Terms & Conditions
Please read the following important terms and conditions before you book swimming lessons with us and check that they contain everything which you want and nothing that you are not willing to agree to.
These terms govern how we will provide swimming lessons to you. If you don’t understand any of these terms and want to talk to us about it, please speak with us at our office or contact us by:
• email email@example.com ; or
• Telephone: 01202 031701 or Office mobile: 07900058395
Who are we?
In this contract:
‘We’, ‘us’ or ‘our’ means INDIVIDUALITY SWIMMING LIMITED (company number 10977341) a company registered in England and Wales with our registered office at 12 Haviland Road Ferndown Industrial Estate, Wimborne, Dorset, England, BH21 7RG. Our trading name is “Individuality Swimming & Fitness” and our trading address is:
Individuality Swimming and Fitness,
Suite 1, Discovery Court Business Centre,
551-553 Wallisdown Road,
Poole, Dorset BH12 5AG
‘You’ or ‘your’ means the person using our site to buy goods from us.
1.2.1 Any terms contained in our Welcome Letter (please see below);
1.2.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you as much notice as reasonably possible. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply.; and
All of the above documents form part of these terms as though set out in full here.
2 Your privacy and personal information
3 Booking swimming lessons or other services from us
3.1 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. We will let you know our swimming lesson fees before you decide to book any lessons or services with us.
3.2 Swimming lessons are mostly paid for by direct debit, with an initial payment due up front in advance of the start date for the lessons. Please call us so that we can assist you in setting up a direct debit arrangement with us and your chosen bank/account. We will always let you know the amount and date of your direct debit and the initial payment before you book. There is, in limited circumstances, other arrangements by which we accept payment, for example, paying in full for a block of lessons, or on a pay as you go basis for Aqua Natal or Adult Fitness classes (these can be discussed with you over the telephone at the time of booking, if required).
3.3 Swimming lessons and other swimming tuition is subject to availability and are on a first come first serve basis. If lessons or tuition is not available at your preferred time we shall, with your permission, add you to a waiting list for swimming lessons at that time and venue.
3.4 Places on swimming lessons or tuition are not secured until the initial, advance payment is made and received by us as cleared funds, and then each subsequent monthly payment as and when it falls due under our direct debit arrangement. We accept most credit cards and debit cards. We do not accept cheques, AMEX or Maestro. All payments by credit card or debit card need to be authorised by the relevant card issuer. Payment can be made by calling us.
3.5 If your payment is not received by us in cleared funds on the date on which we expect to receive the same, we may charge interest on any balance outstanding at the rate of 4% a year above National Westminster Bank plc’s base rate. We will email you to let you know if we intend to do this.
3.6 The price of our swimming lessons is in pounds sterling (£)(GBP) and includes VAT at the applicable rate.
3.7 There may be occasions when we cannot accept your booking. We will try to tell you promptly why we cannot accept the booking which is typically for the following reasons:
3.7.1 we cannot authorise your payment;
3.7.2 you are not allowed to buy the services from us;
3.7.3 we are not allowed to sell the services to you; or
3.7.4 there has been a mistake on the pricing or description of the services.
3.8 We will only accept your booking when we confirm that payment has been received. We will then send you a Welcome Letter. At this point a legally binding contract will be in place between you and us.
3.9 Once your payment is received, we will also send you a link so that you can create a username and password for your online portal. You will be able to see your payments and how many lessons are remaining from the block of lessons you have purchased. It is important to keep an eye on your portal to check payments and to keep you place secured in your swimming lessons.
3.10 It is very important that we receive prompt payment for your lessons if you wish to remain in the current class. We cannot accept any responsibility if you lose a place on your chosen class time because you have failed to maintain your booking and make the appropriate payment.
3.11 If you are under the age of 18 you may not book any swimming lessons or swimming services from us. Your guardian may book lessons on your behalf.
3.12 Please note that we reserve the right to increase the price of our swimming lessons to reflect the increase in costs to us at any time, and that we shall provide you with notice in writing of any such increase.
3.13 If you wish to permanently change the time or location of your lessons please contact us and we shall inform you if such changes are possible and within what timeframe. We will let you know about any changes to the price of the course or any other implication that would be necessary as a result of your requested change.
3.14 Once accepted into swimming lessons, your contract with us will continue unless or until terminated either by us, or you, in line with the provisions of these terms (please see our cancellation clause below).
4 Our swimming lessons and other services
4.1 We will provide the swimming lessons at the times and locations as displayed on our website from time to time.
4.2 On rare occasions our swimming lessons may be affected by events beyond our reasonable control. If so, we may have to postpone the lesson until such time as we are able to provide the lesson or swimming tuition again. Examples of events which might be beyond our reasonable control include (but are not limited to) the swimming venue being unavailable or our swimming instructors being unavailable at short notice or Government restrictions due to pandemic or epidemic.
4.3 If a swimming pool venue is unavailable for any reason, which could include closure or contamination, we will use reasonable efforts to change the location of any booked lessons to an alternative pool at a location which is reasonably close to the original pool. We will try to give you as much notice as possible of the change. It is important to note, however, that due to the nature and reasons behind some pool closures, in some instances, very little notice maybe given. We cannot accept liability should any pool become unavailable at short notice. If we are able to find an alternate location to provide the services, and notify you in advance of the change of venue, then we shall be deemed to have fulfilled our obligations due to you under these terms, and your failure to attend the lesson(s) shall be deemed swimmer absence in line with the provisions of clause 9 below.
4.4 Whist we shall aim for the continuity of instructors for lessons where possible, please note that we may have to change the instructor to accommodate our staff and business requirements such as instructor’s holiday or sickness. We will not usually notify you of such change.
5 ***Your Obligations***
5.1 Please read this clause carefully as we reserve the right to cancel your swimming lessons if any of these clauses are not adhered to by you, any guardian or any spectators accompanying you.
5.1.1 When you book lessons with us, you must provide full, accurate and up to date contact details including mobile telephone number. It is your responsibility to inform us of any change to such details;
5.1.2 You must provide us with accurate medical background and any additional support needs information for each participant of swimming lessons and/or tuition. It is your responsibility to inform us of any change to such information;
5.1.3 You must inform us of any information which may affect how we teach your child/the participant and which we would need to know in order to conduct our lessons as safely as possible;
5.1.4 You must take responsibility for ensuring that the participant is fit, well and free from any infectious ailments which could be passed on to others;
5.1.5 You, and any other parent, guardian or spectator must be courteous and respectful to our staff and the venue staff and other parents, guardians and spectators at all times;
5.1.6 You, and the participant and any other parent, guardian or spectator must not act nor behave in a way which could or is likely to cause an accident or harm to yourselves or others;
5.1.7 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, swimmers participating in lessons may be required to wear swimming hats;
5.1.8 You must accompany children to lessons and remain at the swimming pool venue at all times during the lesson, this is subject to any rules in place from time to time at any venue, to take account of possible national or regional restrictions on social distancing or limitations on number or people within the setting;
5.1.9 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 or property;
5.1.10 Babies and young children must wear swimming nappies throughout the lesson until they have been fully toilet trained for at least 6 weeks;
5.1.11 Parents, guardians and/or adults accompanying children and any other spectator must not distract instructors during lessons;
5.1.12 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;
5.1.13 Participants must ensure that they do not consume any food for at least 30 minutes before entering the pool for a lesson;
5.1.14 Participants may only enter the pool with the permission of the instructor;
5.1.15 Spectators should not wear outdoor shoes when poolside but should bring a pair of indoor flip flops or use shoe covers (if provided);
5.1.16 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, any failure to comply with this term could see you being liable for the cost of any remedial action being taken to rectify any damage, mess or contamination caused; and
5.1.17 All parents, guardians and spectators must and hereby agree to abide by the venue and/or swimming pool rules and any code of conduct in place from time to time.
5.2 *** Abuse or intimidation of any kind whatsoever, directed to or affecting venue staff or any of our staff or instructors, by any parents, guardians, spectators or swimmers will not be tolerated. We reserve the right to cancel and refuse to teach or offer future swimming lessons or tuition to a swimmer if any of the venues’ or our staff are subject to any physical or verbal abuse from a swimmer or their parents, guardians or spectators. We shall not be liable to refund any monies to you should the contract be terminated as a result of breach of the provisions of this clause 5.2 and you shall remain liable for any sums that remain due or owing for any notice period that might otherwise have been due.***
5.3 ***Any behaviour which causes, or is deemed likely to cause (such judgement to be made in our absolute discretion) an accident or harm to the swimmer or others will not be tolerated. We reserve the right to cancel and refuse to teach or offer future swimming lessons or tuition to a swimmer if they, their parent guardian or any other spectator accompanying a swimmer is acting in a way which is likely to cause an accident or harm to themselves or others. We shall not be liable to refund any monies to you should the contract be terminated as a result of breach of provisions of this clause 5.3 and you shall remain liable for any sums that remain due or owing for any notice period that might otherwise have been due.***
5.4 Participation in lessons is dependent upon payment of the applicable fees. Should payment not be made within the timescales outlined in these terms then a swimmer’s place will be revoked and offered to a person on the waiting list.
6 Our Obligations
6.1 We will carry out our swimming lessons and other swimming services with reasonable care and skill.
6.2 We may suspend the lessons, or your child’s right to participate in the lessons, for the following reasons:
6.2.1 If you do not comply with any of your obligations set out above;
6.2.2 If payment is not made (without prejudice to any of our other rights); or
6.2.3 If a child’s behaviour is disruptive to other swimmers in the class.
6.3 In extreme cases or in cases of repeated instances of breach of the rules contained within these terms and conditions or the applicable rules of any venue or swimming pool, we reserve the right in our absolute discretion to terminate this contract and cancel the swimmer’s lessons. Any such decision shall be final and we shall not be liable to refund any advance payments made by you, and you shall remain liable to us for any monies due to cover any applicable notice period.
6.4 Please note that we can never guarantee the progression or outcome of a swimmer. Progression and improvement in swimming ability will be affected by a number of factors to include lesson engagement, effort and how often the swimmer attends lessons.
7 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
8 Limit on our responsibility to you
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
7.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
8.1.2 business losses; and
8.1.3 losses to non-consumers.
9 Cancellations and Refunds
9.1 As our classes are provided on a specific date and time and as spaces are limited, we do not offer a cancellation option or refund, once you have booked and paid for lessons. Cancellation is not permitted once a course has started nor for lessons within a month where the swimmer has started but has not completed or not attended. However, if you have booked and paid for lessons and the first lesson has not yet commenced, then please contact us as soon as possible to discuss your options.
9.2 No refunds will be made and no re-booking of any class is permitted due to swimmer absence. This is because class numbers are limited and if a swimmer misses a class, you are preventing somebody else from attending.
9.3 If we are unable to proceed with a lesson, particularly if it is due to an event outside of our control, we reserve the right to cancel the lesson. In the event that we cancel a lesson your online portal will be updated to reflect the cancelled lesson. Where lessons or services are paid via Direct Debt your next month’s direct debit will be amended accordingly to reflect the cancelled lesson.
9.4 Where the swimming lessons are paid for via Direct Debt you will need to give one month’s calendar notice, should you wish to stop the lessons and terminate this contract, this must be in written form either to our postal address (as set out in these terms) or emailed to firstname.lastname@example.org we will then notify you of the last Direct Debit payment date and amount due.
9.5 Direct Debit payments are taken from your account on the 1st of each calendar month and will cover payment for the lessons in the calendar month in which payment is taken. Should you wish to cancel the Direct Debit arrangement, you will need to notify us of this (by email or post as set out under clause 9.4 above) before the 14th of the month, in which case, you will not be obliged to pay us for the following calendar month and your swimming lessons will be terminated at the end of the calendar month in which you notify us of your wish to cancel.
9.6 If you fail to notify us of your wish to cancel the Direct Debit arrangement before the 14th of the month, , then we reserve the right to rely on the provisions of clause 9.4 above, which requires one calendar month’s notice and as such we will treat your notification as your intention to terminate your Direct Debit after the payment is taken on the 1st day of the following month, and in line with the provisions of clause 9.5 above.
9.7 Should you cancel your Direct Debit arrangement with your bank, without notifying us, any monies still owing in line with the provisions of clauses 9.4 to 9.6 above, will remain due and payable, and interest shall begin to accrue on any unpaid sums at a rate of 8% per annum, commencing from the date on which payment would have been due.
10.1 We will try to resolve any disputes with you quickly and efficiently.
10.2 If you are unhappy with our service to you generally or any other matter, please contact us as soon as possible.
10.3 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have exclusive jurisdiction in relation to this contract.
10.4 The laws of England and Wales will apply to this contract.
11 Other important terms
11.1 No one other than a party to this contract has any right to enforce any term of this contract.
11.2 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.
11.3 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.