AQUABILTY INC
Terms and Conditions for Group Swimming Lessons
Participant or swimmer refers to any child or adult participating in a swimming lesson
Course Fees Course fees are charged by the term or short course, unless agreed otherwise. Courses will vary in length and the cost will vary accordingly and will include a non-refundable administration fee. This must be paid even if you withdraw prior to the start of a course, once you have registered for a course. All fees must be paid at the start of a course (unless otherwise agreed), or for courses of 10 weeks or more, payment can be made in 2 instalments. The 1st should be made at the start of the course, and the 2nd by half way through. Swimmers may not be allowed to participate in any swimming lessons until due fees are paid or other payment method has been agreed. Where there are outstanding fees, further bookings on courses will not be accepted.
Cancellation and absences
• We do not offer refunds when a swimmer is unable to attend a lesson during a course. However, if at least 24 hours notice is given and we have an alternative slot available during a course, at a time a swimmer is able to attend, we will offer it as a catch up lesson. If the participant is then unable to attend these, they will be forfeited. Each swimmer will be entitled to a maximum of 3 catch up classes per course (10 weeks or over), subject to availability. Catch ups are not carried to future courses, generally.
• If we need to cancel a lesson due to adverse weather conditions, pool water quality or any other reason, you will be given as much notice as possible and be offered a replacement lesson during the course or subsequent course. If we are unable to replace lessons, you will be offered a full refund for each lesson cancelled, at $45 per swimmer per lesson.
• No refund or catch up lesson will be offered where a swimmer fails to attend a lesson or is refused permission to attend any sessions, unless prior agreement has been reached.
• Cancelled courses or part courses will only be refunded in exceptional circumstances at our discretion. Payment is due for the period a space is held on a course, regardless of attendance, even following withdrawal. This is additional to the deposit paid.
Bad Weather We will generally try to run lessons, whatever the weather. However, if there is thunder and lightning in the vicinity, we would have to stop lessons, until it passes. We would not run lessons during Tropical Storm or Hurricane warnings, but may do so under a watch. If you arrive for a lesson and we are unable to run it, due to adverse weather conditions, you would be offered an alternative time or credit in line with the cancellation policy.
Baby Swimming Baby swimming lessons take place with parents or carers in the pool with the babies. When the children are first ready to be in the pool without parents and carers, the parents or carers should remain on the poolside until everyone is comfortable that the child can wait safely for their turn.
Medical Conditions and Individual Needs We cannot accept responsibility for the medical condition or other needs of any participant unless a full disclosure of the details has been made to us by the participant or the parent or guardian of a participant when first registering for a course, or following any medical condition being confirmed during a course after the participant has been accepted for swimming tuition. Please keep us up to date on any medical conditions or individual needs.
Valuables We will not accept liability for the loss of or damage to any personal effects brought to any session and you are therefore requested to ensure that no valuable items are brought to the swimming lesson.
Attendance and Supervision We ask that you do not arrive at the venue more than 10 minutes prior to your lesson. We also ask that you leave the premises within 10 minutes of your lesson ending. This is to avoid unnecessary congestion. Swimmers, parents, guardians, siblings or all other associates, must observe the venue’s entry rules and respect all other venue rules whilst in the venue. Only participants of the ongoing lesson should be in or around the pool. All others must observe from the observation area, unless agreed otherwise, and in the case of children, be supervised at all times. Parents / carers should bring something to occupy any children who are not involved in a lesson. A responsible adult is expected to be present on the premises for the duration of each lesson, unless agreed otherwise. With babies and toddlers, they will be required to participate in the pool or on poolside. At times, it may be beneficial
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for the adult to be out of sight from the child participating. This will be discussed with the adult and a suitable location from which to observe will be agreed. The changing room, car park and bathrooms are not to be used as a play area. Children in the changing room must be accompanied by an adult at all times. The main house and grounds outside of the pool area, changing rooms and car park are private and should not be accessed by anyone other than in exceptional circumstances.
Teachers All teachers will be STA qualified swimming teachers (or equivalent), with pool safety award and any additional required qualifications dependant on the lesson being taught (certificates available to view on request). Assistants will not always be formally qualified but will have been assessed and received training from a qualified member of staff. Assistants will not hold any responsibility for participants.
Behaviour In the event of a swimmer, parent, guardian, sibling or other associate behaving in an aggressive manner towards a member of staff or any other person, or causing damage to pool premises or any of the furniture fixtures or equipment in those premises, the swimmer shall not be permitted to continue with the lessons. We shall then have the right to terminate the contract without further notice and without being required to offer any credit or refund to the swimmer and the swimmer shall not be accepted for any future course organised by ourselves.
Car Parking Cars are parked at your own risk and we accept no liability for loss or damage to them whilst on the premises or in areas surrounding it. Please be considerate to others and do not block another car in. If you do, you may be disrupted from your lesson to move it. Children must not play in the car park as this is a considerable risk to safety. Please park in the identified parking areas, as outlined on the location map.
Condition of pool premises Whilst we will make all reasonable efforts to ensure that the condition of the pool premises, including the toilets, observation area, pool and poolside area are in suitable condition, we do not accept liability for any injury to a swimmer or accompanying person which may be caused by any defect, or by any swimmer or accompanying person behaving contrary to poolside rules, written or verbal.
Transmission of Infections Any swimmer known to be or found to be suffering from any infectious ailment or condition will not be allowed to participate in the lesson and it is the responsibility of each swimmer or (in the case of a child swimmer) the parent or guardian of the swimmer to ensure that the swimmer is fit and well enough to participate. A swimmer should not participate if they have had sickness or diarrhoea within the last 48 hours. We will not accept liability for any infection passed to a swimmer by another swimmer on the course or in the pool. If you are unsure of the swimmers fitness, please discuss with the teacher.
Rules and Regulations
• We operate a policy of no physical punishment and ask that parents and carers respect this by avoiding any kind of physical punishment whilst on the premises.
• All swimmers should shower before entering the pool, where possible.
• Sun protection is the responsibility of the participant or their parent / guardian. However, please apply lotions, sprays and creams before leaving home to maximise protection and avoid it being washed off into the pool.
• Babies and toddlers who are not yet fully potty trained must wear a swim nappy and securely fitting bathing suit to prevent leakage of faeces which will pollute the pool.
• Try to avoid feeding babies and young children within an hour of them entering the pool.
• Please ensure that all soiled nappies are in a bag before placing them in a bin. If you do not have a bag, please take them away with you. This is not necessary for nappies which are only wet.
• No swimmer should enter the Pool without the swimming teacher being already present and giving permission.
• There must be no food or drink in or around the pool or in the changing areas. Food and drink may only be consumed in the outdoor observation areas.
• No smoking on the premises during swimming lessons.
• No running on the premises. The floor can be very slippery when wet.
• Follow the policy for videos and photography. Do not photograph or film lessons without permission from the teacher and all participants and their parents / guardians. This is in conjunction with child protection guidelines. If anyone has not given permission and is unhappy about someone taking photographs or filming a lesson, please inform the teacher.
• From time to time we will take photographs of swimmers, for your own memento. We may wish to use these for publicity, e.g.: social media, website, flyers. If you are not happy for photographs to be used, please indicate this on the registration form, otherwise permission to use them will be assumed. You will be given
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copies of all videos and photos, with the opportunity to withhold permission to use them, before any would be used.
• Participants and accompanying persons must not jump into the pool without the consent of the teacher, except in exceptional circumstances. On no occasion must anyone dive into the pool from standing, except in the designated diving area, when given instruction.
• If you are unhappy with any instruction given to you or to a child you are responsible for, inform the teacher immediately. You are completely within your right to withdraw from a lesson or course if you feel the teacher is acting irresponsibly or immorally. Please discuss this with the teacher or centre manager, where possible, or request a complaints form.
• By participating in a course, or allowing your child to participate in a course, you agree to the Terms and Conditions outlined above and to the Video and Photography Policy below.
Disclaimer
At Aquability Inc. we take the utmost care and attention when conducting our classes. Your safety is paramount. There is a duty of care for each swimmer, child or adult, including parent and child, or any other persons wishing to spectate. Care and attention is required within the pool and surrounding areas as any body of water has obvious inherent risks including, and not limited to, drowning. Neither Aquability Inc., its employees nor instructors accept any responsibility for any death, injury or loss suffered, whether attending or observing Aquability Inc. sessions.
We are happy to discuss any of our Terms and Conditions and Disclaimer at your time of booking or anytime thereafter.
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