Easy2Swim – Terms and Conditions
Last updated 10 October, 2022
Note: Accessible at the following link as per gate notice www.easy2swim.co.za/terms
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.
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.
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.
Registration & Tuition Payments
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.
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
Right of Admission Reserved