for the remaining lessons that your child has not attended.

If we are subject to a force majeure event we shall not be in breach of this Agreement, providing that:

• We promptly tell you of the nature of the force majeure event causing our failure or delay in performance.
• We have used all reasonable endeavours to mitigate the force majeure event and to resume our obligations under the terms of this Agreement as soon as reasonably possible.
• Force majeure event to include but not limited to the following: Fire, flood, compliance with any law, acts of God, terrorist attack, local, national or international disease, failure of utility service (e.g. electricity, gas, water, oil), war, sonic boom, explosion, accidental damage, labour disputes, collapse or partial collapse of building structures.
• Providing you notify us in advance that you cannot accept the substitute lesson, then you will receive a credit that can be used to offset against future fees for lessons you may have with us.  This credit is valid for 6 months from the date of issue and we will use all reasonable endeavours to allocate you a place within this 6 months time window, however the allocation of a lesson cannot be guaranteed.
• If you do not accept the substitute lesson, do not wish to use the credit for a future swimming period or despite all reasonable efforts we cannot find a future suitable lesson before the expiry of the 6 month lesson credit time window, we are not obliged to provide a refund.  We shall not be liable for any losses of any kind incurred by you because of such lesson cancellation. 

 Issues of Liability

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence, our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
• We are responsible to you for foreseeable loss and damage caused by us but only to the extent of the value of the contract that you have with us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is reasonably obvious that it might happen or if, at the time this Agreement was made, both we and you knew it might reasonably happen.
• In the absence of any proven negligence, lack of due diligence or breach of duty by us, the participation of you, or your child, and any other people whom you invite or whose care you have placed your child in for the purposes of attending or observing our swimming sessions, is done so entirely at your and their own risk.  Any incident must be reported to The Little Swim Club immediately.
• In the event that you, other people whom you invite or your child causes harm, damage, loss or injury to any other person or property, you agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including legal fees), and any other liability suffered by us as a result of such harm, damage, loss, or injury.
• For all Adult classes you confirm that you are in an appropriate physical condition to participate in the class, that you have taken medical advice on any pre-existing medical conditions prior to participation in the swimming activities, and that it is medically safe for you to take part.  You further agree that to the extent permissible by law, we shall have no liability to you whatsoever for any direct or indirect loss, (including, but not limited to injury or death) sustained by you during or in any way related to your participation in swimming activities.
• We shall not be liable for any loss, theft or damage of your, other people whom you invite, or your child’s personal possessions left by you on the property (including without limitation in the changing rooms, pool side, toilets and in the car park).  This is done so at entirely your own risk. Cars parked in the car parking areas are left entirely at the owner’s risk.

 Child protection

• Every member of staff at The Little Swim Club has the duty to act if they suspect a child may be suffering from abuse or if a child, parent or guardian makes a disclosure about abuse.  If you have any questions, complaints or concerns regarding child welfare, then please contact us immediately.  Any concerns about a child or vulnerable adult in The Little Swim Club should be sent to: info@thelittleswimclub.co.uk.

Other important terms

• This Agreement shall be governed by and construed in accordance with the law of England & Wales and you agree that any disputes shall be resolved and interpreted exclusively by the Courts of England & Wales.
• This Agreement is between you and us and you have no right to appoint, assign, charge, or subcontract any other person or persons to enforce any of the terms in this Agreement.  However, we may decide to transfer this Agreement and our rights and obligations to somebody else.
• If a court finds a part of the Agreement illegal or invalid, then the rest of the Agreement will continue as each of these paragraphs and sections operate separately.
• Even if we delay in enforcing any of the terms of this Agreement, we can still enforce it at any later date we choose to do so.
• From time to time, we may update these Terms and Conditions by emailing you either an updated complete version or specific notification of minor changes.  We will also publish this updated Agreement on our website.  The Agreement on our web site will always be the most Agreement.  As soon as an updated Agreement is available on our web site, it will take immediate effect regardless of whether we have sent you any Agreement email updates.

 End of Agreement document