TOTAL FITNESS SWIM ACADEMY TERMS AND CONDITIONS
1 About us
1.1 Total Fitness Health Clubs Limited is a company registered in England and Wales under company number 07334974. Our registered office at Wilmslow Way, Handforth, Wilmslow, England SK9 3PE. Our VAT number is 997 3275 60. References in these Terms to “we”, “us” and “our”, are to Total Fitness Health Clubs Limited.
1.2 We operate a network of health and fitness clubs across England and Wales (our Clubs). Our Swim Academy Baby swimming lessons (the Lessons) are provided at our Clubs. You are welcome to sign up for Lessons whether or not you are a member of one of our Clubs.
2 These Terms
2.1 If you would like to sign up for Lessons, these terms and conditions (these Terms) shall apply. You agree to be bound by these Terms by signing up for, booking and/or attending any Lessons. Please read these Terms carefully and let us know if you have any questions.
2.2 These Terms may be updated by us from time to time. If you have an active Lesson booking with us, we will inform you of any material or significant changes to these Terms by email and provide as much notice as we reasonably can.
2.3 If there is a conflict between these Terms and any other document we refer to (such as our Club Rules), these Terms shall apply in preference to the other document.
2.4 Nothing in these Terms is intended to limit or restrict your statutory consumer rights.
2.5 If a court or other authority decides that any provision in these Terms is unlawful, invalid or unenforceable, that provision will be deemed modified to make these Terms legal, valid and enforceable or if that is not possible, the relevant provision it shall be deemed deleted. Any modification or deletion shall not affect the validity or enforceability of the rest of these Terms.
3 Contacting us
3.1 You can contact us by writing to us by email at swimacademy@totalfitness.co.uk. You can also speak to our staff at one of our Clubs.
3.2 If we are required to notify you in writing under these Terms, we will notify you by email. From time to time, we may also send communications by post. All notices sent to you by email will be deemed to have been received by you on the next day, irrespective of whether you have opened or read the email.
3.3 We may also display general notices which relate to conduct at the Club and other information concerning the Lessons (such as scheduling, instructors and water safety sessions) in a prominent position within our clubs (such as on reception and in the changing rooms). These general notices may not be sent by email.
3.4 Please ensure that your contact details are kept up-to-date on our website and let us know if there are any changes.
3.5 In future, we may use our App to assist with administration of the Lessons. If we do this, we may send you communications relating to your Lessons via the App and you may have to download it in order to manage your Lessons. We will inform you if we update our App in this way at the relevant time. These Terms will continue to apply if you use the App and references to website or email in these Terms will include references to our App.
4 Swim Academy Baby Lessons
4.1 We expect that you will be the primary carer attending the Lessons with your baby or child, but from time to time you can select another named individual to attend, such as another parent or carer or a grandparent (a Swim Buddy).
4.2 Unless you (or the Swim Buddy attending the Lesson) and your baby or child are members of the Club where the Lessons are held (Members), you will be required to leave the pool once your Lesson has finished. You may use the changing room and café facilities before and after your Lesson, but otherwise you will not be entitled to use the Club facilities.
4.3 We reserve the right to ask you (or the Swim Buddy) to leave the pool with the participating baby or child at any time if we (in our sole, but reasonable opinion) have concerns over the safety of you, the Swim Buddy or your baby or child or other staff, members or guests. You (and any Swim Buddy) and the participating baby or child must immediately comply with the instructions of our staff.
4.4 When attending our Lessons, you must and you must ensure that your Swim Buddies and children:
(a) always adhere to our Club Rules which can be found here www.totalfitness.co.uk/club-rules. Please familiarise yourself with our Club Rules and check them regularly as they are updated from time to time. Please pay particular attention to the section on “Pool Rules for Juniors” and “Swim Academy Baby”;
(b) comply with any advice provided by our staff and any notices on display;
(c) be respectful to our staff and facilities. Physical and verbal abuse will not be tolerated and you will be held responsible for any damage caused intentionally or negligently;
(d) behave in a reasonable and courteous manner so as not to be offensive or cause disturbance to the enjoyment of our facilities by other members or guests.
4.5 If you or your baby or child have a disability, sensory impairment or otherwise have special access or Lesson provision requirements, please contact us via email or by informing your instructor and we will discuss with you how we can best accommodate you. Please inform us if there are any change in circumstances which affects the ability of your baby or child to fully participate in the Lessons.
4.6 Only the named baby or child may attend your Lessons. You are not entitled to bring a different baby or child to a Lesson or to swap Lessons with another baby or child (although you may be offered a courtesy swap in certain circumstances – please see section 9.1 below).
4.7 You are able to nominate up to three other adults (in addition to yourself) who are permitted to bring your baby or child to their Lesson as a Swim Buddy. If you want another adult to accompany your baby or child to a Lesson, you must inform us at least 24 hours in advance. Only one person is permitted to accompany your baby or child to a Lesson. This does not affect the rights of Members to use the facilities in accordance with the terms of their membership.
4.8 On your first visit you must bring (and each time a Swim Buddy attends a Lesson they must bring), photographic ID which may be checked prior to entrance to the Club. We recommend that you do this well in advance of your Lesson time so that you are not late for your Lesson.
5 How to sign up for Lessons
5.1 Our Lessons are offered to children up to and including the age of 3 years. There is no requirement for you or your baby or child or other Swim Buddy to be a member of one of our Clubs in order to attend our Lessons.
5.2 Lesson availability is on our website at www.swimacademy.totalfitness.co.uk. From time to time, we change our Lesson timetable. We will use reasonable efforts to inform you if any changes to the timetable affect your Lessons and to provide you with as much notice as reasonably possible if we need to change the day or time of your class.
5.3 Once you have selected which Lessons you would like your baby or child to attend, you can sign up through our website by entering your details and setting up a payment method. You must be a legal guardian for the baby or child who will be attending the Lessons. You can contact us by email to manage your Lesson subscription (using our contact details in section 3 above).
6 How your Subscription works
6.1 By signing up for Lessons, you will enter into a contract with us and start your Subscription. This contract shall be between you and Total Fitness Health Clubs Limited. No one else shall have any rights to enforce the contract (including your partner, your child or any other Swim Buddies (this is not an exhaustive list)).
6.2 The Start Date of your Subscription will be the date on which you make your first booking for Lessons via the website.
6.3 After you have signed up, we will send you a registration email and order confirmation, together with copies of our Club Rules and these Terms. Please read these documents carefully and let us know if you have any questions. Our Club Rules and these Terms are also available on our website and during the sign up process.
6.4 Subscriptions to our Lessons are offered on a monthly rolling basis. It is not possible to book individual Lessons on a pay-as-you-go basis. This means that you need to sign up for at least one month at a time. You can cancel at any time on 1 calendar months notice (see section 9 below on how to do this). You also have a legal right to cancel if you change your mind during the cooling off period (please see section 10.2 below) and you may be able to cancel on less than 1 calendar months notice if your baby or child develops a health condition which prevents them from swimming (see section 9 below).
6.5 From the Start Date, your baby or child will be enrolled automatically in all future Lessons scheduled to take place on the same days and times each week. You may make changes to your Subscription via our website.
6.6 You can sign up for Lessons for more than one baby or child at a time. You will have a separate contract with us for each baby or child you sign up and each Subscription shall be separate. Payment will be taken separately for each Subscription and if you wish to cancel any Subscription, you will need to do so separately in accordance with these Terms.
7 Payment
7.1 The prices for our Lessons are available on our website at www.swimacademy.totalfitness.co.uk
7.2 We will inform you in writing if we change our prices at any time. We will give you at least one calendar month’s notice so that you can cancel if you do not want to continue with Lessons at the new price.
7.3 We will charge you a monthly subscription fee based on the number of Lessons in a calendar year (usually 50, excluding the Christmas period) divided by 12 (the Monthly Fee). The first Monthly Fee will be charged on the Start Date or within 5 working days of your first lesson, you may need to make this payment in advance when you first sign up for a Subscription to the lessons. Payment of the Monthly Fee will be taken by recurring card payment in advance on or around the same day of each month. being the same day of the month as the first Monthly Fee was paid (the Payment Date). If the Payment Date falls on a date where there is no day of the same date in any month (for example, 31st), the Monthly Fee will be taken on the preceding date (for example payment is 31st August, Septembers payment will be 30th). The Monthly Fee will be the same irrespective of how many Lessons there are in that month. Your statement will show a payment to Total Fitness Health Clubs Limited.
7.4 You must pay the Monthly Fee each month regardless of whether you or your baby or child plan to attend the Lessons during that Month, unless and until your Subscription is cancelled in accordance with these Terms.
7.5 Any refunds will be processed using the same payment method that you used for the Monthly Fee.
7.6 If your payment fails, we shall automatically attempt to take payment from the same payment method or a previously used payment method until payment is successfully received. We may only inform you once that your payment has failed. You must ensure you rectify any failed payments as soon as possible (within five days at the latest).
8 Members
8.1 If you are a Member of the Club where you wish to book Lessons, you may be entitled to certain benefits (Member Benefits). You can access details of Member Benefits here www.totalfitness.co.uk/club-rules. Member Benefits may be updated from time to time without notice to you.
8.2 Termination of your Club membership by you will not automatically result in termination of your Lesson Subscription. If you also wish to cancel your Lesson Subscription, you need to give us notice in accordance with section 10 below. If we terminate your Club membership, section 11 will apply.
9 Cancelled or missed lessons
9.1 We do not offer refunds for any Lessons which you miss or are unable to attend.
9.2 However, if you provide us with at least 24 hours’ notice by email that you are unable to attend a Lesson, you will be granted a “courtesy swap” to another Lesson. The courtesy swap:
(a) is subject to there being availability on another class at the same level as your baby or child was originally scheduled to attend;
(b) can only be used to swap to another class at the same Club as the one you usually attend;
(c) must be used within 6 days (either side) of your Lesson;
(d) will only be offered once per calendar quarter;
(e) does not permit you to transfer your Lesson to another baby or child.
9.3 From time-to-time we may have to postpone or cancel single or multiple Lessons, such as where there are not enough instructors to safely conduct a Lesson, where we have to conduct maintenance work on the Club facilities or for other reasons outside of our control. We will contact you as soon as possible to let you know and you will be entitled to a courtesy swap. If a courtesy swap is not available, you will be entitled to a pro-rata refund of the Monthly Fee to your original payment method (or, if you have cancelled your Subscription, we will refund you within 30 days). We regret any inconvenience this may cause. We shall not be responsible for any other costs you may incur due to a Lesson cancelled or postponed by us.
10 How to cancel your Subscription
10.1 We will continue to collect the Monthly Fee each month, unless and until you inform us that you would like to cancel your Subscription.
10.2 You have a legal right to cancel your contract with us and receive a full refund within 14 days of the Start Date (the Cooling Off Period). Before issuing your refund, we will deduct the cost of any Lessons you were booked onto prior to the date of cancellation which went ahead (even if your baby or child did not attend). To cancel, you must contact us by email or phone or in the Club during the Cooling Off Period. We will issue your refund within 14 days of you informing us you wish to cancel your Subscription. Your right to cancel under this section 10.2 will end on the expiry of the Cooling Off Period.
10.3 You may cancel your Lesson Subscription at any time by giving us at least 1 calendar months notice or email (using our contact details in these Terms). Cancellation will take effect from the next Payment Date which is at least 1 calendar month later. You may have to pay another Monthly Fee during the notice period. For example, if your Payment Date is the 1st of each month and you give notice to cancel on 1st January, this would take effect from 1st February, but if you give notice to cancel on 20th January, this would not take effect until 1st March. This does not affect your statutory rights to cancel set out in section 10.2 above or your right to cancel for a health condition as set out in section 10.5 below.
10.4 If you decide to cancel (save where you have cancelled under section 10.5 below) your baby or child may continue to attend the Lessons scheduled during the notice period which you have paid for.
10.5 If your baby or child is no longer able to participate in the Lessons due to a new health condition (not known about as at the Start Date) that will not resolve within one month and this is confirmed in writing by a GP or other qualified medical professional (a GP letter), you may cancel your Lesson Subscription on medical grounds. Cancellation under this section 10.5 will take effect from the date you provide us with a valid GP letter confirming the new health condition. We will refund you for any remaining Lessons you have paid for but are unable to attend within 30 days of the date of cancellation. Before cancelling, we would be grateful of the opportunity to discuss with you how your baby or child may be able to continue attending Lessons with some adjustments.
11 If you fail to comply with these Terms
11.1 Failure to comply with the provisions in these Terms could lead to you or your baby or child being refused access to a Lesson and/or the Club. We may also cancel your Subscription and refuse access to future Lessons as set out below. We will not issue a refund to you for any missed Lessons in these circumstances.
11.2 We may suspend or cancel your Subscription if:
(a) your recurring card payment for the Monthly Fee fails and you still do not make payment within five days of notification that your payment is due. A late payment notification will be sent to you once via email;
(b) you fail to comply with any of these Terms in a material way;
(c) your child or a Swim Buddy fails to comply with the provisions of section 4 in a material way;
(d) you are a Member and we terminate your membership;
(e) your conduct or the conduct of your baby or child or Swim Buddy is reasonably deemed by us to be detrimental to the welfare, good order or character of our Clubs, Members, staff or other guests.
11.3 If we suspend your Subscription, this means that you and your baby or child will not be entitled to attend Lessons whilst we investigate the matter or await payment. We will not offer you a refund for any missed Lessons during the suspension. We will inform you within 14 days whether we are able to reinstate your Subscription or whether your Subscription will be cancelled. At any time during the suspension, you may request that we end your Subscription and then section 11.4 will apply. In any event, your suspension will not last longer than 14 days.
11.4 If we cancel your Subscription in accordance with section 11.2, your baby or child will be removed from all Lessons with immediate effect and you will not be refunded for any Lessons scheduled to take place that you have already paid for in advance. You will also be required to pay us the Monthly Fee for the month of termination (if you have not paid already) and the following month. This is to align with the cancellation notice period set out in section 10.3 and because we do not expect to be able to fill the space in that class for at least that period of time.
12 Additional losses
12.1 We are responsible for losses you suffer caused by us failing to comply with these Terms unless the loss you suffer is:
(a) Unexpected – meaning it was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have expected it (so, in the law, the loss was “unforeseeable”).
(b) Caused by an event outside our control - as long as we have taken the steps set out in the section 9.3 above, we will not be responsible for delays outside our control.
(c) Avoidable – meaning something you could have avoided by taking reasonable action, including following our reasonable instructions.
12.2 We do not in any way exclude or limit our liability to you where it would be unlawful for us to do so. This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our staff including swimming instructors, lifeguards, employees, agents and subcontractors; (ii) for fraud or fraudulent misrepresentation; or (iii) for breach of your legal rights in relation to our services (which must be supplied with reasonable skill and care).
13 Personal data
13.1 We shall use the personal data you provide us with in accordance with our Privacy Notice: https://www.totalfitness.co.uk/privacy-policy/. It is your responsibility to ensure that you have the permission from any individuals whose data you share with us. You must also let them know you are doing this and tell them about our Privacy Notice.
13.2 If you have any queries concerning the use of your personal data, please contact us by email. Please note that we are unlikely to be able to discuss with you the personal data of other individuals unless you are the legal guardian of those individuals.
14 Complaints and disputes
14.1 If you have a complaint or would like to provide feedback, please contact us by email at swimacademy@totalfitness.co.uk and we will do our best to resolve any problems you have. You can also speak to our staff at one of our Clubs. Our Complaints Policy is available here https://www.totalfitness.co.uk/about/contact-us/.
14.2 We hope that we will be able to resolve any issues you have concerning this contract, your Lesson Subscription or any rights or obligations arising out of it. However, if there is a dispute between you and us, you are entitled and we are entitled to bring claims against each other in the courts of England and Wales. These terms are governed by English law.
May 2023