1. OVERVIEW
1.1 USwim commits to being clear, thorough and open in its Terms and Conditions. As such, please take the time to read through this information carefully. By making a booking with USwim, you agree to the Terms and Conditions contained herein and forms a legally binding contract between you and us.
1.2 USwim and USwim.co.uk are both a trading name of, and owned by, Meadowgate Ltd, a company registered in England and Wales (company registration number 14071709). Our registered office is Office 5, The Forest Rock Offices Leicester Road, Whitwick, Coalville, Leicestershire, United Kingdom, LE67 5GQ.
1.3 USwim, USwim.co.uk, “we”, “us” and “our” on this page and all others, including all sections of our Terms and Conditions, relate to Meadowgate Ltd. ‘You’ and ‘Your’ is used throughout this document to refer to the person making the booking, the person attending any lesson, session or course, and also where it is relevant, the parent, carer, guardian or other person or persons accompanying those attending in relation to the booking. ‘Lesson’ is used throughout this document to refer to any individual lesson, class, session, course of sessions or lessons relating to your booking
1.4 You are expected to abide by these terms and conditions at all times.

2. USWIM OBLIGATIONS
2.1 USwim treats any and all personal data shared with us with the utmost importance and confidentiality and we only use it for the purposes of providing a service to you, ensuring compliance with GDPR. Please refer to our separate privacy policy document for more detailed information on how we process your data and details of who to contact should you require further clarification, which can be found at https://uswim.co.uk/privacypolicy
2.2 Medical details that you supply are retained securely, shared only with the teacher where necessary for the sole purpose of ensuring safety during the lesson.
2.3 We both promote and adhere to Swim England’s ‘Wavepower’ policies and procedures for safeguarding children.
2.4 We both promote and adhere to Swim England’s Code of Conduct for Teachers and Coaches.

3. LESSON PAYMENTS & SUBSCRIPTIONS
3.1 USwim swimming lessons operate for 50 weeks, consecutively, across the year. Lessons have a break of 2 weeks over the Christmas and New Year Period.
3.2 All fees and payments for any swimming lessons must be made in advance of any lesson.
3.3 Any lesson, session or course booking is only confirmed once payment is received.
3.4 No participation of any swimmer in a lesson will be permitted unless payments have been made in full.
3.5 USwim reserves the right to refuse any lesson booking without any reason.
3.6 We ordinarily use GoCardless to process your Direct Debit payments for lessons. The method of processing will be clearly stated on our USwim.co.uk course booking page. You will be issued with an invoice emailed to you by GoCardless confirming the details and payment date of the lesson and another just before the lesson payment is taken.
3.7 To cancel an upcoming Direct Debit payment, you should contact your bank. Please be aware that one months’ notice is required for cancellation, as per your agreement with GoCardless.
3.8 Direct Debit payments remain the same amount for each calendar month, regardless of whether a month contains four or five weeks. As stated in 3.1, the Direct Debit payments equate to 50 weeks (lessons)
3.9 Each Direct Debit relates to one lesson booking per week.
3.10 USwim reserves the right to restrict access to lessons where any Direct Debit failed and where any other method of payment has not been made.
3.11 For any payments made by alternative methods, be aware that 3.4 applies in relation to advance payments.
3.12 GoCardless, though the Direct Debit Guarantee, protects your rights. For more information, please visit https://www.directdebit.co.uk/direct-debit-explained/direct-debit-guarantee/
3.13 We reserve the right to alter the cost of lessons at any time by giving those subscribed to Direct Debit a minimum of 10 days notice of this change.
3.14 We reserve the right to apply a membership / joining fee at any time.

4. LESSONS & PROGRESSION
4.1 USwim progresses all swimmers as part of any swimming lessons to the Swim England Learn To Swim Framework.
4.2 Each standard session relating to swimming lessons (unless otherwise stated) is allocated 30 minutes. Swimming Lesson time will be allocated a minimum of 25 minutes in the pool. This is to allow for registration, assessment, feedback and other necessary duties to be undertaken by the swimming teacher.
4.3 All Swimming Teachers are fully qualified, holding a valid Level 2 Swimming Teacher Qualification.
4.4 All Swim Assistants will be qualified, holding a valid Level 1 Swim Assistant qualification.
4.5 All lifeguards will be qualified, holding a valid RLSS NPLQ Lifeguard qualification.
4.6 All staff will hold a clear DBS background check.
4.7 USwim follows all teaching ratio guidance as stated by Swim England
4.8 Swimming Teachers have responsibility for all their allocated learner swimmers during the session times. You accept that your child is under the supervision, control and care of the Swimming Teacher, during the lesson.
4.9 No USwim staff are permitted to take learner swimmers to the toilet under any circumstances, but will signal and call upon the parent, carer or guardian who is responsible for the learner.
4.10 All swimming lessons commence promptly at the start time stated for the lesson and finish at the stated end time. Please be aware that in the event of a late arrival of a learner, the session will not be able to be extended, nor refunds given.
4.11 USwim Swimming Teachers progress learners in accordance with their judgement of performance against the standard of the Swim England Learn to Swim Framework criteria. Learners will be moved up stages once this criteria has been achieved and a suitable place on a session for the next stage has been identified. Spaces on the next stage sessions are sometimes not immediately available, but we will move the learner once one becomes available.
4.12 Progression through the stages is neither linear for all learners nor guaranteed, with some taking significantly longer, or alternatively less time, than others.
4.13 Any questions regarding a learners progression should be directed to the Swim Manager in the first instance, who will then discuss issues with the Swimming Teacher before responding.
4.14 In rare circumstances, USwim reserves the right to combine any classes where it is deemed necessary, at short notice, if we consider it safe and appropriate, in line with Swim England guidelines.
4.15 For consistency, we aim to ensure that the same Swimming Teacher is allocated to each particular session, however this may not always be possible. As such we reserve the right to replace a Swimming Teacher without notification. This may be for reasons such as illness, holiday cover or other unforeseen circumstances.
4.16 USwim will make all reasonable efforts to ensure suitable condition of the changing rooms, showers, washing facilities, pool and poolside. USwim does not accept liability for any injury to you which may be caused by any defect.
4.17 It is expected by USwim and agreed by you that there will occur physical contact between a Swimming Teacher and/or Swimming Assistant, and a Learner, for the purposes of professional support and assistance whilst in the pool. Any concerns in this regard should be addressed to the Swim Manager.
4.18 USwim will try to accommodate any request made by you for a change in session (eg day/time) or for an alternate Swimming Teacher, however this is not guaranteed and is subject to availability.

5. MISSING LESSONS
• REFUNDS
5.1 USwim will not refund any payments where you miss lessons or you decide to withdraw from any lessons.
5.2 We will not refund any payments for missed lessons due to sickness or holidays relating to you.
5.3 We will not refund any payments for missed lessons due to adverse weather where the locality and pool remain accessible.
5.4 We will not refund any payments for lessons where there has been a change of Teacher or other staff.
5.5 We will not refund any payments for lessons part of crash courses or other speciality sessions.
5.6 In the event of a lesson cancellation, the provision of an alternative / rescheduled lesson is detailed in 5.11, 5.12 and 5.13. We will not automatically refund any payments for lessons cancelled due to circumstances out of our control. These may include, but are not limited to;
5.6.1 Government Lockdowns
5.6.2 COVID 19 and/or Pandemics
5.6.3 Adverse weather conditions
5.6.4 Power cuts or interruption
5.6.5 Terrorism
5.6.6 ‘Act of god’
5.7 We will not refund any payments for lessons where you are removed from any lesson due to incidents or inappropriate behaviour (as will be determined by the Swimming Teacher), regardless of whether any suitable alternative arrangements can or cannot be made.
• CANCELLATION
5.8 USwim reserve the right to cancel any lesson at short notice where;
5.8.1 the pool or associated building are not fit for teaching swimming
5.8.2 there is insufficient staff support to deliver a lesson
5.8.3 there is an incident of pool contamination
5.8.4 there is any other reason beyond our control.
5.9 In the event of any cancellation, we will notify you as soon as practical using the method of communication which we believe to be most effective. This ordinarily is via text message and email, however if these methods are unsuitable for you, it is your responsibility to notify us in writing of the method best suited to you.
5.10 USwim will not either refund or make any compensation payments for failure to receive or read these messages for whatever reason.
5.11 We will attempt to provide an alternative and/or additional lesson in substitution for the missed lesson. In such a situation, no refunds will be offered.
5.12 Where you do not accept any alternative and/or additional lesson offered, we will refund that individual lesson at your request. USwim cannot be held liable for any other loss incurred or expense by you as a result of this cancellation.

6. TERMINATION
6.1 You may cancel your subscription at any time, in accordance with the GoCardless payment agreement. This will be in accordance with the 1 months notice requirement. Please additionally email us to confirm your intention to withdraw from lessons at swimmanager@uswim.co.uk
6.2 We are entitled to terminate your lessons where;
6.2.1 You have committed a serious or repeated breach of this agreement
6.2.2 Any Direct Debit payment has not been made and no alternative method has been used within 30 days the original amount due.
6.2.3 Any information in the application form is false.
6.2.4 You refuse to comply with any reasonable instruction from our staff.
6.2.5 Act with poor and/or inappropriate behaviour (as determined by us)
6.2.6 Damage any part of the building, fixtures, fittings or equipment.
6.2.7 Pursuant to 6.2.6 and 6.2.7, USwim is entitled to pursue recovery of cost in relation damages against you.
6.3 Under such circumstances, USwim is not obliged to accept you on any future lesson, at our discretion.

7. MEDICAL CONDITIONS & ILLNESS
7.1 Upon registering with us and booking onto lessons, there is a requirement to declare any medical or psychological conditions that you may have so that we are able to, for example, make any reasonable adjustments necessary for you, or to make sure that you are safe.
7.2 USwim keep all medical declarations confidential. This will only be shared with those who need to know, and which will include the Swimming Teacher for an awareness of needs.
7.3 We also require that you inform us in writing immediately if anything in the declaration changes at any point in the future. This includes pregnancy.
7.4 We also require that you declare any condition which may be communicable, infectious or harmful to any other person.
7.5 You will not be allowed to attend or participate in any lesson in such a circumstance and as such you should not attend any lesson whilst you are affected.
7.5.1 This includes, but is not limited to, ear infections, conjunctivitis, colds, diarrhoea, impetigo, chicken pox or cryptosporidiosis.
7.5.2 In cases of vomiting or diarrhoea, you must be clear of symptoms for a minimum of 48 hours. If you have symptoms of cryptosporidiosis, you must be clear of symptoms for a minimum of 14 days.
7.5.3 In any case, it is your responsibility to ensure that a doctor has confirmed that any condition has cleared, and you are able to reengage in lessons without risk to yourself or others.
7.5.4 It is your responsibility to follow an government guidance relating to any contagious diseases or illnesses, including COVID 19.
7.5.5 You must not attend any lessons if the government or other authority advise not to, or have symptoms, are awaiting test results or are self-isolating due to any contagious disease, including COVID 19 or similar.
7.6 USwim will not be held liable for infections which may be passed from any learner to another.
7.7 It is your responsibility to ensure you are sufficiently fit and well to undertake and participate in any lesson.
7.8 For conditions such as Athletes Foot or Verrucae’s, you must ensure that appropriate protective measures are taken, such as verrucae socks.
7.9 Where you experience illness or injury as part of a lesson, you authorise any first aid, lifesaving and medical care to be administered, at the discretion of the qualified first aider, lifeguard or medical staff.

8. USWIM RULES, INCLUDING CODE OF CONDUCT
8.1 We expect you to follow all rules and code of conduct to ensure standards are maintained, safety and wellbeing is a priority and your experience is as productive and enjoyable as possible.
8.2 The activity of swimming by its very nature and environment gives rise to dangers and it is important that you follow and obey any instruction given to you by a member of USwim staff to reduce any risks.
8.3 You assume any and all risk by accessing the pool and site in general.
8.4 Facilities which are accessed as part of your lesson, such as poolside, changing rooms and parking etc, are hired to us by the venue management and as such all of their rules, notices and other directions must be followed at all times.
• SAFETY
8.5 There is no smoking allowed anywhere on the site or pool area whatsoever.
8.6 Consumption of alcohol or illegal drugs is not permitted.
8.7 Items made of glass may not be taken onto poolside or into changing rooms at any time.
8.8 Dogs are not permitted on the site or within the pool building.
8.9 You are not permitted to run in any part of the building. You are required to take care when walking on poolside or in changing areas as they may be slippery when wet.
8.10 If you have a medical issue which requires medication to be present on poolside (such as an inhaler), ensure you inform and present it to your swimming teacher who can keep it close by during the lesson. It is your responsibility to collect this after the lesson.
8.11 In the case of an emergency, learners and spectators should immediately stop and await instruction from USwim staff or venue management.
8.12 In the event of evacuation, you should exit the building by the closest emergency exit as directed by USwim staff. You should not take any belongings from poolside or anywhere else. The meeting point will be clearly identified.
8.13 Abuse, threats or assaults on any staff will never be tolerated. These will be reported to USwim directors for action and we reserve the right to involve the authorities where necessary.
8.14 You should shower before getting into the pool, ensure that all make-up, hair products and/or body lotions are removed so as to help to keep the water clean.
8.15 You should not bring prams or buggies or car seats onto the poolside area or into the changing rooms.
8.16 Children aged over 8 years should change in the correct changing room for their gender.
8.17 Children that are not toilet trained are required to wear a suitable ‘aqua nappy’ under their costume. You should dispose of these nappies in the appropriate bins in the changing areas.
8.18 Standard children’s nappies should never be used in the pool.
8.19 You should ensure that any young children use the toilet before commencing a lesson.
8.20 You should refrain from communicating to or distracting the teacher or lifeguard or swimmers during lessons.
• GENERAL
8.21 Photography or video recording is not permitted at any time during a lesson, without express permission from USwim.
8.22 Photography or video recording is strictly not permitted at any time in the changing rooms or toilet areas.
8.23 We retain the right to demand any photography or video recording taken by you without permission be deleted.
8.24 The use of mobile phones on poolside is prohibited.
8.25 If spectating or waiting on poolside, you are required to wait quietly to avoid any disruption and maintain a safe environment. You are required to respect the venue, obey rules and any signs.
8.26 USwim does not accept responsibility for any swimmer, learner or child until entry to the pool as part of the lesson under the swimming teachers’ control, and after collection of the swimmer at the end of the lesson. You have responsibility before and after the swimmer’s lesson times from arrival to departure, in any part of the building, including changing rooms and any other areas.
8.27 Any children that are not participating (i.e., siblings etc) must be supervised at all times by you.
8.28 No food or drink is permitted to be consumed in the pool facilities, including changing areas.
8.29 No litter may be deposited at any part of the facility.
8.30 No outdoor footwear is to be worn unprotected on poolside. You are required to wear disposable shoe coverings that we provide you in order to maintain hygiene.
8.31 You are required to arrive in a timely manner to allow for prompt starting of the lesson. 5 minutes before a lesson is sufficient maximum time.
8.32 Spectators are required to remain seated in the spectator seating to avoid unnecessary distractions to learners and teachers.
8.33 Spectators (responsible adults) should remain on poolside during the lesson, so as to be able to facilitate any toilet requirements of minors.
8.34 Learners should be collected promptly upon the lesson finishing, so that teachers or staff are allowed to attend to their next lessons efficiently.
8.35 Learners who are minors will only be allowed to be collected from poolside by their stated appointed responsible adult.
8.36 You will notify us of any change of address or other contact details, such as email addresses or mobile or other telephone numbers, to enable efficient and essential communication with you.
8.37 You must use any parking facilities in line with guidance provided by the site, to not cause hazard or obstruction in any way or otherwise cause issues for car park users or others.
8.38 USwim does not make undertakings as to the availability of car parking spaces. In addition, you should allow for sufficient time to find alternative parking should any car park be busy or full.
• SWIMMERS (CHILDREN & ADULTS) CODE OF CONDUCT
8.39 You should ensure that any swimwear is appropriate and fit for purpose. This includes appropriate fitting and are designed for swimming purposes and not hamper movement or create any risk whilst swimming.
8.40 You should bring towels for learners to poolside.
8.41 You should not enter the pool until the Swimming Teacher instructs you to do so.
8.42 You should tie back long hair or use a swim cap.
8.43 We highly recommend the use of colour coded swim caps based on the swimming stage of the learners and you should not wear a colour cap which misrepresents your stage.
8.44 The use of a swimmers own swimming goggles is permitted at your own risk. USwim reserve the right to ask for removal of them where this hinders a lesson or distracts from a certain skill, unless there is a medical reason provided by you beforehand.
8.45 For those with visual impairments, we recommend the use of corrective lens goggles, at your own risk.
8.46 You should remove plasters and hair clips before swimming due to risk of coming off during the session.
8.47 You should remove any jewellery or watches before entering the pool as they form a hazard, unless used for religious purposes and informed to us in writing in advance of the lesson.
8.48 You are forbidden from chewing gum during lessons.
8.49 You must inform the Swimming Teacher if you decide to leave the pool or poolside before the scheduled end of the lesson.
8.50 You are advised to shower after the lesson.
• BEHAVIOUR
8.51 Where your behaviour is unsatisfactory, the Swimming Teacher has the right to remove any learner from a lesson.
8.52 This unsatisfactory behaviour may include, but not limited to;
8.52.1 Disruption
8.52.2 Refusal to obey instruction.
8.52.3 Acting in an unruly manner
8.52.4 Causing damage to the facility or equipment.
8.52.5 Causing nuisance or annoyance
8.52.6 Being negligent
8.52.7 Putting themselves or others at risk.
8.53 You indemnify USwim and associated employees, directors and others from all losses, costs, claims, demands, proceedings, or any other liability howsoever incurred by us as a result of any breach by you of these rules as contained in sections 8.51 and 8.52 (including 8.52.1 to 8.52.7) of these Terms & Conditions.
8.54 Where a learner causes cancellation of a lesson or individual class, at our discretion, we reserve the right to apply a penalty for loss of income for this activity.

9. DISCLAIMER
9.1 USwim has a duty of care to you, you too are expected to have a duty of care to yourself and others, whilst attending lessons, whether participating, spectating or otherwise. Specific care and attention is required within the pool and surrounding associated areas as the nature of the activity and environment has inherent risks such as, and not limited to, drowning.
9.2 USwim will not accept liability for loss of or damage to any personal effects brought to any lesson. As such we request that no valuable items are brought to the swimming lessons.
9.3 USwim will not accept liability for any property left in changing rooms, or on poolside, and any and all property left in any part of the building or elsewhere. Anything left is entirely at your own risk.
9.4 USwim will not accept liability for any damage to any personal possessions or other property, or any property damaged during lessons.
9.5 We will not be liable for any loss, damage or injury whilst on pool premises.
9.6 As per 4.16, relating to the condition of the changing rooms, showers, washing facilities, pool and poolside, USwim does not accept liability for any injury to you which may be caused by any defect. We further advise that any claim arising from such a defect must be addressed to the proprietors of the pool premises.
9.7 USwim, its employees, directors or contractors do not accept any responsibility for any death, injury or loss suffered, nor damage to any part of the swimming pool or facilities, car park or any adjoining lands, buildings or boundaries, caused by you or your agents, whether attending or observing Swimming Lessons.
9.8 Parking at any venue is at your own risk. USwim does not accept any liability to your car or your personal possessions.
9.9 Any application or practice of our lessons content outside of our lessons under Swimming Teacher control, now and at any time in the future, is the full responsibility of you.
9.10 USwim and the pool owners cannot accept any responsibility for any incident that was the sole responsibility of the swimming teacher in charge of the lesson in which the incident occurred. In such cases, full liability is with the teacher delivering the lesson.

10. GENERAL TERMS & EXECUTION
10.1 USwim and you warrant to each other that they have the necessary power and authority to execute, deliver and perform the Agreement and become bound by it.
10.2 Each of the provisions of the Agreement shall be separate and severable. Should any provisions be held by a court of competent jurisdiction to be invalid or unenforceable it shall be severed from the Agreement and the remaining provisions of this Agreement shall continue in full force and effect.
10.3 No waiver by a party of any breach or default by any other party of the Agreement is effective unless reduced to writing and signed by the party making such waiver in addition to which any such waiver does not constitute a waiver of any other continuing breach or default under this Agreement.
10.4 Nothing in or arising out of the Agreement is to be taken as constituting a partnership, joint venture or agency between the parties.
10.5 Any failure by USwim to enforce any of its right at any time and for any reason shall not be deemed a waiver by USwim of its rights under the Agreement.
10.6 USwim may assign or transfer the Agreement without the consent of you provided that your rights under the Agreement and your statutory rights shall not be prejudiced or affected by such transfer.
10.7 The Agreement is subject to English Law.

11. THIRD PARTY RIGHTS
11.1 No third party including for the avoidance of doubt any child, dependant of, or family of you (including a learner) shall have any rights under the Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

12. CHANGES TO THE TERMS AND CONDITIONS
12.1 USwim may update its terms and conditions from time to time by publication to the USwim website at uswim.co.uk.
12.2 If you are not happy to accept the changes, you should notify USwim in writing of your non-acceptance within 14 days of publication of the changes. Failing any such communication from you, USwim will deem that you fully accept the updated agreement and terms.
12.3 It is your responsibility to check for changes to the Terms and Conditions.

13. COMMUNICATION
13.1 USwim are happy to discuss any of our Terms and Conditions, our Code of Conduct and the Disclaimer stated above, at the time of your booking.
13.2 Communication between you and us is welcome and any issues should be raised with the swim manager in the first instance. Please do not approach the Swimming teachers while lessons are in progress.
13.3 The Swim Manager will be the person to resolve any poolside issues. Any problems or issues should be conveyed through them.
13.4 USwim welcome your feedback. If you have any questions or concerns in regard to a lesson, please inform us immediately by the Swim Manager who will be on duty, or by emailing us at swimmanager@uswim.co.uk at the earliest opportunity.

Revision : Version 3 – 25/4/2023