Swim-clinics-terms-and-conditions | Surrey

Terms and Conditions for Swim Video Analysis Clinics and Open Water Clinics

The following terms and conditions apply to all participants (“you”) attending swimming clinics described as “stroke analysis technique clinics” or “open water clinics” and organised by Speedy Swimming (“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

By booking, or attending a swimming clinic or open water 1-2-1 or group lesson with us, you accept these terms and conditions and they will form a binding contract between you and us
You will ensure that you follow the general swimming pool rules set out at the end of these terms and conditions and any rules that are specific to a particular pool
We reserve the right to vary these terms and conditions at any time upon reasonable notice to you
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

2. Clinics

In order to attend our swim video analysis clinics you must be able to swim the following minimum distances of a basic freestyle swimming stroke continuously and without rest:

Novice clinic - 50 metres in one go, or 200 metres in 4 minutes and 15 seconds or more
Intermediate clinic - 400 metres between 6 minutes and 9 minutes and for open water clinics, 400 metres continuously.
Advanced clinic - 400 metres between 4 minutes 30 seconds and 6 minutes 30 seconds

For open water lessons / group sessions - you must be able to swim 200 metres continuously in open water

If in our instructor's professional opinion you are unable to comply with these minimum requirements, then we may cancel your place on the relevant clinic. If you have already paid for the clinic we will offer you a credit to be offset against any future bookings
We reserve the right at any point to change the start time or venue of a clinic. If you are not able to attend the rescheduled clinic we may provide you with a alternaitve swim lesson credit option (as described in point 8.3)
All clinics will start promptly at the agreed start time. If you arrive late to the pool or other venue, the clinic will not be extended and will end at the agreed end time
The dates, start times, durations and locations of our stroke analysis technique clinics and open water clinics (together “lessons” or “clinics”) will be as advertised on our website from time to time which will be emailed to you after you have booked your place on a clinic

3. Registration and contacting us

Before booking any clinics with us you must register your details with us either through eventbrite or by telephone. By providing your email address, we may send you administrative and marketing information about our services and other information
Where these terms and conditions require you to telephone us, please do so on 07958 635142. Where these terms and conditions require you to email us, please email us at speedyswimming@gmail.com. Bookings may be made by email or by telephone and shall be on a first-come, first-served basis. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking

4. Payment

The fee for clinic(s) will be confirmed to you at the time of booking online or by email and will be set out in an invoice if necessary which we will email to you from speedyswimming@gmail.com
Invoices that are emailed to you must be paid within 48 hours upon receipt. If the invoice is not seen by you because (a) your email address has been entered incorrectly or (b) has been marked as ‘spam’ by your email client the invoice is still payable in full
Payment must be made in full before the start of the clinic
If payment by invoice is not received by the clinic’s start date, then your account will be treated as a late payment and we may at our complete discretion cancel any future bookings:

(A) You will be reminded by email and/or telephone after non-payment one week after the clinic has commenced
- (i) Emails and voicemails not received will still serve as notice of late payment
(B) If full payment for your clinic has not been received after your final warning, any future bookings will be cancelled and your invoice will remain payable in full
- (i) 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
(C) Late payments will apply where you have failed to notify us of cancellation (7. Cancellations) before the clinic has begun
We accept payment via paypal / eventbrite most major credit/debit cards
Payment cannot be accepted at any swimming pools or lesson venues

5. Illness, medical conditions and acceptance of risk

You should not attend a clinic whilst you are suffering from a heavy cold, sinusitis, ear infection or symptoms of any of the above. If you have any queries with regard to further health problems please contact us
You must declare to us in writing by emailing us or by telephone on 07958 635142 all medical conditions affecting you, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your engagement in clinics and we will notify you of our decision within 48 hours of receiving your notice
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. By booking or attending a clinic with us, you confirm to us that:

(A) you are fit to swim in a swimming pool or (if the clinic takes place in open water) in open water;
(B) you meet the minimum requirements for swimming ability set out in paragraph 2 of these terms and conditions;
(C) all personal information you have provided to us is correct and not misleading; and
(D) you understand the dangers of swimming in a swimming pool and (if the clinic takes place in open water) in open water and you agree to swim at your own risk

6. Requests to change clinics

You may request a change to the date of your booked clinic at any time up to 14 days before the date of the booked clinic and we shall attempt to swap you into another clinic. If we are not able to do so, we may at our discretion provide you with a credit
Bookings for clinics are non transferable to any other person, without prior consent with Speedy Swimming, in the first instance by telephone on 07958 635142, and in the second by email to speedyswimming@gmail.com

7. Cancellation by you

You must cancel by phone on 07958 635142
If you cancel your attendance at the clinic 5 days before the day of the clinic we will give you a full refund (minus administration fee of £10)
If you cancel your attendance at the clinic between 5 and 3 days before will offer you a choice of: 70% refund (minus administration fee of £10) or a 90 minute one to one endless pool session or slot on the next available clinic. We will discuss your preferred option when you call
We do not offer any refunds on cancellations made less than 3 days before the day of the clinic
We do not offer any refunds if you fail to attend the clinic

8. Cancellation by us

We will cancel by emailing or calling you on the number email provided at the time of booking
Swim clinics at Cranleigh are run on bases of a minimum of 12 clients
If 72 hours before the day of the swim clinic we do not have 12 clients we will move the clinic from Cranleigh School to the Tribal Multisport Endless Pool in Chertsey, where the same format for the swim clinic will run as per the Cranleigh clinic. Or you would be entitled to either one of the following options equivalent to the value of the swim clinic:

1. ) Endless Pool swim video analysis and a pool based lesson

2. ) 2x 1 hour pool based swim lessons

Please note that Chertsey clinics will be 5 hours from 10.30 to 15.30 and will be for a maximum of 6 swimmers per session. We will therefore run these over 2 separate dates if we have 12 swimmers booked on. Chertsey clinics will cover the same course material and per client pool time
The extra four hours at the Cranleigh clinic allows for the higher amount clinic attendees as well as pool change in and out times
If we have one or less booked on the clinic we reserve the right to cancel the clinic at any time after publication date of the clinic

9. Photography and video footage

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 for marketing purposes.
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
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
You may not create or reproduce photographs or videos of our clinics or participants

10. Safety and general pool rules

You are responsible for your own safety, actions and behaviour on any part of the swimming pool property including the changing area
Shoes must be removed before entering the poolside or overshoes worn
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
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 pupils disobeying these rules
Wetsuits must be worn on all open water clinics. If you choose not to wear a wetsuit then you enter the water entirely at your own risk and we shall not be liable for any accidents or injuries you sustain. If our instructors in their absolute discretion consider that the water conditions are unsuitable for swimmers without wetsuits, then they may refuse to permit you to enter the water. In this event we will not provide a refund or credit of the clinic fee
Open water swimming by its nature presents risks to the swimmer over and above those found in a swimming pool and by booking an open water clinic you accept that you are acting at your own risk and that we shall not be liable for any injury or any other matter suffered by you in the course of or as a result of the clinic (including without limitation for any water borne diseases and/or any injuries caused by wildlife on the water)

11. Limitations of liability

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
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
In any event, we shall not be liable to you:
(A) for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;
(B) (where the claim is insured) for any loss which we are unable to recover from any insurer;
(C) (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
(D) for any loss which is greater than the fee paid by you for the relevant course of swimming lessons
In the event that you cause 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
We shall not be liable for any loss or theft of yours or any participant’s personal possessions, and all possessions left on the property (including without limitation in the changing rooms and in the car park) are done so at your own risk