Terms & conditions - Vivacity Swim Academy membership terms & conditions

These terms form part of your membership agreement with Vivacity Culture and Leisure.
Your membership agreement with us is made when your membership application is
completed by you and signed by us and consists of that form and these terms. These
documents form a legal agreement between us, so please make sure you carefully read
these terms & conditions and the membership application form.


Definitions of terms in this document
Student’, a child under 16 years of age who is participating in the Swim Academy
Terms’, the terms and conditions set out in this document
We/Our/Us’, Vivacity Culture & Leisure (Company Number 07171668)
Working Day’, any day except a Saturday, Sunday or public holiday in England; and
You/Your’, the parent or guardian named on the Swim Academy membership application
form who shall be responsible for all obligations and liabilities relating to a Student
membership/s and payment of all associated fees


1) Length of membership
• Membership is for a minimum of three months (the initial term)
• After the initial term we require a minimum of 9 days notice before next pay day of
cancellation of membership


2) Your responsibilities while on site
• All students and their parents/guardians must adhere to the rules of the venue at
which Swim Academy takes place, a copy of which is available at reception
• Every child under 8 years of age must be accompanied and supervised by a parent/
guardian at all times including within the changing areas (except when in their Swim
Academy lesson and under the supervision of their swimming instructor)
• Parents must be on site at all times during the lessons (either in the spectator or
reception/café areas where available)


3) Sliding scale and monthly direct debit payments
• All students need to have enrolled successfully and paid for their first month or part
months membership (either by direct debit or by advance payment) before starting
their course of swimming lessons
• You must pay part of the membership payment for the month you join on the day you
join. This ‘sliding scale payment’ is calculated based on the number of lessons falling
before your first direct debit payment is taken. If you join after the 15th day of the
month, you will also need to pay the following months membership payment in full
• During a student’s membership you must pay your membership fees whether you use
our facilities and services or not - any sessions missed due to student absence
cannot be carried over to subsequent weeks
• Direct debit payments for Swim Academy are processed on the 1st day of each
month in payment for tuition for that month
• Direct debit is paid from the account of the authorised parent or guardian
representing the child (must be over 18)
• Direct debit charges are calculated for 48 weeks over a 52 week period
• We reserve the right to increase Swim Academy fees and alter the amount of your
direct debit payments to reflect this at any time subject to us giving you ten working
days notice. If you are unhappy with the changes you may cancel your membership in
accordance with the terms set out in this document
• If we change the times or location of the classes we will give you 30 days notice


4) If your payments fail
• Whilst you continue to owe us a monthly direct debit payment a student will not be
allowed to attend the Vivacity Swim Academy and we may cancel your membership
• If the direct debit details you gave us were wrong, or you have cancelled your direct
debit within the minimum 3 month initial term, or there are not enough funds in your
account (which we may try again to withdraw by direct debit but if we still cannot
collect payment) we will ask you to make any outstanding payment by cash, debit or
credit card and for you to give us your correct details
• If in any of these circumstances we cannot collect payment we may cancel your
membership straight away
• Any outstanding Swim Academy fees must be paid before a student may restart
Swim Academy


5) Cancelling your membership
• There is a minimum 3 month membership period before membership may be
cancelled
• Should you wish to cancel your membership please email swim.academy@vivacity.
org or write to the Swim Coordinator at the Regional Fitness & Swimming Centre,
Bishops Road, Peterborough, PE1 5BW giving the reason for your request. Notice
to cancel your membership must be given and received on or before the 22nd
of the month in order to cancel the membership within that same month – any
cancellations received after this date will incur an additional payment of one month
after which membership shall be cancelled. If you cancel your membership in
accordance with these terms then subject to the minimum notice period we will
refund any part of your membership charges which you have paid in advance but
which relate to a period after the cancellation policy notice period
• Cancellation will only be accepted after the minimum notice period and either 3
months payment in advance or following 3 monthly payments by direct debit
• Unless agreed in writing membership will not be cancelled. It is your responsibility
to make sure your written notice has been received by the Swim Coordinator at the
Regional Fitness & Swimming Centre. It is your responsibility to cancel the direct
debit instruction with your bank


6) Expulsion of members or termination of membership by us
We may remove you from a Vivacity centre and/or end your membership without
notice if at any time:

• You break these terms of membership
• You do not comply with the rules and regulations of Vivacity Leisure Centres (these
are displayed in each of the premises)
• You allow another person to use your membership card to get into any of our centres
• You fail to pay us the sliding scale payment before your first direct debit or upfront
payment is due
• Your conduct is such that in our opinion it may be injurious to the character, name or
interests of Vivacity Leisure Centres, or is such that it makes you unfit to associate
with other members
• Any part of your monthly membership payment which is due and payable remains
unpaid. In the event that we terminate your membership for one of the reasons set
out above we are not obliged to refund the payments received. We may end your
membership for any reason by giving you one full calendar months notice. In these
circumstances you will not have to pay any monthly membership payment for the
period after your membership ends and we will refund any monthly payments you
have paid in advance for that period. When your membership has ended and we have
taken the final payment it is your responsibility to cancel your direct debit to us at
your bank


7) Limitation of liability
• We will not pay you compensation for any service, facility or equipment not being
available because of health & safety reasons or where it is for the benefit of your
membership
• We will not pay you compensation if we have failed to carry out our duties due to a
fault of your own, fault of a third party or events which we could not have known
about beforehand
• We have the right to make changes to the type of facilities we provide if we give you
notice
• We will not be liable for any loss or damage caused by these changes
• You bring all your personal belongings to the centre at your own risk. We accept
no liability for loss or damage to property of members. Nothing in these terms and
conditions will exclude or limit our liability for death or personal injury caused by our
negligence


8) Physical health of a member
• It is the responsibility of the parent/guardian to declare any students illness, injury
or medical conditions on the application form and on enrolment - It is also their
responsibility to ensure the Swim Academy is informed of any subsequent changes
that may affect a students health or their participation in the Swim Academy
• Make sure your child is capable of participating in the swim programme. You should
consult your child’s doctor before they begin if you are not sure whether it is suitable.
If you have any concerns about your child’s physical condition, you must get medical
advice before using our facilities
• We may refuse you access to our facilities if we consider the use of such facilities
could put your child’s health at risk


9) Events beyond our reasonable control
• If we are not able to provide all the services and facilities at the centre for 60 days in a
row or longer for reasons or events outside our reasonable control, either you or us
will be entitled to cancel your membership immediately after giving notice in writing
and we will refund any unused fees
• By law we do not have to pay you compensation in these circumstances and during
this period. Reasons or events outside our reasonable control could include (but are
not limited to) natural disaster, a government’s actions, war or national emergency,
acts of terrorism, protest, riot, fire, explosion, flood, epidemic, lock out, strikes or
other labour disputes (whether or not they relate to our work force), restraints or delay
affecting carriers or not being able to get supplies of suitable materials on time or not
at all


10) Change to terms
• We may change these terms and conditions at any time. When we do make changes
that affect you we will give you reasonable notice of the changes we plan to make. If
you are not happy with the changes, you may cancel your membership in accordance
with the terms set out in this document


11) Public swim admissions
• You can use your free swim at the following sites: Regional Fitness & Swimming
Centre, Jack Hunt Pool and Gym and the Lido (in operating season)
• You are able to use your child’s free swim in any public swim sessions (Excluding
family fun on Sundays at the Regional Fitness & Swimming Centre)
• Children under 8 must be accompanied by a paying adult
• To use your free swim you must:
- Present your Vivacity card
- Be signed up to our direct debit scheme
Privacy and data protection policy
Vivacity will process your personal data lawfully and fairly. We will ensure that when you trust us
with your personal data we will only process it for the reason it was collected for and to keep
you up to date on other products or services we provide that are likely to be of interest to you
where applicable. We will do our very best to ensure accuracy of your personal data and we will
endeavour to keep your personal data secure from loss, destruction or damage by having strong
processes in place to prevent this. We will also provide simple ways for you to query or amend
the personal data we hold about you

Correct as of Sep 2018