IMPORTANT NOTICE
By entering the premises at 14 Stellentia Road, Firlands, Gordons Bay, you agree to be bound by these Terms and Conditions. This document is accessible at www.easy2swim.co.za/terms as posted at our entrance gate.
Legal Structure: Easy2Swim Swimming Academy operates as a division of Ambition International School on these premises. References to "we," "us," or "our" refer to both entities collectively.
1. Definitions and Interpretation
"Academy" means Easy2Swim Swimming Academy, operating as a division of Ambition International School.
"Participant" means any person enrolled in our programs, including students, adult swimmers, and STA certification candidates.
"Parent/Guardian" means the parent or legal guardian of a minor participant.
"Premises" means the property at Stellentia Road, Off Gustrouw Road, Firlands, Gordons Bay, 7140.
"CPA" means the Consumer Protection Act 68 of 2008.
"POPIA" means the Protection of Personal Information Act 4 of 2013.
"STA" means Safety Training Awards, the international certification body.
2. Acceptance of Terms
2.1. These Terms and Conditions constitute a legally binding agreement between you and the Academy.
2.2. By any of the following actions, you accept these terms:
- Entering our premises
- Registering for any program
- Making payment for services
- Participating in any activity
2.3. If you are a Parent/Guardian, you accept these terms on behalf of your minor child and yourself.
2.4. In accordance with the CPA, you have the right to:
- Receive a copy of these terms in plain language
- Cancel within the cooling-off period (where applicable)
- Fair and honest dealing
3. Services Offered
3.1 Swimming Programs
- Baby and toddler classes (6 months and up)
- Children's swimming lessons (all ages)
- Adult swimming lessons
- Water aerobics
- Private and semi-private lessons
3.2 STA Certification Programs
- Swimming Teacher Certification (minimum age 16)
- Continuing Professional Development (CPD)
3.3 Ambition International School Programs
- School swimming curriculum
- After-school programs
4. Health and Safety Requirements
4.1 Health Exclusions
Temporary Exclusions (Until Medical Clearance)
- Open wounds, cuts, or sores
- Conjunctivitis (pink eye)
- Impetigo or contagious skin infections
- Ringworm or fungal infections
- Active ear infections
- Gastroenteritis or diarrhea (48 hours after last symptom)
- Fever above 37.5°C
- Contagious respiratory infections
- Head lice (until treated)
- Chickenpox (until all blisters have crusted)
4.2 Medical Clearance Required
The following conditions require written medical clearance:
- Epilepsy (uncontrolled)
- Severe asthma
- Heart conditions
- Recent surgery
- Hepatitis A or B (active)
4.3 Safety Rules
- No running around pool areas
- No glass containers in pool area
- Children not potty-trained must wear reusable swim nappies (no disposable swim nappies)
- Parents/Guardians must supervise children at all times
- No unaccompanied minors permitted
5. Registration and Enrollment
5.1. Registration is on a first-come, first-served basis subject to availability.
5.2. You must provide:
- Accurate personal information
- Emergency contact details
- Medical information relevant to participation
- Consent for minors (if applicable)
5.3. False or incomplete information may result in immediate termination without refund.
5.4. We accommodate participants with disabilities where reasonably possible. Please discuss specific needs during registration.
6. Fees and Payment Terms
Payment Requirements
All fees must be paid in advance
- Swimming lessons: Per term (following school terms - 4 per year)
- Adult programs: Water Aerobics - Monthly, Private lessons as required.
- STA Certification: Full course fee upfront
6.1 Payment Methods
Accepted payment methods:
- Electronic Fund Transfer (EFT)
- Card payments at coffee shop.
6.2 Late Payment
- Payment is due 7 days before term/month starts
- Late payment fee: R150
- Interest on overdue amounts: 2% per month
- Services may be suspended for non-payment
6.3 Price Changes
Prices may increase with 30 days' notice. Current prices are not VAT-inclusive as we are not VAT-registered.
7. Cancellation and Refund Policy
7.1 Cancellation by Participant
- Swimming Lessons: May cancel at any time, effective next term
- Adult Programs: May cancel at any time, effective next month
- Ambition School Programs: One term's written notice required
- STA Certification: No refunds once course commences
7.2 Cancellation Method
Cancellations must be submitted in writing to info@easy2swim.co.za or by WhatsApp to 0824468902. Verbal cancellations are not accepted.
7.3 Refund Policy
General Rule: No refunds are provided for missed classes, early termination, or dissatisfaction with services.
Exceptions:
- Academy closure exceeding 14 consecutive days
- Permanent medical incapacity (with doctor's certificate)
- Death of participant (pro-rata refund to estate)
7.4 Cooling-off Period
In accordance with the CPA, you may cancel within 5 business days of signing up for a term contract, subject to reasonable cancellation penalty.
8. Absences and Make-up Lessons
8.1 Make-up Policy
- Absences must be logged 24 hours before the class
- Make-ups valid for 2 months from original class date
- Make-ups can only be scheduled into existing classes with space
- No new classes will be opened for make-ups
- Make-ups cannot be converted to credits or refunds
8.2 Forfeiture of Make-ups
Make-up lessons are forfeited if:
- Account is in arrears
- Not enrolled in the following term
- 2-month validity expires
- Absence not logged in time
9. Code of Conduct
9.1 Expected Behavior
All participants, parents, and visitors must:
- Treat others with respect and dignity
- Follow instructor directions
- Respect facilities and equipment
- Maintain appropriate language and behavior
- Report unsafe conditions immediately
9.2 Prohibited Conduct
- Discrimination or harassment
- Violence or threats
- Inappropriate physical contact
- Photography in changing areas
- Intoxication or substance use
9.3 Right of Admission
We reserve the right to refuse admission or terminate services for violation of these terms, without refund.
10. Assumption of Risk and Waiver
Important Legal Notice
By participating in our activities, you acknowledge and accept that:
10.1. Swimming and aquatic activities carry inherent risks including but not limited to:
- Drowning or near-drowning
- Injuries from slips and falls
- Injuries from contact with others or equipment
- Medical emergencies in water
- Infections despite water treatment
10.2. You voluntarily assume all risks associated with participation.
10.3. Limited Liability: In accordance with the CPA, we do not exclude liability for:
- Gross negligence
- Intentional harm
- Any liability that cannot be excluded by law
10.4. For all other liability, our maximum liability is limited to the fees paid for the current term/month.
11. Indemnity
11.1. You indemnify and hold harmless the Academy, Ambition International School, and their employees, agents, and contractors, and property owners from any claims, losses, or damages arising from:
- Your breach of these terms
- Your negligent or intentional acts
- Your child's actions while on premises
- False information provided during registration
11.2. This indemnity survives termination of services.
12. Medical Authorisation
12.1. In case of medical emergency, you authorise us to:
- Administer first aid (all qualified staff are first aid certified)
- Call emergency services
- Transport participant to medical facility if necessary
- Authorise emergency medical treatment if you cannot be reached
12.2. You agree to reimburse any medical expenses incurred on your behalf.
12.3. You must disclose all relevant medical conditions during registration.
13. Privacy and Data Protection (POPIA)
13.1. We process personal information in accordance with POPIA and our Privacy Policy (available at www.easy2swim.co.za/privacy-policy).
13.2. Information Officer: Zandri Stiff (info@easy2swim.co.za)
13.3. We collect and process information for:
- Service delivery
- Safety and medical emergencies
- Communication about programs
- Legal compliance
- Marketing (with consent)
13.4. Your rights under POPIA include access, correction, deletion, and objection to processing.
14. Photography and Media
14.1. Opt-Out Default: By registering, you consent to photography/video for:
- Safety and training purposes
- Marketing and promotional use
- Social media
14.2. To opt-out, indicate "No photos" in the comments field during registration.
14.3. Strictly Prohibited:
- Photography/video in changing rooms or bathrooms
- Photography/video of other people's children without consent
14.4. Full Photography Policy available at www.easy2swim.co.za/photography-policy
15. STA Certification Programs
15.1 Eligibility
- Minimum age: 16 years
- Parental consent required for under 18
- Must meet course prerequisites
15.2 Certification Terms
- Full course fee payable upfront
- No refunds after course commencement
- Certification subject to passing assessment
- Intellectual property remains with STA
15.3 Professional Conduct
STA candidates must maintain professional standards as per STA Code of Practice.
16. Communicable Disease Protocol
16.1. Do not attend if experiencing:
- Fever above 37.5°C
- Respiratory symptoms
- Any contagious condition
16.2. We may implement additional protocols as required by law or health authorities.
16.3. No refunds for pandemic-related closures; make-up lessons will be offered where possible.
17. General Terms
17.1 Class Operations
- Swimming lessons: 30 minutes
- Water aerobics: 45 minutes
- We may combine or cancel classes
- We may change instructors without notice
- Closed on public holidays unless notified
17.2 Facility Use
- Use of jungle gyms and play areas at own risk
- Parents must supervise children at all times
- One changing room per family
17.3 Insurance
Public liability insurance pending. Participants are advised to maintain personal insurance.
18. Dispute Resolution
18.1. Internal Resolution: First attempt resolution through our Complaints Policy.
18.2. Legal Proceedings:
- Disputes under R15,000: Small Claims Court
- Disputes over R15,000: Magistrate's Court, Strand
18.3. You agree to pay all legal costs on attorney-client scale if we enforce these terms successfully.
19. Legal Compliance
19.1. These terms comply with:
- Consumer Protection Act 68 of 2008
- Protection of Personal Information Act 4 of 2013
- Children's Act 38 of 2005
- Occupational Health and Safety Act 85 of 1993
19.2. Governing Law: Laws of the Republic of South Africa
19.3. Severability: If any provision is invalid, the remainder continues in force.
19.4. Whole Agreement: These terms constitute the entire agreement.
19.5. Amendments: We may amend these terms with 30 days' notice.
BY ENTERING OUR PREMISES OR USING OUR SERVICES
You confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
For queries: info@easy2swim.co.za | 082 446 8902
Easy2Swim Swimming Academy - A Division of Ambition International School
14 Stellentia Road, Firlands, Gordons Bay, 7140