FastFins® TERMS & CONDITIONS


IT IS AGREED as follows:

1 DEFINITIONS AND INTERPRETATION

1.1 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice-versa.
1.2 FastFins® (hereafter referred to as 'the Company') reserves the right to vary these Terms and Conditions periodically as may be required and the Client agrees that the latest version as published on the Company's website at www.fastfins.co.uk will govern the Client's Agreement with the Company and supersede all previous published editions, paper or electronic.
1.3 FastFins® refers to FastFins® Limited, a Company registered in England and Wales No. 05158920 whose Registered Office is 5, The Avenue, London N3 2LB. The Company's word and logo marks (FastFins®) are registered UK?trademarks.
1.4 The headings contained in this Agreement are for convenience only and do not affect their interpretation. In this Agreement the following terms shall have the meanings as defined:
Coaching Services are the services provided by the Company and/or the Company's staff in the performance of any obligation to teach, coach or train any Student in the sport of swimming.
Teacher means the swimming instructor or coach who provides the Coaching Services on behalf of the Company to the Client and/or his child (the Student).
Student means any person (adult or child) who is taught, coached or trained in the sport of swimming by one of the Company's Teachers.
Registration means the process of enrolment or re-enrolment of a Student on any of the Company's swimming courses. Students will be considered as candidates for entry on to one of the Company's swimming courses once a Registration Form has been completed and submitted (new Registrations only), together with the payment of course fees . The admission of any Student will be subject to the availability of a place and a Student satisfying any admission criteria that the Company may require.
The Client is the person who has parental responsibility, individually and/or jointly for a child or may also be an adult Student. The Client is expected to ensure that the Student maintains appropriate standards of punctuality, behaviour, diligence, language and discipline whilst enrolled on any of the Company?s swimming courses.
Term or Semester means a limited or clearly defined period of time, usually three divisions into which the academic and school year is divided.
Siblings are two or more children having one or both parents in common.
Confidential Information means trade secrets and information relating to the Company and any service providers, employees, sub-contractors, Clients, matters of Health and Safety and any information, the release of which could damage the Company?s reputation or commercial interests, endanger staff or Clients, together with any information that is legally privileged. It also means any information which is described as confidential, plus any information that is treated as confidential and any information in respect of which the Company has a duty of confidentiality to a third party. Confidential Information also includes any and all information which the Company is not obliged to release under the Freedom of Information Act 2000 (the Act) and should the Client be uncertain whether any information falls within the Act he will not disclose such information unless or until he has received permission to do so from the Company.


2 THE AGREEMENT

2.1 This Agreement, together with any separate booking confirmations made via email, SMS or verbally, form the basis of the contract between the Company and the Client and govern the arrangements agreed between the parties.


3 UNDERTAKING BY THE COMPANY

3.1 The Company will ensure that its Teachers carry out their teaching duties to the highest standard with due skill and care in accordance with the terms of this Agreement and any other time-tables or performance targets that may be set by the Company.
3.2 The Company will take responsibility for ensuring that its Students fall under its control and adhere to all relevant teaching centre regulations and procedures.
3.3 The Company will ensure that the Teachers have the required skills, qualifications (as laid out by the Amateur Swimming Association (ASA) regulations or similar professional sports' body) and resources to provide the Coaching Services to the highest possible standards.
3.3.1 The Teachers will teach from the water where necessary. In any case, and without exception, the Company undertakes to ensure that its Teachers teach all beginners and non-swimmers from the water and not from the pool deck.
3.4 The Company will ensure that all of the Teachers are managed professionally.
3.5 The Teachers will be punctual and professional at all times in their appearance and behaviour and will be courteous and polite to the Company's Clients, members of management and staff working at the teaching locations where the Company operates, as well as fellow teaching colleagues.
3.5.1 Company Uniform and Presentation. The Company Staff will be well-groomed and presentable in their appearance at all times. It is obligatory that they wear a branded Company t-shirt or polo shirt (supplied), plus white shorts or white three-quarter length trousers at all times when teaching from outside the water (or during any break periods) and a white, branded company silicon hat (optional) and wet-suit when teaching Students in the water.
3.6 The Company shall take all reasonable steps to ensure teaching continuity and avoid any unplanned or sudden changes of Teacher assigned to perform the Coaching Services. However, if, for whatever reason, the Teacher is unable to perform the Coaching Services, the Company will endeavour to provide teaching cover in the event of any Teacher absence.
3.7 Student Progression. It is the Company?s policy to move a Student to the next level as soon as he is deemed to have mastered the requisite swimming skills and passed the relevant course modules enabling him to progress. However, the progression of any Student will be at the sole exclusive discretion of the Company and subject to availability.
3.8 Term Calendars. The Company's termly calendar dates are published on the Company's website at www.fastfins.co.uk and are included on all email communications to the Company's Clients.
3.8.1 The Company has the right to change dates subject to the Client being given prior notice and the Company's published Term dates may not always coincide with the Student's term dates. The Client agrees that the Company is unable to replace, make-up or refund lessons missed nor discount fees by virtue of any variation as may exist in respective calendar dates.
3.9 Child Protection. The Company has a responsibility to provide a safe environment in which Students can learn and will endeavour to safeguard the interests of its Students at all times. The Company's Teachers will ensure that physical contact with a Student is restricted to only that which may be lawful, appropriate to the requirements of teaching and to provide comfort to any Student who, for whatever reason, may be distressed or to take appropriate steps to preserve a Student's health and well-being. The Company's Teachers have an obligation to familiarise themselves with current Child Safeguarding Policies and Procedures as published by the Amateur Swimming Association (ASA).
3.10 The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). In accordance with regulations and procedures, which stipulate that DBS checks or other vetting be completed on its Staff, the Company undertakes to perform such checks on all its Teachers. Copies of these checks will be supplied upon request.
3.11 Public Liability Insurance. It is incumbent upon the Company to ensure that a public liability insurance policy remains in force at all times.
3.12 The Company will keep confidential any Confidential Information about the Client and comply with the provisions of the Data Protection Act 1998 in relation to the processing of personal data.
3.13 Teaching Continuity. Whilst the Company will endeavour to ensure continuity of teaching staff during any Term, the Company reserves the right to change Teachers at short notice for operational reasons, including, but not limited to, staff sickness or in the event that circumstances beyond the Company?s reasonable control so require.
3.14 The Company reserves the right to amend any class or course schedule from one Term to another or cancel such in exceptional circumstances.


4 CLIENT & STUDENT OBLIGATIONS

4.1 The Client must remain on the premises during a Student?s swimming lesson and supervise his conduct at the Company's teaching venue.
4.2 Medical Conditions. The Client must disclose any existing medical conditions at the time of the Student?s Registration or immediately thereafter should a medical condition be diagnosed.
4.3 Transmission of Infections. Any Student known to be or found to be suffering from any infectious ailment or condition will not be permitted to pursue his course and it is the responsibility of each Student or, in the case of a child, the parent or guardian of the Student to ensure that he is fit and well enough to be taught.
4.3.1 The Company will not accept liability for any infection passed to a Student by another Student enrolled on any of its courses nor from the swimming pool.
4.4 In the event that a Client is absent for whatever reason, the Client authorises the Company in loco parentis to make decisions for the proper safeguarding of the Student's well-being.
4.5 The Client hereby gives his consent to any such physical contact as may be lawful, appropriate to the
requirements of teaching and to provide comfort to any Student who, for whatever reason, may be distressed or to take appropriate steps to preserve a Student's health and well-being.
4.5.1 The Client gives his consent for any Student in the Company's care to receive emergency medical treatment by a person who is suitably qualified, crucial to the Student?s health and well-being or in the event that a Client cannot be notified immediately about a medical emergency or injury sustained by a Student whilst attending any of the Company's courses.
4.6 Under no circumstances are any of the Company's Teacher to be distracted or interrupted whilst any class or training session is in progress nor should any attempt be made to assist him in the performance of his teaching duties unless specifically requested to do so by the Teacher or another member of the Company's staff.
4.7 A Student must not enter the water before the scheduled start time of his lesson and must leave the pool immediately after his class has finished.
4.8 The Client undertakes to observe the rules and regulations in force at the Student?s teaching centre at all times and the Student is expected to behave properly when registered on any of the Company's swimming courses.
4.9 The Company reserves the right to exclude any Student from continuing his course for repeated misbehaviour before, during or after any class or if the rules and regulations at the Company's teaching centre are repeatedly broken, causing risk to himself or others or in the event that the Student's behaviour has been detrimental to the smooth running of the Company's courses or the Company's reputation.
4.9.1 In the event that a Student, parent, guardian, sibling or other associate of the Client should:
i) refuse to obey any reasonable instruction from the Teacher or a member of Company staff;
ii) behave in an unruly manner towards the Teacher or a member of Company staff or any other person;
or
iii) cause willful damage at the facility whether it be to furniture, fixtures, fittings or equipment, the Student shall be expelled forthwith and not be permitted to continue his course. In such circumstances, the Company reserves the right to terminate the Agreement with the Client immediately without notice and the Company will not be liable to refund or credit to the Client the balance of fees outstanding for any part of a swimming course that has not been completed by virtue of such behaviour.
4.10 In the interests of hygiene, the Client (and his companions) must not wear outdoor shoes whilst in the swimming pool area at any of the Company's teaching venues. Plastic shoe covers are available at all of the Company's teaching centres.
4.11 Should a Student be absent from his classes for two or more consecutive weeks, the Client must notify the Company. In the event that a Student is absent for four weeks or more and no written notification or explanation of such absence is provided to the Company by the Client, the Company reserves the right to cancel his registration without notice and make his place available to another Student. In such circumstances, the Company shall not be liable to refund the Client any balance of a Student's course fees.
4.12 The Company shall be the sole and final arbiter in deciding any Student's swimming level and ability and/or his eligibility to progress to any higher swimming level.
4.13 Insurance. The Company holds appropriate public liability insurance as is required by law. However, it is the sole responsibility of the Client to ensure that separate insurance cover is in place to cover any Student's personal property when he attends any of the Company's courses. The Company accepts no liability for any loss of personal property sustained by the Client or Student whilst he attends any of the Company's swimming courses.
4.14 Student Uniform. At those teaching centres where Company swimming hats (silicon) are provided to the Student, such form part of the required uniform. Only the Company's hats will be deemed as acceptable head-wear during any of its classes or training sessions. Accordingly, the Student is required to bring his hat to every class or training session.
4.14.1 Any swimming hat lost or damaged by a Student must be replaced at the Client?s expense.
4.15 Client Contact Details. In addition to any information which may be freely available on the Company's website, communications will only be sent to the Client via email or SMS. Therefore, it is incumbent upon the Client to ensure that any contact details (including email addresses and telephone numbers) supplied by him, and held on file by the Company, remain up-to-date.The Company accepts no liability for any ensuing communication failure or for any Student Registration, which lapses because the Client has neglected to notify the Company of an email address change and/or any other salient contact
information.
4.16 Intellectual Property. The Client hereby acknowledges that under the provisions of the Copyright, Designs and Patents Act 1988 and the Registered Designs Act 1949, as amended, all copyright, trademarks, patents and other intellectual property rights deriving from the Coaching Services shall belong to the Company, including any documents or other works prepared by any Client or Student and the Client further undertakes to keep confidential any Confidential Information relating to the Company to which he may be privy during the course of his dealings with the Company.
4.17 Second Sessions. The booking of a Student's second class is subject to availability. The Client agrees that there is no automatic right to a second place and that Clients on the Company's waiting list will be given priority at all times.
4.18 The Client agrees to support the Company's aims and uphold the Company's good name and reputation and will not under any circumstances engage or act in a manner, which could damage either.


5 FEE PAYMENTS

5.1 Registration and Renewal. The Company teaches its Students over multiple terms to ensure that they derive maximum benefit from the Company's swimming programme and become highly proficient swimmers. To assist the Client in renewing registration, the following should be observed:
(i) The Company will provide the Client with a notice of renewal for the next Term approximately four to six weeks before the current Term ends, offering him priority to renew for the following Term. However, it should be noted that if payment for a Student?s renewal is not received before the deadline set in the Company's renewal email, the Company will be unable to reserve a Student?s place next Term and his registration will lapse automatically.
(ii) Payment for all the Company's swimming courses must be made in advance and in full by the course Registration or Renewal Deadline or any other date as may be specified by the Company. The Company will not guarantee a Student's place on any of its swimming courses until such time as payment is received in full.
5.2 The Company reserves the right to exclude any Student at any time without notice if course fees remain outstanding. His place will automatically be made available to another Student.
5.3 It is the Client's responsibility to ensure that Registration and payment procedures are strictly adhered to. Registration for any of the Company's courses will not be considered complete until payment is received in full. Similarly, the Company shall not be held liable for any Student's place, which lapses because payment is not received in full by the due date and is subsequently offered to another Student because Registration and payment deadlines were not observed.
5.4 Late Payment. The Company reserves the right to apply late payment charges comprising either an administration charge of £40.00 and/or simple interest calculated on a daily basis at 1.5 per cent per month, from the first advertised day of each Term, and all other administration and legal costs in relation to any monies, which remain unpaid by the due date for the payment of fees. Course fees which are paid to the Company by cheque will not be deemed to have been settled until such time as the Client's cheque has cleared.
5.5 Any Client's cheque which is returned to the Company unpaid by the bank upon which it was drawn will incur a £25.00 surcharge, which will be added to the total of fees outstanding.
5.6 When a Client pays course fees via internet or bank transfer (BACS), it is the sole responsibility of the Client to include his surname as a reference for the transaction and send an email notification to the Company (using info@fastfins.co.uk), advising that payment has been made using this method. The Company accepts no liability for any BACS payments made by the Client, which cannot subsequently be reconciled because insufficient or unclear references were appended to the transaction by the Client. Any sum tendered which is less than the amount owing will be accepted by the Company on account only and any outstanding balance must be paid by the Client within seven days of the payment due date or a late-payment charge of £40.00 will be applied.
5.7 Direct Bank Transfers. BACS transfers should be paid to Account: 80612391 Sort code: 20-49-76 Account name: FastFins®. Cheques should be made payable to FastFins® Limited. Cheques should be posted to FastFins® Limited, 5 The Avenue, London N3 2LB.
5.8 Cash payments must be placed in a sealed envelope with the Student?s name written on the front and to handed to Gabriela Grau or other member of the Company's management team.
5.9 Course Discounts. The Company's family-discounted or Sibling rates only apply when two or more Siblings are registered on courses during any given semester at one or more of the Company's teaching centres.
5.10 The payment of course fees is the responsibility of every Client who signs the Company's Registration Form and Terms and Conditions. Any separate agreement that may exist between a Client and a third party to pay course fees to the Company does not absolve the Client from any liability, which may arise under these Terms and Conditions unless agreed separately in writing between the parties.
5.11 Unless agreed otherwise, all course Registrations and payments should be made via a member of the Company's management only and not via any of the Company's Teachers.


6 REFUNDS & CANCELLATION

6.1 The Company is unable to refund, replace or 'make-up' lessons missed, regardless of the prevailing circumstances and fees will not be refunded or waived for any Student?s absence, which occurs because of sickness or in the event that any semester is shortened or a holiday period extended or if a Student's school term dates differ from those of the Company or for any other reason except at the exclusive discretion of the Company.
6.2 The Company is unable to refund a Client in the event that a Student refuses to enter the water for his swimming lesson.
6.3 In the event that a Student is excluded for repeated misbehaviour during any of the Company's classes, the Company shall be under no obligation to refund his course fees nor to accept his re-enrolment on any subsequent course.
6.4 If the Client wishes to cancel a Student's course(s) prior to the term start date, the Client may do so by contacting the Company in writing within seven (7) days of receipt of the initial booking confirmation. A refund of the course fees paid, less a 10 per cent cancellation charge will be issued to the Client via BACS.
6.5 If the Client wishes to cancel a Student's course(s) on or within seven (7) days of the Term start date, the Client may do so by contacting the Company in writing within three (3) working days following the Student's first scheduled class. A refund of the course fees paid will be issued to the Client via BACS, minus a pro rata charge for any classes attended by the Student(s) and a 20 per cent administration charge.
6.6 The Company shall not be liable to provide any credit or refunds after the first week of Term has elapsed nor after the first week of a Student's Termly course in the event that the Student started his course after the first week of Term in respect of any classes that the Student(s) is/are unable to attend for whatsoever reason except at the sole discretion of the Company.
6.7 Intensive Course Bookings:
(i) If the Client cancels an Intensive Course more than two (2) weeks before the start of the course he will be entitled to a credit to the full value of the course, which will remain valid for a period of six (6) months only from the date of cancellation. Alternatively, the Client can request a refund which will be subject to a ten (10) per cent cancellation charge.
(ii) If the Client cancels an Intensive Course less than two (2) weeks before the start of the course, he will be entitled to a credit to the full value of the course, which will remain valid for a period of six (6) months only from the date of cancellation. Alternatively, the Client can request a refund which will be subject to a 20 per cent cancellation charge.
(iii) Once an Intensive Course has started, the Company shall not offer any credit nor refunds in respect of any classes not attended by a Student for whatsoever reason.
6.8 Flexible and Adult Class Bookings: (i) If the Student is unable to attend an ad hoc booking and the Company receives at least 24 hours advance notice of cancellation, the Company will postpone and/or reschedule the Student's class and issue a credit that can be redeemed against any future booking with the Company. However, any such credit must be redeemed within six (6) months of the date of cancellation or the credit will be forfeit.
(ii) If less than 24 hours advance notice of cancellation is given, the Company shall not offer any credit nor refund and the Student will lose his class.
(iii) If after booking an ad hoc class the Client no longer wishes to attend, he may cancel the class by contacting the Company within seven (7) days after making the booking. The Company will issue a refund of the fees paid less a ten (10) per cent cancellation charge. Once the first Ad Hoc Class has been provided, the Company will not be liable to cancel any remaining classes, but the Client can reschedule the date of his classes, subject to clauses 6.7 (i) and (ii) above.


7 DATA PROTECTION

7.1 The Client gives consent to the Company (or any agent thereof) to process personal data relating to him for the purposes of the administration and management of the business of the Company and also to ensure the Company's ability to comply with any applicable laws, regulations and procedures. This data will be held for the duration that a Client's booking remains in force or for any longer period to enable the Company to answer any questions relating to a Client's previous course booking. All reasonable care will be taken to ensure that this personal data is held in confidence and secrecy.


8 FORCE MAJEURE

8.1 The Company shall not be liable for any breaches of its obligations under this Agreement resulting from causes beyond its reasonable control, including, but not limited to, Acts of God, enemy, fire, flood, disease, explosion or other catastrophe.


9 ILLEGALITY

9.1 If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of this Agreement such terms or provisions shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of this Agreement the parties shall negotiate in good faith to amend or modify the provisions and terms of this Agreement as necessary or desirable in the prevailing circumstances.


10 LIMITATION OF LIABILITY

10.1 If the Client incurs any loss in connection with or arising from the performance of any of the Company's obligations under this Agreement and the Company's liability to the Client as a result thereof is established, the Company's total aggregate liability to the Client under this Agreement or otherwise shall in no circumstances exceed the sum of the amount paid by the Client to the Company in respect of the fees paid by the Client to the Company for classes attended during the preceding twelve (12) months immediately preceding the act or omission giving rise to the loss provided that this clause will not apply to any loss arising from death or personal injury resulting from the Company's negligence.
10.2 Notwithstanding anything to the contrary in this Agreement the Company will not, except in respect of death or personal injury caused by the Company's negligence, be liable to the Client by reason of any representation or implied warranty, condition or other term for any loss (whether occasioned by the Company's negligence or that of the Company's employees or agents or otherwise) arising out of or in connection with any act or omission on part of the Company relating to the provision of any classes, products or equipment by the Company or the Teacher.
10.3 The Company will not, except in respect of death or personal injury caused by its negligence, be liable to the Client for any loss incurred by the Client as a result of the Teacher's acts or omissions relating to the provision of any classes, products, services or equipment or otherwise.


11 ENTIRE AGREEMENT AND VARIATION

11.1 This Agreement sets out the terms and conditions by which the Company is contracted by the Client and shall supersede any prior arrangement or understanding (whether oral or written) between the parties.
11.2 No variation or alteration of these terms shall be valid unless approved by both the Company and the Client in writing, except when changes to the delivery of teaching or other duty is necessary to comply with applicable Health and Safety and other statutory requirements.


12 GOVERNING LAW AND JURISDICTION

12.1 This Agreement shall be construed in accordance with the laws of England and Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales.