Swimming Lesson Terms and Conditions

These Terms and Conditions apply to memberships sold by Wealden Leisure Limited, trading as Freedom Leisure (“Freedom Leisure”, “we”, “us” or “our”).

Our registered office is The Paddock, 1–6 Carriers Way, East Hoathly, East Sussex BN8 6AG.

These Terms and Conditions form part of the membership agreement between Freedom Leisure and each member (“you” or “your”) and replace any previous terms and conditions applying to your membership.

By joining, you agree to these Terms and Conditions.

1. Your Swimming Lesson Membership

Membership is subject to acceptance by Freedom Leisure. We may ask you to provide reasonable evidence to verify information supplied when you join or to confirm your eligibility for a particular membership.
Freedom Leisure Swimming Lessons normally operate as a continuous programme for 50 weeks of the year.
The programme normally closes for two weeks over the Christmas and New Year period. Individual centre arrangements and closure dates may vary.
Your swimming lesson fee is calculated based on the annual programme and is collected through 12 monthly Direct Debit payments. The monthly payment is therefore an instalment towards the overall annual cost of the programme and does not represent payment for a specific number of lessons within that particular calendar month.
This means that some months may contain more scheduled lessons than others, but the monthly Direct Debit will normally remain the same.
Your place on the swimming lesson programme remains continuous until cancelled in accordance with the cancellation provisions within these Terms and Conditions.
Swimming lesson membership must not be transferred, shared, or used by another person.
Lost or damaged physical membership cards may be subject to a reasonable replacement charge.
We may hold a photograph against your membership record for identification and access-control purposes. Information about how we use your personal information is contained in our Privacy Policy.
Concessionary membership categories may be available at certain facilities and eligibility criteria may vary by location.
You will be required to provide appropriate evidence of eligibility when joining and we may periodically ask you to provide further evidence that you remain eligible.
Where appropriate, we may retain evidence or a record that eligibility has been verified in accordance with our Privacy Policy and applicable data protection requirements.
If satisfactory evidence is not provided, or you cease to qualify for the concession, your entitlement to the concessionary rate will end and your membership may be moved to the appropriate standard rate. Any Direct Debit will be amended accordingly.
You are responsible for telling us if your eligibility for a concessionary membership changes.

2. Free Casual Swimming

Participants enrolled in Freedom Leisure Swimming Lessons are entitled to free casual swimming at the Freedom Leisure centre at which they are registered for swimming lessons, for as long as their swimming lesson membership remains active and payments are up to date.
Free swimming applies to the participant enrolled in swimming lessons only and cannot be transferred to another person.
The benefit applies to eligible casual/public swimming sessions and is subject to:

1. pool and session availability;
2. normal admission policies, including adult supervision requirements;
3. any requirement to pre-book;
4. the operating programme of the individual centre; and
5. any session-specific restrictions.

Certain activities or specialist sessions may be excluded, including sessions carrying an additional charge, such as inflatable sessions, events or other premium activities.
Where a child requires an accompanying adult under Freedom Leisure’s admission policy, any applicable charge for the accompanying adult will still apply unless otherwise stated.
The free swimming benefit has no cash value and cannot be exchanged for a refund or reduction in swimming lesson fees.

3. Payment

Swimming lesson fees must be paid in accordance with the payment arrangements agreed when joining.
Your first payment will cover the period from the date your swimming lessons start until your first monthly Direct Debit payment.
In most cases, Direct Debits are collected on or around the 1st of each calendar month. Some memberships or facilities operate different collection dates. The payment date applicable to your membership will be confirmed to you when you join. Where a collection date falls on a non-working day, payment may be collected on the next available working day.
If a Direct Debit is returned unpaid, we may re-present the payment in accordance with applicable Direct Debit rules.
If a payment is missed or remains unpaid, we may suspend your membership and access to our facilities until the outstanding amount has been paid.
Where payments remain outstanding, Freedom Leisure reserves the right to suspend access to swimming lessons and associated membership benefits until the account is brought up to date.
Continued non-payment may result in the swimming lesson place being cancelled.
Where offered, Paid-in-Full Memberships require the full membership fee to be paid upfront at the time of purchase and provide membership for the fixed period specified when you join, which will usually be 12 months.
Paid-in-Full Memberships are normally non-refundable and non-transferable once purchased, except where you have a statutory right to cancel or where these Terms and Conditions expressly provide otherwise.
There are no further monthly membership payments due during the agreed fixed membership period.

4. Price Changes

We may review membership prices from time to time.
Where we change your monthly Direct Debit amount, we will provide appropriate advance notice in accordance with applicable Direct Debit and consumer requirements.

5. Swim School Member Non-Attendance of Lessons

No refund, credit or reduction in fees will normally be provided where a participant does not attend a scheduled lesson.
This includes non-attendance due to holidays, other commitments or short-term illness.
Where a participant has a significant medical condition or injury which prevents participation for an extended period, please contact the centre. Freedom Leisure may consider appropriate arrangements depending upon the circumstances and may request supporting information.

6. Lessons Cancelled by Freedom Leisure

Occasionally, Freedom Leisure may need to cancel a swimming lesson because of circumstances such as:

1. pool closures;
2. operational or technical issues;
3. staffing issues;
4. adverse weather;
5. emergency situations;
6. events;
7. health and safety requirements; or
8. circumstances outside Freedom Leisure’s reasonable control.

Where a lesson is cancelled by Freedom Leisure, we will make reasonable efforts to notify customers as soon as practicable.
A cancelled lesson will not normally result in an automatic financial refund. Our priority will be to ensure customers receive an appropriate alternative or replacement benefit.
Depending on the circumstances and availability, Freedom Leisure may provide one or more of the following:

1. an alternative swimming lesson;
2. access to an alternative aquatic activity;
3. a family swimming pass;
4. a credit or discount towards an appropriate swimming activity, such as an intensive or crash course; or
5. another benefit which Freedom Leisure reasonably considers to be of the same or greater value than the cancelled lesson.

The remedy offered may vary according to the circumstances of the cancellation, local facilities and programme availability.
Where practical, catch-up or replacement sessions may be delivered at a different time, on a different day or at another Freedom Leisure facility.
Alternative benefits offered in respect of cancelled lessons cannot normally be exchanged for cash.
Nothing within these Terms and Conditions affects any statutory rights a customer may have.

7. Extended Pool or Programme Closures

Where disruption is short term, the arrangements within Section 5 will normally apply.
Where Freedom Leisure is unable to provide swimming lessons for a participant for more than four consecutive scheduled lessons, we will review the circumstances and the anticipated length of the disruption.
Where a suitable alternative programme cannot reasonably be provided, Freedom Leisure will provide an appropriate financial adjustment or refund in accordance with its courses cancellation and refund policy.
Freedom Leisure may also offer customers the opportunity to transfer temporarily or permanently to another suitable lesson or centre where this provides a reasonable alternative.

8. Changes to Lessons

Freedom Leisure reserves the right to make reasonable changes to the swimming lesson programme.
Changes may include:

1. lesson times;
2. lesson days;
3. swimming teachers;
4. class sizes;
5. pool areas;
6. lesson stages;
7. programme structure; or
8. other operational arrangements.

We will provide reasonable notice of significant changes wherever practicable.
Swimming teachers may recommend that a participant moves to another class or stage where this is appropriate for their ability, development or safety.

9. Progression

Participants will be assessed throughout the programme in accordance with the relevant Freedom Leisure swimming pathway.
Progression is based on achievement of the skills and outcomes required for each stage rather than the length of time spent within a particular class.
Participants therefore progress at different rates.
Where a participant is ready to progress, we will seek to identify an appropriate class, although preferred days and times cannot always be guaranteed.

10. Attendance and Arrival

Participants should arrive in sufficient time to be changed and ready for the scheduled start of their lesson.
Late arrival may result in a participant being unable to join the lesson where the swimming teacher or centre considers that doing so would disrupt the session or create a safety concern.
Attendance records and participant progress may be recorded electronically as part of the swimming lesson programme.

11. Parents and Carers

For all participants under the age of 18, a responsible adult aged 18 or over must remain on the Freedom Leisure site for the full duration of the swimming lesson. The responsible adult must be contactable and available to attend poolside promptly if required.
Parents, carers and responsible adults must comply with the centre’s poolside, safeguarding and supervision arrangements at all times.
Children must be collected promptly from the designated collection point at the end of their lesson.
Parents, carers and other accompanying adults must not enter poolside areas unless permitted by the centre, requested by a Freedom Leisure colleague, or where participation in the lesson specifically requires an accompanying adult.
For participants under 18, we will normally treat the nominated parent or carer as the primary contact for the swimming lesson membership.

12. Health and Safety

It is the responsibility of the parent, carer or adult participant to ensure that Freedom Leisure is made aware of any relevant medical condition, disability, additional need or other information which may affect safe participation.
Participants must follow reasonable instructions provided by swimming teachers and other Freedom Leisure colleagues.
Participants must use facilities and equipment appropriately and have due regard for their own safety and that of others.
Participants who have experienced vomiting or diarrhoea within the previous 48 hours must not attend swimming lessons or use the swimming pool.
Appropriate swim nappies must be worn by children who are not toilet trained.
Parents and carers are responsible for ensuring that swim school members arrive fit and able to participate safely, wear suitable swimwear and equipment, follow hygiene requirements, and comply with all pool rules and staff instructions.
Freedom Leisure’s general centre rules, pool rules and admission policies apply at all times.

13. Behaviour

Freedom Leisure is committed to providing a safe, respectful and inclusive environment for employees, volunteers, customers and visitors. Any form of harassment, sexual harassment, intimidation, abusive behaviour, unwanted physical contact, sexually suggestive comments, gestures or conduct that creates an offensive, intimidating, hostile, degrading or humiliating environment will not be tolerated. Freedom Leisure reserves the right to refuse entry, suspend memberships, remove individuals from facilities and, where appropriate, report matters to the police or other relevant authorities”.
Parents and carers must not distract the teacher, enter teaching areas, interfere with lessons, or allow siblings or other children in their care to enter restricted areas unless authorised by Freedom Leisure staff.
You must comply with:

1. These Terms and Conditions;
2. Any reasonable venue rules, policies or procedures in force at the facility;
3. Health and safety and safeguarding requirements; and
4. Reasonable instructions given by Freedom Leisure colleagues.

Freedom Leisure reserves the right to suspend or cancel a participant’s swimming lesson membership where behaviour creates a safety concern or represents a serious or repeated breach of centre rules.

14. Personal Belongings

Customers are responsible for their own personal belongings while using Freedom Leisure facilities.
Freedom Leisure cannot accept responsibility for loss, theft or damage to personal belongings except where liability arises as a matter of law.
Where lockers are available, customers are encouraged to use them and follow the individual centre’s locker arrangements.

15. Cancelling Swimming Lessons

Customers wishing to cancel must follow Freedom Leisure’s published cancellation process and give one calendar month’s notice of cancellation.
Simply cancelling your Direct Debit instruction with your bank does not cancel your swimming lesson membership.
Any payment due under the applicable notice period remains payable.
If you ask for your swimming lesson membership or access to associated benefits to begin during the 14-day cooling-off period and you subsequently exercise your right to cancel, Freedom Leisure reserves the right, where permitted by law, to retain or charge an amount for any services provided up to the date of cancellation, together with a reasonable administration fee.
By asking for your swimming lessons or associated membership benefits to begin during the cooling-off period, you are expressly requesting that Freedom Leisure begins providing the service before the end of that period.
Once a cancellation has been processed, the swimming lesson place and associated membership benefits, including free casual swimming, will end in accordance with the confirmed cancellation date.
Customers should retain confirmation of their cancellation.

16. Cooling-Off Period

You have a legal right to cancel your Membership Agreement within 14 days where you enter into your membership:

1. online, including through the Freedom Leisure website;
2. by telephone or another method where you and Freedom Leisure are not together in person when the Membership Agreement is entered into; or
3. away from Freedom Leisure's business premises, where the agreement meets the legal definition of an off-premises contract. These are commonly referred to as distance or off-premises contracts.

The statutory 14-day cancellation right does not generally apply simply because you change your mind where you enter into your Membership Agreement in person at a Freedom Leisure facility. This does not affect any other statutory rights you may have.
To exercise your 14-day cancellation right, you must clearly tell us that you wish to cancel your Membership Agreement before the cancellation period expires. You can do this using the contact details or cancellation method provided when you join or by completimg this online form. Your statutory rights are not affected.

17. Suspension or Cancellation by Freedom Leisure

Freedom Leisure reserves the right to suspend or cancel a swimming lesson membership where:

1. payments remain outstanding;
2. these Terms and Conditions are seriously or repeatedly breached;
3. behaviour creates a health, safety or safeguarding concern; or
4. continued participation is otherwise considered inappropriate for legitimate operational, safety or safeguarding reasons.

Where reasonably possible, Freedom Leisure will seek to resolve issues with the customer before cancelling a membership.

18. Changes to Membership Benefits and These Terms

We may make reasonable changes to membership benefits or these Terms and Conditions where necessary, including because of:

1. Changes in law or regulation;
2. Health and safety requirements;
3. Changes to the way we operate our facilities or services;
4. Changes to technology or payment systems; or
5. Other reasonable operational or business requirements.

Where a change materially affects your membership, we will provide reasonable advance notice wherever reasonably practicable.

19. Our Liability

Nothing in these Terms and Conditions excludes or limits any liability which cannot legally be excluded or limited, including liability for death or personal injury caused by our negligence. We are responsible for loss or damage which is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage which is not foreseeable or which arises from circumstances outside our reasonable control.
Nothing in these Terms and Conditions affects your statutory consumer rights.

20. Keeping Your Details Up to Date and Contacting You

You are responsible for ensuring that the contact information we hold for you remains accurate and up to date, including your postal address, email address and telephone number.
We may use those details to contact you about matters relating to your membership, including:

1. Payments;
2. Bookings;
3. Changes to membership or services;
4. Health and safety matters; and
5. Other membership administration.

Where an email is sent to the most recent email address you have provided, it will normally be treated as received two working days after transmission unless we receive evidence that delivery has failed.
Providing an email address or mobile telephone number allows us to use those channels for appropriate membership administration and service communications.
Marketing communications will only be sent where permitted by applicable law and in accordance with your communication preferences.

21. Photography and Filming

Use of Recording Devices by Customers: The use of recording devices, wearable technology and other equipment capable of capturing audio, images or video is subject to venue rules, signage and staff instructions. In certain areas of the facility, the use of such devices may be completely prohibited. Users are responsible for checking and complying with any signage or restrictions displayed in the vicinity. Freedom Leisure reserves the right to restrict or prohibit the use of such devices where necessary to protect privacy, dignity, safeguarding, safety or security.
Photography and Filming by Freedom Leisure: We may from time to time take photographs or video recordings within our facilities for appropriate promotional, marketing, operational or evidential purposes.
Where individuals are identifiable, images will be processed in accordance with our Privacy Policy and applicable data protection legislation.
Where photography or filming is planned, reasonable notice will be provided where appropriate. If you do not wish to be included, please make this known to a member of the Freedom Leisure team.
Incidental inclusion of individuals in photographs or recordings of facilities, activities or events may occur.

22. Privacy and Data Protection

Freedom Leisure processes personal information in accordance with applicable data protection legislation. Details of how we collect, use, store and share personal information, together with your data protection rights, are set out in our Privacy Policy available at www.freedom-leisure.co.uk/privacy-policy/
If you wish to exercise your data protection rights or have any questions about how we use your personal information, please contact:

Data Protection Officer
Freedom Leisure
The Paddock, 1-6 Carriers Way
East Hoathly, East Sussex, BN8 6AG
Email: [email protected]

Please note that we do not share your personal data with third parties for marketing purposes.
You have rights in relation to your personal information under applicable data protection legislation, including the right to request access to the personal data we hold about you and where applicable, rights to rectification, erasure, restriction of processing, objection to processing and data portability.
Nothing in these Terms and Conditions limits your rights under applicable data protection legislation.

Swimming Lesson Terms and Conditions

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