The following Terms and Conditions form the basis of a Contract between You and The Company. Please take the time to carefully read through this Contract. By conﬁrming with payment you are acknowledging that you have read, understood and agree to the following terms and conditions.
The deﬁnitions of words used throughout this document are listed below:-
- ‘The Company’ means Glynis Johnson-Forde Trading as TinyFins Baby Baby and Toddler Swimming.
- ‘We’ ‘Us’ or ‘Our’ means The Company
- ‘Guardian’ means any person other than a parent who brings the baby to the Lesson
- ‘You’ or ‘Your’ The person(s) signing this Contract
- ‘Course’ nine week course comprising of nine Lessons
- ‘Lesson’ individual class within the Course each lasting approximately thirty minutes
- ‘Instructor’ Employee provided by The Company who shall teach the Lessons
- ‘Premises’ The building within which the Lesson takes place. The building may not necessarily be the same building throughout the Course.
Our Procedures and Responsibilities and Duties to You:
1.1 We will provide a suitably qualiﬁed Instructor to work in the water to teach a programme of appropriate and suitable swimming techniques
1.2 We shall endeavour to provide a temporary replacement Instructor in the event of any Instructor absence
1.3 We reserve the right to replace Instructors at any point throughout the Term if we feel it necessary or appropriate to do so
1.4 A copy of The Company’s Public Liability Insurance Policy is available for inspection upon request
1.5 We reserve the right to change the time of, or cancel Lessons or Courses at any time but You will be advised at the earliest opportunity
1.6 Every effort is made to keep Lesson numbers low but any target Lesson numbers that are given are just that and We reserve the right to alter Lesson sizes if necessary
1.7 If We need to cancel a Lesson then We will add the information to Our website, and send you and email. TinyFins is not responsible for any expenses you may incur as a result of any lessons that are cancelled by TinyFins
1.8 In the event of Us cancelling a Lesson due to situations such as pool plant failure, poor weather, instructor absence etc. then in the first instance, we will offer a catch-up lesson where possible. If this is not possible, the lesson shall, where possible, be added to the end of the Course or re-arranged for any available day within the term period including any days or days that may have been originally designated as days off. If, however, You are unable to attend the re-arranged Lesson then We cannot offer a refund. If We are forced to cancel more than two Lessons then We shall offer a refund to the value of the third Lesson and any further cancelled Lessons during the Course if they cannot be added to the end of the Course or You are unable to attend. Consequently, you should allow for the possibility that an extra two weeks may be added to the end of a term to cover any weeks when the pool is unavoidably closed. If we cancel a lesson that you informed us prior to the day of the lesson that you were unable to attend (due to sickness, holiday etc.) or that you find you cannot attend,then you could be offered (but are not guaranteed) a catch-up lesson (only if there is a space available) but you will not receive a refund for the missed lesson. All refund payments will be made at the end of term.
If We have to abandon a class due to unforseen circumstances such as an injury, fire emergency, fouling of the pool etc, We will not be able to offer a refund under these circumstances, however we will try (but cannot guarantee) to provide an opportunity to attend a catchup lesson.
1.9 If You or the Guardian know of any illness medical condition or allergy caused to the baby then You must notify Us and the Instructor prior to any Lesson and give full details so that We can take appropriate action or precautions if necessary
1.10 In the event that We feel the baby is not able to go swimming due to illness, allergy or other appropriate reason then We reserve the right to prevent the baby attending a Lesson or the Course and in such circumstances We are unable to offer any refund
1.11Once the Term has begun, we are not able to refund any course fees or defer your booking to another term.
1.12 In the case of illness or absence We will endeavour to offer a maximum of two “catch-up” classes per nine-week term; but We are not obliged to do so. These catch-up classes can only be taken within the term in which the absence occurs and are subject to availability.
Rules to be Observed by You Throughout the Course
2.1 Only babies aged between 4 months and 14 months can start the Course at Level One.
2.2 You will remain responsible for Your baby throughout each Lesson and Your baby will not be permitted to take part in the Lesson unless You or the nominated Guardian are able to enter the water with Your baby to take responsibility.
2.3 No food or drink can be consumed in the pool building (neither in the change rooms or poolside).
2.4 No food or drink other than water should be given to the baby during the hour preceding the Lesson.
2.5 Photography is strictly prohibited throughout the Course however We shall endeavour to hire a professional underwater photographer to take underwater photos at least twice a year. Babies need to have completed Level 1 and be happy submerging to get the best photos. We shall advise you in advance of the dates.
2.6 A ‘neoprene’ swim nappy over a re-usable swim nappy or a disposable swim nappy must be worn by the baby and any baby not suitably attired will not be permitted to partake in the Lesson. No refund can be given if our baby/child is not allowed into the pool if they are not wearing the correct swim nappies.
2.7 If You have a complaint then please do so in writing via email. Any abusive or offensive behaviour towards any member of staff will not be tolerated and You may be asked to leave the Lesson
2.8 You and the nominated Guardian must conduct Yourselves in a manner promoting the safety and comfort of all in attendance and We can request that either You or the Guardian vacate the premises immediately if We feel it reasonable in the circumstances. In this event no refund can be given.
2.9 Neither You nor a Guardian should enter the swimming pool until permitted by the Instructor.
2.10 You must take all rubbish and nappies home with You at the end of each Lesson.
2.11 Any relatives are welcome to attend the Lessons subject to available seating space but You remain responsible for them and they must remain quiet throughout the Lesson.
2.12 You should adhere to the individual requirements of each venue such as car parking, o photography, no food at poolside etc.
Booking and Payment Conditions:
3.1 A Contract comprising these Terms and Conditions will come into effect once You submit a booking form.
3.2 All bookings are accepted on a ‘ﬁrst come ﬁrst served’ basis and We cannot guarantee Your choice of day and time. It is therefore in Your interest to submit full payment along with the booking form as soon as possible.
3.3 If on receipt of Your booking form and payment We cannot offer you your ﬁrst or second choice Course then we will telephone You to arrange an alternative Course.
3.4 Payment must be received within seven days of reserving a place or we cannot conﬁrm Your place. There is also a £20.00 administration fee in the event that a cheque is returned unpaid by Your bank.
3.5 We shall email You conﬁrmation of Your booking within ﬁve working days of receiving Your payment. If you want to change your class day, date or venue after you have made your booking...this will incur an administration fee of £15.
3.6 Any correspondence or other contact will be directed to You and if any of Your personal details differ at any stage during the Course You must notify Us immediately.
3.7 We shall give you advance notification by email when the next term’s booking dates have been added to the website (usually during week 6 or 7 of your current term) giving You an early opportunity to secure Your space in the next term’s class.
If We do not have Your email address then we shall send You a text.
3.8 We will offer You a full refund minus a £13.00 administration charge if You cancel your application at any point prior to ﬁve working days before the Course begins. We will offer You a full refund minus a £30.00 administration charge if You cancel your application at any point within the period of ﬁve working days before the course begins.
3.9 For the avoidance of doubt if You do not cancel Your application by the day before the ﬁrst Lesson then We cannot offer a refund, credit or transfer of funds to future courses. We do not refund under any circumstances once the term has begun.
3.10 We will reserve a space for Your baby if requested over the telephone or by email but We require a completed booking form and full payment within 5 working days of the request date. If full payment is not received during that time that We reserve the right to offer that place to another customer.
3.11 If You cancel a reserved but not conﬁrmed place on the Course then You will not be charged
3.12 If You are owed a refund (either partial or full) then We can deduct it from the amount due for the following terms fees if requested to do so. Alternatively a refund can be sent directly to You at the end of the current term..
3.13 If You are unable to attend a Lesson then You will be permitted to attend another Lesson during the term however this can only be done a maximum of twice during the current term and will only be provided where it is possible (i.e. we cannot guarantee there will be a suitable space but we will make every effort to find one). Parents must be aware that if we are able to provide an alternative lesson, this will most likely be on a different day and/or location than your usual lesson). Catchup lessons must be taken during the current term and cannot be transferred to future terms.
Assumption of Risk Agreement
WARNING: Swimming, as with any activity, which takes place in, on or around any body of water or in the immediate area of any body of water has obvious inherent risks including, but not limited to drowning. When attending any property for the purpose of taking part in or viewing a TinyFins swimming session(s) you must ensure that you, those in your care, and those who accompany you, voluntarily or otherwise, must:
Advise truthfully and fully inform TinyFins and your instructor(s) of any pre-existing medical condition that you or the child and where applicable, that of your Spouse/Partner, or those in whose care you have placed your child may have prior to the start of the TinyFins swimming sessions. You must also inform TinyFins and your instructor(s) of any medical condition diagnosed following the start of the booked swimming session(s) for your child and where applicable, that of your Spouse/Partner, or those in whose care you have placed your child for the purposes of swimming with TinyFins.
If you have any queries in regard to health issues and swimming, it is advised that you contact your General Practitioner, Health Visitor, and or Paediatrician prior to ageing to our Terms and Conditions and participation in any TinyFins swimming session(s).
EXCLUSIONS. Neither TinyFins, its employees or the instructor(s) accept any responsibility for any death, injury or loss suffered nor damage to any part of the swimming pool or building in which the pool is located, or any adjoining lands, buildings or boundaries caused by you, your Spouse/ Partner, your child, or those in whose care you have placed your child, for the purposes of swimming with or observing TinyFins resulting from any conduct, matter or condition under your or their control, which amounts to contributory negligence whilst attending any TinyFins swimming session(s).
Neither TinyFins, nor its employees or teacher(s) accept any responsibility for any damage, discolouration or tarnishing to any items of jewellery, including watches, worn by you, your child or those in whose care you have placed your child, for the purposes of observing or swimming with TinyFins.
Neither TinyFins, its employees or instructor(s) accept responsibility for any discolouration to any item of clothing or costume worn for the purposes of swimming by you, your child or by those in whose care you have placed your child purposes of observing or swimming with TinyFins. In the absence of any proven negligence, lack of due diligence or breach of duty by the instructor(s), TinyFins, or its’ employees, the participation of you, your Spouse/Partner, child, or those in whose care you have placed your child for the purposes of attending or observing TinyFins swimming sessions is done so entirely at your and their own risk. This Assumption of Risk also extends to any other person(s) who may voluntarily or otherwise, accompany you, your child, your Spouse/ Partner, or those in whose care you have placed your child for the purposes of observing or swimming with Tinyfins. You must inform TinyFins should your child’s or parent/guardian medical condition(s) change. I also affirm that I am over *18 years of age. *TinyFins is unable to enter into a binding agreement with persons under the age of 18.
3.15 This Contract is governed by English Law and any dispute will be dealt with under the jurisdiction of England and Wales.
TinyFins is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
TinyFins may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January1/1/ 2016.
What we collect
We may collect the following information:
- name and job title
- contact information including email address and phone numbers
- other information relevant to your child’s fitness to swim
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emailsabout new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure,we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
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We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.