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Sunshine Multisport Ltd website Terms and Conditions 2024

 

Sunshine Multisport Ltd, personal training, memberships and swim bookings TERMS AND CONDITIONS

 The following terms and conditions apply to all swimmers (“you”) attending individual swimming sessions and open water swimming sessions organised, all users of the website and all purchasers of products by Sunshine Multisport Ltd including personal training (“we” or “us”). Please ensure you have read and understand the following and please keep a copy for your records:

Acceptance of terms and conditions

  1. By buying a service through us, booking personal training, swimming and/or swimming lessons, or attending swimming with us, you accept these terms and conditions and they will form a binding contract between you and us.

  2. We reserve the right to vary these terms and conditions at any time upon in line with government guidelines and you accept that terms may need to change.

Sessions

  1. Individual swimming sessions (“one-to-one sessions” or “lessons”) are lessons where one teacher or coach teaches one pupil. You may at our discretion, upon your request, allow more than one pupil in a one to one lesson and will be subject to our agreement of an increased fee, and agreement that we will not owe any reimbursements to you.

  2. We may, at our discretion change your teacher or coach to provide cover for illness and absence.

  3. Group swimming lessons (two-to-one lessons and adult groups of 3) are lessons where one teacher teaches 3 adults.

  4. We may from time to time, with your prior consent, allow for an assistant teacher to assist in the lessons. This is to help the long term development of new teachers and coaches.

  5. Bookings may be made by website booking, email or by telephone and shall be on a first-come, first-serve basis and may be made either for just one lesson or for a series of lessons. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.

  6. The start date, start time, session duration, venue and teacher name for sessions will be as agreed between us and as set out in an invoice or confirmation letter which will be emailed to you after you have booked the session (s)using the online booking tool via www.sunshinemultsport.com.

  7. All sessions will start promptly at the agreed start time. If you arrive late to the pool or other venue, the lesson will not be extended and will end at the agreed end time.

  8. Please do not arrive to your session, or to poolside/lakeside sooner than 10 minutes prior to the start of the lesson – this is to ensure smooth running of lessons and prevent noise and overcrowding on poolside or in the changing facilities.

  9. We shall try to accommodate any request to change the date, start time, duration, location or coach of any agreed one to one session with notice given within a reasonable period, but this shall be at our discretion and we shall not be obliged to provide any credit or refund where we are not able to accommodate such requests.

  10. Any outstanding sessions are your responsibility to contact us to book and SunshineMultisport Ltd will not be held responsible for lessons lapsing in validity period because you didn’t arrange bookings for your lessons.

  11. All sessions can be booked electronically via www.sunshinemultisport.com which will show a full calendar of availability.

Registration and Contacting Us

  1. When booking any sessions with us you must register your details with us either on our booking form or by telephone. You must give us your email address, which we will use to send you administrative and marketing information about our services and other information in accordance with our Privacy Policy. We will hold your details securely in our online customer account system in accordance with our Privacy Policy and GDPR Law.

  2. It is your responsibility to carefully read through the product descriptions before purchasing your swim/coaching/membership so that you understand what you are purchasing.

Payment

  1. The fee for sessions will be confirmed to you at the time of booking online, by email, or by telephone and will be set out in an invoice or confirmation letter which we will email to you. You must pay for your annual membership, booking, or coaching even if you do not attend for any reason.

    1. 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.

    2. We may send invoices by post at our discretion, however posted invoices not received by you will still remain payable

  2. Payment must be made in full before the start of the session.

  3. If payment is not received by the session’s start date, then your account will be treated as a late payment and we may at our complete discretion cancel any future bookings and we shall not be obliged to take any further bookings:

    1. You will be reminded by email and/or telephone after non-payment one week after your first lesson has commenced.

      1. Emails and voicemails not received will still serve as notice of Late Payment.

    2. A final warning will be issued by email and/or telephone if no payment has been made three weeks after your lesson date, regardless of attendance.

      1. Emails and voicemails not received will still serve as a final notice of Late Payment

    3. If full payment for your session has not been received (or you have not arranged a part-payment at our discretion) after your final warning, any future bookings will be cancelled and your invoice will remain payable in full

      1. We reserve the right to pass any Late Payments on to third-party debt collection agencies after a final warning has been issued

    4. Late payments will apply where you have failed to notify us of cancellation (Paragraph 7) before the lesson has begun

    5. (Together “Late Payments”)

  4. We accept cheques made payable to “Sunshine Multisport Ltd” and posted to our office. We also accept major credit/debit cards for online payments.

  5. Payment cannot be accepted at any swimming pools or lesson venues.

 Illness, Medical Conditions & Acceptance of Risk of lessons

  1. If there are any signs of stomach upset and sickness in your family on the day of the arranged swim session, or in the 7 days beforehand, you must inform us and we reserve the right to cancel your session for your safety and that of others.

  2. You must declare to us in your booking form, all medical conditions regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your engagement in lessons and we will notify you of our decision within 48 hours of receiving your notice.

  3. It is your responsibility to ensure that you are medically safe to exercise. We will not be liable for any accidents or injuries arising from training with us that relate to your individual medical conditions, save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.

Cancellation by You

  1. If you need to miss a session due to sickness, please let us know by telephone or email at the earliest opportunity.

  2. Cancellations for single lessons; No refunds will be offered for sessions that you have missed. please give 24 hours notice of all cancellations otherwise your session will be fortfited.

  3. Catch-up lessons will be offered for lessons that we have cancelled for reasons such as pool closure/coach absence. We are not obliged to offer refunds if you cannot attend your catch-up class.

  4. Any customer account that falls within “Late Payments” will not be eligible for a make-up session, regardless of notice periods for cancellation

  1. If you cancel a series of sessions after you have paid for them, we shall not be obliged to provide you with any credit or refund.

  2. Any cancellation made by you more than 24 hours of your lesson start, for whatever reason, will not be subject to a refund, however a catch-up session will be offered where ever possible.

  3. Refunds will not be made if you become unavailable to attend your lessons. Every effort will be made to fulfil your session at a time convenient to you, as per our ‘catch-up class policy’. This includes cancellation due to holidays.

  4. You may receive a refund if you cancel a series of sessions on medical grounds, we will require a doctors certificate in order to process a refund for any session not taken and will be minus administration charges.

  5. Cancellations made by you, and where a suitable catch-up class cannot be arranged will not be subject to a refund.

  6. If you have booked a series of sessions but have not yet paid, you may cancel the course at least 24 hours prior to the date of the first lesson by contacting us and notifying us of your wish to cancel. You will be subject to a cancellation fee of 1 session cost (£35 for half an hour, £70 for an hour lesson) to cover administration and any losses to us arising from cancelling a session we had held for you irrespective of the time of notice to cancel served.

  7. 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

  8. If you have not submitted a request to cancel after your “Late Payment” final warning, your full invoice will remain payable and we reserve the right to pass the matter on to third-party debt collection agencies.

  9.  

Cancellation by us

  1. If we determine that there is insufficient support for a session, if the pool facility is closed or there are elements outside of our control that means we need to cancel a session or a series of sessions, we have the right to cancel, suspend or postpone your booking. We shall give you as much notice as possible of any such cancellation and we will only provide you with a full refund of your fee if no suitable alternative session 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.

  2. We will make every effort not to cancel sessions or swimming sessions, but on rare occasions 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 booking or a new start date on a date designated by us. If you cannot attend the substitute lesson offered, we reserve the right to not credit the lesson to you. We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.

  3. Paragraph 12 applies only to lessons cancelled by us. It does not apply if you miss a lesson for any other reason, including holidays or sickness.

Photography and Video Footage

  1. If you book a video analysis lesson then you give permission for us to take and publish photographs and/or videos of you which we may include on our website and other promotional materials.

  2. We will provide you with a copy of the video footage through a web link and the cost of this is included in the lesson fee.

  3. The copyright for any photo and/or video footage belongs to us and you may not reproduce it in any medium without our prior written consent.

  4. You may not take or reproduce photographs or videos of our lessons, pupils, swimmers or venues without our consent.

  5. From time to time we may take photo’s and videos of swimming to use on our social media and marketing purposes, and you agree to allow us to publish them. Should you not wish your image or your child’s image to be used on social media and for marketing reasons – please let us know in writing.

Safety and General Rules

  1. You are responsible for your own safety (or that of the minor you are accompanying), actions and behavior on any part of the studio, swimming pool property including the changing area.

  2. Shoes must be removed before entering the poolside or overshoes worn.

  3. Safety for all is our paramount concern and we have the right to remove anyone on, in or around the studio, pool or open water who gives us any concern whatsoever with regard to safety.

  4. You must not run or act inappropriately within the pool or studioi vicinity. We shall not be responsible for any injury/accident caused as a result of you or other people disobeying these rules.

  5. Nudity is not permitted on poolside, studio or at any open water venue.

  6. Please do not attend poolside sooner than 10 minutes prior to the start of your lesson – this is to ensure smooth running of lessons, and to prevent noise and overcrowding on poolside.

  7. No alcohol or drugs are permitted anywhere on site. Anyone we suspect has consumed drugs or alcohol will be asked to leave site immediately.

  8. Cars and personal belongings are kept at your own risk. Sunshine Multisport Ltd accepts no responsibility for any theft of damage of your property when on site.

  9. Please keep noise at a minimum when approaching the studio and pool.  This includes limiting the use of mobile telephones, games consoles, and personal music.

  10.  

Gift Certificates

  1. Gift Certificates are non-refundable

  2. Gift Certificates cannot be used to purchase more gift certificates

  3. Gift Certificates are not redeemable in cash, either in full, or towards another booking of greater value than the certificate.

  4. The Gift Certificate can only be redeemed against the product it was bought for i.e video analysis, 6 week course or 12 week course and cannot be used in conjunction with any other offer or gift certificate.

  5. To Redeem the voucher, the recipient of the voucher must email alison@sunshinemultisport.com to check pool availability and to book the session at a mutually convenient time.

  6. The gift certificate will invalidate after the period of validity has elapsed. The period of validity will clearly be shown on the front of the gift certificate.

  7. Under no circumstances will a refund or booking be accepted after the period of validity has expired.

  1. Limitations of Liability

  2. Whilst every reasonable precaution is taken by us to ensure security and safety at our personal training and swimming sessions, we shall not in any way be liable for any loss or damage arising in any way from our swimming session, personal training session 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.

  3. Any claim against us arising from attendance at one of our sessions must be notified in writing to us within six months from the day of the relevant session and we shall not be liable for any claim that is notified to us after this time.

  4. In any event, we shall not be liable to you:

    1. for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;

    2. (where the claim is insured) for any loss which we are unable to recover from any insurer;

    3. (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

    4. for any loss which is greater than the fee paid by you for the relevant course of swimming lessons.

  5. 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 other pupils

  6. We shall not be liable for any loss or theft of your or another pupil’s personal possessions and all property left by on the property (including without limitation in the changing rooms and in the car park) is done so at your own risk.

  1. Governing Law

  2. This Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales and you agree that any disputes shall be resolved and interpreted exclusively by the Courts of England and Wales.

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Terms of Use & Privacy Policy

We hope you agree to the policies below which define the conditions which you must accept in order to use our website. Once your make a booking, in person, via the online booking or on the phone, you automatically agree to the policies laid out therein. If you do not agree with this, you should not use our site or make bookings with us.

Terms of Use

Information published on this web site is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that Sunshine Multisport Ltd  may alter the information on its web site from time to time. Sunshine Multisport Ltd shall have no liability arising from the use by any party of the information on this web site or as a result of following our coaching advice. Sunshine Multisport Ltd does not warrant the information on this web site in any way and in particular no warranty is given that the web site or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. Sunshine Multisport Ltd exclude all liability for contamination or damage caused by any virus or electronic transmission.

Privacy & Security Policy

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized Directors, employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. By contacting us you agree to join our mailing list which we send out occasional non spammy updates from! All emails and newsletters from our site allow you to opt out of further mailings.

Sunshine Multisport Ltd will never sell trade, rent, exchange or otherwise share your personal information with any other person, company or organization.

Your Privacy

Sunshine Multisport Ltd respects your privacy and pledges to maintain the confidentiality of your personal information.  All personal information you share with us is maintained in accordance with the Personal Information Protection and Electronic Documents Act (2000).   References to Sunshine Multisport Ltd may include its affiliates, depending on the context. 

Legal Obligation of Information Release

Sunshine Multisport Ltd will release any information that is required to be released by law or court order. In exceptional circumstances it may be necessary that we disclose your personally identifiable information if we believe, in good faith, that disclosure is otherwise necessary or advisable. We will seek to ensure that any proposed disclosure is required in the circumstances and then ensure that we disclose only the information that is required.

Use of Your Information

Sunshine Multisport Ltd obtains most of our information through the signing of waivers and completion of Par-Q forms. With your consent we may also obtain personal information about you from third parties. This may include parents, guardian, coaches or whoever is registering you in a program and paying for your registration.  Use of your personal information for any purpose other than those outlined or the release of such information by parties outside of Sunshine Multisport Ltd or its affiliates will take place only under the following circumstances:

(a) When you give consent – We will disclose your personal information when you have given consent.

Under no circumstances do we sell participant or personal information to others.  Please note that we will not share health information that may have been provided in connection with a program, program withdrawal or request for refund. With your consent, we may use certain information to provide you with information about Sunshine Multisport Ltd and its affiliates and programming.  This consent is optional and you can decide to withdraw it at any time.  Information collected by Sunshine Multisport Ltd about its users is used internally by authorized employees of Sunshine Multisport Ltd for following reasons: To process payment, register you in the program of your choice, update you when required of any possible changes of the planned services at Sunshine Multisport Ltd, determination of those areas, features, and services that are valued the most and found most helpful. Also, we collect information to determine the appropriate participation in the activities and services provided at the Sunshine Multisport Ltd and on our site.

Competitions

We may run competitions on our Site or through our social media channels. Any competitions run via the Site or via our social media channels will be subject to our General Competition Terms available.

Securing Your Information

The Sunshine Multisport Ltd website uses sophisticated security and safeguard measures to protect users’ information.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties such as Google Analytics.

Contract Terms & Conditions

All services purchased from Sunshine Multisport Ltd must be preceded by the applicant acknowledging, by way of completing a PAR-Q form, that he/she has no physical limitations preventing him/her from participation and those which are relevant will be supplied in advance.  The applicant also agrees to abide by the rules and regulations of the facilities and acknowledges that these rules and regulations may change from time to time. Furthermore, all applicants release Sunshine Multisport Ltd, its owners, directors, managers and all employees and facilities hired of all liability regarding 1) any injury to self or child 2) any loss or damage to personal property. If purchasing packages that require payments to be made in instalments, the applicant agrees to approve such instalments be made by credit card on the dates as predetermined in the services contract.

Registration & Purchase

To register or purchase from the Sunshine Multisport Ltd online booking system, you must be over 18 years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

Company no: 14924606

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