TERMS AND CONDITIONS FOR BUBBLE BABIES CLASSES
Published 13th September 2020
1. OUR TERMS
1.1 All those wishing to attend a Bubble Babies class must agree to the terms and conditions set out below. In the unlikely event of a customer failing to abide by these terms and conditions, a customer may be requested to discontinue lessons with Bubble Babies. In this instance Bubble Babies will be under no obligation to provide a refund for any outstanding lessons.
1.2 What these terms cover. These are the terms and conditions on which we provide Bubble Babies swimming classes to you.
1.3 Why you should read them. Please read these terms carefully before you book our classes. These terms tell you who we are, how we will provide classes to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Bubble Babies is a small, family run swim company in Leicestershire.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07894 967240 or 07737887130 or by writing to us at bubblebabiesleicester@gmail,com
2.3 How we may contact you. If we have to contact you we will do so by text/telephone or by writing to you at the email address you provided to us when you booked.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Booking a class
3.1.1 You can make a class booking over the phone, by emailing us or via our Facebook page.
3.1.2 You must provide us with specific personal information in order to book a class with us.
3.1.3 Once your booking is in place you will receive a confirmation email detailing what you have booked and providing you with information regarding class. pool and safety information.
3.1.4 All class timetables are correct at time of publishing. If your class time changes, we will communicate with you.
3.1.5 All of our prices include standard rate VAT where applicable.
3.2 Making payment
3.2.1 Lessons are paid for in advance via bank transfer. Only on receipt of payment is your space on the course confirmed.
3.2.2 Our course terms vary in length and run in line with the Leicestershire County Council school term dates.
4. LESSON CHANGES OR CANCELLED BY YOU
4.1 In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, you will be notified by us, by text message to your mobile phone, with as much notice as possible. Bubble Babies will not reimburse any expenses incurred by a customer failing to pick up their message.
4.2 If a lesson is cancelled by Bubble Babies, we will refund you for the cancelled class/classes within 7 days.
4.3 If insufficient children are booked into your class, we reserve the right to cancel the class. In this instance you will be fully refunded or offered a suitable alternative class.
5. UNABLE TO ATTEND A CLASS?
5.1 If you know you are unable to attend a lesson please let us know either through telephone, text, email or Facebook messenger.
5.2 Your lesson payment has reserved your place just for you and if you miss a lesson for any reason we are unable to refund you.
5.3 Bubble Babies cannot accept any responsibility for the safety of mobile phones brought poolside.
5.4 Changes to our terms and conditions We reserve the right to make amendments to our Terms and Conditions at any time to reflect changes in our business or statutory obligations. The new version will be posted on our website and will take effect immediately upon posting. If applicable these changes will be communicated to all our customers by email. If you book lessons after the new Terms and Conditions have come into effect as part of your booking process you will indicate your agreement to be bound by them. Previous versions of our Terms and Conditions can be requested from firstname.lastname@example.org
6. Behaviour and responsibilities
6.1 All children attending our Baby & Pre-school classes must be accompanied in the water by their adult carer.
6.2 Customers are responsible for the child in their care at all times (except during a class where the child is NOT accompanied in the water by an adult carer i.e. Bubble Academy) and must inform the teacher prior to the lesson of any concerns they have.
6.3 Customers are expected to behave in a civilised manner towards the teacher, other Bubble Babies customers, any member of the Bubble Babies or Pool venue team and any members of the public who are using the same pool, and are expected to refrain from using foul language at all times.
6.4 Bubble Babies may, at its own discretion, refuse entry to a customer if it is felt that the customer’s behaviour is unacceptable.
6.5 Customers accept that at times there will be physical contact between the teacher and their child, which will always be carried out in a professional and caring manner.
6.6 It is the customer’s responsibility to inform Bubble Babies and teacher of any condition that could affect their own or their child’s capabilities in the swimming pool. You must agree to inform us of any changes, including pregnancy, as soon as you become aware of them. This can be updated by contacting us directly through our email email@example.com. All information provided to us will be treated as strictly confidential.
6.7 Unfortunately, we can only accommodate one person in the pool at a time with each child who must be either the child’s parent or designated carer and be at least 16
years of age. Anyone new to the class must let the teacher know at the beginning of the session so they can provide the extra help and advice that will be needed. Spectators may be allowed, depending on individual pool facilities and regulations, but must be other family members or friends.
6.8 Customers must follow pool procedures as advised to them at the time of confirmation. Please adhere to the instructions given to you regarding car parking, entry and exit route to pools.
6.9 Customers should aim to arrive no more than 15 minutes before the lesson and leave no more than 15 minutes after the lesson to help ensure changing room comfort.
6.10 Car seats and push-chairs etc. should not be left in the changing rooms. Please contact us for details of where these can be left as this will depend on the individual pool facilities. There is strictly no push-chairs poolside at any pool.
6.11 Food is strictly forbidden in the pool buildings.
6.12 Please minimise mess on the floor e.g. mud or grass. Please inform a Bubble Babies team member or pool staff if the floor is soiled.
6.13 Smoking, vaping and the use of e-cigarettes are strictly forbidden within any pool building or grounds.
6.14 All Bubble Babies teachers hold a teaching qualification from either the Swimming Teacher’s Association (STA) or Swim England, formerly known as the Amateur Swimming Association (ASA), the only official training providers of swimming teaching in the UK. In addition, all Bubble Babies teachers undergo full in-house training to ensure they meet our rigorous teaching standards. All of our teachers are insured through either the STA or the IOS (insurance body for Swim England) and hold a lifesaving and safeguarding qualification as well as a valid DBS check.
6.15 The safety and well-being of your child or the child in your care is of the upmost importance to Bubble Babies. We have a responsibility to report any inappropriate or suspicious behaviour to the relevant authorities.
WE DRAW YOUR ATTENTION TO THE CONTENTS OF THE FOLLOWING CLAUSE
7. OUR RESPONSIBILITY TO YOU
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
7.2 In the absence of any proven negligence, lack of due diligence or breach of duty by the teacher(s), Bubble Babies, the participation of you, your spouse/partner, child or those in whose care you have placed your child for the purpose of attending or observing Bubble Babies swimming sessions is done so entirely at your and their own risk.
7.3 Bubble Babies will not accept any liability for articles lost, damaged or stolen.
7.4 Bubble Babies cannot be held liable for the actions of third parties i.e. non=Bubble Babies customers/team members and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed ‘Photography’ by any third party.
7.5 Bubble Babies are committed to ensuring that gender diverse children and designated carers swimming with Bubble Babies have the right to choose the toilet or changing room they feel most comfortable using. Any discrimination against gender diverse children or designated carers at Bubble Babies lessons will be dealt with in accordance with the Equality Act 2010 and those responsible may be asked to cease their swimming lessons with Bubble Babies.
7.6 These Terms and Conditions do not affect your statutory rights.
8. WHAT TO WEAR
8.1 We operate a strict ‘double nappy’ policy for all Bubble Babies up to the age of 3 years regardless of whether they are fully toilet/potty trained. An approved snug- fitting neoprene (or other similar fabric) swim nappy (such as a neoprene swim nappy i.e. with snug fitting cuffs at the waist and legs) must be worn with a swim under-nappy (either a reusable cotton swim nappy with a disposable liner or a disposable paper swim nappy) underneath. This ‘double nappy’ policy must also be adhered to if your child is in any of our other classes if they are not fully toilet/potty trained regardless of age. Children are welcome to wear swimming costumes, swim trunks, baby wetsuits and other similar garments but must still wear the ‘double nappy’ underneath. There may be instances when a particular pool imposes stricter rules about what can or can’t be worn in our lessons. For example, the requirement for all children 0-4 years old, regardless of class level or if they are potty trained, to wear a Double Nappy. In these instances you will be made aware of this by Bubble Babies. Bubble Babies reserves the right to refuse entry to any child who is not suitably dressed.
8.2 Bubble Academy: Boys should wear trunks or jammers. Girls should wear a well- fitting one-piece swimming costume. Baggy ‘Bermuda style’ shorts or baggy swimming costumes are not allowed as these can cause drag in the water and could delay your child achieving a distance swim. Please also refer to our ‘double nappy’ policy above.
8.3 Children must remove loose fitting or sharp jewellery before swimming. Hoop earrings are not permitted.
8.4 Adults must wear appropriate swimwear in the pool, remove loose fitting or sharp jewellery, tie back long hair or wear a swim hat.
8.5 All plasters and hair clips must be removed before swimming due to the risk of them falling off in the water and damaging the pool filters.
8.6 Strictly no outdoor footwear poolside.
8.7 Goggles – We recommend that children wear goggles in our Bubble Academy classes.
8.8 In Baby & Pre-School classes children are permitted to wear prescription glasses if they have a strap at the back to stop them falling off. Children with prescription glasses are NOT permitted to jump in whilst wearing them. In Bubble Academy classes, prescription glasses are not permitted – they must be replaced by prescription goggles.
9. HEALTH AND SAFETY
9.1 You must not bring your child swimming if they have any illness such as an ear infection, chicken pox, impetigo, conjunctivitis or a bad cold. We have been advised that you should not bring your child into the pool for 48 hours after sickness and 2 weeks after suffering from diarrhoea. For any other illness and to avoid any doubt please wait until your doctor has given the all-clear before returning to classes.
9.2 Swimmers should not enter the pool until the teacher says it is safe to do so and must tell the teacher if leaving the pool before the end of the session.
9.3 Always change your baby on the floor using a suitable changing mat. Do not use 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.
9.4 Please take all your used nappies away with you unless a clearly marked nappy bin has been provided. Never leave nappies in an open bin (including those within the venue grounds). Please do not run or allow your child to run on the pool side, drink alcohol prior to the lesson, eat or chew gum during the lesson.
9.5 All swimmers must shower before getting into the pool. Please do not wear makeup or body lotion etc. as these significantly deteriorate the quality of the pool water.
10. PHOTOGRAPHY AND VIDEOS
10.1 Please note that any mention of ‘Photography’ in these terms and conditions covers both the taking of photographs and video footage.
10.2 Strictly no photography in changing rooms.
10.3 If you wish to take photographs or video footage during our lessons, you must adhere to the following terms. Any person not following these terms may be asked to leave the lesson and will not be permitted to continue with their Bubble Babies journey:
10.3.1 Photography can only take place in ‘splash time’ and must not interfere with the lesson. There must be no other customers in the background. Photography at any other time is strictly not allowed.
10.3.2 Photography is only permitted if your child/relative is moved to the side of the pool away from the rest of the customers so that they are not visible in the image.
10.3.3 Parents who are concerned that their child is in an image taken by another customer have the right to ask to view that image and for it to be deleted if they are in fact in the shot.
10.3.4 Please remain sensitive to the feelings of others and always stop filming should you be asked to do so.
10.3.5 You must adhere to pool rules at individual venues, some of which do not permit the use of photography equipment. If this is the case with your pool, we ask that you respect their policy.
10.3.6 The teacher or poolside assistant in that lesson has the right to view the images taken and to delete any taken at the pool.
10.3.7 In all instances the decision of the Bubble Babies team member is final.
11. LOST PROPERTY AND VALUABLES
11.1 All property left within any pool building or grounds including but not limited to: car park, entrance, spectators’ areas, changing areas and poolside area, is left at your own risk. Please make sure you have all your belongings with you before leaving.
11.2 Lost property will be kept for a period of 3 weeks if found by a Bubble Babies team member. If not claimed, it will be disposed of accordingly. Unfortunately, if an item is not found by a Bubble Babies team member we cannot be held liable.
11.3 Please note odds and ends lost property such as shampoo, dummies, socks etc. will be disposed of at the end of each day.
Whilst we will try to ensure you always have the same teacher in a particular class, we cannot guarantee this as teachers may fall ill, leave or cancel for personal reasons. The quality of your lesson will in no way be affected by this though.
14. PROGRESSION THROUGH OUR SWIMMING PROGRAMME LEVELS
Our programme levels are designed around a child’s physical and emotional development. Moving children into classes before a certain age could be physically difficult for them due to the activities we are doing but also emotionally as there is an expectation for them to understand instructions. We have therefore applied a minimum age to each level which is based around these considerations and must be adhered to.
15. DATA PROTECTION AND ONLINE SECURITY
15.1 In order to book a Bubble Babies class you must register your details and those of your child/children with us. These will include your real name, mobile and landline phone numbers, email address, home address, emergency contact details, your child’s date of birth and any relevant conditions that could affect you or your child whilst in the pool.
15.2 You can choose to unsubscribe to marketing emails at any time.
15.3 The names of you or your child/children and their ages will be displayed on our class registers in order to be used by our teachers to help tailor our classes to the individual needs of our customers. These registers are visible to other pool users and are used by selected pool operators for health and safety purposes.
15.4 Please be assured that we will not share this data with any other third party other than those required to process your booking or where we are legally required to do so.
15.5 On very rare occasions we may be obliged to disclose your personal information to third parties.
15.5.1 Where we are legally required to disclose your information.
15.5.2 By providing us with an email address you are agreeing to receive communication from us by email.
15.6 Any payment card details saved within our payment system will be held 100% securely by our payment processor.
15.7 Your privacy and data security are of paramount importance to us but unfortunately the Internet is not a 100% secure channel of communication. Any data sent electronically to us is done so entirely at your own risk.
16 EMERGENCY CONTACT DETAILS
16.1 Bubble Babies is a data controller of your personal information. We may process your personal information as a nominated Emergency Contact for the duration that the relevant child attends our classes without your consent as our ‘legitimate interest’ to ensure Bubble Babies hold contact information in the event of an emergency.
16.2 Bubble Babies will only share your information where we are legally obliged to do so or where an emergency situation requires us to do so.
16.3 In order to book a Bubble Babies class, a parent/guardian of the relevant child must register their details and those of their child/children with us and provide Bubble Babies with Emergency Contact details. We will collect the following information about the Emergency Contact: Name; Relationship to the parent/guardian; Contact number.
16.4 As the nominated Emergency Contact, Bubble Babies will only use your information to contact you in the event of an emergency, comply with the law regarding data sharing and comply with our legal obligations around the health, safety and wellbeing of the children attending our classes.
16.5 Bubble Babies will only hold your personal information for the duration that the relevant child for whom you are Emergency Contact for, attends and is a member of Bubble Babies, or until we are notified that you are no longer their Emergency Contact by the parent/guardian.
16.6 As an Emergency Contact you have no rights to access or request any information regarding the relevant child in respect of their activities with Bubble Babies. Our sole purpose for processing your personal information is that Bubble Babies are able to contact you in the event of an emergency.
16.7 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up-to-date. If you wish to do this, please contact us by email firstname.lastname@example.org
16.8 For more information on what a ‘legitimate interest’ is, please visit the Information Commissioner’s Office website.
17. OFFERS AND DISCOUNTS
There maybe a selection of Offers and Discounts available to our customers but these are all subject to availability.
17.1 Introductory Offers
17.1 Sibling Discount – 10% discount for second child and subsequent children when two or more are booked into a Bubble Babies class. All children must be in paid-for lessons to take advantage of the offer. Can be used in conjunction with an Introductory Offer or a Promotional Offer (either/or but not both).
17.2 Promotional offers
17.2.1 Valid for new customer bookings only.
17.2.2 Promo code must be quoted at time of booking either online or over the phone. The offer cannot be added retrospectively.
17.2.3 Subject to availability.
17.2.4 Must be used by set date as detailed in particular offer. If no date is given the maximum expiry is six months after publication.
17.2.5 Cannot be used in conjunction with an Introductory Offer or any other Promotional Offer.
18. WEBSITE INFORMATION
18.1 The material made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by Bubble Babies. Bubble Babies has used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however it accepts no liability for any inaccuracies, errors or omissions in the site. The information available on the site may be incomplete, out of date or inaccurate. Bubble Babies reserves the right at any time and without prior notice to make changes and corrections to the material on the site. Bubble Babies accepts no liability for any loss or damage of whatsoever nature caused by the use or the inability to use the materials available in this site or any linked site. Bubble Babies has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If however, you genuinely believe that the material on this site infringes any Intellectual Property rights, please contact Bubble Babies directly. All images displayed on this website are under the ownership of the photographer concerned. Agreement to display the photographs has been reached and they are not available to be copied.
19. BUBBLE BABIES COMPLAINTS PROCEDURE
19.1 We hope you will be delighted with our service but if you are at all unhappy please follow our complaints procedure:
19.2 Speak to the poolside assistant (if present) or teacher, or email Bubble Babies at email@example.com The pool or office team member will try to resolve the matter to your satisfaction.
20. BUBBLE BABIES TRIAL CLASSES
20.1 Trial classes will only be offered when spaces are available through our online booking system. A trial class can only be booked for new swimmers to Bubble Babies to get a taster of our classes. Unfortunately this is unavailable for current swimmers regardless of venue changes.