Terms & Conditions
Swimming Lesson Terms and Conditions
Thank You for choosing Swim Active. Swim Active wants You and the Swimmer to enjoy and make the most of their lessons. To ensure You know Your rights and responsibilities, it is important that You read and understand these Terms and Conditions (“Terms”).
These Terms govern the swimming coaching provided by Swim Active to Swimmers which may be requested by the Parent/Guardian where a Swimmer is under eighteen years of age or otherwise under Your charge. In these Terms, “We” shall mean Kieran Parker trading as Swim Active; “You” and “Client” shall mean the person named in the signature section below; the “Parent/Guardian” and the “Swimmer” means those persons identified in Appendix 1, and “Leisure Facility” shall mean the location at which the lessons are conducted as defined in Appendix 3.
Acceptance of Terms and Conditions
In addition to these Terms, all parties are expected to always follow the Leisure Facility swimming pool safety rules. We reserve the right to vary these terms and conditions at any time upon reasonable notice to You. Such changes will be advertised or communicated to You via email or text.
1 Teaching Policies
1.1 All Swim Active Swim teachers (and relief Swim teachers) are Swim England (SE) / Swimming Teachers Association (STA) qualified to the relevant standard and have an in-date personal Disclosure and Barring Service (DBS) check before they are allowed to teach.
1.2 Swim teachers will take responsibility for the Swimmer during their swimming lessons, but Parents/Guardians are required to remain nearby (see Parent/Guardian Responsibilities section 2).
1.3 Each swimming lesson is based on a mutual time and lesson length agreed upon by the Swim teacher and the Client (i.e., Half-hour, Hour, Private, Semi-Private) Please ensure You have Swim Active contact information as all scheduling is done individually between Client and Swim Active.
1.4 A register is taken for all Swimmers covering all lessons.
2 Parent/Guardian Responsibilities
2.1 Parents/Guardians are responsible for Swimmers that they bring to lessons from arrival on site, supervision in the changing rooms and in any part of the facility.
2.2 Parents/Guardians must remain on the premises whilst the Swimmer is attending their swimming lessons. This is imperative in the unlikely event of a medical emergency, building evacuation or other emergencies. It is the Parents’/Guardians’ responsibility to supervise/watch their Swimmer getting to and from their teaching station ensuring a prompt pick up at the end of the lesson.
2.3 Parents/Guardians must deal with toilet breaks or any behavioural issues. Swim Active staff will not take Swimmers to the toilet.
2.4 All lessons will start promptly at the agreed start time. Swimmers must not enter the water until instructed to do so by the Swim Teacher. You are
responsible for Your Swimmer until the Swim teacher starts the lesson and You must collect Your Swimmer, promptly, at the end of the lesson.
2.5 If You arrive late to the pool, the lesson will not be extended. Swimmer can be refused entry to the lesson if they are more than 5 minutes late for a class, as it disrupts the lesson for the other Swimmers.
2.6 Swimmers should not eat a meal 1 hour before their lesson (45 mins for milk/fluids).
2.7 Parents/Guardians must not interfere with the lessons or distract the Swim teachers.
2.8 Children or family members who are not participating, must be supervised at all times by Parent/Guardian.
2.9 Shoes must be removed before going on poolside (or overshoes must be worn).
2.10 Whilst You are at the swimming facility, We ask You and the Swimmer to respect all property. All access to any site and any surroundings will be at Your own risk.
2.11 Buggies must not be taken onto poolside; they must be left in reception.
2.12 Glass items, crockery and other such items must not be taken onto poolside or changing areas.
2.13 There is a no smoking policy across the facilities and the consumption of alcohol is not permitted.
2.14 Dogs are not permitted on the premises.
2.15 Given the inherent dangers associated with swimming, if You or anyone associated with You refuse to obey an instruction from a member of Leisure Facility Staff or Swim teacher, behave in an unacceptable manner towards a member of the team or any other person or causing damage to property, You and/or the Swimmer will not be permitted to continue with the swimming lessons.
3 Viewing, Photography and Recording
3.1 We do ask that all spectators remain in the designated seating / viewing area to prevent any unnecessary distractions for the Swim teacher and make every effort to ensure that all footwear is clean.
3.2 It is difficult for the Swim teachers to gain full attention from their Swimmer if they are being distracted; progress can be affected if Swimmers are not fully able to concentrate.
3.3 No photography or filming is permitted on poolside or in the changing area without prior approval from Swim Active Management.
3.4 We reserve the right to ask for any photos and videos taken to be deleted.
3.5 The use of mobile phones on the poolside is strictly prohibited. If You need to take or make a phone call, please do so off poolside.
4 Communication
4.1 We like to encourage communication and welcome issues to be raised with our staff.
4.2 If You have any questions regarding the progression of Your Swimmer, please send an email to info@swimactive.co.uk and a Swim Active Representative will contact You to discuss the query regarding Your Swimmer.
4.3 All Parents/Guardians are required to supply us with a valid e-mail address for quick communication purposes. This is essential so that We can inform You when Your Swimmer is ready to move up to the next stage of lessons or for any cancellations.
5 Bookings
5.1 We reserve the right not to accept Your booking and shall not be obliged to provide any reason for not accepting Your booking.
5.2 Bookings are non-transferable.
5.3 Swim Active reserves the right to change the price of swimming lessons at any time. Customers will be notified in writing at least 10 working days’ notice in advance of any change.
6 Payments
6.1 All fees must be paid in advance of the lessons taking place and Swimmers will not be allowed to participate in any swimming lessons until the fees are paid in full.
6.2 Payments should be made via BACS transfer to: Swim Active referencing Swimmers full name. Account details will be provided once Assessment is complete and contract has been signed.
6.3 We are a noncash operation and cash payments should not be made to Swim teachers under any circumstances. This is for their safety. In extenuating circumstances, We can accept cash if You gain prior agreement with a member of the management team.
7 Cancellations / Refunds
7.1 Refunds will be processed as soon as possible and, in any event within 14 days of receipt of Your request and appropriate details being provided. Payment will be made via online transfer to the account from which the payment was received less a 10% administration charge. No cash refunds are provided under any circumstances.
7.2 Refunds will not be given for lessons missed due to adverse weather conditions in Your locality if the venue and environment are accessible and the lessons go ahead.
7.3 You have the right to cancel or amend Your lesson for any reason, provided you give at least 10 day’s notice in advance of the scheduled lesson. All correspondence must be addressed to Swim Active at info@swimactive.co.uk
8 Pool Closure and Cancelled Swimming Lessons
8.1 Classes may be cancelled at short notice if the pool is not fit for teaching purposes.
8.2 In the unfortunate event We must cancel a lesson We will notify You as soon as possible via the method that We believe is most appropriate to ensure You have received the message in a timely manner. We will endeavour to add an alternative date, offer to make up the lesson or provide a credit/refund.
9 Missed Lessons
9.1 Lesson fees are non-refundable where the Swimmer has either missed lessons or decided to withdraw from the programme altogether.
9.2 Lessons run consecutively, the lesson credits will be utilised as each lesson takes place regardless of Swimmer attendance, except for pool closure/lesson cancellation (see Pool Closures and Cancelled Swimming Lessons section 8).
9.3 In exceptional circumstances, management may exercise discretion on refunds or credit notes, but this would only be on production of a medical certificate or documentation from a medical centre, hospital or GP.
10 Changing Teacher
10.1 We will use reasonable endeavours to provide the same Swim teacher for each lesson within a course. However, we reserve the right to appoint an alternative, suitably qualified and DBS checked Swim teacher at any time for a class or classes due to illness or for any other unforeseen circumstances.
10.2 If a Swim Teacher is absent, Swim Active reserves the right to join classes together if considered appropriate and safe according to Swim England guidelines. We will always try to put a replacement Swim Teacher in place immediately, however, if this is not manageable, We will put the classes together to avoid cancellation. This would be an extremely rare occurrence as additional Swim teachers are usually available to cover any such eventualities.
11 Swimmer Medical Conditions and Illness
11.1 You will be asked to declare any existing medical conditions, on the Appendix 1 / Swimmer and Declaration Form, when You register. Please inform us of any changes to medical conditions as soon as You are aware so that reasonable adjustments can be made as necessary. If the Swimmer is unwell, We recommend that You do not bring them to their swimming lesson and You inform us at the earliest opportunity so that We can notify the Swim Teacher.
11.2 If the Swimmer has a contagious illness such as an ear infection, flu, diarrhoea, vomiting, chicken pox, impetigo, conjunctivitis, or a bad cold, please do not bring them to the swimming lesson until their doctor has given the all-clear for them to swim.
11.3 Regardless of the doctor’s advice, in instances of vomiting or diarrhoea, the Swimmer must have been clear of the symptoms for 48 hours before attending a swimming lesson.
11.4 Swimmers with athlete’s foot are not allowed in the swimming pool or surrounding area unless their feet are suitably covered.
11.5 Verrucae socks must be worn at all times both in the swimming pool, surrounding area and changing rooms if a person is suffering from verrucae(s).
11.6 Swim Active and the Client, Parent/Guardian, and Swimmer as the case may be, agree to keep all information exchanged during the swimming lessons and associated with the swimming lessons (including without limitation any medical conditions disclosed) confidential.
12 Swimming Lesson Dress Code and Hygiene
12.1 All Swimmers should wear appropriate fitting costumes/trunks and shorts specifically designed for swimming. Baggy costumes/trunks can hamper movement.
12.2 It is highly recommended that Swimmers wear swim caps in the lessons. Long hair MUST be tied back, or a swim cap must be worn.
12.3 No jewellery should be worn during a swimming lesson. Religious or medical bracelets are allowed but should not distract the Swimmer from their lesson.
12.4 The use of goggles is permitted, but Swimmers will be asked to remove them if they are proving to be a distraction and when performing certain skills (unless there is a medical reason for goggles to be worn). We recommend the use of dioptre corrective goggles for anyone with a visual impairment.
12.5 Swimmers must use the toilet before the lesson commences and are encouraged to shower after the lesson.
13 Swimmer Progression
13.1 Swim teachers continually assess all Swimmers’ progression throughout the term.
13.2 Progression of all Swimmers will be at the judgment of the Swim teacher and in accordance with the progression within the criteria of the ‘Swim England Learn to Swim Framework’.
13.3 Swimmers will be moved up to the next class when they meet the skills criteria required and if there is adequate room in the next Stage for the movement to take place.
13.4 Upon completion of a Stage, the Parent/Guardian will be contacted explaining that the Swimmer is ready to move up to the next Stage via email/phone.
13.5 Due to the continuous progressive nature of our programme, and the variety of ability levels within each session, We cannot guarantee a specific time slot on progression, as a space within the next stage may not always be immediately available. Those waiting for spaces will be kept in their current stage until a place becomes available and will be working on developing skills appropriate to the new stage.
14 Changing and Moving Lesson
14.1 You may request a change of day or time and We will try to accommodate Your request, provided space is available. If You cannot be accommodated at that time, Your Swimmer will be added to the mover’s list.
14.2 Swimming ability and speed of progression will vary depending upon the Swimmer’s ability.
15 Behaviour and Conduct
15.1 Parents/Guardians accept that their Swimmer is under the supervision, control and care of the Swim Teacher during the lesson period. Should the behaviour of the Swimmer be unsatisfactory, and the class is being disrupted, the Swim teacher has the right to remove the Swimmer from the class.
15.2 The Swim teacher may employ reasonable measures as are necessary to maintain the smooth delivery of the lesson. We reserve the right to request that Your Swimmer should be removed from lessons should they persistently disrupt or are seen to be putting themselves or anyone else at risk during the class. If a Swimmer is removed under these circumstances and suitable alternative arrangements cannot be made, no refund will be provided.
16 Liability
16.1 Swim Active will not accept liability for loss or damage to any personal belongings brought by a Swimmer to any session. You are therefore requested to ensure that no valuable items are brought to the swimming lessons.
16.2 Save as otherwise prohibited by law, Swim Active’s total liability for any claim under these Terms, whether arising in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the swimming lessons.
17 General Data Protection Regulations (GDPR)
17.1 Swim Active will collect and process personal data of Client, Swimmer, Parent/Guardian for the purposes of arranging, scheduling and providing swimming lessons as set out herein. Swim Active will comply with all applicable data protection laws including the UK General Data Protection Regulation (UKGDPR).
17.2 By providing the information to us, You:
17.2.1 Give permission for the personal and contact information to be held by Swim Active for use where necessary to contact You and oversee Your safe attendance at Swim Active.
17.2.2 Give permission for Your contact email address and or mobile phone number to be used to provide all necessary information for future events, promotions and advertisement purposes relating to Swim Active.
17.2.3 Agree to update Swim Active should any of the contact or medical information You have provided change and needs updating.
17.2.4 Understand that Swim Active will retain my information for one calendar year following the end of Your last swimming lesson with Swim Active.
17.3 We process personal information to enable us to provide a service to our customers, to promote our services, to maintain our own accounts and records.
17.4 Swim Active do not share any personal information with any other party. Please let us know if You would like Your data permanently deleted from Swim Active records at any time.
18 Governing Law and Jurisdiction
18.1 These Terms are governed by the laws of England and Wales.
18.2 Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
