Please read the following important terms and conditions before You book swimming lessons with us and check that they contain everything which You want and nothing that You are not willing to agree to.
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
(A) to provision of any Swimming Lesson (as defined in Clause 1 below) by Core Aquatics Ltd a company registered in England under number 09734192 whose registered office is at c/o Cottons, 21 High Street, Lutterworth, Leics, England, LE17 4AT (“Us”);
(B) where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation; |
|---|---|
| “Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Swimming Lessons for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business; |
| “Swimming Lesson” | means any session at which We provide or lead any Swimming Lesson, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Swimming Lesson; |
| “Term” | means a cycle of 10 weekly Swimming Lessons as scheduled and notified by Us. Term dates are published by Us in advance via the Core Portal and/or venue email; |
| “New Starter Form” | means the new starter form that We provide to You for You to apply to join; |
| “Our premises” | means the premises at which We hold Swimming Lessons which is The Nottingham High School, Waverley Street, Nottingham NG7 4ED; and The West Bridgford School, Loughborough Road, West Bridgford, Nottingham, NG2 7FA. |
| “Payment Provider” | means Adfin, the third-party payment collection service which collects payments due to Us. Invoices are issued through Our accounting platform, Xero, and collected by Adfin. We reserve the right to change the Payment Provider and/or accounting platform on giving You 30 days’ notice; |
| “Price List” | means Our standard price list for all Swimming Lessons which We offer. The list of Swimming Lessons and their prices is available from Us. |
| “Regulations” | means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
| “We/Us/Our” | means Core Aquatics Ltd whose place of business and contact address is the same address as above and includes all Our team (employees and agents); and |
| “You/Your” | means an individual to whom We agree to provide any Swimming Lessons. |
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to “these Terms and Conditions” is a reference to these Terms and Conditions; and a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
1.4 Words signifying the singular number shall include the plural and vice versa.
1.5 References to any sex shall include the other sex.
1.6 These Terms and Conditions apply from the moment You make a booking request or a payment, whichever is first, and by doing either You agree to be legally bound by them. A binding contract for Swimming Lessons is formed as set out in Clause 2.6.
2. Booking
2.1 In order to attend any Swimming Lessons, You must first make an enquiry with Us. You must then book with Us. All booking requests are made subject to these Terms and Conditions, and a binding contract is formed as set out in Clause 2.6.
2.2 The details that You provide and confirm in the New Starter Form must be complete and correct, including Your confirmation that You are 18 or over and/or a legal Parent or guardian and a “Consumer”, and that You agree to Our Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions. Note, by paying for lessons You accept our Terms and Conditions.
2.3 Upon enquiry You will receive information regarding Our services and operations based on what is best for You. It is Your responsibility to seek clarification if required.
2.4 We aim to place You in the correct class for Your swimming ability from the outset which is based on Your initial communication of Your current swimming ability.
2.5 You may book and attend Swimming Lessons only once We have accepted Your New Starter Form and payment. Acceptance of that application to register means that We agree that You may then (but not otherwise) book Swimming Lessons. Our decision whether to accept Your application to register is in Our absolute discretion. Acceptance of Your registration does not itself create a contract for Swimming Lessons; see Clause 2.6.
2.6 A binding contract between You and Us on these Terms and Conditions is formed when We accept Your booking and Your payment for Swimming Lessons is received. Your enrolment is then a single continuing contract which renews automatically for each successive Term unless and until You end it by valid written notice under Clauses 3.7 and 3.8, or it is otherwise ended in accordance with these Terms and Conditions. Re-enrolment and payment for each further Term is a continuation of that same contract and does not create a new contract.
2.7 Failure to supply Your New Starter Form may result in Us being unable to admit swimmers into lessons. Failure to declare information that may impact upon Swimming Lessons is parent/guardian responsibility and liability.
2.8 It is Your responsibility as parent/guardian to ensure that all information We hold is up to date.
2.9 We may, acting reasonably, decline any booking or enrolment request, or make Our acceptance conditional on payment in full in advance (by payment link or BACS), where there is a history of non-payment, late payment, chargebacks, repeated cancellation or repeated failure to attend, or where We reasonably consider that accepting the booking is not in the interests of Our business or Our other customers. Nothing in this Clause affects the statutory rights that apply once a booking has been accepted.
3. Booking and Cancellation of Swimming Lessons, Payment, Expulsion, and Consumer Rights
Termly Payment
3.1 All Swimming Lessons follow a 10 week swimming Term cycle.
3.2 You must pay in accordance with Our Prices for all Swimming Lessons that We fully and correctly provide to You.
3.3 If You join mid-course, You will be billed for the number of weeks remaining during that Term and then Termly thereafter.
3.4 New Starters pay a £10.00 (inclusive of VAT) Administration Fee per swimmer for Our registration service – setting up Your account and records, processing Your New Starter Form and payment mandate, and allocating a class place. By submitting Your New Starter Form You expressly request that We perform this registration service immediately; it is performed in full as soon as We accept Your New Starter Form, and the Administration Fee is therefore non-refundable once performed, including where You cancel under Clause 4. If a current Consumer leaves and returns, the Administration Fee is charged for rejoining upon return. Administration Fees are not charged for re-enrolment between Terms.
3.5 Termly Payments are based upon 40 weeks of the year split into 4 payments per swimmer.
3.6 Payment in advance of each Term is a commitment to complete that Term and should You terminate during the Term, no refund is given (this does not affect Your rights under Clause 4 or Your statutory rights).
3.7 Each Term runs for 10 weeks and the dates of weeks 1 to 10 are published in advance via the Core Portal and/or venue email. If You choose to leave at the end of the current Term, Your written notice must be received by the notice deadline shown in the published Term dates at the venue mailbox Nottinghamhigh@coreaquatics.co.uk or westbridgford@coreaquatics.co.uk. If valid written notice is not received by the published notice deadline, You remain enrolled for the following Term and are liable for the following Term’s fees in full, whether or not You attend.
3.8 Cancellation notice is only given by email to the correct venue inbox (either Nottinghamhigh@coreaquatics.co.uk or westbridgford@coreaquatics.co.uk). Notice given verbally, by text or via social media, or to individual team members, is not valid notice. We will acknowledge Your notice by email within 5 working days; if You do not receive an acknowledgement, Your notice has not been received and it is Your responsibility to contact Us. The date of valid notice is the date the email is received in the venue inbox.
Payment Collection (Adfin via Xero)
3.9 All fees are invoiced through Our accounting platform, Xero, and collected on Our behalf by Our Payment Provider, Adfin. Payments are processed by Adfin’s FCA-regulated payment partners, and the reference on Your bank or card statement may show “Adfin” or the name of one of those partners. Such transactions relate to Your Core Aquatics fees and are not fraudulent or unrecognised transactions; if You do not recognise a transaction, You must contact Us via the venue email before disputing it with Your bank.
3.10 By registering a payment method (Direct Debit, debit/credit card or bank payment) You authorise Us and Adfin to collect all fees properly due under these Terms and Conditions on or after the invoice due date, including recurring Termly fees for each Term for which You remain enrolled, until You end Your enrolment in accordance with Clause 3.7 and 3.8.
3.11 Payment by Adfin mandate is Our standard payment method and re-enrolment for each Term is processed through it. As part of enrolment You must sign the Adfin payment mandate when requested. A mandate must be signed at least 3 working days before a payment can be collected under it. If You have not signed an active mandate in time for payment to be collected by the deadlines in Clause 3.13, We cannot secure Your place: We may treat Your enrolment for the following Term as declined and may release Your place and/or class time to another swimmer. Any fees for which You are already liable (including under Clause 3.7) remain payable.
3.12 Payment must be received before lessons start. If You are a New Starter joining mid-Term, or You otherwise wish to start lessons before an Adfin mandate can be signed and processed (allowing the 3 working days referred to in Clause 3.11), We will ask You, before the first lesson, either to pay the fees for the remainder of the current Term by BACS bank transfer, or to pay immediately via a secure payment link sent by Our finance team. Your Adfin mandate will then be used for re-enrolment and all subsequent Terms. Swimmers may not start lessons until this initial payment has been received in cleared funds.
3.13 Invoicing and payment for each Term follow the timetable in the Term dates document published on the Core Portal: (a) written notice to leave at the end of the current Term must be received by the published notice deadline (Clause 3.7); (b) invoices for the following Term are issued via Xero on the published invoicing date; (c) payment must be received by Us in cleared funds by the published payment due date; and (d) if payment has not been received by the published payment due date, a Late Fee of £12 per swimmer per invoice (reflecting Our genuine administrative costs of chasing and reprocessing payment) will be added, and the full balance including the Late Fee must be paid by the published final payment date. If a payment fails, is declined or is returned unpaid, collection will be automatically re-attempted by Adfin and You will be notified. If Your payment mandate fails, or a payment is declined or returned unpaid, and payment has still not been received by Us in cleared funds by the published payment due date, a Failed Payment Fee of £36 per swimmer (reflecting Our genuine administrative costs of investigating the failed collection, reprocessing payment and chasing the outstanding balance) will be added to Your fees in addition to the £12 Late Fee above (£48 in total per swimmer per invoice where both apply), and the full balance including the Late Fee and the Failed Payment Fee must be received by Us in cleared funds no later than week 10 of the current Term. If the full balance (including the Late Fee and the Failed Payment Fee) has not been received by week 10 of the Term, Clauses 3.14 and 3.15 will apply (including suspension of Swimming Lessons, release of Your place and/or class time, referral to debt collection or legal proceedings, recovery costs and interest), and if You have cancelled Your payment instruction Clause 3.16 will also apply. For mid-Term joiners and other ad hoc charges, payment is due by the date shown on the invoice and this Clause applies with the invoice due date in place of the published payment due date.
3.14 If Your account (including any Late Fee) remains unpaid after the published final payment date, Your enrolment for the following Term is not secured: We may suspend Swimming Lessons until Your account is settled in full and may release Your place and/or class time to another swimmer. Lessons falling during a period of suspension for non-payment are non-refundable and non-transferable, and any fees for which You are already liable remain payable.
3.15 Any sums which remain unpaid 30 days after the due date may be referred to a debt collection agency or to legal proceedings. You will be liable for Our reasonable costs of recovering the debt, together with interest on the overdue sum at 4% per annum above the Bank of England base rate from the due date until payment.
3.16 Cancelling Your Direct Debit mandate, card authority or other payment instruction does not cancel Your enrolment or Your notice obligations under Clauses 3.7 and 3.8, and all fees properly due remain payable. If You cancel Your payment instruction without giving valid written notice and/or with fees outstanding, an administration charge of £100 will apply, which represents a genuine pre-estimate of Our administrative and recovery costs, in addition to the outstanding fees and any recovery costs under Clause 3.15.
3.17 If You dispute a legitimate transaction with Your bank or card provider, or report it as fraudulent or unrecognised (a “chargeback”), We may suspend Swimming Lessons while the dispute is resolved. If the dispute is resolved in Our favour, You will be liable for the disputed amount, any charges levied on Us by the bank, card scheme or Payment Provider as a result, and an administration charge of £120 representing a genuine pre-estimate of Our costs in administering and responding to the dispute. Nothing in this Clause prevents You from raising a genuine dispute.
3.18 We reserve the right to change the Payment Provider and/or accounting platform and will provide 30 days’ notice of any change.
3.19 We do not impose any surcharge for paying by any particular payment method.
3.20 Receipt of prompt payment for Your lessons is required if You wish to remain in the current class. We cannot accept any responsibility if You lose a place on Your chosen class time because You have failed to maintain Your booking and make the appropriate payment.
3.21 It is the responsibility of parents to ensure that fees are correct and paid. Non-receipt of an invoice, email or payment reminder does not remove Your obligation to pay fees when due; if You believe You have not been invoiced, You must contact the venue email.
3.22 All fees are inclusive of VAT.
3.23 If You book 1:1 or 2:1 swimming lessons and wish to then transfer to a small group, the change must occur on the next Term of lessons. Lessons cannot be transferred part way through a Term.
3.24 If You book a small group swimming lesson, lessons cannot be moved during the same Term.
3.25 Certificates are given out every 10 weeks (not in holiday periods) on week 10 of the Term. If You require postage this will be charged to You.
3.26 You must be over 18 and/or a legal Parent or Guardian and a “Consumer” to book and attend any Swimming Lessons for Yourself or a dependent.
3.27 A Swimming Lesson and Your place in that Swimming Lesson is subject to availability. No priority is given, and places in a Swimming Lesson are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Swimming Lesson unless You book and pay for the Swimming Lesson for that time and date.
3.28 Each group Swimming Lesson requires 2 or more people to book it for it to take place unless it is available as, and specifically booked as, a small ratio Swimming Lesson for You e.g., 1:1 or 2:1 Swimming Lessons.
3.29 You may book a Swimming Lesson in person, by email, by phone, via WhatsApp, Facebook, Instagram or through our website as, or as part of, any available package of Swimming Lessons.
3.30 We will only provide a Swimming Lesson to You if You have pre-booked and paid for it.
3.31 Contract formation is dealt with in Clauses 1.6, 2.1, 2.5 and 2.6. For clarity, every booking request (including for a 10 week Term) is an offer by You, and whether We accept any booking is for Us to decide in Our discretion.
3.32 We may treat a Swimming Lesson that You have booked as cancelled by You without notice to Us if You arrive 10 minutes or later after the start of the Swimming Lesson or You do not attend any of the Swimming Lesson. In addition, Our front of house team, lifeguards and teachers may refuse a swimmer (or an accompanying adult) entry to the premises, poolside or the water where there is non-compliance with these Terms and Conditions or Our policies (including dress, hygiene and swim nappy requirements), on medical or infection-control grounds (Clauses 6.41 to 6.43), where fees are unpaid (Clause 3.14), or where refusal is otherwise reasonably necessary for safety, safeguarding or the good operation of lessons. No refund or transfer is given for lessons missed due to such refusal.
3.33 We may cancel a Swimming Lesson booked by You at any time before the time and date of that Swimming Lesson in the following circumstances (which are examples and not an exhaustive list):
(a) The required minimum number of people for the Swimming Lesson have not booked for that Swimming Lesson; or
(b) Adverse weather conditions; or
(c) A teacher/lifeguard necessary for the Swimming Lesson is not available; or
(d) An event described in Clause 8 below occurs and continues for more than one month; or
(e) We find that You are not a “Consumer” (as defined in Clause 1 above); or
(f) Pool closure; or
(g) Other adverse conditions and/or circumstances outside of Our control; or
(h) Other Acts of God.
3.34 If We cancel a Swimming Lesson under Clause 3.33 (other than under sub-Clause 3.33(e)), We will, at Our option, offer: (a) a replacement Swimming Lesson; or (b) a credit of the value of the cancelled Swimming Lesson against future fees. Replacement lessons and credits are subject to availability and may not be at Your usual day, time, venue or with Your usual teacher, and must be used within 6 months of the date of the cancelled Swimming Lesson. No cash refund will be given within that 6-month period. If You decline, or fail to use, a replacement Swimming Lesson or credit made available by Us within the 6-month period, the value of the cancelled Swimming Lesson is forfeited and no refund or further credit is due. Only if We are unable to provide a replacement Swimming Lesson or credit within 6 months of the cancelled Swimming Lesson will We refund its pro-rata value. This Clause sets out Our full obligation for lessons cancelled by Us and does not affect Your statutory rights.
3.35 We will use all reasonable endeavours to start the Swimming Lesson You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Swimming Lesson or by other circumstances. If a delay to the start is at least 20 minutes, We will endeavour to notify You before or after You arrive that there will be a delay of at least that time.
3.36 If You do not attend a Swimming Lesson which runs, the lesson will not be rescheduled and/or rebooked, and fees will not be refunded or transferred. This applies to all absences, including holidays, illness (subject to Clause 6) and other commitments, because Your place, teacher and pool space are reserved and paid for whether or not You attend.
3.37 Swimming Lessons and prices and teachers are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes, and any change to prices will only take effect from the start of a new Term and will be notified in accordance with Clause 10. We reserve the right to use Our Swimming Lessons for trainees. There will be no fee adjustments and a fully qualified teacher will always be present.
3.38 We reserve the right to expel You from any Swimming Lesson if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Swimming Lesson or who are in any other Swimming Lesson being held then or to be held subsequently. You will not be entitled to any refund for a Swimming Lesson started but not completed due to such expulsion. We may also remove a swimmer from the pool and/or from lessons where the conduct of their parent/guardian or accompanying adult breaches these Terms and Conditions or Our policies, or compromises safety, safeguarding or the good operation of lessons.
3.39 All correspondence should be via the venue email addresses/admin phone number to administrators, and not directly with teachers/lifeguards, to ensure efficient operations and the most accurate information provided. Distracting a lifeguard or teacher who is on duty may compromise safety and We may require You to stop or to leave the poolside or viewing area.
3.40 We endeavour to meet the following ratios; however, ratios may change when assistant swimming teachers are utilised or there are other extenuating circumstances. We ask that You are understanding. The ratios have been determined by Us. (Please note that industry regulations do allow for 8-12 swimmers to one teacher, subject to swimming ability):
- non-swimmer & beginners – one teacher to 4-5 swimmers
- intermediate – one teacher to 5-6 swimmers
- advanced – one teacher to 6-8 swimmers
- junior lifeguard academy – one teacher to 12 swimmers
3.41 We do not provide individual feedback as standard, as progress is reflected in the badge awards. A written feedback report (similar to a school report) may be requested for a charge of £30 per swimmer per report, by email to the venue email address. Feedback reports are prepared by the swimmer’s teacher, require payment in advance, and will be provided within 28 days of payment. Reports reflect the professional judgement of Our teachers (Clause 3.44) and are non-refundable once prepared.
3.42 We reserve the right to make changes to teachers or operations, where notice may not be able to be given. This includes removing the right to spectate. Operational decisions made by Us are final; this does not affect Your statutory rights or any rights You have under Clause 3.34.
3.43 We (Us and venues) reserve the right to charge for losses incurred by Us or by Our venue where Your child contaminates the pool water resulting in cancellation of Swimming Lessons, in accordance with Clause 9.3. Cleaning charges levied on Us by the venue will also be passed on to You.
3.44 Class placement, stage moves and the awarding of badges and certificates are matters of the professional judgement of Our teachers, assessed against the criteria of the swimming programme We follow. Every child progresses at a different rate and We do not guarantee that any swimmer will progress to a particular stage, or achieve any badge or certificate, within any Term or other period. Fees are charged for the provision of Swimming Lessons, not for the achievement of any particular outcome, and no refund or credit is due because a swimmer has not moved up a stage or received a badge. Requests for a particular teacher, or for a swimmer to remain with a particular teacher, cannot be guaranteed; dissatisfaction with a swimming teacher and/or lifeguard should be raised through the feedback procedure in Clause 14 and is not of itself grounds for a refund.
4. Your Statutory Right to Cancel (Cooling-Off Period)
4.1 If You book and pay at a distance (for example online, by email, phone, WhatsApp or social media) or away from Our premises, You have a statutory right under the Regulations to cancel the contract within 14 calendar days of the day the contract is made, without giving any reason.
4.2 To exercise this right, You must inform Us of Your decision to cancel by a clear statement emailed to the relevant venue inbox before the 14-day period expires.
4.3 By booking Swimming Lessons that begin within the 14-day cancellation period, You expressly request that We begin supplying the services during that period. If You then cancel within the 14-day period, You will receive a refund of what You have paid less an amount proportionate to the Swimming Lessons already provided (and the non-refundable admin charge where lessons have begun at Your request).
4.4 If all Swimming Lessons in the Term have been fully performed within the 14-day period at Your express request, You lose the right to cancel under this Clause.
4.5 After the 14-day period has expired, Clauses 3.6 to 3.8 apply to any cancellation. Nothing in these Terms and Conditions affects Your other statutory rights, including Your rights under the Consumer Rights Act 2015 where services are not provided with reasonable care and skill.
4.6 In accordance with Clause 2.6, the cancellation right in this Clause 4 arises when Your contract with Us is first made, and again if You leave and later rejoin under a new contract (see Clause 3.4). Continuation of Your existing enrolment into a further Term is not a new contract and does not give rise to a new 14-day cancellation period.
4.7 Refunds due under this Clause 4 will be made without charge, using the same means of payment You used, within 14 days of the day You tell Us You wish to cancel.
4.8 Where We agree, at Our discretion, to make a refund or issue a credit in circumstances where You have no statutory or contractual right to one, We may deduct an administration fee of £15 per refund to cover Our processing costs, and will tell You this before processing.
5. Eligibility to take a Swimming Lesson
5.1 We only make any Swimming Lesson available to a “Consumer” (as defined in Clause 1 above), and Your completion of a New Starter Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Swimming Lesson. If at any time We find that You are not a “Consumer”, We may without liability to You cancel Your place/enquiry forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Swimming Lessons and no refund will be given.
6. Fitness, Health and Safety
6.1 You acknowledge that certain Swimming Lessons may be physically strenuous and You agree that You voluntarily participate in such Swimming Lessons with full knowledge that, even if We and the relevant teacher are not negligent, there is a risk of personal injury or illness arising from Your participation in such a Swimming Lesson. This does not exclude or limit Our liability for death or personal injury caused by Our negligence (see Clause 9.7).
6.2 Certain Swimming Lessons may be unsuitable for You if You have other abilities or any medical, health or fitness problem or condition. It is Your responsibility to declare anything that may impact upon participation.
6.3 You must ensure that You are fit and well enough to participate in any Swimming Lesson that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
6.4 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Swimming Lesson. We cannot and do not provide any such advice.
6.5 Swimmers who require eyesight correction in the water should use prescription swimming goggles. Prescription glasses may only be worn in the pool where prescription goggles cannot be used, and only if: (a) the glasses are prescription glasses (not fashion or non-prescription eyewear); and (b) You have provided Us in advance with a signed confirmation from an Optician that the glasses are fit for purpose for swimming. Without that confirmation the swimmer may not wear glasses in the water. If prescription glasses break within the pool or pool environment, You agree to pay any associated costs to remedy.
6.6 You agree that when You enquire and when You book and attend any Swimming Lesson, that will be Your confirmation that You have declared to Us all health or fitness problems which may affect Your (or Your child’s) participation in any Swimming Lesson. You must notify Us of any health conditions e.g. asthma, ADHD, autism, epilepsy, diabetes, heart conditions or allergies (including any medication such as inhalers, EpiPens or insulin which must be poolside or immediately available), and any visual or hearing impairment which may affect communication with the swimmer during lessons or in an emergency.
6.7 When You request a booking for a Swimming Lesson and at least 48 hours before You attend any Swimming Lesson, if You tell Us at that time about any medical, health or fitness issue or additional need, We will discuss it with You, and inform You if We are unable to meet Your need. If We do not accept Your booking, You must act in accordance with any instructions provided by Us.
6.8 If You do not tell Us before a Swimming Lesson of anything referred to in sub-Clauses 6.2, 6.3 or 6.6 that We then discover, We will be entitled not to provide some or all of that Swimming Lesson or any other Swimming Lessons and to treat any such Swimming Lessons (or the affected part of it/them) as cancelled by You without notice, in which case We may make a charge to You for that cancelled Swimming Lesson (or part of it). If that Swimming Lesson is part of a Term (or other block) of Swimming Lessons, We may also cancel the remaining Swimming Lessons in that Term or block, which are non-refundable. Cancellation under this Clause does not remove Your obligation to give valid notice under Clauses 3.7 and 3.8 in respect of any following Term.
6.9 You must not attend any Swimming Lesson, or enter the premises, when under the influence of alcohol or illegal drugs. Alcohol and illegal drugs are prohibited everywhere on Our venues’ sites, which are also strictly no smoking and no vaping sites.
6.10 Fire exits are clearly marked and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, You should make Your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. The assembly point for each of Our premises is clearly outlined in our fire evacuation plan (available to view on the Core Portal). You must keep Your own and Your child’s belongings with You at all times and must not leave them in the changing room. In an evacuation You must not stop or return to collect belongings from the changing rooms or any other area, and You must not re-enter the building until authorised by Us or the venue.
6.11 It is Your responsibility to keep Us up to date with Your contact details and medical information. You can self-update via our Core Portal.
6.12 Any medical changes must be approved by Core Aquatics prior to the swimmer(s) next lesson. A notice period of 72 hours is required for review. Missed lessons due to medical circumstances are non-refundable and non-transferable.
6.13 Core Aquatics reserves the right, where We reasonably consider it necessary for the swimmer’s or others’ safety, to request medical letter(s)/fit to swim notes from a medical practitioner (GP/Consultant) – for example following a temporary injury, surgery, a change in medical diagnosis, a seizure or blackout, or a contagious condition (Clause 6.33). Where such a note has been requested, the swimmer will not attend Swimming Lessons until the note has been received and reviewed by Us, and any Swimming Lessons falling due while the note is awaited are non-refundable and non-transferable. Failure to provide the requested note will result in lesson(s) forfeiture. Obtaining the note, and any cost of it, is Your responsibility.
6.14 We will inform You at once if Your child(ren) becomes ill and will supervise their well-being until You are able to collect them as part of our duty of care. Children under 8 years old must not be left unsupervised without an adult (18 years+ or person with parental responsibility).
6.15 We will ensure good safeguarding guidelines are followed. Safeguarding is a shared responsibility: parents/guardians must comply with Our Safeguarding policy while on site and must report any safeguarding concern to Us immediately (see also Clause 7.15).
6.16 We will ensure all activities are properly supervised/taught.
6.17 In the event of a fire alarm or emergency, You must evacuate the building. If Your children are in the pool, We are responsible for them. We will register all swimmers and reunite them with parents outside, if evacuation is required. If You are in the changing rooms with Your children, You are responsible for taking them outside with You.
6.18 Attendance will be monitored by Our front of house team and the swimming teacher. Such monitoring is for emergency evacuation and attendance reasons and is therefore for Your own safety and safeguarding. Please make Yourself known to the front of house upon every arrival and departure. If there is no one on front of house to sign You in or out, please wait until a team member becomes available to make Yourself known.
6.19 Jewellery is not permitted to be worn during swimming lessons. Following any new piercing, swimmers must not swim until the piercing has fully healed and in any event for a minimum of six weeks (longer for cartilage and other slow-healing piercings, in line with NHS guidance). Lessons falling within this period are non-refundable and non-transferable, and piercing jewellery must not be worn during lessons in any event. Religious items, such as a necklace, are permitted but are at the risk and liability of You.
6.20 All swimmers must wear a swimming hat during lessons – this is for pool hygiene, school policy and swimmer/teacher safety. The requirement applies to swimmers in the water: Our teachers and lifeguards are not required to wear swimming hats because their role is to teach and supervise rather than to swim, they do not routinely submerge, and they must remain easily identifiable to swimmers and colleagues at all times.
6.21 Anyone who refuses to leave an area when asked will be requested to leave immediately without fees being reimbursed.
6.22 Parents/guardians are responsible for their child/ren at all times outside of the lesson.
6.23 Whilst Your children are in lessons with Us, parents and guardians are not permitted to leave the site, under any circumstances.
6.24 If Your child is over 8 and You are not spectating, please inform Us in advance and ensure Your contact details are provided in case of emergency to front of house. You are still required to stay on site and in the viewing area or front of house area. Please note, You must adhere to the site Spectating Policy which is on the Core Portal.
6.25 Parents/guardians must meet their child(ren) in the designated pick up and drop off area promptly upon the lesson ending. This area is highlighted in the venue directions and parking information via the Core Portal.
6.26 In line with venue policy, please remove or cover all outdoor shoes before entering the changing areas. Outdoor shoes are not permitted in the changing area or on poolside for hygiene purposes.
6.27 Eating is prohibited for at least one hour before swimming. Swimming on a full stomach increases the risk of vomiting in the pool; under Pool Water Treatment Advisory Group (PWTAG) guidance, vomit or faecal contamination can require the pool to be closed, treated and re-tested, cancelling lessons for everyone. Clauses 3.43 and 9.3 apply where contamination results.
6.28 In line with Our sites’ policies, no food or drink is allowed in the changing area or viewing areas – this includes chewing gum and sweets.
6.29 It is Your responsibility to inform Us, in writing, if You have specific wishes or needs around child collection/drop off, such as a designated adult(s).
6.30 Please report to Core Aquatics in writing any accidents or near misses to venue inbox.
6.31 Only one parent/guardian per family may spectate at all venues. We reserve the right to change spectating rules at any time. Our spectating policy supports Our sensory friendly environment and enables all parties to hear safety instructions from Us. See spectating policy for further information. Please note that Our venues are schools whose sites are monitored by CCTV operated by the venue. Non-compliance with Our/venue spectating policy or the venue’s site rules is a breach of the venue’s policies which can put Our hire of the facilities in jeopardy, and Clause 7.16 applies.
6.32 Sickness and Diarrhoea or just Diarrhoea: swimmers must not attend lessons until a minimum of 48 hours after their symptoms stop, to prevent pool contamination.
6.33 If a swimmer has any form of contagious condition, swimmers must cease swimming until their GP confirms return to swimming. Medical evidence can be requested. Where conditions scab such as chicken pox, swimmers must not attend until their rash(es)/last scab has healed over and cleared.
6.34 Due to the nature of the business, one or multiple team members may manually support or provide physical contact to You or Your child in the event of medical attention/emergency, to correct swimming technique or to assist in other capacity such as walking to and from the swimming pool where required. If You do not consent to any form of physical contact/manual support, it is Your responsibility to inform Us via the email of the venue at which You or Your child swim. If You or Your child requires particular manual support this must be communicated prior to the commencement of lessons for review to the venue email. All manual support is provided in accordance with Our team’s qualification training. Our team members cannot provide treatment beyond the remit of their qualification training, although they may act under the instruction of the emergency services (for example a 999 call handler or attending paramedic) or of a medical professional present at the time. If You do not consent to manual support/physical contact, You must inform Us in writing via the venue email at least 48 hours before the swimmer’s first lesson (or before the next lesson following any change of position). In addition, certain classes – in particular the Junior Lifeguard Academy – involve swimmers practising rescue and survival skills on and with each other under the direction and supervision of Our teachers, including towing one another, supported holds and carries, and assisting or lifting each other out of the water. By enrolling a swimmer in such a class, You consent to this swimmer-to-swimmer contact as a necessary part of the syllabus, which is taught and supervised in accordance with the awarding organisation’s syllabus and Our safeguarding policy. If You do not consent, You must tell Us in writing via the venue email before lessons commence; without this contact it may not be possible for the swimmer to participate in, or be assessed for, parts of the syllabus.
6.35 Children who are not fully toilet trained must wear a close-fitting disposable swim nappy AND a neoprene over-nappy (a “double nappy” system) for every Swimming Lesson. Standard nappies and swimwear alone are not permitted. Swimmers not wearing the required system will be refused entry to the water and the lesson will be non-refundable and non-transferable. This requirement exists to prevent pool contamination. Where contamination results from non-compliance, Clauses 3.43 and 9.3 apply and any losses or charges We incur (including charges from Our venue) will be passed on to You.
6.36 In a medical emergency, You consent to Our team administering first aid to You or Your child and, where Our team reasonably considers it necessary, calling the emergency services and permitting emergency treatment. You also consent to Us sharing relevant medical information with the emergency services and healthcare providers where necessary for the swimmer’s treatment. Medical information You disclose to Us is kept confidential and used only in accordance with Clause 11. For a child swimmer, We will immediately alert the parent/guardian on site (Clause 6.23 requires You to remain on site throughout lessons). For an adult swimmer, We will contact Your emergency contact held on file as soon as reasonably possible. It is Your responsibility to ensure that Your emergency contact details are up to date on the Core Portal. This Clause deals with emergencies; routine teaching contact and manual support are dealt with in Clause 6.34.
6.37 Teachers and lifeguards may remove a swimmer from the water at any time where they reasonably consider it necessary for the safety or welfare of that swimmer or others, including for persistent failure to follow safety instructions. No refund or transfer is given for time out of the water for these reasons. Where behaviour presents a repeated safety risk, We may require a parent/guardian meeting before the swimmer returns to lessons. This Clause applies equally to parents/guardians and accompanying adults: We may require any adult whose behaviour compromises safety, welfare or the operation of lessons to leave the viewing area or the site (see also Clauses 3.38 and 7.16).
6.38 Nose clips are not permitted in Swimming Lessons. Aquatic breathing (controlled exhalation with the nose and mouth submerged) is a core assessed skill of the swimming programme We teach, and reliance on a nose clip prevents this skill from being learned and assessed; a clip can also dislodge during swimming and cause distress, and does not reflect real-world water safety conditions. As an exception, a nose clip may be worn where You have requested this in advance in writing to the venue email for a medical reason or additional need and We have agreed in writing. Where use is agreed: (a) the nose clip must be provided by You at Your cost, be clearly named, and be kept clean and in good condition, and You are responsible for ensuring it fits correctly before each lesson (We do not provide, fit or adjust nose clips); (b) a nose clip is not a buoyancy or safety aid; and (c) You acknowledge that progression through stages which assess aquatic breathing skills may be delayed while a clip is used.
6.39 Where information You declare – or information You failed to declare which later comes to light – means that, in Our reasonable judgement, the swimmer’s current class, ratio, time or slot is no longer safe or suitable, We may move the swimmer to a suitable alternative and will offer a reasonable alternative where one exists. An alternative may not be at the swimmer’s current day, time, class or teacher. If You decline a reasonable alternative offered by Us, the remaining lessons in the Term are non-refundable and the Term’s fees remain payable in full; where the alternative involves a different ratio, the fee applicable to that ratio applies from the date of the change. Where no reasonable alternative is available, Clause 3.34 applies as if We had cancelled the affected lessons – unless the change results from Your failure to declare information (Clauses 2.7, 6.6 and 6.8), in which case the affected lessons are non-refundable and any additional costs incurred by Us are Your liability.
6.40 We are not medical professionals and cannot advise whether You or Your child is fit or safe to swim with any illness, infection or skin condition; that advice must come from a GP, pharmacist or other qualified medical professional. Our rules on swimming when unwell are based on guidance published by Our awarding organisation (the STA) and the NHS, as updated from time to time, and are directed at preventing the spread of infection and pool contamination, not at diagnosing or treating any condition.
6.41 Swimmers must not attend Swimming Lessons with any condition that is contagious or infectious, or during any period in which current STA or NHS guidance advises against swimming. Examples include (without limitation): chickenpox (until every spot has scabbed over and healed); measles; scarlet fever; shingles; impetigo; conjunctivitis; hand, foot and mouth disease; and sickness and/or diarrhoea (Clause 6.32 – minimum 48 hours symptom-free). Conditions such as verrucas, warts, athlete’s foot or ringworm do not prevent swimming, but the affected area must be covered with a waterproof plaster or verruca sock where practicable, footwear must be worn around poolside and changing areas, and towels must not be shared. If You are unsure whether Your child should swim, do not attend and seek medical advice; missed lessons are treated in accordance with Clauses 6.12 and 3.36.
6.42 Swimmers must not enter the pool with any open sore, weeping wound, broken skin that cannot be effectively covered, or skin infection. Minor cuts and healing skin must be covered with a watertight dressing before entering the water, and used dressings must be taken home and not disposed of on site.
6.43 If a swimmer appears unwell before or during a Swimming Lesson (including vomiting, diarrhoea, a suspected contagious condition, or any of the matters in Clauses 6.41 and 6.42), We may refuse entry to the water or remove the swimmer from the water and send them home in the care of their parent/guardian, without refund or transfer of the lesson. The judgement of Our team poolside is final on the day. If the swimmer causes pool contamination, Clauses 3.43 and 9.3 also apply.
6.44 All swimmers must shower before entering the pool. Creams, lotions, oils and emollients must not be applied immediately before swimming: under pool water treatment (PWTAG) principles they pollute the pool water and add to the load on the water treatment system, and they can also make skin dangerously slippery when wet. Where an emollient is medically necessary (for example for eczema), You must tell Us in advance via the venue email so that a suitable approach can be agreed, and extra care must be taken on poolside and when the swimmer is supported in the water. Swimmers who prefer to cover skin conditions may wear suitable adaptive swimwear (such as a rash vest), subject to the venue’s swimwear rules.
6.45 Only swimmers who are registered with Us and whose fees have been paid for the relevant class may enter the water. Siblings, friends and other children must not enter the water or the poolside at any time.
7. Rules
7.1 We do not permit You to:
(a) smoke/vape or similar anywhere on Our premises or the premises of which Our premises are a part;
(b) bring any animals into Our premises or the premises of which Our premises are a part, with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;
(c) bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water, either in a plastic bottle, metal bottle (no hot drinks) or paper cup, is permitted in Our premises. Failure to comply with this term could see You being liable for the cost of any remedial action being taken to rectify any damage, mess or contamination caused.
7.2 If a Swimming Lesson requires a specific type of clothing, footwear or other items, details of the Swimming Lesson will specify those requirements and You must provide them for Yourself. Clothing and footwear not worn for the Swimming Lesson should be stored in the location that We tell You about on arrival in the changing areas or other stipulated area. Jewellery requirements are set out in Clause 6.19. If You do not comply with any of these dress requirements, We may not allow You to participate in the Swimming Lesson.
7.3 It is Your responsibility to deliver and collect Your child punctually to and from swimming lessons and to inform Us if there is an unavoidable problem.
7.4 Changes to a child(ren)’s lessons are for the benefit of them based on their swimming ability, not for the convenience of the teaching team.
7.5 Photography and videography are strictly prohibited under Our safeguarding policy. We have the right to terminate the lessons, without refund, of anyone who breaches such policy.
7.6 Children over 8 years old must use the changing room applicable to their sex, and children under the age of 8 must use the changing room applicable to the accompanying parent/guardian’s sex. These age rules are set by national safeguarding guidance and the policies of the venues at which We operate, not at Our discretion, and We cannot waive them. A parent/guardian may not enter a changing room applicable to the opposite sex to assist a child over 8; it is Your responsibility to ensure that Your child over 8 is able to change independently or that You make arrangements consistent with this Clause. If Your child has a disability or additional need which means they require assistance with changing, You must contact Us in advance via the venue email so that reasonable adjustments can be discussed and agreed (for example, use of accessible or family changing facilities where the venue provides them).
7.7 We provide all the equipment needed to deliver lessons other than personal swimwear. Fins and snorkels are required for the Junior Lifeguard Academy and must be provided by You. Any items available for purchase from front of house must be paid for in advance, via BACS, before being issued.
7.8 Do not disrupt the lifeguards (aside from those supervising front of house) or teachers before, during or after swimming lessons, unless it is an important health and safety matter.
7.9 Parents are not permitted through the showers or onto poolside at any time or to actively participate in lessons (unless previously agreed). Please do not be offended if You are asked to leave the area. Clear access is always required in case of emergency.
7.10 Whenever possible and subject to pool premises’ Terms and Conditions, parents/guardians may observe lessons from the designated viewing area (different at each site). As this area is not glassed off, We politely request that You do not interfere with the teaching or distract the swimmers/teachers/lifeguards from their sessions. This includes keeping other children and conversation quiet and not attempting to demonstrate swimming strokes. See Clause 6.31.
7.11 You must respect all team members, property and other facility users, and any damage or losses will be charged to the parent/guardian/swimmer.
7.12 Abuse, physical/verbal aggression, intimidation and verbal/written threats will not be tolerated under any circumstances and will result in the cancellation of Your lessons and removal from the building without reimbursement.
7.13 Publishing or posting abusive, threatening or defamatory content about Us or any of Our team (including on social media or review platforms) will be treated in the same way as conduct under Clause 7.12 and may result in the cancellation of Your lessons without reimbursement. This does not prevent You from leaving honest reviews or raising genuine complaints through the process in Clause 14. Where such content is published after Your enrolment has ended, We reserve the right to refuse any future booking or enrolment from You or Your household, and all Our legal rights and remedies (including in defamation) are reserved.
7.14 We respectfully request that You trust our professional judgement and consider Our advice and work with Us to continually progress Your child(ren):
(a) Support and encourage Your child(ren)’s learning with us;
(b) Ensure appropriate swimming attire is worn for lessons, including swimming hats. Ask us if You are unsure;
(c) Encourage Your child/ren to obey the rules and teach them that they can only do their best;
(d) Behave responsibly as a parent/guardian and treat teachers, management, other parents and members with due respect, in accordance with the Governing Body(ies)’ commitment to equality and diversity;
(e) Not use inappropriate language within the Core Aquatics environment;
(f) Show appreciation and support Your child/ren and all the team members, reporting any concerns in a polite manner to Core Aquatics admin via venue specific email addresses;
(g) If You wish to have a discussion with Your child(ren)’s swimming teacher, please check with Core Aquatics admin about how this can be arranged.
7.15 Our published policies – including Our Health and Safety policy, Safeguarding policy, Spectating policy (including the one parent/guardian per family rule) and fire evacuation plans – form part of these Terms and Conditions, and current versions are available on the Core Portal and/or from the venue email. In addition, We hire Our facilities under hire agreements with Our venues. Those agreements are confidential documents, but the requirements arising from them which apply to parents, guardians, spectators and swimmers form part of these Terms and Conditions and will be published or notified to You – for example via the Core Portal, by email, by signage on site, or by instruction from Our team or the venue’s staff – and You must comply with them at all times while on site. Where a venue’s requirements are stricter than these Terms and Conditions, the venue’s requirements prevail while You are at that venue.
7.16 We operate from hired facilities, and breaches of venue rules or conditions of hire by parents, guardians, spectators or swimmers can put Our hire of the pool – and therefore everyone’s lessons – at risk. If You (or anyone attending with You) fail to follow these Terms and Conditions or the policies in Clause 7.15, We may: (a) ask You to comply; (b) require You (or the person concerned) to leave the premises; (c) suspend or terminate Your lessons without refund in the case of serious or repeated breaches; and (d) recover from You any charges levied on Us by the venue, and any other losses We reasonably incur, as a direct result of the breach. We will act proportionately and, other than in serious cases, will warn You before suspending or terminating lessons.
7.17 We do not keep or store lost property. Items left on site are left at Your own risk. Any items found may be handed to the venue, and it is Your responsibility to contact the venue (school) directly to enquire about retrieval. We are not responsible for storing, returning or posting lost items.
7.18 Any car parking at or near Our premises is used at Your own risk and subject to the venue’s parking rules. We are not responsible for Your vehicle or its contents, and any parking charges or penalties incurred are Your responsibility. Lesson fees are charged for the delivery of Swimming Lessons only: they do not include, and do not guarantee the availability of, ancillary facilities such as car parking, showers, changing or viewing areas, and no refund or reduction is due where any ancillary facility is unavailable or restricted.
7.19 In addition to Clause 7.15, the following site rules apply at all Our venues: (a) enter and leave the site only via the designated entrance, observe the site speed limit (5 mph where signed) and all parking instructions, and do not park on or drive over grass, sports areas or borders; (b) remain only in the areas designated for Our customers (entrance, changing, viewing and pick-up/drop-off areas) and keep children off all other parts of the site, including fields, sports facilities and equipment not hired by Us; (c) arrive and leave on time and vacate the site promptly at the end of lessons; (d) do not remove, stand on or interfere with the venue’s furniture or equipment, and do not affix any notice, poster or decoration anywhere on site; (e) no smoking or vaping anywhere on site, and no alcohol or illegal drugs (Clause 6.9); (f) no animals except assistance dogs (Clause 7.1(b)); (g) footwear likely to damage floors (such as stiletto heels or studded footwear) must not be worn indoors; and (h) comply with all instructions of the venue’s staff and Our team and with all displayed site rules. You must pay the cost of making good any damage to the venue’s premises or property caused by You or Your children, and Clause 7.16 applies to any breach of this Clause.
8. Events Beyond Our Reasonable Control
8.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
8.2 If any event described under sub-Clause 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible; Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Swimming Lessons as necessary.
8.3 If an event described under sub-Clause 8.1 continues for more than 30 days, either You or We may end the contract by written notice, in which case We will refund the pro-rata value of any Swimming Lessons paid for but not provided.
8.4 Whilst we shall aim for continuity of team members for lessons where possible, please note that we may have to change the team member to accommodate our team and business requirements such as holiday, sickness or emergency circumstances. We are not obligated to notify You of such change.
9. Limitation of Liability
9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 It is Your responsibility to seek medical approval before undertaking Our services and by enrolling with Us You accept the inherent risks of swimming and physical activity. This does not exclude or limit Our liability under sub-Clauses 9.7 and 9.8.
9.3 We cannot accept responsibility for public health issues due to pool contamination (vomit/faecal). To mitigate such circumstances please ensure that Your child goes to the toilet before entering the water and does not eat one hour prior to swimming lessons. If Your child feels unwell prior to a lesson, then please refrain from attending as this could result in a pool contamination incident. Pool contamination and the need for subsequent closure caused by Your swimmer may result in You being charged for reasonable incurred associated costs. Such costs may include the loss of income to Us due to the cancellation of subsequent sessions on that day or any required period of closure deemed necessary by the hirer, loss of Core Aquatics’ team income directly affected by the closure, and re-charging from hirers for pool cleansing. We will provide You with an itemised breakdown of any such costs.
9.4 We provide or sell all Swimming Lessons to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.5 Each of Our team members is appropriately qualified to conduct the particular Swimming Lesson which they conduct, but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.
9.6 If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or Our team. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.
9.7 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.8 Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under: (a) the Consumer Rights Act 2015; (b) the Regulations; (c) the Consumer Protection Act 1987; or (d) any other consumer protection legislation, as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice or Trading Standards Office.
9.9 Subject always to sub-Clauses 9.7 and 9.8, Our total liability to You arising under or in connection with the contract shall not exceed the total fees paid by You to Us in the 12 months preceding the event giving rise to the claim.
10. Changes to These Terms and Conditions
10.1 We may make minor changes to these Terms and Conditions from time to time (for example to reflect changes in law, correct errors, or make administrative or operational updates that do not disadvantage You) and will inform You of any such change as soon as is reasonably possible.
10.2 If We make a material change to these Terms and Conditions or to Our prices, We will give You at least 30 days’ written notice before the change takes effect. If You do not accept a material change, You may end Your enrolment at the end of the Term for which You have paid by written notice to the venue email, and the week 6 notice deadline in Clause 3.7 will be treated as satisfied. Changes will not affect Swimming Lessons already paid for.
11. How We Use Your Personal Information (Data Protection)
11.1 We will only use Your personal information in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018, and as set out in Our Privacy Notice available from our website.
12. Regulations
12.1 We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
13. Information
13.1 As required by the Regulations: (a) all of the information described in Clause 12; and (b) any other information which We give to You about any Swimming Lessons or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Swimming Lessons; will be part of the terms of Our contract with You as a Consumer.
14. Feedback
14.1 We always welcome constructive feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one. Feedback should be sent via our venue specific email addresses.
15. Notices
15.1 Any notice required to be given in writing under these Terms and Conditions must be given by email: from You, to the relevant venue email address; and from Us, to the email address You have registered on the Core Portal. It is Your responsibility to keep Your registered email address up to date.
15.2 A notice sent by email is deemed received on the next working day after it is sent, provided (in the case of notice from You) that You have received Our acknowledgement in accordance with Clause 3.8.
16. Other Important Terms
16.1 No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
16.2 You may not transfer Your rights or obligations under the contract (including any Swimming Lessons, credits or places) to anyone else without Our written consent. We may transfer Our rights and obligations to a successor of Our business, provided this does not adversely affect Your rights.
16.3 The contract is between You and Us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
16.4 Promotional offers, discounts and vouchers have no cash value, cannot be exchanged or combined unless We state otherwise, and may be withdrawn by Us at any time in respect of future bookings. Credits issued by Us are valid for 6 months from the date of issue unless We state otherwise in writing, have no cash value and are non-transferable.
17. Severance
17.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
18. Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
18.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
Other Terms and Conditions
Awards:
(A) The ‘Core Aquatics Award of Achievement’ is recognition of interim progress between formal accredited STA swimming stages or in celebration of achieving a particular milestone a swimmer has found challenging. These are provided to swimmers who have also made exceptional milestone achievement or those who have not yet met an STA badge criteria.
(B) All certificates and badges are part of the STA International Learn to Swim Programme, which all our swimmers automatically follow; some include a certificate and badge and some are certificate or badge only.
(C) Certificates and badges are a set and cannot be individually replaced. However, whole sets can be replaced at full cost.
(D) Awards are not distributed until Core Aquatics has received payment in full. You must supply written confirmation of the name to be displayed on awards. If You do not supply the name in writing, We will write the name as held in Our records; in that case, any spelling errors or the use of a name other than the swimmer’s preferred name are Your responsibility, and certificates and badges will not be replaced except as a whole set at full cost in accordance with paragraph C.
Level Water Swimmer Terms and Conditions
(a) Swimming Lesson Terms and Conditions above apply.
(b) If Level Water fails to make payment for Swimming Lessons, You are responsible for remuneration.
(c) You are responsible for keeping Core Aquatics up to date with medical/ability information.
(d) Core Aquatics is responsible for informing Level Water when swimmers in 1:2:1 Swimming Lessons can be moved to group lessons. This is where Level Water funding ceases (unless other conditions i.e. age bracket apply – see Level Water) and normal Core Aquatics fees apply in full to You.
(e) Attendance at Swimming Lessons and the swimmer’s progress stage are reported by Core Aquatics to Level Water as a condition of a funded place.
(f) Because Level Water places are charitably funded, Level Water reserves the right to charge You for missed lessons. Any such charge is a matter between You and Level Water under Level Water’s terms.
(g) Level Water’s own terms and conditions also apply to funded places. It is Your responsibility to obtain, read and comply with Level Water’s terms and conditions, which are available directly from Level Water.
© Core Aquatics Ltd. All rights reserved. These Terms and Conditions are proprietary to Core Aquatics Ltd and may not be reproduced, copied or republished without prior written permission.