GENERAL TERMS AND CONDITIONS
Key Principles
All activities will be conducted within the framework of the Clayesmore Safeguarding Policy and child protection requirements.
Notwithstanding the previous point all parties are to remain fully cognizant of their responsibilities as regards the safeguarding of children.
The safety and wellbeing of Clayesmore students will always be the priority and the School reserves the right to remove public use should they deem it necessary to do so.
Definitions
The School - Clayesmore School and any person authorised by them to perform any particular duty.
Responsible Person - includes the Duty Manager and any other member of staff authorised by them to perform any particular duty.
The Centre - Clayesmore Sports Centre, its grounds and car parking areas which are under the control of the School.
Club - any bona fide club, association, society, team, or organisation, also including unofficial groups of people that are not registered with a Governing body, who are using, or requesting to use the Centre or its facilities.
Hirer - the person making an application on behalf of any club, the person signing an application, or an authorised club official.
Minor Events - all single bookings that require the use of one area, not constituting special events shall be treated as minor events.
Special Events - all single bookings costing £200 or more, or lasting for more than half a day, or involving more than 150 people, or where the activity involves more than one area of the Centre.
Block Booking - a booking of the Centre’s facilities for an activity which continues for 6 or more sessions.
Venue – in all correspondence, advertising etc. the Centre shall be referred to as “Clayesmore Sports Centre” and where necessary the full address shall be referred to as under clause 5.
TERMS AND CONDITIONS
Sports Centre’s Responsibility
The Responsible Person carries out regular inspections of all parts of the Centre.
All relevant risk assessments are in place and communicated to all staff members.
Staff Members are aware of the Standard Operating procedures (SOP’s) and Emergency Action Plan (EAP’s)
All equipment is inspected regularly and any defects reported. If necessary, the piece of equipment will be taken out of operation
The pool water is tested every 4 hours and corrective action taken if recordings are not within the required parameters
Memberships
For all memberships your contract is with Clayesmore School.
For our Direct Debit members, we collect on the 1st of each calendar month or the nearest working day after this. If a direct debit is returned by your bank unpaid, we have the right under BACS regulations to re-present a request for this payment at any point without notice but within one month of the original charge.
We offer a heavily discounted non-refundable Annual Memberships for customers wanting to commit for 12 months; this membership cannot be cancelled or transferred once purchased.
A membership may only be used by the named person who holds the membership record. Should any other person be found to be using a membership held by another, the membership will be at risk of being blocked or further access to facilities denied. Usage will be monitored and if abused, the membership may be cancelled with no refund provided for any unused part of the membership.
We reserve the right to terminate a membership at any time without notice.
Should your personal details change, please notify us immediately. The details we hold for you will be used to communicate electronically or by letter with you as per BACs regulations. You can make changes in the profile area, or you can notify us in the centre.
Payments
These terms and conditions shall apply to all contracts entered into by the Centre. No addition to or variation of or exclusion of these terms and conditions or any of them shall be binding on the Centre unless confirmed expressly and specifically in writing by the Centre.
These terms and conditions shall prevail over and override any inconsistent terms and conditions whether express or implied contained in or referred to in the Hirer’s acceptance or in any correspondence between the parties or elsewhere. Any agreement to the contrary is expressly excluded and extinguished.
No contract shall come into existence between the School and the Hirer unless and until the Hirer shall have offered to hire the Facilities the Equipment and the Personnel by signing and delivering to the Centre the Booking Form and the Hirer shall have received from the Centre a booking confirmation letter signed on behalf of the Centre.
Fees are payable on booking.
Fees can be paid directly through the booking system or at reception on request.
Fees are charged for booked sessions whether the attendee attends or not.
PERSONAL PROPERTY, INJURY, ILLNESS AND DEATH
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional.
The School will not accept liability for damage to, or loss of any property, articles or things whatsoever, placed or left in the Centre.
Subject to the final paragraph of this section, we will not be liable to you for any loss or damage you may suffer where the same is attributable to:
Your own fault
A third party unconnected with our provision of services under this agreement; or
Events which neither we nor our suppliers could have reasonably foreseen or forestalled even if we had taken all reasonable care.
Nothing in these terms and conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence or for fraud, fraudulent misrepresentation or any other liability which cannot be excluded by law.
BEHAVIOUR POLICY
Our aim is to ensure all visitors have a safe welcoming environment. Our team will encourage socially acceptable behaviour using clear, consistent and positive strategies. All visitors attending our sessions are encouraged to:
Use socially acceptable behaviour.
Comply with the rules set out by the Clayesmore Sports Centre.
Respect one another, accepting differences of race, gender, ability, age and religion.
Ask for assistance if it is needed.
Listen to the team members and follow the guidelines for each coached activity.
Abuse, both verbal and/or physical, against a member of staff or another visitor will not be tolerated.
PRIVACY POLICY
For details of how Clayesmore uses the personal information you provide, please see our Privacy Policy, on our webpage https://www.clayesmore.com/.
ENQUIRIES AND FEEDBACK
For all direct debit membership administration enquiries please contact us using the enquiries option.
For all other member enquiries and activity bookings please contact us using the appropriate option on our booking portal or via email to sportreception@clayesmore.com
LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of England. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and your use of the site confirms your agreement to this jurisdiction. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
If any of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent to which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
REGISTERED OFFICE
Clayesmore School a company incorporated and registered in England and Wales
with company number 00359779 whose registered office is at Iwerne Minster, Blandford,
DT11 8LL . Registered Charity Number: 306214
Swim at Clayesmore
LESSON FEES
Course fees for group lessons or private lessons are stated on our website at the time of booking. Swimmers will not be allowed to participate in any swimming lessons until the fees have been paid in full. Any charges we receive for returned payments will be charged at £20.00
DIRECT DEBIT PAYMENTS
TBC
CANCELLATIONS
If you would like to cancel a booking you may do so by contacting us in writing at any time before your first lesson. You will receive a refund of tuition fees paid, less a 20% administration charge.
However, after this period we cannot provide credits or refunds. If we are able to, we will move the booked lessons to a different time or day, only when there is space to do so.
MEDICAL CONDITIONS AND INDIVIDUAL NEEDS
Clayesmore cannot accept responsibility for any medical condition or additional needs of any swimmer unless a full disclosure of these details has been made to the swim team by the swimmer, or the parent or guardian of the swimmer when first registering the swimmer for lessons, or following any medical condition being confirmed during a course of lessons.
VALUABLES
Clayesmore does not accept liability for the loss or damage of any personal effects brought onto the premises and therefore we request no valuable items are brought to the swimming lessons. We do not currently offer a locker facility in our Sports Centre.
ATTENDANCE
Swimmers, and all of their associates must observe the Sports Centre’s entry rules and respect all other rules whilst using the facilities.
Clayesmore staff shall retain the right to refuse admission should these rules not be respected.
It is imperative that swimmers arrive at the Sports Centre no more than 5 minutes before the commencement of each lesson and collected (in the case of younger swimmers) at the time of lesson finish. Their responsible adult must remain in the Sports Centre for the duration of the lesson.
Should your child have additional needs you may be asked to remain poolside to support your child.
No refund or “catch up lesson” will be offered where a child fails to attend or refused permission to attend, unless a prior agreement has been made with the swim teachers.
TEACHERS
Clayesmore will endeavour to provide the same teachers for the same lessons in subsequent terms to allow for consistency. However this can not be guaranteed.
All of our teachers are Swim England or STA qualified.
BEHAVIOUR
In the event of a swimmer or one of their associates refusing to adhere to an instruction from a member of Clayesmore staff, behaving in an unruly manner towards a member of staff or any other person, or causing damage to the premises, any of the furniture, fixtures or equipment , the swimmer shall not be permitted to continue with their lessons. Claymore has the right to terminate the contract without further notice and without being required to offer any credit or refund to the swimmer. The swimmer shall not be accepted on to any future courses.
Should the behaviour of any swimmer result in the disruption of learning by other swimmers in the group, the swimmer will be asked to leave the pool and not be allowed to continue with that session. Should the swimmer’s behaviour continue to disrupt subsequent lessons, this swimmer will not be allowed to continue with their lessons and Clayesmore will terminate the contract without further notice and without being required to offer any credit or refund to the swimmer. The swimmer shall not be accepted on to any future courses.
Transmissions of infections
Any swimmer known to be or found to be suffering from any infectious ailment or condition will not be allowed to participate in the lesson. It is the responsibility of each swimmer or (for children) the parent or guardian of the swimmer to ensure that they are fit and well enough to participate in their lessons. Clayesmore will not accept any liability for any infection passed to another swimmer on the course or in the pool.
Rules and Regulations
Swimmers must shower before entering the pool.
Children ages 8 years and above should get changed in the correct gendered changing rooms. Adults are not permitted to enter the opposite gender changing rooms.
No swimmer should enter the pool area without a member of the swim team being already present.
No food or drink is allowed poolside.
Clayesmore is a no smoking or vaping site, all visitors to the site must respect this rule. This includes car parking areas.
Under no circumstances should outdoor footwear be worn poolside. Should you be required to go poolside you must remove shoes and socks or place shoe covers over your footwear.
No recording, filming or photography is permitted inside the Sports Centre. This includes on mobile phone devices.
By signing up to any of the Clayesmore swim lessons, you are agreeing to abide by these Terms and Conditions.