TERMS AND CONDITIONS
last updated October 2021
The following Agreement applies to all parents or guardians (you) of any child, and to all adults (you) attending swimming lessons organised by Happy Little Swim School (we, our or us).
Acceptance of this Agreement
We are Happy Little Swim School.
If we have to contact you, we will do so by mobile 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 is made by you to us in full.
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/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.
Children with special needs are always welcome at our lessons. 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.
During Covid-19 restrictions, we would request that only one parent accompany a child that is swimming. However, we understand that sometimes this is not possible and non-swimming siblings must be brought into the swimming pool building. If this is the case, then you are entirely responsible for ensuring the non-swimming siblings stay on your laps or beside you at all times. You must also ensure that any non-swimming siblings do not touch any Happy Little Swim School equipment and you and your children observe the two metre distance rules with all other individuals at all times.
Behaviour Standards, Code of Conduct and Exclusions
You must always follow pool procedure and instructions by us. Happy Little Swim School reserves the right to ask anyone to leave the swimming pool building at any time and for any reason.
During Covid-19 restrictions, additional instructions to ensure your and your child’s safety will be made available to you by email.
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 on poolside. Please use the overshoes provided at the entrances to poolside.
We advise the removal of all jewellery before entering the water.
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 Happy Little Swim School 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.
During Covid-19 restrictions, you must follow the relevant UK Government guidelines that relate to Covid-19 or any other infectious disease for either yourself or your children.
Zero Abuse Policy
Happy Little Swim School 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 i.e. the police, may be contacted. We also have the right to immediately cancel this Agreement and you will receive no refund for unused lessons.
Due to child protection regulations photography (including camera phones) and video filming are not permitted during Happy Little Swim School lessons, without prior permission. Happy Little Swim School reserves the right to use our photographs for publicity purposes. However, in each instance we will inform you first.
All Happy Little Swim School photography, logos and illustrations are the copyright of Happy Little Swim School (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 hold your space, or refund any part of the course fee. The specified re-booking date is sent to existing customers in advance of the next swimming term. This 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 £25 administrative fee. We will make these payments to you no later than 14 days from notification by us to you of that payment.
Cancellation or changes by us
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 next terms fees for lessons with us. 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 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.
If we have to completely or partially close the swimming pool due to Covid-19 or other infectious disease (Lockdown), then any remaining lessons are carried forward to when Happy Little Swim School is (1) permitted to re-start by the UK Government or other competent authority and (2) the swimming pool is available and able to re-open.
As soon we can, we will inform you of the date of re-commencing of lessons and use all reasonable efforts offer you the same time and date that had been booked prior to the start of Lockdown. If we cannot offer you the same day and time or your pre Lockdown booked lessons are no longer suitable for you, we will use all reasonable efforts to offer you a substitute lesson.
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 Happy Little Swim School 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.
Every member of staff at Happy Little Swim School 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 Happy Little Swim School should be sent to: Fliss Healey-Lyman.
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 recent 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