UK Swimming Terms & Conditions

A reference to “us/we/our” in these terms and conditions refers to the Water Babies franchise which has provided these terms and conditions to you. A reference to Water Babies shall be a reference to Water Babies Ltd, its group companies, and/or franchises. The Water Babies programme is available from birth and encompasses Water Babies classes and Swimvincible classes. Both Water Babies and Swimvincible classes are delivered by Water Babies. We ask that you accept our Terms and Conditions online when you first sign up with us. If you have not signed these Terms and Conditions prior to your first lesson with us, then it will be accepted that you have agreed to them by attending your first lesson.

Booking

Our courses run throughout the year in accordance with our published swimming dates. The dates are available to view in the parent portal – your My Water Babies account https://my.waterbabies.co.uk. When signing up to Water Babies for the first time, details of the course you are booked onto including the day of the week, time at which you will swim, and the venue will have been agreed with you in advance. Once agreed, you will swim on the same day of the week and at the same time and at the same venue for the duration of your subscription except on scheduled non swimming dates. After signing up to Water Babies, you will be sent a confirmation email detailing the booking information. If you wish to check the scheduled swimming dates including the scheduled non swimming dates, you can view these in your My Water Babies account https://my.waterbabies.co.uk. A Water Babies subscription enables you to continue swimming with us until you reach the end of our full programme, your subscription will continue each month until you choose to end that subscription. This means that, unless you inform us that you wish to stop swimming with us, in accordance with the Refunds and Cancellation section below, your monthly payments will be taken as set out below. Monthly subscription payments are calculated based on the cost of the lessons scheduled in the forthcoming month.

Taking Payment

Your first payment will be charged at the time of booking and a credit/debit card payment will be taken to secure your space. When you make the first payment you will receive email confirmation of your initial booking. Thereafter, unless we have agreed with you otherwise, all monthly subscriptions need to be paid on the first working day of each month if paying via Direct Debit or on the first of each month if paying by credit/debit card. When you pay for classes with your credit/debit card, your card details are stored on a secure payments system operated by a third party. By providing your card details you grant us a continuous payment authority to enable us to debit the card when necessary.

If you do not wish for us to be able to use your card details in this way, please inform us in writing via email. If you choose to pay the monthly subscription by Direct Debit you are protected by the Direct Debit Guarantee. We use a third-party company to process these Direct Debits on our behalf. Details of our supplier and their terms of business will be provided when we confirm to you that your Direct Debit mandate has been successfully set up. If you grant us a continuous payment authority (as above) you authorise us to use the payment card details you have logged with us to debit the amount due for the monthly subscription in circumstances where a Direct Debit payment is not successful.

Alternatively, you may choose to pay the monthly subscription using your debit/credit card (instead of setting up a Direct Debit). If you grant us a continuous payment authority, you authorise us to use the card details you have logged with us to debit any payments due (including any monies owing for a cancellation period). If you have explicitly chosen to not grant us a continuous payment authority, we will need to receive payment on the first working day of the month by Direct Debit. Whenever your account details change, or you wish to change the way you pay you can update this in your My Water Babies account by visiting https://my.waterbabies.co.uk.

If the course is being paid for by someone other than yourself, you are responsible for informing that person of our payment policies, deadlines etc., and relaying any communication regarding payments of any sort. Please note if payments are not received in accordance with the conditions set out above, you risk losing your place on the course. Should you owe us payment for lessons you are not allowed to attend lessons. Once your payments are up to date you will be allowed to attend lessons again, but you will not be entitled to a refund or catch-up lesson(s) for any lessons missed due to non-payment.

Changing Class Times and Venues

If during your swimming journey you need to make changes to your swim day, time, venue, or area we
would ask that you contact us with as much notice as possible so that we can work with you to find an
alternative. We will do our utmost to accommodate you but unfortunately cannot guarantee it. Where we
can accommodate any such changes, we will tell you whether making the changes will result in a change in
the cost of your lessons.

Alternatively, it may be that we contact you regarding a change in your class time and venue. As time
progresses you may find your class size reducing (as parents return to work etc.). Once a class has
become too small for us to operate effectively, we will 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, times, or venue, we will
endeavour to give you as much notice as possible.

If you are not happy with the new dates, times, or venue you may cancel your subscription in accordance
with the Refunds and Cancellation section below.

Refunds and Cancellations

New Clients

Although the right to cancel under the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 does not apply to Water Babies, when you first become a Water Babies
client, you may cancel your contract with us either (a) within 7 days of the date you received a copy of
these Terms and Conditions, or (b) prior to 14 days before your first course begins and we will refund
any money you have paid to us.

Current clients

After the cancellation period for new clients, or once the date has passed of your first scheduled lesson
(regardless of whether you attended that lesson), then you are classed as a current client.

To exercise your right to cancel, you must inform us of this in writing by email using the contact details
provided by your local office. Our cancellation policy is based on a full calendar months’ notice period.
When we receive your written notice, your subscription will end on the last scheduled lesson in the
following month (For example, if you give notice at any point in January, your subscription will end on the
last scheduled lesson in February).

We will send you an acknowledgement email to confirm the date that your subscription will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.

Once you have given us your notice in writing you do not need to cancel your Direct Debit or continuous
payment authority, we will cancel your monthly subscription payments for you and email to confirm this has
been completed. Depending on when we receive your cancellation notice there may be a further payment
due to cover any lessons remaining in your notice period. We will debit any monies owing in line with the
cancellation period on the day you give written notice.

If a pool cannot be used in the short term we will endeavour, where possible, to re-schedule your lesson. In
this instance we are not responsible for any travel expenses incurred. If lessons are cancelled, we will
reschedule lessons where possible by adding in an extra lesson date. When this is the case, you will be
notified accordingly.

Your attention will be drawn to any changes to lesson dates, and you will be asked to let us know within 2
weeks if you are unable to attend these revised lesson dates. If we don’t hear from you at this point, we will
assume that you accept the revised lesson dates.

If you are unable to attend the revised dates and have let us know within 2 weeks of receiving these new
dates, your account balance will be updated with a credit for that lesson. In the event of us having to cancel
a lesson and being unable to reschedule, we will also apply a credit to your account balance for that
lesson.

Where a pool is not available more than one week, on public health or other grounds outside our control,
then we cannot be responsible for providing any further lessons to you during that time. If this occurs, and if
it is not possible to reschedule the classes, we will either refund the unused balance of your subscription or
recompense you in services or refunds against a future booking.

We are under no obligation to credit, refund or transfer your money if for any reason you are unable to
attend any lessons that have been paid for. This includes lessons due to be delivered during your notice
period.

Catch-Up Lessons

If you are unable to attend your lesson (i.e., you have an upcoming holiday), as a gesture of goodwill Water
Babies we will endeavour to offer 2 catch-up lessons per year. Your catch-up allowance cannot be carried
over, it expires at the end of each 12-month block.

We will do our utmost to accommodate you with booking a catch-up lesson, but unfortunately cannot
guarantee it. Catch-up lesson tokens will expire after 6 months from the date of absence.
We need prior notice for the swim date you are unable to attend so that we can find a suitable alternative
class.

Whilst we’ll try our very best to offer you a convenient catch-up lesson, there may be circumstances where
the only suitable class for your child may be further away, it will still be with your usual Water Babies
franchisee. In this instance, we are not responsible for any travel expenses incurred. It may be at a different
venue, day, or time, or with a different teacher to your usual weekly class.

We’ll aim to offer you a catch-up lesson that is of a similar age and level to your usual class. There may be
occasions where your catch-up lesson may cover things that you’ve already done or may contain some
new content that your own class hasn’t reached yet.

If having let us know you cannot attend your normal lesson, your circumstances change and you are able
to attend that lesson, you must let us know in case another catch-up lesson has been booked in your
space. Please do not turn up to your normal lesson as the class may be full and for insurance reasons you
and your child will be unable to enter the pool.

If for an unforeseen reason, we must cancel the class you’re booked to catch-up in, we’ll contact you to
reschedule your catch-up lesson. Unfortunately, if you can’t attend the catch-up lesson(s) we offer you or have booked in for you, we are not able to re-arrange. The offer of a catch-up lesson is a gesture of goodwill and has no cash value. Catch-up lessons can only be attended by paying customers who have an active subscription.
Adverse Weather We are under no obligation to refund lessons that may be missed due to local adverse weather when the venue and environs are safe and accessible, and lessons are held. We regret that we are unable to offer
automatic refunding or rescheduling of lessons in the event of adverse conditions local to you which
prevent you from attending a scheduled class.

Video and Photography

Whilst the family atmosphere we encourage means that parents, grandparents, and friends should feel very
comfortable taking photographs or video footage, we would ask that everyone remains sensitive to the
feelings of others should some families not feel comfortable with this. If someone in a class asks that there
be no videos or photos taken, the teacher will inform the class and filming/photography must stop
immediately and without incident.

We must also adhere to pool rules at individual venues, some of which do not permit the use of such
equipment. If this is the case with your pool, we will have informed you separately and ask that you respect
their policy. In all instances the decision of our staff is final. No underwater cameras or underwater
recording equipment of any description may be used during a Water Babies lesson.

Water Babies continually strives to improve the teaching standard of our workforce and we, on occasion,
video record a lesson being taught by a teacher. The camera is focused on the teacher and the video
recording will only be seen by the teacher and their assessor. The video will not be used for anything other
than for the teacher to gain feedback from their assessor. Once the teacher has qualified, the video will be
securely destroyed.

Water Babies expressly forbids the right to reproduce any part of our lessons in any form (e.g. on the
internet, DVDs, photographs, etc.). Anyone suspected of continually filming or photographing the lessons
for any purpose of publication or for any purpose whatsoever will be asked to stop filming, delete the
footage/photographs, and leave the course. Water Babies cannot be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed “Video and Photography” by any party.

Underwater Photo Shoot

Whilst swimming with Water Babies you will be offered the opportunity for you and your child to take part in
an underwater photo shoot. You can book a space on one of our photo shoots at any time during your
journey with Water Babies, subject to availability. There is an upfront fee for booking of the photo shoot, which includes all of your time in the water. This fee will need to be paid in full prior to attending the photo shoot and your booking on to one of our photo shoots will not be confirmed until full payment has been received. After the photo shoot, all usable images taken on the day will be edited to a high standard before they can be viewed and purchased on our online portal.

Once payment of the booking fee has been taken from you and your booking has been confirmed, you
have the right to cancel your booking within 14 days of the date of payment of the booking fee without
giving any reason and get a full refund. The cancellation period will expire after 14 days from the date of
payment of the booking fee. To exercise the right to cancel, you must inform us of your decision to cancel
your booking in writing by a clear statement (e.g. a letter sent by post or email) sent to your local office
using that offices usual contact details.

We will not provide you with a photo shoot during the 14-day cancellation period unless you specifically ask
us to. If you would like us to provide you with the photo shoot within the cancellation period you should
contact your local office, using that offices usual contact details, who will send you a link to an electronic
confirmation form for you to complete requesting that we provide you with the photo shoot within the
cancellation period.

By requesting that we provided the photo shoot within the cancellation period, you acknowledge that if you
subsequently cancel during the 14 day cancellation period, you shall be entitled to a full refund minus an
admin fee if you cancel before the photo shoot has taken place. However, if the photo shoot has already
taken place within the cancellation period, you acknowledge that you shall lose the right to cancel and shall
not be entitled to a refund.

If you do not request that we provide you with the photo shoot within the cancellation period, we will not be
able to provide the photo shoot until the cancellation period has expired. We are not obliged to accept your
request. If you cancel in accordance with the above, we will reimburse to you all payments received from you unless you requested for us to provide the photo shoot during the cancellation period, in which case you will
receive:

(a) a full refund minus an admin fee if you cancel before the photo shoot has taken place; or
(b) no refund if you lost your right to cancel because the photo shoot was carried out during the
cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we
are informed about your decision to cancel. We will make the reimbursement using the same means of
payment as you used for the payment of the booking fee. If you change your mind after the 14 day cancellation period has ended but before the photo shoot has taken place then you can cancel your booking and request a refund which will be issued minus an admin fee provided that we have been informed of your decision to cancel more than 48 hours before the day of the photo shoot. Given the bespoke nature of the photos, no refunds can be issued after the photo shoot has taken place.

We always ensure that your child is ready to attend one of our photo shoots to ensure they will be
comfortable on the day and have the best opportunity to get great images. If for any reason we feel that
your child needs more time before attending, we will offer you a place on our next available photo shoot at
no extra charge. There will be a number of photo shoots a year in your area however we reserve the right to vary the time at which they take place. We reserve the right at any time and at our sole discretion to re-schedule or cancel any scheduled photo shoot.

If you are unable to attend due to illness or other unforeseen circumstances then in the first place we will
look to book you onto the next available photo shoot. If you are no longer swimming with us or have
suitable reason which precludes you getting in the pool then a refund will be offered.
If you are unable to attend a re-scheduled shoot or any of the alternatives offered and provided we are
notified accordingly more than 48 hours before the day of the re-scheduled shoot a full refund will be
offered.

By attending the photo shoot, you acknowledge that we will process the resulting data (images) of your
child as will other Water Babies approved suppliers participating in the production of your child’s
photographs. Processing the images involves the capture of the photographs, transfer of the images to
storage devices and online to a secure website. The images are sent to a processing house where they are
refined. You will be able to view and purchase all useable images of your child on our online portal after the
photo shoot usually within 5 days, although exact times may vary. The purchase of images of your child is
subject to the terms of purchase contained within our online portal at the point of purchase.

Every child is unique as will be their images from the day, so we cannot guarantee the results or that they
will always match your expectations. We will however use our skill and expertise to capture the best
possible images we can on the day. We guarantee the images you receive will be a minimum of 24” x 16”
@300ppi in size and in JPEG file format. We cannot provide images in any other format (such as RAW).
Photographs taken at the photo shoot may be used for internal training and quality assurance purposes
and you consent to our using the photographs and sharing them within our group and franchise
businesses. If we retain photos for these reasons, they will not be used for any other purpose without your
explicit consent.

All Water Babies photography, logos and illustrations are the copyright of Water Babies. Any scanning or
reproduction of any of the above without our written agreement will be regarded as being in breach of our
copyright. The copyright of a photo remains with the photographer, in this instance Water Babies Ltd. You will receive the right to reproduce and copy your images for personal use only (a permission document is available on
the gallery website along with your images which can be presented to any print company at the time of
requesting the reproduction). You are not given the right to use these images for the promotion of any
business, service, charity or social group. Water Babies images cannot be used in the production of any
marketing materials including but not limited to websites, brochures or press articles without the written
permission from Water Babies in advance. Water Babies reserves the right to approve the use of any
Water Babies images in situ before publication. Water Babies images should not be defaced or
manipulated beyond scaling for print.

Illness

Should your child or the adult taking your child into the water have, or develop, any known or suspected
medical condition, please consult your doctor before swimming.
In the event that your illness is contagious and may affect other swimmers, you must inform our office in
writing via email or by marking yourself as absent in your My Water Babies portal, and we may share basic
information about this risk with other carers. All information received is treated in confidence and with
sensitivity.

Never bring your child swimming if they have any illness such as an ear infection, diarrhoea, vomiting,
chicken pox, impetigo, conjunctivitis, a bad cold or if you have Covid–19 symptoms or have been asked to
isolate. Please wait until your doctor has given the all-clear before returning to classes.
Please ensure that any sickness/diarrhoea symptoms have completely cleared for at least 48 hours before
your lesson, or 14 days if a gastrointestinal bug has been diagnosed by a medical professional.
Our teachers may refuse entry to the pool if they reasonably believe that your child is not well enough to
participate.

Nappies and Changing your Baby

In Water Babies classes, without exception, all babies/toddlers, regardless of age or whether they are potty
trained, must wear our double nappy system: either reusable cotton nappy or a disposable paper swim
nappy with a Happy Nappy® on top. Babies wearing any other attire, including wetsuits or warmers, etc.
must still wear a Happy Nappy® and disposable paper swim nappy.
In Swimvincible classes, all children, regardless of age, must wear suitable swim attire. No swim nappies
are required in these classes.

We reserve the right to refuse entry to any child who is not suitably attired. Always change your child on the floor using a suitable changing mat. Do not use any raised areas such as benches, trolleys, or tables. This is to prevent children from rolling or falling onto the floor from high surfaces. If you are physically unable to change your child on the floor, then please contact your local office so alternative arrangements can be organised.

Please take all your used nappies away with you unless a clearly marked bin has been provided. Never
leave nappies in an open bin (including those within the venue grounds).

Pool/Poolside Health and Safety

During Water Babies lessons, one adult is required in the pool with each child. During Swimvincible
lessons, no adult is required in the pool with each child, children partake in lessons independently under
the supervision of the teacher. There may be some lessons with an option for adults to partake in
Swimvincible classes, you’ll always be notified of these in advance.
No outer footwear or prams should be taken onto poolside or into changing rooms. Please use blue
overshoes (if available) or go barefoot.

Please always endeavour to shower both yourself and your child before entering the water. Removing body
lotions, perfumes etc and showering before swimming contributes significantly to maintaining water quality.
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.

You 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. For Water Babies classes, children should always be under the
direct supervision of an adult and never be left unattended. For Swimvincible classes, children should be
under the supervision of an adult until the lesson begins and as soon as the lesson has ended. An adult
should always be present on-site during the lesson. Please remember that children running on wet surfaces
can very easily slip and hurt themselves. Water Babies reserves the right to ask anyone to leave the
poolside at any time. Local age restrictions for spectators may apply and you will be informed of these
when booking on.

Always adhere to pool rules at individual venues.

Unfortunately, in Water Babies classes, 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. However, we are
happy for other members of your family, friends, or child minders to bring your child to classes. Anyone new
to the class must let the teacher know at the beginning of the session, including any health issues, so they
can provide the extra help and advice that will be needed.

Should a lesson already be in progress or about to start and have to be cleared on the grounds of health
and safety then we are under no obligation to refund the lesson or part thereof.

Venue Information

You have been sent information relating to the venue that you will be swimming in. This information
includes important Health & Safety points. Please read the information in full.

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. Water Babies cannot accept any responsibility for the loss or damage of
any personal possessions. Please remove all jewellery (except wedding rings) before entering the water.

Teachers

Whilst it is our policy that we endeavour to ensure you always have the same teacher, we cannot
guarantee this as teachers fall ill, require cover, 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.

We are committed to providing a safe and respectful environment for all our customers. Any form of sexual
harassment or inappropriate behaviour towards our staff or other customers will not be tolerated. We
reserve the right to take appropriate action, which may include immediate termination of services, if such
behaviour is observed or reported.

Withdrawal of Service

Water Babies may at its own discretion refuse entry to a client to its courses if it is felt that the client’s
behaviour or the behaviour of those associated with the client is unreasonable or becomes an issue of
health and safety.

Safeguarding

Water Babies is committed to providing good child safeguarding practice for all our swimmers and we have
adopted the Swim England Safeguarding Policy – Wavepower, a copy of which is held by the Water Babies
Office or can be viewed and downloaded from www.swimming.org. Our Water Babies policy is one where
we accept that good safeguarding and fair play is paramount for all our swimmers.
If you have a question or concern regarding child welfare, there is a dedicated helpline for Swim England
Safeguarding Team on 01509 640 700 (Option 1 for Swim England then Option 3 for Safeguarding).
Alternatively, you can contact the Water Babies safeguarding officer at safeguarding@waterbabies.co.uk.

Medical Conditions

Prior to swimming, you will be asked for any existing medical conditions (include any disabilities) for either
yourself, any another carer who may swim in the lessons and the child booked into the lessons.
It is vital that you inform us of any medical condition(s)/disabilities that you, your child, or the carer
responsible for taking your child swimming may have that might affect your/their time in the pool. All
information received is treated sensitively and in confidence.

If you are unsure whether any illness or injury may affect your, your child’s, or their carer’s ability to swim,
please refer to your General Practitioner, Health Visitor, Paediatrician or other health professional.
Should you become aware of a medical condition or disability after signing up to lessons, it is your
responsibility to update your information in your My Water Babies portal or via the office.

By agreeing to our terms and conditions you are agreeing to take responsibility for the fact that anyone who
brings your child swimming who has an illness, injury etc. will, if necessary, have taken medical advice
before coming. Please ensure that they also give the teacher any necessary information on the day.
All people bringing children swimming with Water Babies take ultimate responsibility for their own and their
child’s medical/health issues and will be deemed by Water Babies to have taken all necessary advice and
obtained the appropriate authority. Informing Water Babies of an adult’s or child’s medical condition does
not relinquish this responsibility.

Exclusion of Liability

Due to the nature of swimming, there are risks, however small, associated with participating in swimming
and related activities and whilst Water Babies undertakes to exercise all reasonable care, Water Babies
cannot and does not warrant or guarantee the absolute safety of our swimmers. Therefore, subject to what
is set out below, your participation, or that of your spouse/partner, your child, or those in whose care you
have placed your child at Water Babies swimming sessions is done so entirely at your and their own risk.
If we breach these Terms and Conditions or are negligent, we are liable to you for foreseeable loss or
damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it
was either clear that such loss or damage would occur or you and we both knew that it might reasonably
occur, as a result of something we did (or failed to do).

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage caused by a
delaying event outside our control, any loss or damage not caused by our breach or negligence, any loss or
damage you could have avoided by taking reasonable action or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our
negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not
allow us to exclude or limit.

Data Protection

Water Babies Ltd, its group companies and franchisees are committed to protecting your privacy (please
visit our website to see our privacy notice). We will only use the information that we collect from you lawfully
in accordance with the General Data Protection Regulation (“GDPR”) and in accordance with the privacy
notice detailed on our website at dev.waterbabies.co.uk/privacy/privacy-notice.

Changes to Terms and Conditions

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.

Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims)
arising out of or in connection with it or its subject matter or formation shall be governed by, and construed
in accordance with the law of England and Wales.

Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales