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Terms and Conditions

Water Merlins Terms and Conditions

All customers are expected to abide by the terms and conditions set out below:In these terms and conditions, references to a “Customer” shall, where the context so requires, be references to (1) the person who books lessons; and/or (2) the person on whose behalf those lessons are being booked (the “Pupil”); and/or (3) any person who accompanies the Pupil to lessons. References to “we” or “us” are references to Mylnhurst Merlins Limited (t/a Water Merlins). References to the “School” are to Mylnhurst Preparatory School and Nursery.

By booking or attending lessons, all Customers agree to abide by, and to ensure that each Pupil for whom they are responsible abides by, the terms and conditions set out below:

General

  • All Pupils must be accompanied to lessons by a responsible adult (an “Accompanying Adult”). Accompanying Adults are responsible for Pupils at all times before and after lessons.
  • Customers must follow, and must ensure that each Pupil for whom that Customer is responsible follows, the pool procedures advised to them at the time of confirmation of their booking and the pool rules set out in these terms and conditions and in any notice at the premises or notified by staff.
  • Customers are asked not to stay on poolside once they have escorted Pupils to the lesson teacher unless their attendance is specifically required. A viewing area is available upstairs.
  • While it is the Customer’s duty to ensure that a Pupil is medically safe to swim, Customers should inform us at the time of booking and/or the class teacher prior to a lesson of any health issues/medical conditions that may be relevant. We reserve the right to refuse to provide lessons to Pupils where we believe the Pupil’s health issue or medical condition may restrict that Pupil’s engagement in the lesson. Subject to the limitations on our liability set out below, we will not be liable for any accidents or injuries arising from swimming with us that relate to a Pupil’s individual medical conditions.
  • For health and safety reasons, where a Pupil is suffering from diarrhoea and/or an upset stomach, that Pupil should be free of symptoms for at least one week before attending a lesson.
  • Lost property found on our premises will be kept at the Water Merlins office for a maximum of 2 weeks after which it will be disposed of.
  • Customers must adhere to the instructions given to them regarding car parking, entry and exit route to the swimming pool over School property. Use of any car parking facility provided by the School is entirely at the risk of the Customer. Customers must refrain, and must ensure that each Pupil for whom that Customer is responsible refrains, from entering other parts of the School grounds/buildings.
  • We respect your need for privacy and keep any information that you share with us in confidence. We do not store any information about your bank accounts or credit cards. We record your personal information only if you provide it to us when expressing an interest in our services. From time to time we may use this information to contact you in relation to other services we offer. We do not share this information with any third parties.
  • Occasionally we take photographs and video footage during lessons and use this for marketing purposes e.g. on social media sites and our website. Customers should notify us at the time of booking where they do not want their photographs or any photographs of any Pupil for whom they are responsible to be used in this manner.
  • All lessons will start promptly at the agreed start time. Up to 5 minutes at the beginning and end of each lesson may be used for administration purposes.

Lesson Booking

  • Lessons shall normally be once a week for the whole eight weeks of the Swimming Term. Bookings can only be made for a full term of lessons. A timetable of lessons for each term will be published on our website.
  • New Customers should seek guidance on how to book lessons via watermerlins.co.uk/book-a-place.
  • New Customers having completed the online enquiry form are contacted by Water Merlins staff who will advise on the suitable class for the Child or Children. Payment will be taken over the telephone and confirmation sent via email.
  • Existing Customers at any point during a Swimming Term can log on to the home portal and “top up” the payment for the next Swimming Term.
  • Payment for lessons must be made in advance of the first of those lessons Bookings are only confirmed once payment has been made.
  • Existing Customers will be asked by week four of each term if they wish to continue with the lessons next term. A place in a Pupil’s existing class will normally be held until week seven of that term. If payment is not made by such time, that place will then be offered on a “first come first served” basis to new Customers.
  • Customers shall ensure that all details provided when booking lessons are complete and accurate.

Refund Policy

  • In the event that a Pupil is unable to attend a lesson due to sickness or holiday, we are unable to refund that lesson.
  • In severe weather or if we are unable to run a lesson due to teacher absence or for any other reason, we will endeavour to contact Customers at the earliest possible opportunity and we will also publish details of any affected classes on our website – watermerlins.co.ukand social media as per the notice board. In the event we cancel lessons in such circumstances we will offer affected Customers a credit or an alternative lesson.
  • If a Customer cancels their booking up to 14 days before the start of a term, that Customer will receive a full refund less an administration charge of £20.
  • For cancellations made less than 14 days before the start of a term, we have a strict no refund policy.
  • Where Customers wish to change the times/date of a Pupil’s lessons for the duration of the term, they must contact us by telephone or in person at the Water Merlins office. Where an alternative lesson is available, we shall try to accommodate any request but shall be under no obligation to do so or to provide any credit/refund where we are unable to do so. Requests for changes to individual lesson times/dates will not be accommodated.
  • We reserve the right to change the lesson dates/times, course details and teachers at any time.
  • The taking of photographs and/or video footage by any unauthorised person on the School’s premises, including the pool, is strictly prohibited

Exclusion of Liability

  • The participation of Pupils in lessons and the use of the School’s facilities by Pupils and Customers for the purpose of attending or observing lessons is entirely at their own risk. We and the School shall under no circumstances be liable in any way for any loss or damage arising in any way from our swimming lessons or the School’s premises including, without limitation, for any:
    • purely economic loss, consequential or indirect losses or loss of profit or opportunity;
    • (where the claim is insured) loss which we are unable to recover from any insurer;
    • (where the claim arises as a result of something which was done or not done by a third party) loss which we are unable to recover from that third party; and
    • loss which is greater than the fee paid by the relevant Customer for the relevant course of swimming lessons.
  • Nothing in these terms and conditions shall limit or exclude our liability or the liability of the School for:
    • death or personal injury caused by our negligence or the negligence of our employees or agents; or
    • fraud or fraudulent misrepresentation.
  • In the event that a Customer, or a Pupil for whom that Customer is responsible, causes harm, damage, loss or injury to any other person or property, that Customer agrees to indemnify us and reimburse us for all claims, losses, damages, expenses (including reasonable legal fees), and any other liability suffered by us as a result of such harm, damage, loss or injury caused by that person.
  • Neither we nor the School shall not be liable for any loss or theft of any personal possessions, and all property left by Customers or Pupils in changing rooms, the car park or anywhere else on or in the vicinity of the School’s premises is done so at the Customers own risk.

Changes to Terms and Conditions

From time to time we may update these terms, by sending Customers either an updated version or notification of minor changes.

Governing Law

These terms and conditions, and any dispute of claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the Customer agrees that any disputes shall be resolved by the English courts.

Pool Rules

  • Pupils should arrive no more than 15 minutes and no less than 5 minutes before the start time for the lesson and leave no more than 15 minutes after the lesson to help improve changing room comfort.
  • We operate a strict nappy policy for Pupils not yet fully toilet trained. Nappies (including disposable swim nappies) must not be left on the pool premises.
  • All Pupils must shower before getting into the pool.
  • Food is strictly forbidden in the pool buildings. Refreshments are available in the Café area upstairs.
  • Strictly no outdoor footwear shall be allowed on the poolside or in the changing rooms.
  • Car seats and pushchairs etc. should not be left in the changing rooms or entrance foyer as there is not enough room for them.
  • Appropriate swimwear must be worn by Pupils and we have the right to refuse to provide lessons to any Pupil not wearing suitable attire.
  • Customers are responsible for their own safety, actions and behaviour, and that of any Pupil for whom that Customer is responsible, on any part of the School’s property including the pool and changing area.
  • We have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety. Customers must not, and any Pupil for whom that Customer is responsible must not, run or act inappropriately once within the pool vicinity.
  • Accompanying Adults are not allowed in the changing rooms whilst the pupils are changing unless the Pupil is of an age (under the age of eight years) where help is required from the Accompanying Adult or the Pupil requires additional specific assistance.
  • If Pupils require assistance or are over the age of eight years the Accompanying Adult must be the same gender as the Pupil.
  • Pupils under the age of eight years must use the changing room of the gender of the Accompanying Adult.