SWIM COACHING TERMS AND CONDITIONS

The following terms and conditions apply to all clients (“you”) attending individual Coaching Sessions organised by SWIMTREK 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 attending a Coaching Session with us, you accept these terms and conditions and they will form a binding contract between you and us.

  2. You will ensure that you follow the general swimming pool rules set out at the end of these terms and conditions.

  3. We reserve the right to vary these terms and conditions at any time upon reasonable notice to you.

  1. Sessions

  1. Individual Coaching Sessions (“one-to-one sessions” or “sessions”) are sessions where one coach coaches one client. We may at our discretion and with your agreement, allow more than one client in a one to one session and will be subject to our agreement of an increased fee.

  2. Bookings may be made online and shall be on a first-come, first-serve basis and may be made either for just one session or for a series of sessions. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.

  3. The start date, start time, session duration, venue and coach name for sessions will be as agreed between us.

  4. All sessions will start promptly at the agreed start time. If you arrive late to the pool or other venue, the session will not be extended and will end at the agreed end time.

  5. We shall try to accommodate any request to change the date, start time, duration, location or coach of any agreed one to one session with notice given within a reasonable period, but this shall be at our discretion and we shall not be obliged to provide any credit or refund where we are not able to accommodate such requests.

  1. Registration and Contacting Us

  1. During the booking process 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.

  1. Online Account 

  1. You must keep your contact details in your online customer account up to date because we use this information to contact you if sessions are cancelled.

  2. If we are unable to contact you because the contact details in your online customer account are out of date, then our session credit system set out in these terms and conditions will not apply to you.

  3. You agree that all information stored in your online account can be accessed by us and our employees, consultants and agents.

  4. We will use the information in your online account for contact purposes, session bookings, invoicing and re-enrolment and any other such purposes as we deem reasonable as part of the provision of the courses.

  5. If you provide us with a mobile telephone number, we will use this to send you SMS alerts when sessions are cancelled.

  6. We will not use your mobile telephone number for marketing purposes or for any other reasons than those stated in section 4.(5)

  7. 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.

  1. 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 it 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.

  1. Payment

  1. The fee for session(s) will be confirmed to you at the time of booking online or by telephone. You must pay for your session(s), even if you do not attend for any reason.

  2. 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.

  3. We may send invoices by post at our discretion, however posted invoices not received by you will still remain payable

  4. Payment must be made in full before the start of the session.

  5. If payment is not received by the session’s start date, then your account will be treated as a late payment and we may at our complete discretion cancel any future bookings and we shall not be obliged to take any further bookings:

  6. You will be reminded by email and/or telephone after non-payment one week after your first session has commenced.

  7. Emails and voicemails not received will still serve as notice of Late Payment.

  8. A final warning will be issued by email and/or telephone if no payment has been made three weeks after your session date, regardless of attendance.

  9. Emails and voicemails not received will still serve as a final notice of Late Payment

  10. If full payment for your session(s) has not been received (or you have not arranged a part-payment at our discretion) after your final warning, any future bookings will be cancelled and your invoice will remain payable in full

  11. 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.

  12. Late payments will apply where you have failed to notify us of cancellation before the session has begun

  13. We accept cheques made payable to “SWIMTREK LTD”. We also accept major credit/debit cards for telephone and online payments.

  14. Late instalments will be subject to the procedure as set out in “Late Payments”

  15. The option to pay in instalments will not apply to any account that has already fallen under “Late Payments”

  1. Illness, Medical Conditions & Acceptance of Risk

  1. If you unable to make a Coaching Session and you have informed us at least 48 hours before the session’s starting time, you may receive a credit allowing you to book another session within the following 2 months.

  2. Cancellations within 48 hours of the session’s start date will not be eligible for credits or refunds.

  3. Any customer account that falls within “Late Payments” will not be eligible for a credit, regardless of notice periods for cancellation.

  4. If there are any signs of stomach upset and sickness in your family on the day of the arranged session or in the 5 days before the session, you must inform us and we reserve the right to cancel your session for your safety and that of others.

  5. You must declare to us in writing by emailing us or by logging into your customer account, all medical conditions affecting you, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your engagement in sessions and we will notify you of our decision within 48 hours of receiving your notice.

  6. It is your responsibility to ensure that you are medically safe to swim. We will not be liable for any accidents or injuries arising from swimming with us that relate to your individual medical conditions, save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.

  1. Cancellation by You

  1. If you need to reschedule or cancel a session you must do this at least 48 hours prior to the date of your booked session. If done inside this time period the session is non-refundable.

  2. 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.

  3. 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

8. Cancellation by us

  1. If we determine that there is insufficient support for a session, we have the right to cancel, suspend or postpone the session before its start date. We shall give you as much notice as possible of any such cancellation and we may provide you with a full refund of your session fee if no suitable alternative session 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 sessions, but 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 session on a date designated by us. If you notify us that you are unable to attend the substitute session in advance of the date scheduled for the substitute session, then you may receive a credit for the cancelled session. This credit may be offset against your fees for a subsequent booking. If you do not accept the substitute session or do not wish to re-enrol for a subsequent booking, 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.

  3. Provision 8.(2) will not apply to any customer accounts that fall under “Late Payments” per Paragraph 5.(4)

  4. Paragraph 8 applies only to sessions cancelled by us. It does not apply if you miss a session for any other reason, including holidays or sickness.

9. Photography and Video Footage

  1. If you book a 90 minute introductory session this contains video analysis.

  2. We will provide you with a copy of the video footage and the cost of this is included in the session fee.

  3. The copyright for any photo and/or video footage belongs to us and you may not reproduce it in any medium without our prior written consent.

  4. You may not take or reproduce photographs or videos of our sessions or clients

10. Safety and General Rules

  1. You are responsible for your own safety, actions and behaviour on any part of the swimming pool property including the changing area.

  2. Shoes must be removed before entering the poolside or overshoes worn.

  3. 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.

  4. You 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 you or other clients disobeying these rules.

11. Limitations of Liability

  1. Whilst every reasonable precaution is taken by us to ensure security and safety at our Coaching Sessions, we shall not in any way be liable for any loss or damage arising in any way from our Coaching Sessions 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 Coaching Sessions must be notified in writing to us within six months from the day of the relevant Coaching Session 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:

  4. for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;

  5. (where the claim is insured) for any loss which we are unable to recover from any insurer;

  6. (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

  7. for any loss which is greater than the fee paid by you for the relevant course of Coaching Sessions.

  8. 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 other clients

  9. We shall not be liable for any loss or theft of your or another client’s personal possessions and all property left by on the property (including without limitation in the changing rooms and other areas) is done so at your own risk.

12. 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.

13. 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.