Private Lesson Terms and Conditions

Thank You for choosing Swim Active. Swim Active wants You to enjoy and make the most of your 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 teaching by Swim Active to Swimmers, both adults and children under the age of 18. In these Terms, “We” shall mean Swim Active England Ltd, trading as “Swim Active”; “You” and “Client” shall mean the Swimmer/Parent/Guardian named in the online Contract Signature Form. The “Leisure Facility” shall mean the location at which the lessons are conducted.

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 teaching staff are Level 2 qualified, hold a valid Safeguarding certificate and have an in-date personal Disclosure and Barring Service (DBS) check in accordance with Swim England guidelines.
1.2 Swim Teaching Staff will take responsibility for the Swimmer during their swimming lessons, but Parents/Guardians are required to remain nearby (see section 2 Parent/Guardian Responsibilities (Where Swimmer is under 18 years of age).
1.3 Each swimming lesson is based on a fixed duration for 30 min, 45 min and 1 hour according to individual requests.

2 Lesson Guidelines

2.1 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.

2.2 If You arrive late to the pool, the lesson will not be extended. Swimmers can be refused entry to the session if they are more than 10 minutes late for a lesson. This is at the sole discretion of the Swim Teaching Staff.
2.3 Swimmers should not eat a meal 1 hour before their lesson (45 mins for milk/fluids).
2.4 Children or family members of swimmers under 18 that are not participating, must be supervised at all times by Parent/Guardian.
2.5 Shoes must be removed before going on poolside (or overshoes must be worn).
2.6 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.
2.7 Buggies must not be taken onto poolside; they must be left in reception.
2.8 Glass items, crockery and other such items must not be taken onto poolside or changing areas.
2.9 There is a no smoking policy across the facilities and the consumption of alcohol is not permitted.
2.10 Dogs are not permitted on the premises.
2.11 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 Teaching Staff, 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 Parent/Guardian Responsibilities (Where Swimmer is under 18 years of age)
3.1 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.
3.2 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.
3.3 Parents/Guardians must deal with toilet breaks and any behavioural issues. Swim Active staff will not take Swimmers to the toilet. 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. For the avoidance of doubt, Swimmers must not be in the pool before or after their lesson unless they are facility members.
3.4 Parents/Guardians must not interfere with the lessons or distract the Swim Teaching Staff if they are under 18.

4 Viewing, Photography and Recording
4.1 We do ask that all spectators remain in the designated seating / viewing area to prevent any unnecessary distractions for the Swim Teaching Staff and must ensure that all footwear is clean.
4.2 It is difficult for the Swim Teaching Staff to gain full attention from their Swimmer if they are being distracted; progress can be affected if Swimmers are not fully able to concentrate.
4.3 No photography or filming is permitted on poolside or in the changing area without prior approval from Swim Active Management.
4.4 We reserve the right to ask for any photos and videos taken to be deleted.

4.5 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

5 Communication
5.1 We like to encourage communication and welcome issues to be raised with our staff.
5.2 All Swimmers/Parents/Guardians are required to supply us with a valid e-mail address, via the online contract sign off form, for quick communication purposes.

6 Bookings
6.1 We reserve the right not to accept Your booking and shall not be obliged to provide any reason for not accepting Your booking.
6.2 Bookings are non-transferable.
6.3 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.

7 Payments
7.1 All fees will be invoiced to you after the lesson. Invoices must be paid within 1 week of receipt of invoice.
7.2 We are a noncash operation, and cash payments should not be made to Swim Teaching Staff under any circumstances. This is for their safety.

8 Cancellations / Refunds
8.1 You have the right to cancel Your lesson for any reason, provided you give at least 1 week notice in advance of the scheduled lesson. All correspondence must be addressed to info@swimactive.co.uk

8.2 Refunds will be processed 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.
8.3 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.

9 Pool Closure and Cancelled Swimming Lessons
9.1 Lessons may be cancelled at short notice if the pool is not fit for teaching purposes.
9.2 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.

9.3 In the event of a pool closure, a refund will be provided.

10 Missed Lessons
10.1 Lesson fees are non-refundable where the Swimmer has missed a lesson.
10.2 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.

11 Changing Teacher
11.1 We will use reasonable endeavours to provide the same Swim Teaching Staff for each session within a lesson. However, we reserve the right to appoint an alternative, in accordance with Teaching Policies Clause 1.1, at any time for a lesson due to illness or for any other unforeseen circumstances.

12 Swimmer Medical Conditions and Illness

12.1 You will be asked to declare any existing medical conditions, in the online Swimmer Application and Contract Signature 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.

12.2 If the Swimmer is unwell and/or 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. Please also inform us at the earliest convenience so that We can notify the Swim Teaching Staff.
12.3 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.
12.4 Swimmers with athlete’s foot are not allowed in the swimming pool or surrounding area unless their feet are suitably covered.
12.5 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).
12.6 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.

13 Swimming Lesson Dress Code and Hygiene
13.1 All Swimmers should wear appropriate fitting costumes/trunks and shorts specifically designed for swimming. Baggy costumes/trunks can hamper movement.
13.2 It is highly recommended that Swimmers wear googles and swim caps in the lessons. Long hair MUST be tied back, and a swim cap must be worn. We recommend the use of dioptre corrective goggles for anyone with a visual impairment.

13.3 Swimmers may be asked to remove goggles if they are proving to be a distraction or when performing certain skills and activities (unless there is a medical reason for goggles to be worn).
13.4 No jewellery should be worn during a swimming lesson. Religious or medical bracelets are allowed but should not distract the Swimmer from their lesson.
13.5 Swimmers must shower and use the toilet before the lesson commences and are encouraged to shower after the lesson.

14 Behaviour and Conduct
14.1 If under 18 Parents/Guardians accept that their Swimmer is under the supervision, control and care of the Swim Teaching Staff during the lesson period. Should the behaviour of the Swimmer be unsatisfactory, and the lesson is being disrupted, the Swim Teaching Staff have the right to remove the Swimmer from the lesson.
14.2 The Swim Teaching Staff 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 lesson. If a Swimmer is removed under these circumstances and suitable alternative arrangements cannot be made, no refund will be provided.

15 Liability
15.1 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.
15.2 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.

16 General Data Protection Regulations (GDPR)
16.1 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).
16.2 By providing the information to us, You:
16.2.1 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.
16.2.2 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.
16.2.3 Agree to update Swim Active should any of the contact or medical information You have provided change and needs updating.
16.2.4 Understand that Swim Active will retain my information for one calendar year following the end of Your last swimming lesson with Swim Active.

16.3 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.
16.4 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.

17 Governing Law and Jurisdiction
17.1 These Terms are governed by the laws of England and Wales.
17.2 Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.