Kernow Hydro
These Terms and Conditions shall apply to all bookings made with Kernow Hydro and Fiona Louise Myers Tonkin, both trading as Kernow Hydro, The Track, New Portreath Road, Redruth, TR164HN, hereinafter known as "the Company". Please read these terms and conditions carefully before booking a Session with us. You should understand that by making a booking with us, you agree to be bound by these terms and conditions.
By booking a Session with us, the Customer warrants that (a) they are legally capable of entering into binding contracts and (b) they are at least 18 years old.
In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by us in writing.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"the Agreement" means the agreement entered into by the Customer and the Company once the contract between us is formed, which incorporates these Terms and Conditions;
"Booking" means the booking of the Participant on the Session including, but not limited to, setting the dates and agreeing the Fees;
"Customer" means you, the person, parent or legal guardian who makes the Booking for the Participant;
"Session" means any swimming course, session or individual class for which the Booking has been made;
"Fees" means, collectively, all sums charged in accordance with Clause 4 of these Terms and Conditions;
"Participant" means the person attending the Session; and
"Website" means www.kernowhydro.co.uk.
Unless the context otherwise requires, each reference in these Terms & Conditions to:
"we", "us" and "our" is a reference to the Company;
"you" and "your" is a reference to the Customer;
"writing" and "written" includes emails, text messages and contact via our social media platforms;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
"these Terms and Conditions" is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
a Clause or paragraph is a reference to a Clause of these Terms and Conditions
a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender. References to persons shall include corporations.
In the absence of any proven negligence, lack of due diligence or breach of duty by the teacher(s), Kernow Hydro, or its employees, 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 Kernow Hydro sessions is done so entirely at your and their own risk.
Kernow Hydro may at its own discretion refuse entry to a customer to its classes if it is felt that their behaviour or the behaviour of those associated with them is unreasonable.
From time to time we may update these terms and conditions by sending you either an updated version or notification of minor changes. You are free to not accept these changes but we would ask you to notify us in writing of your non acceptance within 14 days of your receipt, failing which we will be entitled to treat our agreement with you as being subject to the updated version.
Classes are 25 mins and run to schedule, please be ready, showered and waiting 5 mins before your timetabled class. If you arrive late, you may not have access to the change rooms and be asked to wait for another class as coming in late is not only a distraction for those in class it can be stressful for your child too.
As time progresses you may find your class size reducing (as parents return to work etc.). Once a class has become too small to function properly, we may need to merge it with another. We try to keep class times as similar as possible but unfortunately cannot always guarantee this. If the merger of your class with another results in a change of your class dates or times, we will endeavour to give you as much notice as possible.
Whilst it is our policy that we endeavour to ensure you always have the same teacher, we cannot guarantee this as teachers fall ill, leave etc. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your class. They are always fully trained at this point, but need to teach a series of 'live classes' in order to complete their assessment process. Unfortunately we cannot give advance warning when this may happen and, whilst we always try to limit it, it is a necessary part of our commitment to quality.
Classes can be booked by email, in person or on our website and are termly.
The booking will not be deemed confirmed until the registration process has been completed by you. This is a binding contract to pay for the term, these roll over and we ask that you notify us 2 weeks before the start of the next term if you wish to withdraw.
If the booking is made by any method other than through our website, you will be required to register online with us, ensuring all details we hold are complete and correct.
The legally binding contract between us, which includes these Terms and Conditions, will be formed once this registration process is completed.
You will receive an email confirmation of your booking and advice regarding payment once your booking has been confirmed by a member of staff. Your statutory rights are not affected.
In order to give existing Kernow Hydro customers priority for classes each term, we use a re-booking system. This means that, unless you inform us that you either wish to change day or time, or alternatively that you wish to stop altogether, we may re-book you onto the next course during the current term. In order to ensure your place, we recommend that you set up payment using the direct debit system and when required, pay the deposit prior to the deadline.
During the last 2 weeks of each term, we will send you details of classes for the following term via email. This will outline the dates and times of the classes during the next term and the total cost of the term fees, non payment may result in cancellation.
If you do not wish to be re-booked for any new term it is imperative that you inform before the end of the current term otherwise you will be charged an administration fee.
You will be asked to declare any existing medical conditions for either yourself, another carer who may swim in the lessons and the baby/child booked into the lessons.
You agree to inform us of any changes, including pregnancy, as soon as you are aware of them.
All information will be kept strictly confidential.
Should you, your child or the adult taking your child into the water have, or develop, any known or suspected medical condition that could be exacerbated by or contagious in the pool environment, you must please consult your doctor before bringing them swimming and inform us. All information received is treated in confidence and with sensitivity.
Never bring yourself or your child swimming if you/they have any illness such as but not limited to; an ear infection, diarrhoea, vomiting, chicken pox, impetigo, conjunctivitis, a high temperature. Molloscum contagiosum MUST be completely covered with waterproof plasters/bandages.
Please wait until your doctor has given the all-clear before returning to classes. In the instance of sickness and diarrhoea your child must have been clear of all symptoms for at least 48 hours before attending a lesson.
Our teachers & staff may refuse entry to the pool if they reasonably believe that you or your child is not well enough to participate.
Kernow Hydro is committed to providing good child safeguarding practice for all our swimmers and we follow the STA Safeguarding Policy -- which can be found at https://www.sta.co.uk/policies/safeguarding-policy/ Our Kernow Hydro policy is one where we accept that good safeguarding and fair play is paramount for all our swimmers.
Whilst the family atmosphere we encourage means that parents, grandparents and friends should feel very comfortable in viewing the classes, taking photographs or video footage is not permitted at any time from the CCTV screen.
During sessions we occasionally take pictures. We would like to be able to use these photographs for promotional and publicity purposes. Please inform us if you do not consent to our sharing of any photographs on the internet, on social media or in any other promotional material.
Although the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Kernow Hydro, when you first become a Kernow Hydro customer, you may cancel your contract at any time prior to rebooking deadline. Should you cancel within 14 days prior to the first-class date (up to 5.30pm the evening before) we will issue a refund minus the administration fee.
In the unfortunate event that the pool cannot be used in the short term, we will endeavour, where possible, to reschedule your lesson. In the event of us having to cancel a lesson we will either give you a class credit for the following term.
Where the pool is not available on a longer-term basis (in excess of one week), on grounds outside our control, then we cannot be responsible for providing any replacement lessons for those missed, so will offer a credit, or use some or all of this amount as a deposit for the next term.
We do not refund if you choose to discontinue classes once the term has commenced and the whole term fee is due.
At managements discretion we will credit or transfer classes for medical or extenuating circumstances.
Customers are responsible for themselves/their children/their patients at all times.
It is the customer's responsibility to inform their teacher or a staff member of health issues or anything else that could affect their or their child's capabilities in the pool, and enjoyment of Kernow Hydro classes/sessions. You agree to inform us of any changes, including pregnancy, as soon as you are aware of them. All information provided will be treated confidentially.
Nappies (including disposable swim nappies) must be taken away with you and not left at the pool premises.
Customers may not run on the side of the pool or enter the pool or pool area without prior permission of a member of staff.
Customers must adhere to any pool notices posted around the pool area.
Customers should aim to arrive at the centre 15 minutes before the class to ensure they have sufficient time to be ready for their class to start
Customers are asked to enter the changing rooms no earlier than 15 minutes before the start of their class, and leave no later than 15 minutes are their class has finished, to help improve changing room comfort and reduce congestion.
Whilst you are waiting for your class, please keep poolside noise down to a minimum so that all lessons can take place in a calm and peaceful atmosphere. Do not enter the pool until the current class has finished; please always wait to be invited to do so by your teacher.
Pushchairs etc should not be left in the changing rooms and a member of staff will advise you of where they can be safely left. We have designed our changing rooms with babies in mind, so baby car seats can be taken in and left in the changing area when needed.
Food is forbidden in the pool area including the changing rooms.
Smoking is forbidden in any pool building and pool/track grounds.
Strictly no outdoor footwear is to be worn past the door through to the changing rooms and pool area.
You must not bring your child to a class for at least 48 hours after being clear of any symptoms of illness, sickness or diarrhoea, or at least two weeks after being clear of symptoms in the very rare event of cryptosporidiosis. If in doubt seek medical advice, and check with your teacher prior to entering the class.
We have supplied suitable baby changing benches for your use, but please be mindful of others and clean up any accidents your child may have whilst using these.
Please never leave a child unattended at any point in the changing rooms or pool area. They are your responsibility at all times, unless being left for the Oz Squads classes, in which case, please ensure that they have been seen by the teacher prior to you leaving them there.
All swimmers must rinse under the shower prior to entering the pool.
If showering afterwards, please DO NOT USE any body wash, soap or hair products in the showers.
Lost property found in the pool area or anywhere else at the centre, it will be left in the lost property box to the right of reception, this will be donated to charity at the end of term if things are not collected.
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. Kernow Hydro cannot accept any responsibility for the loss or damage of any personal possessions. Please remove all jewellery before entering the water.
We respect and value your privacy and also the security of your data. Information that you give to us when contacting us will be used only for the provision of the services. This will include sending you relevant promotional emails regarding products and services offered by us. Should you wish to opt out of this please contact us.
Notwithstanding the above, we reserve the right to take and use photographs and videos from the Session, and testimonials given by you, in marketing literature, on social media and on our website. Any such photographs and videos shall remain our property. Please contact us in writing if you do not consent to this usage.
Should you wish to take photographs or videos during the Session, you must inform us in advance so we can obtain the consent of all Customers and Participants. We have a strict policy regarding this and in the event that one or more Customers or Participants refuses consent, we cannot allow the taking of the photographs or videos. Anyone refusing to comply with this will be asked to leave and the cancellation clause will apply.
We will never share your personal data with any third parties for any reasons without your prior consent. Such data will only be collected, processed and held in accordance with our rights and obligations arising under the provisions and principles of the Data Protection Act 1998 and GDPR guidelines. We will hold your basic data for a period of 7 years for tax purposes.