QUESTIONS?

If you have questions or would like more information please contact:

 

Emma MacDonald
emmamacdonald@swimdynamics.co.uk

07770 483063

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© 2017 Swim Dynamics. All rights reserved.
Swim Dynamics Limited is a registered company. Registered at Companies House on 8 June 2015. Company no: 9603478.

Address: 74 Woodside Road, Lower Woodside, Beds, LU1 4DQ, U.K.
Tel: 07770 483 063

Site design: Marbles Design

 

SWIM DYNAMICS TERMS & CONDITIONS

Company No. 9603478
 

These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of the website, pools, other products or services including any external event of Swim Dynamics Limited trading as (“us” “we” “our” “Swim Dynamics”). Please read these terms and conditions carefully. By accessing and using our website, any content and features therein and purchasing or using any products or services on this site or at an external site (together, our Services), you indicate your acceptance of these Terms, our Privacy Policy (has its own section on the website) and any other notices, guidelines and rules published by us. You are granted a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site by Swim Dynamics so long as you comply with these Terms and Conditions and any modifications.
 
Please do not use our website or Services if you disagree with any part of these terms and conditions.
 
AGREEMENT
 
By using the Swim Dynamics/Mind Body Websites, I agree to the following:
 

  1. I agree and acknowledge that I am fully aware that participation in the ‘Activity’ involves risks and I accept all the risks of participating, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

 

  1. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Services. “Released Party” means Swim Dynamics, or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, any instructor or teacher employees or volunteer staff. I agree and acknowledge that:

 

  1. I am in proper physical condition to participate in or use the Services, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death.

  2. if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.

  3. I am aware that it is advisable to consult a physician prior to participating in or using the Services. If I have consulted a physician, I have taken the physician’s advice.

  4. I understand that these terms and conditions cover any activity in any pool venue used by Swim Dynamics or external event run by Swim Dynamics or any Released Party.

  5. I will notify coaches immediately of any pain and/or major discomfort felt during any activity.

 

  1. I accept full responsibility for any product or technology loaned to me as part of participation in or using the Services and commit to return the same in good working order.

  2. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

  3. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.

  4. I agree not to sue any Released Party for Claims I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

  5. I am aware that there is no obligation for any person to provide me with medical care during any activity. I understand and acknowledge that there may be no aid stations available for the activity.

  6. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of any activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.

  7. No warranties or representations have been made to me about the Services which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnify.

  8. From time to time, any Released Party may offer inducements to prospective and existing customers to attract business or to increase their business. These offerings may be limited to certain dates and time periods, physical locations, or service types and quantities. The offers may be withdrawn at any time without notice and without any recourse to the Released Party.

  9. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

  10. Any payments for faulty goods are returnable within 28 days of purchase provided they are unused and in the same condition they were when purchased. Full refund can be obtained and if it is beyond the 28 day period a credit voucher will be offered.

From time-to-time we may revise these terms and conditions . Please review our website pages regularly to ensure you are familiar with the current version.

  1. The scheduling and content of activities may be changed on occasion.

  2. You agree that you will only access, use or print any of the Site’s contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.

  3. The entire contents of these web pages remains our property and is copyright with all rights reserved.

 
Classes & Workshops Etiquette, Timings and Pricing


a) Please be aware that if you are more than 5 minutes late for a class, you may not be able to participate out of consideration for the coach and other swimmers, and also for your own safety (the warm-up is an important aspect of each class).
b) if you sign up to a waiting list you will be automatically allocated to the class if another person cancels.
c) you may remove yourself from the waiting list at anytime but once automatically allocated to a class for which there is less than 24hrs until class, you will not be able to cancel without losing a session. d)Coaches and sessions are subject to change and you will not receive a refund however we may choose, at our full discretion, to credit you with a similar session.
e)If Swim Dynamics cancels a class, a class will be credited to your account but no refund will be offered.
 f)Loyalty cards are are non-refundable.
Should you not be able to attend your session you must notify Swim Dynamics by logging in to your Swim Dynamics/Mind Body account/My Info/My schedule/Cancel or Reschedule or by emailing emmamacdonald@swimdynamics.co.uk or by calling us on 07770 483 063 more than 24 hours before the start of your class.
 
Cancellations made by you with less than 24 hours notice will be charged in full.
 

  1. Squad session – if you cancel more than 24 hours before the start of the session your purchase will be credited to your account and you may use this credit for another squad session within the time period of your loyalty card.

  2. 1-1 session – if you provide 3 days or more notice I will refund the whole amount to you.  If it is less than 3 days and I am unable to fill your slot then you will be charged for the full amount.

 

  1. Workshop/Clinic – you agree to attend all sessions. Any sessions that are missed are automatically forfeited. You must provide 7 days or more notice to cancel a workshop otherwise you will be charged the full amount.

  2. Transferral of credits - Credits are not transferable to another person unless permitted Swim Dynamics Management under exceptional circumstances.

 
Registration & Your Account

 

  1. Before you make any purchases or subscribe to any programs on the Site, you must first establish a customer account (Account).

  2. Your account information is held by our 3rd Party software supplier Mind Body Online. Please read their terms and conditions of use carefully before creating an account.

  3. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account.

  4. You agree to notify Swim Dynamics immediately of any unauthorised use of your Account or password, or any other breach of security.

  5. You may not use anyone else’s password or customer account at any time. Any abuse of the MindBody Online system will result in your account being terminated.

  6. It is your responsibility to undertake suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.

  7. You also agree that Swim Dynamics may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation:

(1) any abuse what so ever of the Site
(2) violations of the Terms and Conditions,
(3) failure to pay for subscriptions or purchases,
(4) suspected or actual copyright infringement,
(5) unexpected operational difficulties, or
(6) requests by law enforcement or other government agencies.
You agree that we will not be liable to you or to any third party for termination of your access to the Site.
 
Health & Safety Disclaimer
 a) All clients must fill in our health questionnaire accurately whilst setting up their account and before participation in any swim session. This must also be kept up to date of any changes to the answers.
 

  1. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change – especially if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions.

  2. The content on this site and our Services may involve strenuous exercise. Stop swimming and seek medical advice if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your session.

  3. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain.

  4. Avoid alcohol and or heavy meals before swimming. Drink fluids (preferably water) before, during and after your session.

  5. Remember, ultimately, your health is your responsibility and you participate at your own risk.

 
Warranties and Disclaimer


a) Our services are provided ‘as is’ and on an ‘as available’ basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
 
b) We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs.
 
c) Swim Dynamics may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
 
d) Swim Dynamics may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Swim Dynamics (including if the credit/debit card you use is not valid or does not work for another reason).
 
 
Third Party Links


We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own web site and we do not endorse or approve the contents of any such site.
 

  1. Sponsorship & Advertising Parts of or all of the Services may sometimes contain sponsorship & advertising. Advertisers and sponsors are responsible for ensuring that any submitted content on our Services comply with relevant laws, regulations and codes and these Terms. We are not responsible for any of the content in these advertising or sponsorship materials.

  2. Different/ Temporary Terms

From time to time our Site may contain terms and conditions of use which are in addition or different to these Terms and Conditions (eg for certain promotions or special premium content for certain consenting users who allow sponsors to share their personal information) . The additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply only.
 
Data Protection Act 1998 & Privacy


a) Your personal information is your personal property and, as such, we recognise this places serious responsibility on us. We are registered under the Data Protection Act 1998 and publish a separate Privacy Policy on the such named web page which you must read.
b) Any personal information supplied by you as part of any registration process and/or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. By using our Services you consent to such collection and processing and you promise that all data provided by you is accurate.
c) Swim Dynamics takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, we cannot be responsible for the acts of those who gain unauthorised access.
 
Severablity & Jurisdiction


a)If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
b)These terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction
 
Contact Us


Please contact us, if you have any questions concerning the site, Services or any of the policies in these Terms and Conditions, at:


Swim Dynamics Limited
74 Woodside Road, Lower Woodside, Beds LU1 4DQ
07770 483 063