“Class(es)” means a Baby Squids class or lesson
“Baby Squids” means Baby Squids 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 Squids 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 Squids 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 Squids 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 Squids to teach Classes. Whilst every effort will be taken to maintain the consistency of the Swimming Teachers during the Term Baby Squids 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 Squids and the Parent
“Website” means the website at https://www.babysquids.co.uk
2. Acceptance of Terms
All agreements and issues relating to the teaching of the Classes by Baby Squids 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 Squids 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 Squids and payment has been made to Baby Squids by or on behalf of the Parent.
3. Fees & Payment
The Parent shall pay the Fees for the Term to Baby Squids prior to the Pupil commencing a Term.
The Fees are not refundable under any circumstances whatsoever other than with the written consent of Baby Squids.
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. We will notify you each term, by re-enrolment email, and advise when your payment will be taken by Direct Debit. If you are not continuing you can let us know and no payment will be taken, and your Direct Debit cancelled.
Baby Squids may cancel this contract at any time before the Pupil commences a Term, for any reason whatsoever. Baby Squids shall not be responsible for any loss or damage whatsoever arising from such cancellation.
If a pool is unavailable on a longer-term basis (in excess of one week), on grounds outside our control (not including operational issues with the pool), then we cannot be responsible for providing any further lessons to you during that time. Regrettably we are unable to refund or credit classes in this situation.
4a. Money Back Guarantee for New Customers
Here at Baby Squids, we are so sure you will love your classes that we offer a money back guarantee after your first lesson, we can only offer this before your second class so that we can offer classes to our waiting list. If you wish to cancel please do call or email our team who will arrange for a manager to call you back so that we have the opportunity to gain feedback as to what wasn’t right so we can make it better!
4b. Cancellation Charges
If you cancel your classes after payment has been taken but before your classes start we will refund the total course fee minus a £5.00 admin charge. This includes those customers who are re enrolling.
After the first class of term Baby Squids is under no obligation to refund your money in the event that you are unable to attend part of or the entire course. 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.
4c. Cancellation due to adverse weather conditions
Pool closures in adverse weather – we do not offer any refunds for closures relating to adverse weather conditions. We will help to try and arrange a catch-up class in this situation but we cannot guarantee this.
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 Squids.
It is the Parent and/or Carer’s responsibility to inform Baby Squids 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 Squids 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 Squids determines the behaviour of the Pupil and/or the Carer to be unacceptable, Baby Squids 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 Squids 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 Squids.
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 Squids will not allow others to photograph or film children during a Baby Squids 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 Squids 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 Squids 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 Squids may take photographs of Pupils whilst engaged in Baby Squids activities for teaching purposes; for assessment purposes or as a means of celebrating success within Baby Squids. 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 Squids 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.
Preschoolers. In our preschool classes the children enter the water by themselves and the teacher will be in the pool with them. The teacher takes responsibility for your child during lesson time in the water, but cannot accept responsibility for them if they leave the water for any reason, i.e. visit to the toilet.
Parents must remain in the pool area for the duration of the swimming lesson and are responsible for their safe supervision at all times.
The Parent and/or Carer agrees to keep the content of the Baby Squids 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 Squids while the Pupil is a member of Baby Squids and for a period of one year afterward.
9. Limitation of liability
The Parent and/or Carer agrees that any claim made against Baby Squids 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 Squids to the Pupil, Parent and/or Carer will not exceed the Fees.
Neither Baby Squids 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 Squids, 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 Squids, 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 Squids against all loss (including loss of profit), liability, cost and expenses which Baby Squids 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.