“Class(es)” means a Baby Paddlers class or lesson
“Baby Paddlers” means Baby Paddlers Ltd the company with whom you have entered into this contract in respect of the provision of Classes.
“Pupil” means the child who is attending or who are booked on to a Baby Paddlers Class and whose details are specified by the Parent or Carer on the Registration Form
“Parent” means a parent or legal guardian of the Pupil who will be responsible for the payment of the Fees and who is the contracting party to this contract
“Carer” means the person/persons who attend the class, or any part of it, with the Pupil and is responsible for their welfare
“Registration Form” means the form relating to the booking or re-booking of the Pupil for a Baby Paddlers Class
“Fees” means the monetary charge to attend Classes for a Term, as specified on the Registration Form
“Term” means the agreed dates of classes as described on the Baby Paddlers website
“Premises” means the place (be in the swimming pool or changing rooms or outside space) where the Classes take place
“Swimming Teacher” means the individual engaged by Baby Paddlers to teach Classes. Whilst every effort will be taken to maintain the consistency of the Swimming Teachers during the Term Baby Paddlers retains the right to change the Swim Teaching staff where necessary
“Terms” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Baby Paddlers and the Parent
“Website” means the website at https://www.babypaddlers.co.uk
2. Acceptance of Terms
All agreements and issues relating to the teaching of the Classes by Baby Paddlers to the Pupil are subject to these Terms to the exclusion of all others.
No variation or addition to the Terms shall be binding unless agreed in writing by Baby Paddlers and the Parent.
These Terms shall be deemed to be accepted by the Parent and the Carer once the Registration Form is submitted to Baby Paddlers and payment has been made to Baby Paddlers by or on behalf of the Parent.
3. Fees & Payment
The Parent shall pay the Fees for the Term to Baby Paddlers prior to the Pupil commencing a Term.
The Fees are not refundable under any circumstances whatsoever other than with the written consent of Baby Paddlers.
At the end of each Term parents who are already enrolled in our classes will have the first choice as to whether they wish to continue with a place on the next Term. You will automatically be enrolled in the next Term unless you advise us otherwise.
Baby Paddlers may cancel this contract at any time before the Pupil commences a Term, for any reason whatsoever. Baby Paddlers shall not be responsible for any loss or damage whatsoever arising from such cancellation but will refund Fees paid for the remaining Classes in the Term.
We are really confident you will love our classes, but if after attending the first class the customer no longer wishes to continue, then we will refund the entire course cost without question.
After the first class Baby Paddlers is under no obligation to refund your money in the event that you are unable to attend part of or the entire course after signing up. If a class is missed due to sickness or holiday, we will try and offer the customer a catch-up class subject to availability.
If in special circumstances we have agreed to refund part or all of the course there will be a £10.00 admin charge deducted from the refund.
5. Parent/Carer Obligation
The Parent warrants that the information provided on the Registration Form is accurate in all respects at the point of booking. Any changes will be immediately sent by the Parent and/or Carer to Baby Paddlers.
It is the Parent and/or Carer’s responsibility to inform Baby Paddlers of any special medical conditions at the point of booking.
When attending the Classes, the Pupil and/or Parent and/or Carer must not be suffering from any serious illness or disease or anything similar thereto.
The Parent acknowledges and agrees that the Pupil shall be deemed to be under the direction, care and control of the Carer throughout the Class and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Class and whilst the Pupil is on the Premises. Baby Paddlers does not allow the Parent and/or Carer to leave the Pupil for any amount of time before, during or after a Class.
In the event that Baby Paddlers determines the behaviour of the Pupil and/or the Carer to be unacceptable, Baby Paddlers shall be entitled to exclude the Pupil and the Carer (or either of them) from the Class and Premises permanently or for such period as Baby Paddlers shall (in its entire discretion) determine.
The standard of behaviour which is to be regarded as unacceptable at a Class or on Premises shall be determined by Baby Paddlers.
7. Rules of Poolside
7a. Video and Photography
We understand that Parents/Carers like to take photos of or video record Pupils whilst swimming. This is a normal part of family life, and we will not discourage Parents/Carers from celebrating the Pupil’s success.
Baby Paddlers will not allow others to photograph or film children during a Baby Paddlers Class without the Parent or Carer permission.
If you wish to take photos of the Pupil during Classes please ask the Swimming Teacher who will address the whole Class.
Baby Paddlers will not allow images of children to be used on our website, publicity, or press releases, without express permission from the Parent/Carer, and if we do obtain such permission, we will not identify individual Pupils by name.
Baby Paddlers cannot, however, be held accountable for photographs or video footage taken by Parents/Carers but the Swimming Teacher will explain to all Parents/Carers that we will allow photographs to be taken on the basis that no one else including the Swimming Teacher will appear in photos on social media.
Employees of Baby Paddlers may take photographs of Pupils whilst engaged in Baby Paddlers activities for teaching purposes; for assessment purposes or as a means of celebrating success within Baby Paddlers. Verbal permission will be asked prior to any photos being taken.
7b. Valuables and Jewellery
All property left in changing rooms or on poolside, and all property (including prams) left in entrance halls or outside, is left at your own risk. Baby Paddlers cannot accept any responsibility for the loss or damage of any personal possessions. Please remove all jewellery (except wedding rings) before entering the water.
Should either Pupil, Parent or Carer develop any known or suspected medical condition a doctor must be consulted before entering the swimming pool. This is applicable to the following: ear infection, diarrhoea, chicken pox, impetigo, conjunctivitis or a bad cold. Please wait until your doctor has given the all-clear before returning to classes. In the instance of sickness and diarrhoea the Pupil, Parent or Carer must have been clear of all symptoms for at least 48 hours before attending a Class.
7d. Nappies and Changing your Baby
Without exception, all babies/toddlers, regardless of age or whether they are potty trained, must wear our double nappy system: a disposable paper swim nappy with a Happy Nappy on top.
Babies wearing Splash About snugs, Happy Nappy costumes, and any other attire must still wear a Happy Nappy and under-nappy.
Always change your baby on the floor using a suitable towel or changing mat. Be careful of using any raised areas such as benches, trolleys or tables. This is to prevent babies from rolling onto the floor from high surfaces which can easily happen and is extremely distressing for all concerned.
7e. Health and Safety
No outer footwear or prams should be worn or taken onto poolside or into changing rooms. Please use blue overshoes (if available) or go barefoot.
Do not enter the pool until the current Class has finished; please always wait to be invited to do so by your Teacher.
The Parent / Carer are responsible for the safe supervision of any children you bring at all times: on poolside, in the changing rooms and on the pool premises. They should always be under the direct supervision and never be left unattended. Children running on wet surfaces can very easily slip and hurt themselves.
Unfortunately, we can only accommodate one adult in the pool at a time with each child who must be either the child’s Parent or designated Carer and over 16 years of age.
At Baby Paddlers, we do our best to be flexible and ensure our customers get value for money from their classes. We understand that from time to time customers cannot make classes at short notice due to sickness or that they have holidays planned in. We run a catch-up system which allows each customer one catchup class per Term (typical number of weeks per Term is 5 – 8 weeks) when they cannot make it to our classes. We do our best to find you an alternative class to attend if you have to miss your regular class for any reason.
Please see full details of our Catch-up policy here.
The Parent and/or Carer agrees to keep the content of the Baby Paddlers Classes confidential. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with Baby Paddlers while the Pupil is a member of Baby Paddlers and for a period of one year afterward.
9. Limitation of liability
The Parent and/or Carer agrees that any claim made against Baby Paddlers will be made in writing within 30 days of the incident taking place and failure to report in writing within this time will negate any such claim.
The maximum aggregate liability for Baby Paddlers to the Pupil, Parent and/or Carer will not exceed the Fees.
Neither Baby Paddlers nor any Swimming Teacher, Swimming Teacher Assistant nor any employee, agent or other representative accepts responsibility in respect of loss, damage or expense incurred by a Pupil, Parent and/or Carer arising directly or indirectly or in any way connected with the attendance of the Pupil, Parent and/or Carer at Classes (or any Class) or any other act or omission on the part of Baby Paddlers, its Swimming Teachers, Swimming Teachers assistants, employees, agents and/or representatives.
All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Baby Paddlers, it Swimming Teachers, Swimming Teachers assistants, employees, agents and/or representatives or affects the statutory rights of the parent or Pupil.
The Parent shall indemnify and keep indemnified Baby Paddlers against all loss (including loss of profit), liability, cost and expenses which Baby Paddlers may incur directly or indirectly as a consequence of any action or inaction of the Parent, Carer and/or Pupil.
Any notices to be sent by either party to the other shall be sent by pre-paid recorded delivery or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting or immediately if hand delivered.
The failure by either party to enforce at any time or for any period any one or more of the obligations arising under this contract shall not be a waiver of them or of the right at any time subsequently to enforce any or all of such obligations.
These terms and conditions constitute the entire agreement between the parties hereto and supersede prior agreements and understandings between the parties.
This contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.