ADULT ONE-TO-ONE TERMS AND CONDITIONS

These are the terms and conditions on which Elite Swimming Academy (“we” and “us”) provide swimming lessons to you, the customer (“you”). Please read them carefully before making a booking with us.

Your attention is particularly drawn to clause 19 – Disclaimer.

1. Information about us and how to contact us
   1. We are ELITE SWIMMING ACADEMY LIMITED, a company registered in England and Wales. Our company registration number is 06917296 and our registered office is at Room 73, Wrest Park, Silsoe, MK45 4HR.
   2. If you need to contact us, all the relevant contact details can be found on our website at https://www.eliteswimmingacademy.co.uk/contact-us/.
   3. If we need to contact you we will do so using the information you provided us with when registering with us on our website. If your contact details change, you can update them by logging in to your customer area on our website at https://admin.eliteswimmingacademy.co.uk/Account/Login.
   4. When we use the words “writing” or “written” in these terms, this includes letter, email or SMS.
2. These Terms and conditions
   1. These terms and conditions apply to the two types of lessons we offer to adults:
      1. Private Lessons – one-to-one private coaching; and
      2. Drop-in Sessions – group coaching sessions you pay for on the day.
   2. These terms and conditions are split in to three parts:
      1. Part 1 – those terms which apply only to Private Lessons;
      2. Part 2 – those terms which apply only to Drop-In Sessions; and
      3. Part 3 – those terms which apply to both Private Lessons and Drop-in Sessions.

PART 1 – TERMS WHICH APPLY ONLY TO PRIVATE LESSONS

3. Registration
   1. Before making a booking for Private Lessons, you need to register with us. You can do this either:
      1. online at https://admin.eliteswimmingacademy.co.uk/Account/Register; or
      2. by telephoning us using the details at https://www.eliteswimmingacademy.co.uk/contact-us/.
   2. We will ask you for your name together with details of any medical condition you may have as well as your contact details which will include your telephone number, email address and postal address (for billing purposes). You must tell us as soon as you can if any of these details change.
4. Please note that we will use the information you provide us only in accordance with our privacy policy which you can access online here
5. Our contract with you for private Lessons
   1. Once you have registered with us you may make a booking for Private Lessons by emailing or by telephoning us.
   2. Your booking for Private Lessons is not guaranteed until:
      1. we receive payment from you in full (or such other amount as we may agree acting in our absolute discretion); and
      2. we send you a confirmation email,

at which point a legally binding contract will exist between you and us.

• The contract will exist until the end of the last lesson of your booking.
• If we are unable to accept your booking for Private Lessons, we will let you know as soon as possible and will refund any amounts you have paid to us. We reserve the right to not accept your booking for any reason and need not tell you why.
• Once your booking for Private Lessons is confirmed you will be able to view and manage that booking by logging in to your customer area, online (as mentioned above).

6. Payment for Private Lessons
   1. You must pay for lessons within the period of time stated in the invoice we issue you on receiving your booking. We accept payment by all major credit and debit cards (excluding American Express). We may also accept alternative methods of payment (such as BACS transfer, cash or cheque) but at our absolute discretion.
   2. If you think the amount we have charged you is incorrect, let us know as soon as possible. We will investigate the matter and, if you have paid too much, refund you the extra amount you paid.
7. Price For Private Lessons
   1. The price we charge for lessons will be as set out on our website https://www.eliteswimmingacademy.co.uk/swimming-fees/ at the time you make your booking (and will be confirmed in our confirmation email). We use our best efforts to ensure that the price of lessons advised to you is correct.
   2. However, it is always possible that we may get the price of lessons wrong. If we realise that the price is higher than quoted we will contact you for instructions before confirming your booking and you have the right not to proceed with your booking. If the price is lower than quoted, we will only charge the lower amount.
   3. Our prices includes VAT and if the rate of VAT changes between the date when you make your booking and the date you pay, we will adjust the rate of VAT that you pay. If you have already paid for the lessons in full before the change in the rate of VAT takes effect then there shall be no additional amounts for you to pay.
8. Providing the Lessons
   1. We will provide Private Lessons at the dates, the times and at the locations as set out in your booking.
   2. Private Lessons will start at the time stated in your booking. If you are late, the lesson will not be extended, and if you fail to attend without letting us know at least 24 hours in advance, you shall not be due any credit or refund.
   3. From time to time we may need to cancel a lesson you have booked. If this happens, we will let you know as soon as possible and you will have the following options:
      1. attend an alternative lesson at a later date; or
      2. if you are not able to attend the alternative lesson offered, receive a credit, redeemable against future bookings; or
      3. receive a refund for the lesson(s) cancelled.
   4. We reserve the right to change the teacher taking the lesson(s) you have booked and we don’t need to give you notice of this. We will only do this in exceptional circumstances and you acknowledge that such a change will not give you a right to cancel your booking.
9. If you need to make changes to your booking
   1. If you wish to make a change to the lesson(s) booked please contact us via email or telephone. We will use our reasonable efforts to accommodate your change, but make no guarantee that we will be able to do so.
   2. If we are able to make the change to your booking we will let you know about any variation in price, when we will provide the lessons or anything else which results from your requested change. We will ask you to confirm if you wish to go ahead with the change.
   3. If we are unable to make the change, or the consequences of the change are unacceptable to you, you may want to end the contract (see clause 1).
10. Medical Conditions, Illness and missing lessons.
    1. When registering you must provide us with details of any medical condition(s) affecting you, regardless of how serious it is. We reserve the right to decline to allow you to take part in lessons where we reasonably believe your condition would affect your ability to engage in the lessons.
    2. If you are unable to attend a lesson due to illness or for any other reason, please let us know as soon as possible and, in any event, by no later than 24 hours prior to the start of the lesson. Provided you let us know at least 24 hours prior to the start of the lesson we will offer you either:
       1. a credit, redeemable against a future booking; or
       2. a refund for the missed lesson,

but, for the avoidance of doubt, if you fail to tell us at least 24 hours prior to a lesson that you are unable to attend, you shall not be due a credit or refund and, if you have not paid by the date of the missed lesson, you shall still be due to pay us as if the lesson took place (this is because we will still have to pay for the pool hire at the teacher’s time).

11. Our rights to make changes
    1. We may make changes to lessons:
       1. to reflect changes in relevant laws and regulatory requirements; and
       2. to implement minor technical adjustments and improvements,

but these changes will not will significantly vary the nature of the lessons.

• In addition, as we may need to make more significant changes to lessons and your booking, such as the time or location of lessons. If we need to do this, we will let you know and if you do not agree to the changes you can end the contract (see clause 13).

12. Your rights to end the contract
    1. You can end this contract at any time by any of the methods listed in clause 15. However, when and why you end the contract will affect the refund (if any) we give you. Please see the clauses below which set out when you can end the contract and what we will refund you.
13. Ending the contract because of something we have done or are going to do.
    1. If you are ending a contract because we have told you about an upcoming change to the lessons or these terms which you do not agree to (see clause 11.2), the contract will end immediately and we will offer you credit redeemable against future bookings. Alternatively or you can request that we refund you in full for any lesson you have paid for, but which has not been provided.
14. Ending the contract where we are not at fault
    1. You can end the contract at any time even if we have done nothing wrong. If you do so we will reimburse you any money you have paid for lessons which have not been provided. However, at our discretion, we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15. How to end the contract with us
    1. To end the contract with us, please let us know by contacting us via telephone or email using the contact details on our website at https://www.eliteswimmingacademy.co.uk/contact-us/.

16. Our rights to end the contract
    1. We may end the contract for lessons at any time by writing to you if you:
       1. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide lessons;
       2. do not make any payment to us when it is due and you still do not make payment to us within seven days of us reminding you that payment is due; or
       3. have breached these terms which includes a breach of the provisions of clause 2 and clause 22.
    2. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for lessons which have not been provided. However we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We reserve the right to stop providing lessons at any time. If we do this we will provide you with as much notice as we are able and will refund any money you have paid for lessons which we will be unable to provide.

PART 2 – TERMS WHICH ONLY APPLY TO DROP-IN SESSIONS

17. Illness and Fitness to Swim
    1. If there are any signs of stomach upset and sickness in your household on the day you intend to attend a Drop-in Session, or during the seven days prior, we ask that for the safety of other participants you do not attend the Drop-in Session.
    2. We reserve the right to prevent you from taking part in the Drop-in Session if reasonably believe that you are not in a fit state to participate.
    3. Similarly, we may ask you to leave the pool at any time during the Drop-in Session if you have breached these terms which includes a breach of the provisions of clause 2 and clause 22.
18. Price and Payment
    1. The price we charge for Drop-in Sessions will be as set out on our website https://eliteswimmingacademy-dev02.2idesign.agency/about/our-fees/ or as otherwise advised to you on the day of the Drop-in Session.
    2. You must pay, or present a valid Swim Card (see below) before you will be allowed to enter the pool. We accept payment by cash only.
    3. Rather than paying on the day you can purchase a Swim Card either over the phone (by using the contact details set out on our website) or from the teacher on the day of the Drop-In Session. The cost of the Swim Card is as set out on our website and entitles you to attend 10 Drop-in Sessions. We accept payment over the phone by all major credit and debit cards (excluding American Express). We may also accept alternative methods of payment (such as BACS transfer, cash or cheque) but at our absolute discretion. If purchasing direct from the teacher, we can only accept payment by cash.
    4. If, after purchasing a Swim Card, you decide that you no longer want to attend any more Drop-in Sessions, please return the Swim Card to us, on receipt of which we will either:
       1. offer you credit, redeemable against future bookings, equal to the value of the unused sessions as shown on the Swim Card; or
       2. a refund equal to the value of the unused sessions.
    5. Any refund will be given in accordance with clause 20.

PART 3 – TERMS WHICH APPLY TO BOTH PRIVATE LESSONS AND DROP-IN SESSIONS

19. Disclaimer
    1. Swimming is physically challenging at carries with it risks that we cannot entirely eliminate.
    2. Rules:
       1. you must act responsibly and sensibly at all times;
       2. you must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs;
       3. you must follow any safety warnings or instructions displayed under or given to you by the teacher (always ask the teacher if you are unsure); and
       4. we are not qualified to express an opinion that you are fit to safely participate and you must obtain professional or specialist advice from your doctor before doing so.
    3. You are responsible for using the pool and any equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others.
    4. In the absence of any negligence or other breach of duty by us:
       1. the use of the pool and any equipment provided by us is entirely at your own risk; and
       2. we are not responsible for any theft, damage, destruction or loss of your property or belongings whilst at the pool.

20. Refunds
    1. Any refund due to you as set out in these terms and conditions will be refunded to you by the method you used for payment and within 14 days us agreeing that a refund is due.
21. Participants with disabilities and special needs
    1. We do all we can to accommodate participants with disabilities and special needs.
    2. If you have a disability or special needs, we will work with you to establish how best we can accommodate you and will make recommendations on the level and type of teaching based on our professional judgement.
22. Pool Regulations
    1. We ask that at all times when at the pool you comply with the following:
       1. photography and video recording at the pool is strictly prohibited at all times;
       2. shoes must be removed before entering the poolside or, if available, overshoes are to be worn;
       3. you are only to enter the pool when invited to do so by the teacher; and
       4. at the end of the lesson, we ask that you leave the pool quickly and in an orderly manner.

23. If there is a problem with the lessons
    1. If you have any questions or complaints about the lessons we provide, please contact us as soon as you can using the contact details on our website.
    2. Please note that we are under a legal duty to provide you with lessons in conformity with this contract and to provide the lessons with reasonable care and skill.
    3. Nothing in these terms will affect your legal rights.
24. Our responsibility for loss or damage suffered by you
    1. 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. However, we are not responsible for any loss or damage that is not foreseeable.
    2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    3. 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to providing lessons.
25. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for lessons paid for but which were due to take place after the contract ends.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. 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 lessons, we can still require you to make the payment at a later date.
    5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.