When signing up to Water Babies for the first time, details of the courses you are booked into, the dates and times during the first term and the venue will have been agreed with you in advance.
In order to give existing Water Babies clients priority for courses each term, we use an opt-out re-booking system. This means that, unless you inform us that you either wish to change venue, day or time, or alternatively that you wish to stop altogether, we may re-book you onto the next course during the current term. In order to facilitate the re-booking process, you grant us a continuous payment authority (please see the section entitled “Taking Payment”).
Around the mid-point of each term we send you details of your course for the following term via email. This will detail the venue, dates and times of the course during the next term, the cost of the course and the date upon which re-booking will take place. On or after the date we have specified for re-booking you authorise us to use the card details you have logged with us to debit the money due. If you have previously paid for your course by way of electronic transfer, we will need to have received payment of the course fee for the next term from you by the date we have specified as the re-booking deadline we will not be able to guarantee you a place at current course location and time (assuming your course continues).
You will receive email confirmation of your booking once your account has been debited or your payment has been received, together with a receipt of your payment. You are always welcome to phone us at the office should you be unsure of any details. Your statutory rights are not affected.
If you do not wish to be part of our re-booking program, please inform the office as soon as possible.
If you do not wish to be re-booked for any new term it is vital that you inform the office by the stated re-booking deadline. You can do this by either email or post. If you have granted us a continuous payment authority and you have not contacted us by the specified deadline your place will be re-booked and the refunds policy referred to below will apply.
You will not be re-booked if: (a) your current class date, time or venue need to change for any reason, (b) if you have opted out of the re-booking system, or if you pay by electronic transfer, and your payment for the new term has not reached us by the re-booking deadline date and/or (c) you have informed us before the re-booking deadline date that you do not wish to re-book.
Changing class times and venues
As time progresses you may find your class size reducing (as parents return to work etc.). Once a class has become too small to function properly we will need to merge it with another. We try to keep class times as similar as possible but unfortunately cannot always guarantee this. If the merger of your class with another results in a change of your class dates, times or venue, we will endeavour to give you as much notice as possible but as a minimum you will be notified of this around the mid-point of each term when we send you a re-booking email.
Should you need to swap pools we’ll do our utmost to accommodate you, but unfortunately cannot guarantee it.
We accept payment via Mastercard, Visa and electronic transfer. We unfortunately do not accept American Express, cash or cheque.
When you pay for classes with your credit card, your card details are stored on a secure online payments system. By providing your card details and allowing them to be stored on a secure payment gateway operated by a third party, you grant us a continuous payment authority to enable us to debit the card when necessary, i.e. upon re-booking, purchasing photo shoot products, swim toys, baby wetsuits from us, etc.
If you do not wish for us to be able to use your card details in this way, please inform us by either telephone, email or post. Please note that we cannot automatically re-book you onto the course for the next term without a continuous payment authority.
Whenever your card details change, or if you wish to change your card details for whatever reason, please telephone the office.
If the course is being paid for by someone other than yourself, you are responsible for informing that person of our payment policies, deadlines etc., and relaying any communication with regard to re-booking or payments of any sort.
If you wish to pay for the course by using your credit card but do not wish to grant us a continuous payment authority or wish to pay by electronic transfer (or wish to do so in the future) payment needs to be with us by the re-booking deadline date stated within the re-booking email we shall send you in order to secure your place.
Refunds and cancellations
When you first become a Water Babies client, you may cancel your contract with Water Babies before the commencement of your course. Once the course has begun, no cancellations or refunds are available.
If you are an existing client and do not wish to be re-booked onto a course for the next term, you must notify us before the specified re-booking date and in accordance with the “Booking” section above. If you cancel a booking for the next term at any time after the re-booking date has passed but prior to the course commencing, we will issue a refund minus a $100 cancellation charge. Water Babies are under no obligation to provide a refund if you wish to cancel following the commencement of your first class of a given term.
Water Babies is under no obligation to refund or transfer your money in the event that you are unable to attend part of or the entire course, unless otherwise specified above. We regret that we are unable to offer an alternative for missed lessons. Unfortunately, what seems like one simple request is an impractically huge administrative task when spread across hundreds of clients.
In the instance that a pool cannot be used in the short term, we will endeavour, where possible, to re-schedule your lesson. In this instance Water Babies is not responsible for any travel expenses incurred.
In the event of us having to cancel a lesson you will have a choice between receiving a refund for the missed lesson or attending a re-scheduled make-up class. Once you have made your choice, we will issue your refund within 5 business days of the end of the term. It is a Water Babies policy that you should never have to chase a refund. If a credit is applied on a card transaction, normal banking procedures are for that credit to appear in your account after 3 business days.
Where a pool is not available on a longer term basis (in excess of one week), on grounds outside our control, we will issue a refund or credit for the classes we are not able to provide, and cannot be held responsible for liability resulting therefrom. If this occurs, we will do our best to schedule alternative classes for you instead of providing a refund, but we cannot guarantee it.
Should a lesson already be in progress or about to start and have to be cleared on the grounds of health and safety then we are under no obligation to refund the lesson or part thereof.
Water Babies is under no obligation to refund lessons that may be missed due to local adverse weather when the venue and environs are safe and accessible and lessons are held. We regret that we are unable to offer refunds for lessons in the event of adverse conditions local to you that prevent you from attending a scheduled class.
Video and photography
While the family atmosphere we encourage means that parents, grandparents and friends should feel very comfortable taking photographs or video footage, we would ask that everyone remains sensitive to the feelings of others and always stops filming should they be asked to do so. We must also adhere to pool rules at individual venues, some of which do not permit the use of such equipment. If this is the case with your pool, we will have informed you separately and ask that you respect their policy. In all instances we reserve the right to restrict or prohibit any media recording in Water Babies Classes.
No underwater cameras or underwater recording equipment of any description may be used during a Water Babies lesson, and no media recording should interfere with the lesson or create a health or safety risk for any participants or bystanders.
Where possible, at the start of each term we will take a picture of you and your child with other parents and children (should you wish). We reserve the right to use these photographs and all other media recorded at Water Babies classes for promotional and publicity purposes. By signing these terms and conditions you consent to and agree to such use. Should you wish to revoke such consent, please inform us at the office via letter or email and we will ensure your likeness (and your baby’s) are not used for publicity or advertising purposes.
Water Babies’ continually strive to improve the teaching standard of our workforce, we, on occasions, video record a lesson being taught by a teacher.
Water Babies expressly forbids the right to reproduce any part of our lessons in any form (e.g. on the internet, DVDs, photographs etc.).
Anyone suspected of continually filming or photographing the lessons for any purpose of publication or for any commercial purpose will be asked to stop filming and leave the course.
Water Babies cannot be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed “Video and Photography” by any party.
Underwater photo shoot
When you book onto our Chapter 1 course you will be offered the opportunity for your child to take part in an underwater photo shoot. There is no extra charge for attending or participating in the photo shoot and participation is not compulsory. Taking part in the photo shoot does not entitle you to any images without charge. Digital images and prints are not included in your lesson prices and are an additional charge.
Generally the photo shoot will take place once per term at one single location for all our students across all our pools to attend.
If for any reason you or your child either do not wish to attend or are unable to attend the proposed photo shoot (including any re-scheduled photo shoot) you will not be entitled to any financial compensation and will not have the right to take part in an alternative photo shoot.
You will be able to view and order the images of your child directly after the photo shoot. The cost of purchasing the images will be detailed on the price list which will be sent to you prior to the photo shoot.
You will no doubt appreciate that if your child takes part in the photo shoot we cannot guarantee that we will be able to capture an image of your child that is of a quality that you would wish to purchase.
We reserve the right at any time and at our sole discretion to re-schedule any scheduled photo shoot.
All Water Babies photography, logos and illustrations are the copyright of Water Babies. Any scanning or reproduction of any of the above without our written agreement will be regarded as being in breach of our copyright and dealt with accordingly.
We would like to be able to use these photographs for promotional and publicity purposes and you hereby consent to our sharing any photograph on the internet, on social media or in any other promotional material. The photographs will not be used for any other purpose.
Customers ordering digital images will receive them on our Digi the Otter USB stick in both hi and low-resolution versions. Our hi-resolution images are a maximum of 18”x12” @ 300ppi and are in a JPEG format. Our low-resolution versions are 6”x4” @ 300ppi and perfect for using on social media sites. The USB stick will also include a PDF document authorising the reproduction of digital images for personal use. This can be presented to any print company at the time of requesting the reproduction(s). We cannot provide images in any other resolution or format (such as RAW).
Valuables and jewellery
All personal property brought to our facilities by you is brought at your own risk. Water Babies does not provide supervision for or surveillance of property and shall not be liable for the loss or damage of any personal possessions. Please note that wearing jewellery of any kind in the pool is not recommended. If an item is lost in the pool we will not be able to cancel class time to allow you to search for it.
You will be asked for any existing medical conditions for either yourself, another carer who may swim in the lessons or the baby booked into the lessons at the end of these Terms and Conditions. You agree to inform us of any changes, including pregnancy, as soon as you are aware of them. All information will be kept strictly confidential.
Should your child or the adult taking your child into the water have, or develop, any known or suspected medical condition, you must please consult your doctor before bringing them swimming and inform our office either via the bottom section of this form or (if at a later date) in writing via email or post. All information received is treated in confidence and with sensitivity.
Never bring your child swimming if they have any illness such as an ear infection, diarrhoea, vomiting, chicken pox, impetigo, conjunctivitis or a bad cold. Please wait until your doctor has given the all-clear before returning to classes.
In the instance of sickness and diarrhoea your child must have been clear of all symptoms for at least 48 hours before attending a lesson.
Our teachers may refuse entry to the pool if they reasonably believe that your child is not well enough to participate.
Diapers and changing your baby
Without exception, all babies/toddlers, regardless of age or whether they are potty trained, must wear our double diaper system which is either reusable swim diaper or a disposable swim diaper with a neoprene diaper wrap over top. We reserve the right to refuse entry to any child who is not suitably attired.
Babies wearing any other attire, including wetsuits or warmers, etc. must still wear the double diaper system.
Always change your baby on the floor using a suitable changing mat. Do not use any raised areas such as benches or tables. This is to prevent babies from rolling onto the floor from high surfaces which can easily happen and is extremely distressing for all concerned.
Please take all your used diapers away with you unless a clearly marked bin has been provided. Never leave used diapers in an open bin (including those within the venue grounds).
Withdrawal of service
Water Babies may at its own discretion refuse entry to a client to its courses if it is felt that the client’s behaviour or the behaviour of those associated with the client is unreasonable.
Pool/poolside Health and Safety
No outer footwear or strollers should be taken onto poolside or into changing rooms. Please use blue overshoes (if available) or go barefoot if you prefer.
Please always shower both yourself and your child before entering the water. Removing body lotions, perfumes etc. before swimming contributes significantly to maintaining water quality.
While you are waiting for your class, please keep poolside noise down to a minimum so that all lessons can take place in a calm and peaceful atmosphere. Do not enter the pool until invited to do so by your teacher.
You are responsible for the safe supervision of any minors you bring at all times. They should always be under the direct supervision of an adult and never be left unattended. We do not provide child supervision and leaving your children unattended poses a major health and safety risk to them. Children running on wet surfaces can very easily slip and hurt themselves. Water Babies reserves the right to ask anyone to leave the poolside at any time. Local age restrictions for spectators may apply.
Always adhere to pool rules at individual venues.
We can only accommodate one adult in the pool at a time with each child, who must be either the child's parent or designated carer and over 18 years of age. However, we are happy for other members of your family, friends, or child minders to bring your child to classes. Anyone new to the class must let the teacher know at the beginning of the session, including any health issues, so they can provide the extra help and advice that will be needed.
While it is our policy to try to ensure you always have the same teacher, we cannot guarantee this as teachers fall ill, leave etc. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your class. They are always fully trained at this point, but need to teach a series of ‘live classes’ in order to complete their assessment process. Unfortunately we cannot give advance warning when this may happen and, while we always try to limit it, it is a necessary part of our commitment to quality.
Exclusion of liability
I am aware that Water Babies classes can involve many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; variation or steepness in pool decks and floors; slips caused by wet environs, trips caused by pool equipment or other items; mechanical failure of equipment; exposure to temperature extremes; travel or transport to and from the sites used for Water Babies Classes; failing to participate safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WATER BABIES CLASSES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WATER BABIES CLASSES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of the Water Babies agreeing to my participation in their classes and permitting my use of their services, equipment and other facilities, I agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Water Babies DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN “SPORT” REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Water Babies;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where your classes take place and no other jurisdiction.
Changes to terms and conditions
From time to time we may update these terms and conditions by sending you either an updated version or notification of minor changes. You are free to not accept these changes but we would ask you to notify us in writing of your non acceptance within 14 days of your receipt. If you fail to notify us of your non acceptance of these changes and continue attending your classes you will be deemed to have agreed to the updated version of these terms and conditions.