Participant Waiver, Terms & Conditions and Policies

Easy2Swim – Terms and Conditions

Last updated 10 October, 2022

Note: Accessible at the following link as per gate notice www.easy2swim.co.za/terms

Parent/Guardian/Participant Waiver

In consideration for allowing the STUDENT/PARTICIPANT(S) to enrol in Swimming Classes, or any other swimming activities offered by Easy2Swim “THE SCHOOL”, which shall include its directors, officers, owners, property, property owners, employees, agents, guides and volunteers, and to participate in the activities provided or arranged by THE SCHOOL, the Undersigned, individually and on behalf of the STUDENT/PARTICIPANT(S), and our personal representatives, heirs, next-of-kin, spouse, and assigns, hereby: 

1. Acknowledges that swimming lessons, water aerobics, adult swimming and all associated activities, and use of THE SCHOOL’s facilities, equipment and gear (collectively, “Activities” ), may be dangerous and may involve risks that may cause serious injury and in some cases death, because of the hazards, including without limitation: 

1.1. Accidents involving drowning, head or spine injuries, or other bodily injuries; 

1.2. Slipping and falling because of footing conditions, wet surfaces, or other conditions; and 

1.3. Contact with other participants, swimmers, School personnel, or individuals. 

2. Voluntarily assumes the risk and danger of injury or death inherent in the participation in the Activities. 

3. RELEASES, DISCHARGES AND PROMISES NOT TO SUE THE SCHOOL for any loss, liability, damage, or cost whatsoever arising out of or related to any loss, damage or injury (including death) to the Undersigned, the STUDENT/PARTICIPANT(s) or their personal property. 

4. RELEASES THE SCHOOL from any claim of negligence in connection with the STUDENT’S/PARTICIPANT(S’) participation in the Activities, including but not limited to training, maintenance, care, equipment or gear, condition of facilities, or supervision of the STUDENT/PARTICIPANT(S) or the other participants. 

5. INDEMNIFIES, SAVES AND HOLDS HARMLESS THE SCHOOL from and against any loss, liability, damage or cost arising out of or in any way connected with STUDENT’S/PARTICIPANT(‘S) participation in the Activities, use of THE SCHOOL’s facilities, equipment and gear, or any acts or omissions of the STUDENT/PARTICIPANT(S), the other participants, School personnel, or any other person or entity. 

6. Agrees to abide by and follow any instructions given or rules established by THE SCHOOL regarding the Activities or STUDENT’S/PARTICIPANT(S’) use of THE SCHOOL’s facilities, equipment or gear. 

7. Cameras and videos are not permitted in the changing rooms or bathrooms. Cameras and videos are permitted by use of only the STUDENT’S/PARTICIPANT(S’) /guardian. 

8. Expressly agrees this Release is governed, and is intended to be as broad and inclusive as permitted, by South African law. If any portion of this Release is declared invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Release shall not be affected or impaired in any way and shall continue in full legal force and effect. 

9. Understands and agrees this Release is a contract. If a lawsuit or proceeding is filed against THE SCHOOL for any injury or damage in breach of this contract, the Undersigned will pay all reasonable attorney’s fees, costs and expenses incurred by THE SCHOOL in defending the lawsuit or proceeding, including attorney’s fees, costs and expenses incurred in collecting upon any judgment, order or award. 

I HAVE READ THE ABOVE POLICY, RELEASE AND WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I UNDERSTAND IT IS THE SCHOOL’S INTENT, IN WHICH I CONCUR, TO AVOID ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN BY OR THROUGH ME, THE STUDENT/PARTICIPANT (S) OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO THE STUDENT’S/PARTICIPANT(S’) PARTICIPATION IN THE ACTIVITIES OR USE OF THE SCHOOL’S FACILITIES, EQUIPMENT OR GEAR, OR MY ENTERING THE SCHOOL’S PREMISES, OR USING ITS FACILITIES, EQUIPMENT OR GEAR. I FULLY REALISE STUDENT/PARTICIPANT(S) MAY SUSTAIN DAMAGES, INJURIES, LOSSES OR LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE ACTIVITIES, OR USING THE SCHOOL’S FACILITIES, EQUIPMENT OR GEAR. BY EXECUTING THIS DOCUMENT, I FULLY INTEND, INDIVIDUALLY AND ON BEHALF OF THE STUDENT/PARTICIPANT(S) , TO RELEASE THE SCHOOL FROM ANY AND ALL SUCH DAMAGES, INJURIES, LOSSES, OR LIABILITIES, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE. 

Terms and Conditions

1 The minimum membership period is one term for Swimming Lessons, and one month for Adult Swimming and Water Aerobics. 

2 Membership shall continue for an indefinite period but can be cancelled by written notice at any time before the start of the following term for Swimming Lessons, and no notice is required for Adult Swimming and Water Aerobics. No resignation will be accepted verbally. Resignations can be emailed to [email protected]. 

3 In the event of any dispute arising relating to receipt of any written notice by THE SCHOOL as required herein, the STUDENT/PARTICIPANT(S) shall bear the onus of proving that such notice was received by THE SCHOOL. 

4 In the event of the STUDENT/PARTICIPANT(S) failing to make payment on time or at all, or breaching any of the terms in this agreement, THE SCHOOL shall be entitled at her discretion to cancel this agreement without any further notice to the STUDENT/PARTICIPANT(S) and the full balance then outstanding will immediately become due and owing to THE SCHOOL. 

5 the STUDENT/PARTICIPANT(S) accepts liability in full under this agreement irrespective of whether the STUDENT/PARTICIPANT (S) attends lessons or not, whether such failure is due to injury, ill health, voluntary act or any other cause whatsoever. 

6 Fees paid are not refundable under any circumstances and nor is it transferable. 

7 Fees are payable termly in advance at least 7 days before the start of the 1st lesson of the term. Fees are payable monthly in advance of the 1st monthly session for Water Aerobics and Adult Swimming. As we are a very small business it is difficult for us to spend the time chasing up late payments, and so we will charge a late payment levy of R150 on all late payments. 

8 The STUDENT/PARTICIPANT(S) is obliged to advise of any change of address as soon as possible after such change of address and should it become necessary for THE SCHOOL to trace the STUDENT/PARTICIPANT(s) ‘S whereabouts, the STUDENT/PARTICIPANT(S) agrees to be responsible for all costs involved in such tracing. 

9 The STUDENT/PARTICIPANT(S) chooses his/her Dom cilium citandi et executandi for service of all notice, processes, etc, at his/her “Home Address” above. 

10 THE SCHOOL operates from Little Riverside, Stellentia, Gustrouw Road, Gordons Bay, and any other facility deemed necessary. Such facilities are THE PROPERTY. 

11 The STUDENT/PARTICIPANT(S) expressly renounces any claim that he/she may have against THE SCHOOL / THE PROPERTY / THE PROPERTY OWNER from whatsoever causes arising. 

12 the STUDENT/PARTICIPANT(S) is liable for any damage done to THE PROPERTY in whatsoever manner caused by THE MEMBER. 

13 In the event of the STUDENT/PARTICIPANT(S) breaching this agreement, resulting in legal action being taken by THE SCHOOL, the STUDENT/PARTICIPANT(S) acknowledges and agrees that he/she will be liable for all legal cost incurred, including costs on the Attorney and Client scale, tariff collection charges and tracing fees in full. 

14 THE SCHOOL or any employee or servant is not responsible for any damage, loss, loss of life, bodily injury or damage to or loss of property, “VIS MAJOR” of whatsoever nature and whatsoever cause. 

15 No variation, alteration or cancellation of this Agreement shall be valid unless reduced in writing and signed by both parties. 

General Policies

• All Swimming Lessons classes are normally 30 minutes in length.
• All Water Aerobic classes are normally 45 minutes in length.
• All Adult Swimming classes are normally 30 minutes in length. Double lessons are available.
• All published times indicates class start times. 
• We reserve the right to cancel classes at any time for any reason. 
• We reserve the right to combine classes regardless of age group or level.
• We reserve the right to amend class times at any time. 
• Reusable swim pants are required for students under the age of three and any children not potty trained.
• Prices are subject to change.
• We do not issue refunds for classes missed. If you or your child are too sick to participate, please stay home and get well. 
• Registration is accepted on a space available basis. 
• There will be no drop offs. Parents or guardians must remain at facility for duration of lesson. Failure to abide by this policy may result in cancellation of enrolment. 
• Abuse of multi-child family discount i,e. registration of children under multi-child rate that are not siblings may result in, (a) Back charges for fees, (b) Cancellation of enrolment, 
• For safety reasons, children with special needs who are enrolled into group lessons may be removed from class and assessed for private, or semi-private lessons. Children with special needs may also be re-admitted to group lessons. 
• We will be closed on ALL public holidays unless special arrangements are made.
  
  Facility Policies

• Injuries from children running and slipping around the pool are the most common and preventable injuries associated with this type of facility. Parents are required to help enforce the “no running policy.” 
• Food, drinks and glass are prohibited from entering the “pool area.” *Water in a plastic container is okay. 
• The “kid car wash” will serve as the main shower area for participants. Please use this shower area to rinse after lessons. 
• Please keep showers and changing rooms as open as possible for families with toddlers not ready for the “kid car wash.” 
• Please use only one changing room per family. 
• The Pool deck is used as a viewing area, party room, and classroom. At times the Pool deck may be closed for classes or events.
• Full supervision of your children is required at all times on Jungle gyms, splash park and all other facilities. Use of such facilities is at your own risk.

Children Not Potty Trained
Please note that if your child is not potty trained that are required to wear a re-usable swim nappy. We do not allow disposable swim nappies as they have a tendency to dissolve in the water. This is very important as an accident could result in our facility being closed. Re-usable swim nappies can be purchased from some of the baby shops in town or you can buy online from companies such as TAKEALOT.

Medical Authorisation
I have noted any medical/health problems of which the staff should be aware in the registration form above. In the event of a medical emergency (real or apparent), the undersigned Parent(s)/PARTICIPANT/ Guardians(s) of the above named STUDENT/PARTICIPANT(s), hereby grants authorization to THE SCHOOL, and its employees and representatives, to engage at its sole discretion and judgment, any licensed physician or health care facility on behalf of the STUDENT’S/PARTICIPANT(S’), and to direct and/or order such emergency medical treatment for the STUDENT/PARTICIPANT(s) as may seem reasonably necessary under the circumstances. The undersigned (e-signed) further agrees and promises to indemnify and hold harmless THE SCHOOL and its directors, officers, employees, and representatives, for exercising the foregoing authority. I/we further authorise any representative or employee of THE SCHOOL to have the STUDENT/PARTICIPANT(s) treated in any medical emergency centre while participating in the Activities described above.

COVID-19 (VIRUS) Pandemic Consent

1. I knowingly and willingly consent for myself as Parent/Guardian/ STUDENT/PARTICIPANT(S) or for a minor STUDENT/PARTICIPANT(S) under my care to receive swimming lessons from THE SCHOOL. 

2. I understand the VIRUS has a long incubation period during which carriers of the VIRUS may not show symptoms and still be highly contagious. 

3. Swimming Lessons take place in close proximity to the teacher. This potentially exposes the teacher and the STUDENT/PARTICIPANTS(S) to the VIRUS. 

4. I understand that due to the frequency of visits by other STUDENT/PARTICIPANTS(S), the characteristics of the VIRUS, and the characteristics of THE SCHOOL premises, that I have an elevated risk of contracting the VIRUS simply by being in the THE SCHOOL premises. 

5. I confirm that I am if I as Parent/Guardian/ STUDENT/PARTICIPANT(S) present ANY of the following VIRUS symptoms I/we will not attend any swimming lessons: 5.1. Fever (temperature over 37.5) 5.2. Shortness of breath 5.3. Dry cough 5.4. Runny nose 5.5. Sore throat 

6. I agree that all Parent/Guardian/ STUDENT/PARTICIPANT(S) that enter THE SCHOOL premises will have their temperature taken and will be refused entry if the reading in above 37.5 C. 

7. High risk individuals relating to the severity of the VIRUS are persons over the age of 60 and persons who have pre-existing medical conditions such as : asthma, chronic lung conditions, hypertension, autoimmune diseases, organ transplants, cancer, immunocompromised, obesity (BMI over 40) and liver or kidney conditions. I confirm that all Parent/Guardian/ STUDENT/PARTICIPANT(S) do not fall into any of these high risk categories or if they do we accept the risk of attending THE SCHOOL. 

8. I am aware of the risks involved in the spread of the VIRUS and the risks it may hold to my health and my families health and the health of others i come in contact with. I accept those risks and hereby indemnify THE SCHOOL should I contract the disease at THE SCHOOL from the teacher, or any others attending.

Privacy & Security Policy
We respect and are committed to protecting your privacy. We will not sell your personally identifiable information to anyone. Your payment and personal information is always safe.

Registration & Tuition Payments
Tuition payments are due upon enrolment in a class. Payment must be received within 10 days of the start date of the class you are enrolling into. If payment is not received then your booking will be dropped to be made available to others. Payments can be made by Bank Transfer or you may swipe your card at the coffee shop. Please note that we DO NOT accept CASH unless by prior arrangement.

Low Enrolment
In the event that there is only one (1) student in a class, please understand you may be asked to switch times to properly fill classes. If you wish to stay in the original date/time slot, we will need to charge you for private or semi-private lessons.

Absences and Make-up Lessons

Our Make-Up Lesson Policy is the most flexible of any swim school that you will find out there. We help to make our lessons fit seamlessly into your busy schedule.
However – Please note the following points.

• Our swim teachers are there in the pool waiting for your child to arrive at swim lessons.
• We have paid the swim teacher for your lesson.
• In the past, if you are unable to attend your lesson, then the lesson was lost.
• We are now offering make-up lessons to you, but these make-up lessons can only be scheduled into existing classes.
• We cannot open a new class for a make-up lesson as this would require us to pay the swim teacher again.
• Make-up classes can only be scheduled into a class that matches your child’s current class.
• Absences can only be added to our system ONE day before the class starts. For example: If your class is on a Saturday, you have until midnight on Thursday to mark your child as absent. The reason for this is when you mark your child as absent it makes space for other parents looking for make-up spaces.
• Unfortunately if there are no available classes or space in those classes, then you will be unable to schedule a make-up class.
• Your make-up class is valid for 2 months from the date of your original class and it is worth checking back for space or for new classes we are adding all the time.
• IMPORTANT: Make-up lessons are lost if you are late in adding the absence, if there are no available/suitable classes, if your 2 months validity runs out. 
• Make-up lessons are not available as credits towards future classes.
• If your account is in arrears ALL make-up lessons are subject to cancellation.
• We are very happy for you to carry make-up lessons into the next term, BUT you must be enrolled, and paid up for the next term, otherwise the make-up lessons are lost. 

Full details on our how to mark your child as absent and to select a make-up class is available on our website – Click HERE

Switching Instructors
Our clients have become fond of particular instructors. So have we, we love our instructors! We will continue to make decisions regarding where instructors are placed based in the effort to provide our clients with the best swimming experience possible. We understand that different students respond to different teaching personalities. We will always try to respond to these needs. We will never guarantee a particular instructor and always reserve the right to change instructors if other considerations require it. We encourage parents to use different instructors. Our goal is for every child to be able to swim regardless of who they are swimming with, what the circumstances are, and where they are swimming.

Guarantee
THE SCHOOL does not guarantee that any child will be independently swimming after a specific number of swim lessons. Every child learns differently and at differing rates. Each child in our program is evaluated by our expert instructors and is taught a progression based swim lesson curriculum. Our goal is for each child in our program to swim independently. We will NEVER guarantee to “Drown Proof” your child. What we WILL guarantee is that your child will learn to swim in our program and have a positive swim experience that will last a lifetime. We teach “Lessons for Life.”

Right of Admission Reserved
We reserve the right to limit admission at any time for any reason