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.
Please take your time to read through our terms and conditions carefully. By signing up to lessons with Kernow Hydro, you are agreeing to the terms and conditions set out below.
Definitions of words used in the Terms and Conditions
Kernow Hydro
, We, Us Kernow Hydro
You - the customer
Guardian - a person other than the parent who brings the child to
the lesson
Provisional booking a space which is held for the swimmer without
payment
Catch up class - a class that holds no monetary value, which is
being taught at a different time due to the original class being cancelled by
the customer
Make up class - a class that holds monetary value which is being
taught at a different time due to the original class being cancelled by
Kernow Hydro
Booking Conditions
We can provisionally book you into a class and hold the space for the maximum of 24 hours upon receipt of your booking invitation. You must complete the direct debit mandate emailed to you within 24 hours of receiving your booking invitation to secure your place.
You can use our parent portal to look for another time and day. However, we cannot guarantee any specific space(s). Payment must be made on the agreed date each calendar month. Failure to do so will result in your space(s) being taken by a swimmer on our waiting list.
Payment Conditions
Your first payment will be taken by direct debit within 5 working days of completing the direct debit mandate. Your first payment will ensure you have enough credit in your account, so you are always paying for lessons in advance. Your first payment may be up to 8 lesson fees.
In addition to your monthly subscription, Kernow Hydro have an annual membership cost of £20 per year, per swimmer. This will be taken on your sign-up anniversary each year.
If your payment fails for any reason, this may result in you losing your space or a charge may be added to your bill.
Further payments are accepted by direct debit only.
Direct Debit subscriptions pay for 3.5 lessons per monthly transaction (12 months x 3.5 = 42 lessons per annum) and will begin after your upfront payment on the date specified in your booking invitation. Your subscription date will be the 5th each month, unless agreed otherwise, and the first date will be given to you upon sign up.
A receipt can be requested but is not given out at the time of payment.
An email will be sent to confirm booking with details of the class enrolled for and class details can always be found on your parent portal.
Late payments or missed payments may incur a £10.00 charge. Refunds will be given if any payment is taken in error and in accordance with the Direct Debit Guarantee.
Prices may change with a minimum of 4 weeks notice given and these changes will be communicated by email and text to all customers.
Direct Debit Payments
By completing the direct debit mandate, you are allowing Kernow Hydro to take automatic payments for your swimmers lessons until such time you cancel this authorisation.
The email address you register your direct debit with must also be on record with your Kernow Hydro booking. This is your payment reference and failure to ensure we have the correct email address may mean your payment is delayed or missed being recorded. It may mean we cannot discuss your payments with you until we have the account holders authorisation.
Kernow Hydro will notify you when signing up to your parent portal the initial payment and reoccurring payment amounts, as well as verbally by phone. This will also detail the agreed payment dates.
The amount taken from your account will reflect your total lesson cost over 42 weeks (the total number of weeks Kernow Hydro run lessons annually). This cost will be broken down in to 12 equal monthly payments, meaning each monthly fee pays for 3.5 lessons.
After your initial payment, subscriptions will be made on or just after the 5th of each calendar month. This date will be agreed with you upon signing up.
Any discounts or credits agreed with Kernow Hydro will be applied to your direct debit payment. These will have no cash value.
Any late or missed payments may incur a late payment charge of £10 and could result in your swimmer losing their space.
Lesson Conditions
All classes are 30
minutes long unless specified otherwise and run for 42 weeks a year.
We reserve the right to cancel classes due to unforeseen circumstances, if a
lesson is cancelled we will offer a make up class.
Lessons will be taught by teachers who are trained in how to deliver Kernow Hydro's approach and teaching scheme. All teachers are DBS checked.
During the lessons the swimmers parents/ guardian must be within the vicinity for the duration of the lesson.
All customers must respect and follow the rules of the site you are swimming at. Complaints made about swimmers to us could result in losing your space at Kernow Hydro.
Whilst we always try to ensure you have the same teacher, Kernow Hydro reserve the right to change your swimmers teacher at anytime to suit operational needs. This includes reasons such as but not limited to: illness, leave, personal reasons or swimmer pairings. This will not affect your lesson day or time without prior agreement with you.
Changing, Cancelling or Suspending Classes
You can change your time and day of lesson, subject to availability. This can be done via your parent portal and the class transfer section.
We can suspend your classes due to exceptional circumstances, however we can only hold the space(s) you are suspending (this must be sent in writing for approval).
If you miss a class for any reason and did not remove yourself using your parent portal with 24 hours' notice, including acts beyond your control, you are not entitled to a refund or a catch up class.
Only swimmers which remove themselves from their class via the parent portal, giving 24 hours notice of a class that is to be missed, will be entitled to a catch up class. A credit will automatically be added to your account when you remove yourself from your lesson. Catch up classes are subject to availability and outside the control of Kernow Hydro, as they are generated by other swimmers not attending their lesson and removing themselves via the parent portal.
To cancel your swimming lesson with Kernow Hydro, you must put your request in writing with a minimum of 7 working days before your next subscription date. Requests after this date may result you in being charged another monthly fee.
Once we have received your written request, we will confirm your final lesson date within 7 days. We will total up all lesson fees paid, including any make up classes owed on your account, and deduct the number of swimming weeks during the period you were with Kernow Hydro.
This will determine your 'swim out' or notice period. Your final lesson date will be given to you in writing and is based on when your account balance reaches £0.00.
Make Up Classes
If Kernow Hydro have to cancel lessons for any reason, we will notify you as soon as possible by as many means as possible in the circumstances. This may be via phone, text and/or email.
For any classes that are cancelled by Kernow Hydro, through no fault of their own, these will be offered as make up lessons. We will look to offer you additional opportunities to attend a lesson to utilise this make up session during your time with us. If we have been unable to find you a suitable make up lesson prior to ending your journey, this credit will be added to your account when calculating your notice period so you have additional weeks swimming at your normal day/time.
Early Termination
If, for any reason, a customer does not wish to see out their notice period with Kernow Hydro - they do have the option to request an early termination of the contract.
This would mean Kernow Hydro would look to find a new swimmer to take your place and once this has been done, you will be entitled to any remaining credit from the date the new swimmer started being refunded, minus a 20% early termination charge.
Kernow Hydro cannot guarantee any swimmer that we will be able to fill their space in order for them to terminate their contract early.
Catch Up Class Policy
To qualify for a catch up class you must give 24 hours notice and remove yourself from your lesson via the parent portal. Availability for catch up classes is found on your parent portal. This will show all classes at your swimmers age, level and lesson type (eg 1-2-1, 2-2-1, P+C)
Catch up classes should be booked via the online portal and have a 12-month expiry from the date of the missed class.
Catch up classes are offered on a first come, first serve basis. Catch up classes are a gesture of good will. Fees cannot be transferred over or refunded if a suitable catch up cannot be found.
It is the parents responsibility to book catch up sessions. Our office team are available for support and bookings cannot be made directly with teachers.
If no catch up class can be found then the missed class is lost. Kernow Hydro can only accept a booking for a catch up class if the level and age of your swimmer suitable matches that of the other child in the class.
If a catch up class is cancelled for any reason by Kernow Hydro, your account will be credited back with a catch up lesson.
Catch up classes can only be taken whilst swimmers have an active Kernow Hydro account or prior to the catch up class expiry date - whichever comes first. All accounts are deactivated 3 months after your final swim date.
Swimwear
Swimmers must wear appropriate swimwear at all times. Swimmers 'potty training' or that are under 2 must wear a swim nappy at all times.
No Jewellery, make up, hair products to been worn in the pool. Swim hats must be worn at all times.
Parents must supply the swimmers goggles.
Behaviour
We reserve the right to remove a swimmer from the lesson if their behaviour is affecting the smooth running of the class. Swimmers of all ages must be accompanied to lessons by their adult carers and handed over to their teacher. At no point should swimmers be left unsupervised.
All swimmers and parents must follow any site specific rules at the venue at Kernow Hydro teach. This will be communicated to you upon sign up. We ask all parents to wait in the designated waiting room, where possible, during lessons to ensure we know where to find you in the event of any incident.
Photography
If you wish to take video or photography of lessons you must adhere to our strict terms.
You are only permitted to photograph or video your own child. Without prior agreement, you may not have any other swimmer, teacher, members of the public or customers in the photo or video. Kernow Hydro and parents reserve the right to ask to see any photo or video taken to confirm that our terms have been adhered to if there is any concern and can ask you to delete the media if it does not meet these terms.
Please remain sensitive to other customers wishes and stop filming if asked to.
Kernow Hydro forbid any photo or video content to be used to reproduce content of our lessons.
In all instances, the decision of Kernow Hydro staff is final.
If any venue has its own photography and/or media policy, this will supersede all Kernow Hydro terms on photography and video.
Health and Safety
You must not bring your child swimming if they have any illness that could be spread to other swimmers or teachers. Please do not bring your children to lessons for 48 hours if they have been suffering from sickness or diarrhoea. If you inform in advance about any lesson you cannot attend, you will qualify for a catch up class.
We recommend changing your baby on the floor on a suitable changing mat. We do not recommend any raised areas such as benches or tables. This is to prevent babies from rolling on to the floor from high surfaces. Kernow Hydro cannot take responsibility for any injuries if customer choose to use the changing tables provided by certain facilities.
If it the responsibility of the parent to disclose to Kernow Hydro any condition that could impact your child's capabilities in the pool.
Safeguarding
Kernow Hydro want to provide a fun, safe and happy environment for all their swimmers. We therefore as a company adopt the Swim England policy for safeguarding children - Wavepower.
For full details on the policy, please see the link below. We encourage all parents, guardians and anyone involved in your children's swimming journey to take the time to read this document to help us safeguard our swimmers. http://www.swimming.org/swimengland/wavepower-child-safeguarding-for-clubs/
Lost Property
All property left within any pool building or grounds including but not limited to: car park, entrance, spectators' area, changing rooms and poolside area, is left at your own risk. Please ensure you have all your belongings with you before you leave.
Any lost property found will either be kept by Kernow Hydro for up to 3 weeks or given to the swimming venue. If not claimed, these items may be disposed of and Kernow Hydro cannot be held liable.
Swim Scheme and Progression
Our swim scheme is designed around children learning to swim in a natural way. There will be no use of swim aids to teach your child to learn to swim.
Children in semi private lessons will be paired based on their age and ability as closely as possible unless you request otherwise. There may be some difference between swimmers levels and Kernow Hydro will continually monitor this and discuss progress with their teacher. Lessons may be changed subject to availability.
Kernow Hydro cannot predict the rate at which any child will progress or learn to swim. All children learn at different speeds.
Data Protection and Privacy
In order to book lessons with Kernow Hydro, we will require you to register your details and your child(ren) with us.
This information is for sole us by Kernow Hydro and will not be shared with any third parties unless required to do so for the booking process or where we are legally required.
Data
We currently hold the following data about you and the swimmer that attends our classes.
All data above is stored on our own secure sever and only Kernow Hydro staff have access to this data.
Use of Data
We store your data for a service reasons, rather than promotional. The following data is used for:
We have always welcomed customers contacting us to check what information we hold and change it as they see fit - this will continue and is best done by contacting your site manager.
From time to time, we may send you some offers and discounts specific to Kernow Hydro services that may have legitimate interest to you. If at anytime you feel these offers are not, please contact our operations manager who can discuss this with you.
Data Sharing
We do not share any of your personal information with any other business or company.
Promotions
We do not send out other promotions or offers for any other companies or businesses to your phone number or email address unless you have chosen to opt in for marketing. We may send you occasional offers that are services offered by Kernow Hydro. Other offers may be posted on our Facebook page from time to time, if you're interested - please give us a like!
Opt In or Opt Out?
As a customer you are not required to opt in or out of any of our services. However when you leave Kernow Hydro as a customer, we are required to keep your data safe. We will only send you marketing information if you have ticked to opt in. At the end of your journey, you can choose to stay on our mailing list or opt out by asking us to remove you from our database.
Offers and Discounts
There will be a selection of offers and discounts for new and existing swimmers but these are subject to availability and will have their own terms and conditions. New swimmers are defined as children that have never had a lesson with Kernow Hydro before.
Recommend-a-friend credit is an on-going offer from Kernow Hydro. Any existing customer that introduces a new customer to Kernow Hydro classes will see both awarded £10 credit towards future payments. This offer can be used in-conjunction with our third child offer but not other promotions. The offer has no cash value and quoted upon booking.
Third Child Half Price. Any family that has three siblings enrolled with Kernow Hydro will have their cheapest class rate automatically discounted by 50% each calendar month.
Kernow Hydro reserves the rights to cancel or withdraw offers as they see fit. Kernow Hydro works with a select group of business partners to bring a selection of great promotional offers, these are valid for new bookings only and the referral must be quoted at the time of booking.
All offers, discounts and promotions are subject to availability.
Complaints Procedure
If, for any reason, you are not happy with any aspect of Kernow Hydro lessons or service. Please email or phone our support team in the first instance with details.
If the response from your support team is not satisfactory, please forward a written copy of your complaint to info@kernowhydro.co.uk.
We reserve the right to change our terms and conditions at anytime. This will take effect from the time it is posted on our website. It will be communicated to all swimmers if applicable.