infinity Terms and Conditions
Acceptance of terms and conditions
By booking, or you/or your child attending a swimming lesson with us, you accept these terms and conditions and they will form a binding contract between you and us.
You will ensure that you/ or your children and any other children you bring to the swimming pool will follow the general swimming pool rules set out at the end of these terms and conditions and any rules that are specific to a particular pool.
We reserve the right to vary these terms and conditions at any time upon reasonable notice to you.
We run two types of swimming lesson courses as follows:
(A) Weekly lessons are once a week 48 weeks a year, Infinity Swim Academy has a credit system (top up 8 credits at a time). Each lesson on a continuous course will take place on the same day, at the same time, unless its an assessment class or your assessed and are moving up a level your time and day will change.
(B) Intensive courses of 5 days from Monday to Friday over a school holiday period. Each lesson on the intensive course is at the same time and pool every day for 5 consecutive days (including bank holidays)
(C) (Together “Courses”)
The start date, start time, course and session duration, the name of the teacher and the pool venue of the course will be confirmed in writing on the invoice that will be emailed to you prior to the commencement of the course. This information can also be accessed via your online account (see below).
All lessons will start promptly at the agreed start time. If you/ or your child arrives late to the pool, the lesson will not be extended and will end at the agreed end time.
Registration and contacting us
Where these terms and conditions require you to contact us on firstname.lastname@example.org Where these terms refer to ‘our offices’, this is a reference to our Infinity Swim Academy, Unit 1, 101 Camlough Road, Newry, BT35 7EE.
Bookings may be made by infinityswimacademy.com shall be on a first-come, first-serve basis. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.
Book a class online through infinityswimacademy.com
You will be given a number of course options in which you have to pick according to the ability that best suits you.
Once you have booked a course with Infinity Swim Academy you will be sent an email on how to use your home portal account
You must keep your contact details in your online customer account up to date, because we use this information for our top-up process, posting awards and to contact you if lessons are cancelled.
(A) If we are unable to contact you because the contact details in your online customer account are out of date, then our lessons credit system set out in these terms and conditions will not apply to you.
You agree that all information stored in your online account can be accessed by us and our employees, consultants and agents.
We will use the information in your online account for contact purposes, lesson bookings, invoicing and re-enrolment and any other such purposes as we deem reasonable as part of the provision of the courses.
If you provide us with a mobile telephone number, we will use this to send you SMS alerts when lessons are cancelled or for re-enrolment reminders.
(B) We will not use your mobile telephone number for marketing purposes or for any other reasons than those stated in section online account(4)
(C) You may opt-out of our SMS alerts by informing us through an email. Please be aware that you will then never receive text alerts again. This cannot be undone.
The fee for a course will be confirmed to you at the time of booking online and will be set out in an invoice which we will email to you. You must pay for the whole course even if your child misses a lesson for any reason.
(A) Invoices that are emailed to you and not seen by you because (a) your email address has been entered incorrectly or (b) has been marked as ‘spam’ by your email client are still payable in full.
Payment must be made in full before the start of the course.
If you book a course after the course’s scheduled start date, you must pay in full before your first scheduled session, regardless of attendance of the same. If payment is not received by the course start date, then your account will be treated as a late payment and we may at our complete discretion cancel your booking and we shall not be obliged to teach you or your child. Also, if you do not top up your credits, you or your child will be no longer able to attend swimming lessons in Infinity Swim Academy.
We accept cheques made payable to “Infinity Swim Academy”. We also accept major credit/debit cards online payments.
Payment cannot be accepted at Infinity Swim Academy.
If you wish to take a holiday during a course so that your child misses a lesson or lessons within the course, you must still pay for the entire course. You shall, of course, retain your place on the course for the duration of the course.
We work through all bank holidays and national holidays that fall during a course, not including Christmas and New Year.
Illness and medical conditions
When the time of booking your swimming lessons, there is a section on medical information that must be filled in. If the swimmer is under the age of 16 their parents or guardian should complete the medical form on their behalf. Adult swimmers, parents and carers of the swimmers under 16 are responsible for updating this information on there home portal account of any changes in medical conditions.
If your child is ill you must telephone or email us by 9 am on the day of your child’s lesson so that we are able to inform the teacher that your child will not be attending the lesson.
If there are any signs of stomach upset and sickness in your family on the day of your child’s lesson or in the several days before the lesson, you must inform us, not later than one hour before your child’s lesson is set to commence and in the case of such notification, we reserve the right to cancel your child’s lesson(s), for the following 48 hours as a minimum, for the safety of your child and of others. All information obtained will be kept in accordance with the Data Protection Act 1998.
Children with heavy colds, sinusitis, ear infections, diarrhoea, vomiting, chickenpox and any other contagious diseases should not attend lessons whilst these symptoms show. If these symptoms show in siblings or family members, we advise against attending lessons and reserve the right to cancel your child’s lesson(s), for the following 48 hours as a minimum. If you have any queries with regard to further health problems please telephone us. We shall not be liable for your child catching any illness or disease whilst at our lessons.
Subject to the following, we will not provide refunds or credits for absence from booked lessons due to illness, regardless of the number of lessons missed as a result. However, if your child suffers a serious illness, which affects him or her for more than 4 weeks (such as broken bones or any condition that requires prolonged hospitalisation and/or medical attention) then we may offer you a credit for all lessons missed as a result of the condition if:
(A) you inform us of the condition and prognosis no less than 48 hours before the first lesson to be missed;
(B) you provide us with a doctor’s note detailing your child’s illness or medical condition;
If we offer you a credit in these circumstances but you do not wish to continue with swimming lessons with us, we may at our discretion offer you a refund instead for the number of weeks remaining.
You must declare to us in writing by emailing us or by logging into your customer account all medical conditions affecting your child, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your child’s engagement in lessons and we will notify you of our decision within 48 hours of receiving your notice.
It is your responsibility to ensure that you or your child is medically fit to swim. We will not be liable for any accidents or injuries arising from swimming with us that relate to your child’s individual medical condition(s), save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.
Requests to change lessons and requests for credits
You shall not have the right to change the day, time, venue or teacher for your booked lessons for any reason once the course has started but we may entirely at our discretion choose to allow you to do so if we feel that you have reasonable grounds to request such change. This applies even if your circumstances or work commitments change.
Subject to the following paragraph, if your child refuses to get into the water or you decide you no longer want your child to attend the course, we will not give refunds or credits.
If however after three lessons, in our professional opinion your child is not happy in the water and/or having lessons and we feel it will not be beneficial for your child to continue with the course at that time, we reserve the right to cancel the remainder of the lessons in the course and will credit you for the lessons that your child has not been able to attend. We will discuss with you when might be the right time for your child to recommence a course. If in these circumstances you do not wish to continue with swimming lessons with us, you must notify us of this by email and we will provide you with a full refund for the lessons missed.
If you are ever dissatisfied with a class or teacher, you must notify us immediately by email and allow us the opportunity to resolve the issue. We will try to resolve the issue by offering a change in teacher, day or time. If after three lessons following your notification we are unable to offer a solution that satisfies you and you choose not to continue with the remainder of the course, we may in our absolute discretion offer you a refund for the unused lessons remaining in the course.
Credits for unused lessons may be given for other circumstances in our absolute discretion and only once all other options have been explored. If we agree to give you a credit for unused lessons but you do not wish to continue swimming lessons with us then we may in our absolute discretion offer you a refund for unused lessons.
We try to arrange that you or your child has the same teacher for each lesson within the course but we cannot guarantee this due to illness or holidays of the teacher and unforeseen circumstances. You may not claim a credit or a refund due to a change in the teacher.
Cancellation by you
If you cancel a course after you have paid for it, we shall not be obliged to provide you with any credit or refund subject to paragraph 8 of these terms and conditions.
If you request to cancel your course after the start date, you will still be liable to pay for all allotted sessions up to that point, regardless of attendance of the same and if you have not submitted a request to cancel after your first lessons have started, your full invoice will remain payable.
Cancellation by us
If we determine that there is insufficient support for a course, we have the right to cancel, suspend or postpone the course before the date of the first lesson. We shall give you as much notice as possible of any such cancellation and we will provide you with a full refund of your course fee if no suitable alternative course is found. Our liability for any such cancellation shall be limited to this refund and we shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
We will make every effort not to cancel lessons once a course has started but on rare occasions, pool closure or other unforeseen circumstances may force us to do so. We shall give you as much notice as possible of any such cancellation. In this event, we will offer you a substitute lesson on a date designated by us. If you notify us that you are unable to attend the substitute lesson in advance of the date scheduled for the substitute lesson, then you will receive a credit for the cancelled lesson. This credit may be offset against your fees for a subsequent course. If you do not accept the substitute lesson or do not wish to re-enrol for a subsequent course, we are not obliged to provide a refund.
Paragraph 10 applies only to lessons cancelled by us. It does not apply if you miss a lesson for any other reason, including holidays or sickness.
Top-ups (weekly lessons only)
Shortly before the end of your 8 credits, we will send an email to the address in your online customer account offering you the chance to top up credits for the next course within a specified time-limit (hereafter “top-up deadline”) and setting out the fee for the next 8 credits.
If you wish to top-up credits you must follow the top up procedure set out in your online account and pay the relevant top-up fee in the manner set out.
By Topping up, you agree to accept these terms and conditions and they will be incorporated into a binding contract between us.
Top-ups requests that are not submitted before the “top-up deadline” will be treated as a notice of cancellation for the following term and may result in you losing your space. We will not be obliged to make changes to our lessons to reinstate a booking lost as a result of a late request.
(A) We accept no liability for any losses of any kind incurred by you as a result of such cancellation
Per the top up procedure set out in your online account and our communications thereafter, requesting a new slot and stating that the current slot is not an option may result in you losing the same slot for the following term if no suitable alternative is found
(B) We accept no liability for any losses of any kind incurred by you as a result of such loss of bookings
Special needs and disabled children
Children with special needs and disabled children are welcome where possible at all our venues and are integrated into our regular classes or there is an option within the week that they can avail of are quite an hour, this will include less class on and fewer pupils per class. We do not, however, employ specially trained staff and therefore cannot be held liable for the care of such children beyond the teaching of swimming techniques.
We reserve the right to remove from our lessons any child that causes disruption or compromises safety regardless of disability, special need or otherwise.
You are responsible for any children you bring with you into any part of the swimming pool venue including the changing area.
You must ensure that children are fully toilet-trained before we can accept them as students.
Children are not the responsibility of our coaches until the child enters the swimming pool at the start of a lesson.
You must not leave the premises whilst your child is in the pool.
During lessons, you must not interrupt or communicate with the teacher, distract the pupils or approach the poolside, unless it is a matter of health and safety.
You must keep children who are not swimming quiet and under your control at all times whilst in the swimming pool venue.
You may not take photos or video recordings or any other type of recording of any children within the property.
If you feel that lessons are not providing adequate progression, please raise the issue with us by way of email so that we can look for alternatives or make further recommendations
(A) Interference with lessons resulting in a lack of student progression will result in a loss of entitlement to any credits or refunds requested if you feel that your child has not reached an adequate level of progression with us.
General pool rules
Everyone must all shower and go to the toilet before they enter the water.
Shoes must be removed before entering the poolside or overshoes worn.
No buggies are allowed in changing rooms or on the poolside.
Long hair should be tied back or a swimming hat is worn.
Children may wear goggles but we reserve the right to remove them if they cause disruption of the class.
You should not enter the pool until the class has started and should wait to be invited into the pool by the teacher.
You must leave the pool as soon as the class has finished and should leave in an orderly manner.
Safety for all is our paramount concern and we have the right to remove anyone on, in or around the pool who gives us any concern whatsoever with regard to safety.
You must not run or act inappropriately once within the pool vicinity.
We shall not be responsible for any injury/accident caused as a result of children and/or parents disobeying these rules.
Limitations of Liability
Whilst every reasonable precaution is taken by us to ensure security and safety at our swimming lessons, we shall not in any way be liable for any loss or damage arising in any way from our swimming lessons or the swimming pools we use. However, nothing in these terms and conditions shall limit the liability of any person for death or personal injury caused by negligence.
Any claim against us arising from attendance at one of our swimming lessons must be notified in writing to us within six months from the day of the relevant swimming lesson and we shall not be liable for any claim that is notified to us after this time.
In any event, we shall not be liable to you:
(A) for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;
(B) (where the claim is insured) for any loss which we are unable to recover from any insurer;
(C) (where the claim arises as a result of something which was done or not done by a third party) for any loss which we are unable to recover from that third party; and
(D) for any loss which is greater than the fee paid by you for the relevant course of swimming lessons.
In the event that you or your child causes harm, damage, loss or injury to any other person or property during the course, you agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including legal fees), and any other liability suffered by us as a result of such harm, damage, loss or injury caused by you or your child.
We shall not be liable for any loss or theft of your or your child’s personal possessions and all property left by you on the property (including without limitation in the changing rooms and in the car park) is done so at your own risk.
Assignment and subcontracting
We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract between us and may subcontract or delegate in any manner any or all of our obligations under the contract between us to any third party or agent.
You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the contract between us.
This Agreement and these Conditions shall be governed by and construed in accordance with the law of Northern Ireland and you agree that any disputes shall be resolved and interpreted exclusively by the Courts of Northern Ireland.
1.’HomePortal’ is maintained by Infinity Swim Academy, Whilst Infinity Swim Academy endeavours to ensure that the information on this website is correct, no warranty, express or implied, is given as to its accuracy and Infinity Swim Academy does not accept any liability for error or omission.
Infinity Swim Academy shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or otherwise from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material.
Infinity Swim Academy is not responsible for the content of any websites to which this site provides links. When using this website, you assume full responsibility for the use of any information and understand and agree that neither Infinity Swim Academy nor any of its employees are responsible or liable for any claim, loss or damage resulting from its use.
‘HomePortal’ is a service that is provided to Infinity Swim Academy customers free of charge and aims to enhance the customer/teacher experience through improved communication. Whilst every effort is made to make sure that the Course information is correct and up to date, Infinity Swim Academy cannot guarantee that relevant information will appear for customers at all times.
Should all lesson criteria be marked as “passed” on ‘HomePortal’, there is no guarantee that a customer may progress to a more advanced class. By agreeing to these Terms and Conditions, the customer understands that a pupil may only be moved either when there is space, or under the discretion of the swim school coordinator or Centre Manager. The decision of the Centre Manager is final.
Customers should not expect for assessments to be made weekly. The teacher will carry out class grading whenever possible. ‘HomePortal’ does not guarantee feedback on every session. Due to the nature of the system, the customer understands that data from the most recent lesson will not appear until the following day.
These Terms & Conditions may be changed at any time, under the discretion of Infinity Swim Academy.