Childrens Lessons Terms and Conditions

Children’s Lessons Terms & Conditions

The following terms and conditions apply to all parents or guardians (“you”) of any child attending swimming lessons organised by Elite Swimming Academy Ltd (“we” or “us”). Please ensure you have read and understand the following and please keep a copy for your records:

  1. Acceptance of terms and conditions
    1. By booking, or your child attending a swimming lesson with us, you accept these terms and conditions and they will form a binding contract between you and us.
    2. You will ensure that your children and any other children you bring to the swimming pool will follow the general swimming pool rules set out at the end of these terms and conditions and any rules that are specific to a particular pool.
    3. We reserve the right to vary these terms and conditions at any time upon reasonable notice to you.
  1. Lessons
    1. We run two types of swimming lesson courses as follows:
      • (A) Weekly lessons for a period of 11 to 15 consecutive weeks (depending on the length of the school term), not including school holiday breaks.  Each lesson on a course will take place on the same day, at the same time and at the same pool every week for the duration of the course (including bank holidays).
      • (B) Intensive courses of 5 days from Monday to Friday over a school holiday period. Each lesson on the intensive course is at the same time and pool every day for 5 consecutive days (including bank holidays)
      • (C) (Together “Courses”)
    2. The start date, start time, course and session duration, the name of teacher and the pool venue of the course will be confirmed in writing on the invoice that will be sent to you prior to the commencement of the course. This information can also be accessed via your online account (see below).
    3. All lessons will start promptly at the agreed start time. If your child arrives late to the pool, the lesson will not be extended and will end at the agreed end time.
  1. Registration and contacting us
    1. Before booking any courses with us you must register your details with us either on our websiteeliteswimmingacadmey.co.uk (hereafter website) or by telephone. You must give us your email address, which we will use to send you administrative and marketing information about our services and other information in accordance with our Privacy Policy. We will hold your details securely in our online customer account system in accordance with our Privacy Policy.
    2. Where these terms and conditions require you to telephone us, please telephone us on 01223 633 699 or any of our local numbers, where applicable. All calls are recorded for quality and training purposes. Where these terms and conditions require you to email us, please email us atinfo@eliteswimmingacademy.co.uk. Where these terms refer to ‘our offices’, this is a reference to our offices at Milton Country Park, Cambridge Rd, Milton, Cambridge, CB24 6AZ.
    3. Bookings may be made by email or by telephone and shall be on a first-come, first-serve basis. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.
  1. Online account
    1. You must keep your contact details in your online customer account up to date, because we use this information for our re-enrolment process, posting awards and to contact you if lessons are cancelled.
      • (A) If we are unable to contact you because the contact details in your online customer account are out of date, then our lessons credit system set out in these terms and conditions will not apply to you.
    2. You agree that all information stored in your online account can be accessed by us and our employees, consultants and agents.
    3. We will use the information in your online account for contact purposes, lesson bookings, invoicing and re-enrolment and any other such purposes as we deem reasonable as part of the provision of the courses.
    4. If you provide us with a mobile telephone number, we will use this to send you SMS alerts when lessons are cancelled or for re-enrolment reminders.
      • (B) We will not use your mobile telephone number for marketing purposes or for any other reasons than those stated in section 4.(4)
      • (C) You may opt out of our SMS alerts by replying ‘STOP’ (standard local rates apply). Please be aware that you will then never receive text alerts again. This cannot be undone.
    5. You will log into your online account with the email address that you gave us as part of your registration process. A password is automatically generated for you and may be changed to something more memorable once you have logged in. You must treat as confidential such user identification code, password and any other piece of information as part of our security procedures, and you must not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these terms or conditions or ourWebsite Terms of Use.
  1. Payment
    1. The fee for a course will be confirmed to you at the time of booking online or by telephone and will be set out in an invoice which we will email to you. You must pay for the whole course even if your child misses a lesson for any reason.
      • (A) Invoices that are emailed to you and not seen by you because (a) your email address has been entered incorrectly or (b) has been marked as ‘spam’ by your email client are still payable in full.
      • (B) We may send invoices by post at our discretion, however posted invoices not received by you will still remain payable
    2. Payment must be made in full before the start of the course.
    3. If you book a course after the course’s scheduled start date, you must pay in full before your first scheduled session, regardless of attendance of the same.
    4. If payment is not received by the course start date, then your account will be treated as a late payment and we may at our complete discretion cancel your booking and we shall not be obliged to teach your child:
      • (A) You will be reminded by email and/or telephone after non-payment one week after your first lesson has commenced.
        1. (i) Emails and voicemails not received will still serve as notice of Late Payment.
      • (B) A final warning will be issued by email and/or telephone if no payment has been made after three allotted sessions of your course have passed, regardless of attendance.
        1. (i) Emails and voicemails not received will still serve as a final notice of Late Payment
      • (C) If full payment for the term has not been received (or you have not arranged a part-payment at our discretion) after your final warning, your booking will be cancelled and your invoice will remain payable in full
        1. (i) We reserve the right to pass any Late Payments on to third-party debt collection agencies after a final warning has been issued, you may accrue additional charges in order to cover debt resolution costs, including but not limited to interest and agency fees.
      • (D) Late payments will apply where you have failed to notify us of cancellation (Paragraph 9) before the course has begun
      • (E) (Together “Late Payments”)
    5. We accept cheques made payable to “Elite Swimming Academy Ltd” and posted to our offices. We also accept major credit/debit cards for telephone and online payments.
    6. Payment cannot be accepted at any swimming pools or lesson venues.
    7. If you are booking concurrent courses for two children, we may in our complete discretion allow you to pay for the courses in two instalments. You may request this instalment option by emailing us at any time prior to the start date of the course. If we agree to the instalment option, we will confirm this to you by email.
      • (A) The first instalment shall be 50% of the total course’s fees and must be made before the start of the course.
      • (B) The second instalment of the balance of 50% of the total course fees must be made on the date specified in our email.
        1. (i) Late instalments will be subject to the procedure as set out in “Late Payments”
      • (C) The option to pay in instalments will not apply to any account that has already fallen under “Late Payments”
  1. Holidays
    1. If you wish to take a holiday during a course so that your child misses a lesson or lessons within the course, you must still pay for the entire course. You shall of course retain your place on the course for the duration of the course.
    2. We work through all bank holidays and national holidays that fall during a course, not including Christmas and New Year.
  1. Illness and medical conditions
    1. If your child is ill you must telephone or email us by 9am on the day of your child’s lesson so that we are able to inform the teacher that your child will not be attending the lesson.
    2. If there are any signs of stomach upset and sickness in your family on the day of your child’s lesson or in the 7 days before the lesson, you must inform us by telephone not later than one hour before your child’s lesson is set to commence and in the case of such notification, we reserve the right to cancel your child’s lesson(s), for the following 48 hours as a minimum, for the safety of your child and of others.
    3. Children with heavy colds, sinusitis, ear infections, diarrhea, vomiting, chicken pox and any other contagious diseases should not attend lessons whilst these symptoms show. If these symptoms show in siblings or family members, we advise against attending lessons and reserve the right to cancel your child’s lesson(s), for the following 48 hours as a minimum. If you have any queries with regard to further health problems please telephone us. We shall not be liable for your child catching any illness or disease whilst at our lessons.
    4. Subject to the following, we will not provide refunds or credits for absence from booked lessons due to illness, regardless of the number of lessons missed as a result. However, if your child suffers a serious illness, which affects him or her for more than 4 weeks (such as broken bones or any condition that requires prolonged hospitalisation and/or medical attention) then we may offer you a credit for all lessons missed as a result of the condition if:
      • (A) you inform us of the condition and prognosis no less than 48 hours before the first lesson to be missed;
      • (B) you provide us with a doctor’s note detailing your child’s illness or medical condition;
      • (C) Your customer account does not fall within “Late Payments”
    5. If we offer you a credit in these circumstances but you do not wish to continue with swimming lessons with us, we may at our discretion offer you a refund instead for the number of weeks remaining.
    6. You must declare to us in writing by emailing us or by logging into your customer account all medical conditions affecting your child, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your child’s engagement in lessons and we will notify you of our decision within 48 hours of receiving your notice.
    7. It is your responsibility to ensure that you or your child is medically fit to swim. We will not be liable for any accidents or injuries arising from swimming with us that relate to your child’s individual medical condition(s), save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.
  1. Requests to change lessons and requests for credits
    1. You shall not have the right to change the day, time, venue or teacher for your booked lessons for any reason once the course has started  but we may entirely at our discretion choose to allow you to do so if we feel that you have reasonable grounds to request such change. This applies even if your circumstances or work commitments change.
    2. Subject to the following paragraph, if your child refuses to get into the water or you decide you no longer want your child to attend the course, we will not give refunds or credits.
    3. If however after three lessons, in our professional opinion your child is not happy in the water and/or having lessons and we feel it will not be beneficial for your child to continue with the course at that time, we reserve the right to cancel the remainder of the lessons in the course and will credit you for the lessons that your child has not been able to attend. We will discuss with you when might be the right time for your child to recommence a course. If in these circumstances you do not wish to continue with swimming lessons with us, you must notify us of this by email and we will provide you with a full refund for the lessons missed.
    4. If you are ever dissatisfied with a class or teacher you must notify us immediately either by telephone or email and allow us the opportunity to resolve the issue. We will try to resolve the issue by offering a change in teacher, day, time or venue. If after three lessons following your notification we are unable to offer a solution that satisfies you and you choose not to continue with the remainder of the course, we may in our absolute discretion offer you a refund for the unused lessons remaining in the course.
    5. Credits for unused lessons may be given for other circumstances in our absolute discretion and only once all other options have been explored. If we agree to give you a credit for unused lessons but you do not wish to continue swimming lessons with us then we may in our absolute discretion offer you a refund for unused lessons.
    6. We try to arrange that your child has the same teacher for each lesson within the course but we cannot guarantee this due to illness or holidays of the teacher and unforeseen circumstances. You may not claim a credit or a refund due to a change in teacher.
    7. No credits will be applied where your account falls under “Late Payments” as set out in Paragraph 5.(4)
  1. Cancellation by you
    1. If you cancel a course after you have paid for it, we shall not be obliged to provide you with any credit or refund subject to paragraph 8 of these terms and conditions.
    2. If you have booked a course but have not yet paid, you may cancel the course prior to the date of the first lesson by contacting us and notifying us of your wish to cancel.
    3. If you request to cancel your course after the start date, you will still be liable to pay for all allotted sessions up to that point, regardless of attendance of the same
    4. If you have not submitted a request to cancel after your “Late Payment” final warning, your full invoice will remain payable and we reserve the right to pass the matter on to third-party debt collection agencies per Paragraph 5.(4)(c)(i) of these Terms and Conditions
  1. Cancellation by us
    1. If we determine that there is insufficient support for a course, 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 we will provide you with a full refund of your course fee if no suitable alternative course is found. 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 as a result of such cancellation.
    2. We will make every effort not to cancel lessons once a course has started but on rare occasions pool closure or other unforeseen circumstances may force us to do so. We shall give you as much notice as possible of any such cancellation. In this event we will offer you a substitute lesson on a date designated by us. If you notify us that you are unable to attend the substitute lesson in advance of the date scheduled for the substitute lesson, then you will receive a credit for the cancelled lesson. This credit may be offset against your fees for a subsequent course. If you do not accept the substitute lesson or do not wish to re-enrol for a subsequent course, we are not obliged to provide a refund. We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
      • (A) Provision 10.(2) will not apply to any invoices that fall under “Late Payments” per Paragraph 5.(4)
    3. Paragraph 10 applies only to lessons cancelled by us. It does not apply if you miss a lesson for any other reason, including holidays or sickness.
  1. Re-enrolment (weekly lessons only)
    1. Shortly before the end of a course we will send an email to the address in your online customer account offering you the chance to re-enrol for the next course within a specified time-limit (hereafter “re-enrolment deadline”) and setting out the fee for the course.
    2. If you wish to re-enrol you must follow the re-enrolment procedure set out in your online account and pay the relevant course fee in the manner set out by Paragraph 5.
    3. By re-enrolling, you agree to accept these terms and conditions and they will be incorporated into a binding contract between us.
    4. Re-enrolment requests that are not submitted before the “re-enrolment deadline” will be treated as notice of cancellation for the following term and may result in you losing your space. We will not be obliged to make changes to our lessons to reinstate a booking lost as a result of a late request.
      • (A) We accept no liability for any losses of any kind incurred by you as a result of such cancellation
    5. Per the re-enrolment procedure set out in your online account and our communications thereafter, requesting a new slot and stating that the current slot is not an option may result in you losing the same slot for the following term if no suitable alternative is found
      • (B) We accept no liability for any losses of any kind incurred by you as a result of such loss of bookings
    6. Failure to notify us of non-continuation into the following term by the course start date will result in your booking falling under the provisions set out in Paragraph 9.(4)
  1. Special needs and disabled children
    1. Children with special needs and disabled children are welcome where possible at all our venues and are integrated into our regular classes. 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.
    2. We  reserve the right to remove from our lessons any child that causes disruption or compromises safety regardless of disability, special need or otherwise.
  1. Parental responsibilities
    1. You are responsible for any children you bring with you into any part of the swimming pool venue including the changing area.
    2. You must ensure that children are fully toilet-trained before we can accept them as students.
    3. You must not leave the premises whilst your child is in the pool.
    4. Children are not the responsibility of ESA or our coaches until the child enters the swimming pool at the start of a lesson.
    5. During lessons you must not interrupt or communicate with the teacher, distract the pupils or approach the poolside, unless it is a matter of health and safety.
    6. You must keep children who are not swimming quiet and under your control at all times whilst in the swimming pool venue.
    7. You may not take photos or video recordings or any other type of recording of any children within the property.
    8. If you feel that lessons are not providing adequate progression, please raise the issue with us by way of email or telephone call so that we can look for alternatives or make further recommendations
      • (A) Interference with lessons resulting in a lack of student progression will result in a loss of entitlement to any credits or refunds requested if you feel that your child has not reached an adequate level of progression with us.
  1. General pool rules
    1. Children must all shower and go to the toilet before they enter the water.
    2. Shoes must be removed before entering the poolside or overshoes worn.
    3. No buggies are allowed in changing rooms or on the poolside.
    4. Long hair should be tied back or a swimming hat worn.
    5. Children may wear goggles but we reserve the right to remove them if they cause disruption of the class.
    6. Children should not enter the pool until the class has started and should wait to be invited into the pool by the teacher.
    7. Children must leave the pool as soon as the class has finished and should leave in an orderly manner.
    8. Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety.
    9. Children must not run or act inappropriately once within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of children and/or parents disobeying these rules.
  1. Limitations of Liability
    1. Whilst every reasonable precaution is taken by us to ensure security and safety at our swimming lessons, we shall not in any way be liable for any loss or damage arising in any way from our swimming lessons or the swimming pools we use. However, nothing in these terms and conditions shall limit the liability of any person for death or personal injury caused by negligence.
    2. Any claim against us arising from attendance at one of our swimming lessons must be notified in writing to us within six months from the day of the relevant swimming lesson and we shall not be liable for any claim that is notified to us after this time.
    3. In any event, we shall not be liable to you:
  • (A) for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;
  • (B) (where the claim is insured) for any loss which we are unable to recover from any insurer;
  • (C) (where the claim arises as a result of something which was done or not done by a third party) for any loss which we are unable to recover from that third party; and
  • (D) for any loss which is greater than the fee paid by you for the relevant course of swimming lessons.

4. In the event that you or your child causes harm, damage, loss or injury to any other person or property during the course, 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 caused by you or your child.

5. We shall not be liable for any loss or theft of your or your child’s personal possessions and all property left by you on the property (including without limitation in the changing rooms and in the car park) is done so at your own risk.

  1. Assignment and subcontracting
    1. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract between us and may subcontract or delegate in any manner any or all of our obligations under the contract between us to any third party or agent.
    2. You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the contract between us.
  1. Governing Law
    1. This Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales and you agree that any disputes shall be resolved and interpreted exclusively by the Courts of England and Wales.

 

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