Terms and Conditions 2021

 

TriSwim Adult and Junior Lessons at Weald Place Pool and open water swimming bookings TERMS AND CONDITIONS

 The following terms and conditions apply to all pupils and swimmers (“you”) attending individual swimming lessons and open water swimming sessions organised by TriSwim 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
  2. By booking, or attending swimming with us, you accept these terms and conditions and they will form a binding contract between you and us.
  3. You will ensure that you follow the general swimming venue rules set out at the end of these terms and conditions and any rules that are specific to a particular venue.
  4. We reserve the right to vary these terms and conditions at any time upon in line with government guidelines and you accept that terms may need to change.
  1. Lessons
  2. Individual swimming sessions (“one-to-one sessions” or “lessons”) are lessons where one teacher or coach teaches one pupil. You may at our discretion, upon your request, allow more than one pupil in a one to one lesson and will be subject to our agreement of an increased fee, and agreement that we will not owe any reimbursements to you.
  3. We may, at our discretion change your teacher or coach to provide cover for illness and absence.
  4. Group swimming lessons (two-to-one lessons and adult groups of 3) are lessons where one teacher teaches 2 children, or 3 adults.
  5. We may from time to time, with your prior consent, allow for an assistant teacher to assist in the lessons. This is to help the long term development of new teachers and coaches.
  6. Bookings may be made by website booking, email or by telephone and shall be on a first-come, first-serve basis and may be made either for just one lesson or for a series of lessons. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.
  7. The start date, start time, session duration, venue and teacher name for lessons will be as agreed between us and as set out in an invoice or confirmation letter which will be emailed to you after you have booked the lesson(s) using the online booking tool via www.triswim.org.uk.
  8. All lessons will start promptly at the agreed start time. If you arrive late to the pool or other venue, the lesson will not be extended and will end at the agreed end time.
  9. Please do not arrive to your lessons, or to poolside/lakeside sooner than 10 minutes prior to the start of the lesson – this is to ensure smooth running of lessons and prevent noise and overcrowding on poolside or in the changing facilities.
  10. We shall try to accommodate any request to change the date, start time, duration, location or teacher of any agreed one to one lesson 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.
  11. All bookings are subject to a 12 month validity period. All lessons that form your booking must be taken within this 12 month period. No credit or refund will be offered of given for bookings not taken within the 12 month validity.
  12. For adults booking 12 week courses, up to 3 lessons can be transferred towards open water sessions during the summer season (April to September), and these cannot be carried over after 12 months from the commencement date of the first lessons has passed.
  13. Please note that validity periods are frozen during periods of UK government lockdowns where swimming pools, open water swimming venues and swimming lessons are legally enforced to close and refunds will not be due within this time.
  14. Any outstanding lessons are your responsibility to contact us to book and TriSwim will not be held responsible for lessons lapsing in validity period because you didn’t arrange bookings for your lessons.
  15. Lessons can be booked electronically via www.triswim.org.uk which will show a full calendar of availability.
  1. Registration and Contacting Us
  2. When booking any lessons or lake swimming with us you must register your details with us either on our booking form 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 and GDPR Law.
  1. Payment
  2. The fee for lesson(s) and lake swimming will be confirmed to you at the time of booking online, by email, or by telephone and will be set out in an invoice or confirmation letter which we will email to you. You must pay for your booking, even if you do not attend for any reason.
    1. 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.
    2. We may send invoices by post at our discretion, however posted invoices not received by you will still remain payable
  3. Payment must be made in full before the start of the lesson or swim session.
  4. If payment is not received by the lesson’s or swim 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:
    1. You will be reminded by email and/or telephone after non-payment one week after your first lesson has commenced.
      1. Emails and voicemails not received will still serve as notice of Late Payment.
    2. A final warning will be issued by email and/or telephone if no payment has been made three weeks after your lesson date, regardless of attendance.
      1. Emails and voicemails not received will still serve as a final notice of Late Payment
    3. If full payment for your lesson(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
      1. We reserve the right to pass any Late Payments on to third-party debt collection agencies after a final warning has been issued
    4. Late payments will apply where you have failed to notify us of cancellation (Paragraph 7) before the lesson has begun
    5. (Together “Late Payments”)
  5. We accept cheques made payable to “TriSwim Ltd” and posted to our office. We also accept major credit/debit cards for online payments.
  6. Payment cannot be accepted at any swimming pools or lesson venues.
  1. Illness, Medical Conditions & Acceptance of Risk of lessons
  1. If there are any signs of stomach upset and sickness in your family on the day of the arranged lesson or in the 7 days before the lesson, you must inform us and we reserve the right to cancel your lesson for your safety and that of others.
  2. You must declare to us in your booking form, all medical conditions regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your engagement in lessons and we will notify you of our decision within 48 hours of receiving your notice.
  3. 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 miss a lesson due to sickness, please let us know by telephone or email at the earliest opportunity.
  2. Cancellations for single lessons; No refunds will be offered for lessons that you have missed.
  3. Catch-up lessons will be offered for lessons that we have cancelled for reasons such as pool closure/teacher absence. We are not obliged to offer refunds if you cannot attend your catch-up class.
  4. Any customer account that falls within “Late Payments” will not be eligible for a make-up session, regardless of notice periods for cancellation
  1. If you cancel a series of lessons after you have paid for them, we shall not be obliged to provide you with any credit or refund.
  2. Any cancellation made by you within 72 hours of your lesson start, for whatever reason, will not be subject to a refund, however a catch-up class will be offered where ever possible.
  3. Refunds will not be made if you become unavailable to attend your lessons. Every effort will be made to fulfil your lessons at a time convenient to you, as per our ‘catch-up class policy’. This includes cancellation due to holidays.
  4. You may receive a refund if you cancel a series of lessons on medical grounds, we will require a doctors certificate in order to process a refund for any lessons not taken and will be minus administration charges.
  5. Cancellations made by you, and where a suitable catch-up class cannot be arranged will not be subject to a refund.
  6. TriSwim Stars offers new clients* the possibility to cancel after 3 consecutively taken lessons if the child continues to shows signs of distress. This will be at the discretion of the teacher after a face to face meeting with the child’s parents has been made, and the outcome agreed that it is within the child’s best interests to stop swimming lessons.
    • New clients* refers to children who are within their first term swimming with TriSwim.
    • Three consecutively taken lessons means lessons taken weekly without a break.
    • Refund will be made minus any sessions taken plus any administration costs incurred by TriSwim.
  7. If you have booked a series of lessons but have not yet paid, you may cancel the course at least 24 hours prior to the date of the first lesson by contacting us and notifying us of your wish to cancel. You will be subject to a cancellation fee of 1 session cost (£30 for half an hour, £60 for an hour lesson) to cover administration and any losses to us arising from cancelling a session we had held for you irrespective of the time of notice to cancel served.
  8. 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
  9. 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
  10.  As a TriSwim member, you have access to a member account area in which you can cancel and change your general swim bookings up to 3 days before the swim is due to start. To receive a refund or credit, you must cancel your swim booking within 3 days of the booked swim session due to start or you will be charged in full.
  11.  Non members booking lake swimming sessions that you subsequently need to cancel are not subject to any refund or credit.
  1. Cancellation by us
  2. If we determine that there is insufficient support for a lesson or lake swimming, if the pool facility is closed or there are elements outside of our control that means we need to cancel a lesson or a series of lessons, if the lake venue is closed due to inclement weather or other elements outside of our control, we have the right to cancel, suspend or postpone your booking. We shall give you as much notice as possible of any such cancellation and we will only provide you with a full refund of your fee if no suitable alternative session is found within your 12 month validity period. Refunds will only be offered after the 12 month validity has lapsed. 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.
  3. Validity periods will not include any UK enforced government lockdowns where swimming pools, open water venues and/or adult and child swimming lessons are not permitted to operate.
  4. We will make every effort not to cancel lessons or swimming sessions, but on rare occasions 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 booking or a new start date on a date designated by us. If you cannot attend the substitute lesson offered, we reserve the right to not credit the lesson to you. We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
    1. Provision 8.(2) will not apply to any customer accounts that fall under “Late Payments” per Paragraph 5.(4)
  5. Paragraph 8 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. Photography and Video Footage
  2. If you book a video analysis lesson then you give permission for us to take and publish photographs and/or videos of you which we may include on our website and other promotional materials.
  3. We will provide you with a copy of the video footage on a portable USB drive and the cost of this is included in the lesson fee.
  4. 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.
  5. You may not take or reproduce photographs or videos of our lessons, pupils, swimmers or venues without our consent.
  6. From time to time we may take photo’s and videos of swimming to use on our social media and marketing purposes, and you agree to allow us to publish them. Should you not wish your image or your child’s image to be used on social media and for marketing reasons – please let us know in writing.
  1. Safety and General Rules
  2. You are responsible for your own safety (or that of the minor you are accompanying), actions and behavior on any part of the swimming pool property including the changing area.
  3. Shoes must be removed before entering the poolside or overshoes worn.
  4. Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool or open water who gives us any concern whatsoever with regard to safety.
  5. You must not run or act inappropriately within the pool vicinity. We shall not be responsible for any injury/accident caused as a result of you or other pupils disobeying these rules.
  6. Nudity is not permitted on poolside or at any open water venue.
  7. Weald Place gardens and grassy areas are strictly out of bounds to all customers. Anyone found disrespecting the grounds will receive a formal warning in the first instance, and immediate withdrawal of lessons without refund in the second instance.
  8. Only 1 car per customer in the car park
  9. Please do not attend poolside sooner than 10 minutes prior to the start of your lesson – this is to ensure smooth running of lessons, and to prevent noise and overcrowding on poolside.
  10. Please do not arrive in the car park sooner than 15 minutes prior to the start of your lesson – this is to relieve pressure on the car park and allow access to customers arriving and leaving their classes.
  11. No alcohol or drugs are permitted anywhere on site. Anyone we suspect has consumed drugs or alcohol will be asked to leave site immediately.
  12. Please take care on the terrace area when approaching the swimming pool – this area can be slippery when wet.
  13. Cars and personal belongings are kept at your own risk. TriSwim and Weald Place accept no responsibility for any theft of damage of your property when on site.
  14. Please keep noise at a minimum on poolside when observing lessons. This includes limiting the use of mobile telephones, games consoles, and personal music.
  15. If a parent or observer brings a child with them, the ratio for supervision is 1 adult per child in their care. It is your responsibility to ensure the safety and control of the child in your care and we reserve the right to ask you to leave the pool building if the child in your care acts inappropriately, or disrupts lessons.
  16. Gift Certificates
  17. Gift Certificates are non-refundable
  18. Gift Certificates cannot be used to purchase more gift certificates
  19. Gift Certificates are not redeemable in cash, either in full, or towards another booking of greater value than the certificate.
  20. The Gift Certificate can only be redeemed against the product it was bought for i.e video analysis, 6 week course or 12 week course and cannot be used in conjunction with any other offer or gift certificate.
  21. To Redeem the voucher, the recipient of the voucher must email info@triswim.org.uk to check pool availability and to book the session at a mutually convenient time.
  22. The gift certificate will invalidate after the period of validity has elapsed. The period of validity will clearly be shown on the front of the gift certificate.
  23. Under no circumstances will a refund or booking be accepted after the period of validity has expired.
  1. Limitations of Liability
  2. 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.
  3. 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.
  4. In any event, we shall not be liable to you:
    1. for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;
    2. (where the claim is insured) for any loss which we are unable to recover from any insurer;
    3. (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
    4. for any loss which is greater than the fee paid by you for the relevant course of swimming lessons.
  5. 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 pupils
  6. We shall not be liable for any loss or theft of your another pupil’s personal possessions and all property left by on the property (including without limitation in the changing rooms and in the car park) is done so at your own risk.
  1. Governing Law
  2. 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.

Session B).

Shop Items

Faulty items will be replaced within 12 months of the date of purchase via the manufacturer. We will assist you with any faulty items you may have.

Shipping Policy

Currently we only ship items by request, generally we will deliver your items to you by hand at our next session. When items are shipped we may ask for you to pay the additional fees. TriSwim Ltd takes no responsibility for lost, damaged or stolen items and will take every care to use a reputable company in order for your item/s to arrive safely.

Terms of Use & Privacy Policy

We hope you agree to the policies below which define the conditions which you must accept in order to use our website. Once your make a booking, in person, via the online booking or on the phone, you automatically agree to the policies laid out therein. If you do not agree with this, you should not use our site or make bookings with us.

Terms of Use

Information published on this web site is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that TriSwim Ltd  may alter the information on its web site from time to time. TriSwim Ltd shall have no liability arising from the use by any party of the information on this web site or as a result of following our coaching advice. TriSwim Ltd does not warrant the information on this web site in any way and in particular no warranty is given that the web site or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. TriSwim Ltd exclude all liability for contamination or damage caused by any virus or electronic transmission.

Privacy & Security Policy

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized Directors, employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. By contacting us you agree to join our mailing list which we send out occasional non spammy updates from! All emails and newsletters from our site allow you to opt out of further mailings.

TriSwim Ltd will never sell trade, rent, exchange or otherwise share your personal information with any other person, company or organization.

Your Privacy

TriSwim Ltd respects your privacy and pledges to maintain the confidentiality of your personal information.  All personal information you share with us is maintained in accordance with the Personal Information Protection and Electronic Documents Act (2000).   References to TriSwim Ltd may include its affiliates, depending on the context.  For questions regarding our privacy policy please express this in writing to: Privacy Policy, TriSwim Ltd 45 Western Road, Tunbridge Wells, Kent, TN1 2JQ

Legal Obligation of Information Release

TriSwim Ltd will release any information that is required to be released by law or court order. In exceptional circumstances it may be necessary that we disclose your personally identifiable information if we believe, in good faith, that disclosure is otherwise necessary or advisable to protect Advantage 4 Athletes Conditioning Centre’s interests. We will seek to ensure that any proposed disclosure is required in the circumstances and then ensure that we disclose only the information that is required.

Use of Your Information

TriSwim Ltd obtains most of our information through the signing of waivers and completion of Par-Q forms. With your consent we may also obtain personal information about you from third parties. This may include parents, guardian, coaches or whoever is registering you in a program and paying for your registration.  Use of your personal information for any purpose other than those outlined or the release of such information by parties outside of TriSwim Ltd or its affiliates will take place only under the following circumstances:

(a) When you give consent – We will disclose your personal information when you have given consent.

Under no circumstances do we sell participant or personal information to others.  Please note that we will not share health information that may have been provided in connection with a program, program withdrawal or request for refund. With your consent, we may use certain information to provide you with information about TriSwim Ltd and its affiliates and programming.  This consent is optional and you can decide to withdraw it at any time.  Information collected by TriSwim Ltd about its users is used internally by authorized employees of TriSwim Ltd for following reasons: To process payment, register you in the program of your choice, update you when required of any possible changes of the planned services at TriSwim Ltd, determination of those areas, features, and services that are valued the most and found most helpful. Also, we collect information to determine the appropriate participation in the activities and services provided at the TriSwim Ltd and on our site.

Securing Your Information

The TriSwim Ltd website uses sophisticated security and safeguard measures to protect users’ information.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties such as Google Analytics.

Contract Terms & Conditions

All services purchased from TriSwim Ltd must be preceded by the applicant acknowledging, by way of completing a PAR-Q form, that he/she has no physical limitations preventing him/her from participation and those which are relevant will be supplied in advance. All applicants under the age of 18 years must have consent from a parent or guardian and have a parent/guardian in attendance at all sessions. The applicant also agrees to abide by the rules and regulations of the facilities and acknowledges that these rules and regulations may change from time to time. Furthermore, all applicants release TriSwim Ltd, its owners, directors, managers and all employees and facilities hired of all liability regarding 1) any injury to self or child 2) any loss or damage to personal property. If purchasing packages that require payments to be made in instalments, the applicant agrees to approve such instalments be made by credit card on the dates as predetermined in the services contract.

Registration & Purchase

To register or purchase from the TriSwim Ltd online booking system, you must be over 18 years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

Company no: 9861547
Trademark No: UK00003135095

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