Swimming lesson terms and conditions

Your swimming lesson membership is governed by these terms and conditions. You should therefore read these terms carefully before you become a member to ensure that they do not include anything you are not willing to agree to.

When purchasing a membership, you also agree to be legally bound by our facility, payment and booking terms and conditions.

In these terms and conditions:

‘we’, ‘us’ or ‘our’ means Durham County Council
‘you’ or ‘your’ means the person purchasing a membership

If you have any questions, please email to csaqua@durham.gov.uk.

Completing the sign-up process constitutes your acceptance of these terms and conditions. In addition, your continued access and use of our facilities constitutes your acceptance of these terms and conditions.

Purchasing a swimming lesson membership

You can purchase a membership at any of our centres.

You must pay for your swimming lesson membership in line with our payment terms and conditions under the monthly membership non-contract option.
When purchasing a membership, you will be subject to the rules and regulations of the centre you choose to attend. The management team of each centre reserves the right to refuse membership.
A membership can be purchased at any of our centres, where we will identify which stage is appropriate for the learner and the availability of lessons within the required stage. If there is no availability, we ask you to keep checking with your local centre.
If you are under the age of 18, you are not permitted to purchase a membership and we will require the authorisation and signature of a parent/guardian to join. If you are a parent/guardian of a child, by signing these terms and conditions, you are confirming that you will ensure that your child will comply with the terms and that the information you provide on their behalf is accurate. Those aged 18 and over are able to purchase their own membership.
Once you have purchased a membership, and booked into swimming lessons you will receive a confirmation email.
You must ensure that all the details provided when you sign up are accurate. We reserve the right to cancel your membership if we believe that the information you have provided is false.

thrive card

When becoming a member, you will receive a thrive card which will remain our property.
The thrive card must be produced to gain access to the facilities. Failure to produce the thrive card will prohibit access.
You are not permitted to loan your thrive card to anyone else. In the event that your thrive card is lost, you are able to request a replacement card via the management team. A charge may apply in respect of a replacement card.
You will be responsible for ensuring that your personal information such as home address, email address and telephone number is kept up to date by notifying us of any changes.

Physical condition and health of members

By signing these terms and conditions, you confirm that you/your child (where applicable) are in a good physical condition and that you are not aware of a medical or other reason as to why you should not engage in active or passive exercise.
You agree that you have read and understood the Health Commitment Statement which is available to view within all leisure centres.

Payment

When you purchase a swimming lesson membership, you must comply with our payment terms and conditions, which form part of this contract.
All swimming lesson memberships are non-contract.

Cancellation period

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day that this contract began.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, such as a letter sent by post or email to csaqua@durham.go.uk.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract within the cancellation period and have not registered an attendance, we will give you a full refund on any fees you have paid.

Membership renewal

The membership continues as an ongoing monthly direct debit payment until cancelled by either party (see ‘Terminating a swimming lesson membership’ and ‘How we can terminate your contract’.

Terminating a swimming lesson membership

A swimming lesson membership can be cancelled at any time by emailing csaqua@durham.gov.uk. 30 days notice must be provided.

Freezing your swimming lesson membership

You may temporarily freeze your membership for up to three months within a one year period from your direct debit start date in the event of a serious illness or injury, which, in the opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a minimum of one month.
A membership freeze will not be implemented until the appropriate evidence is provided. Evidence must be provided by email to csaqua@durham.gov.uk.
If your membership is frozen for longer than three months, we will seek to mutually agree that your membership is terminated.
If you wish to extend the period that your membership is frozen, you must contact us within 30 days before the end of the initial freeze period.

How we can terminate your membership

We may terminate this contract with immediate effect by giving you notice where you:
- have failed to comply with the terms and conditions of this contract
- fail to comply with the facility terms and conditions, which form part of this contract
- fail to comply with the booking terms and conditions, which form part of this contract
- fail to comply with the payment terms and conditions, which form part of this contract
- or the swimming lesson member have failed to comply with the health and safety rules (which are displayed poolside)
Any decision made by us is final.
As well as having the right to terminate your membership, we may suspend your membership with immediate effect by giving notice in writing where:
- you have failed to comply with any of the terms and conditions which form part of this contract.

In the event that the above events occur, you will be unable to use the facilities for the period set out in the notice or such other period notified to you in writing. During the suspension period, you will not be required to make any payments and we will use this time to investigate any incidents or complaints that may have arisen relating to your membership.

End of contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact to csaqua@durham.go.uk as soon as possible.
How we handle complaints.
If a dispute cannot be resolved in accordance with our complaints procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings. The laws of England and Wales apply to this contract and any disputes will be subject to the exclusive jurisdiction to the courts of England and Wales.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when the contract was formed
- losses that were not caused by any breach on our part
- loss, damage or theft of any property belonging to any member or their guest unless caused by the negligence of us or our staff
- loss, damage or theft of vehicles parked in the leisure centre car park or elsewhere within the premises of the centre(s) – all contents left in vehicles are at the owner’s risk

Your privacy and personal information

Privacy notice: your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Variation

We reserve the right to vary the terms and conditions from time to time. Any changes to the terms and conditions will be shared with you through email and will be available to view in our centres.
We may introduce additional categories of membership from time to time. Any changes regarding memberships will be shared with members via email and will be available to view in our centres.

Marketing

As a thrive cardholder, we may contact you from time to time with details of promotions and special offers along with other information you may be interested in. Should you not wish to receive such correspondence, you will have the option to opt-out.

Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

General

We may ask permission of individuals or groups to be photographs for press or promotional purposes.
You are entitled to use the facilities at the leisure centre specified in the registration documentation during opening hours.
The opening hours of each leisure centre can be found online. We reserve the right to change the opening times of each centre and classes at any time.
We may from time to time wish to allow potential members, groups, clubs or others use the centre facilities and reserve the right to do so.
The opening hours of each leisure centre can be found on our website. We reserve the right to change the opening times of each centre and classes at any time.
Occasionally, we may hold private functions/events in parts of each leisure centre. Where this occurs, we will give you reasonable notice, via email. This information will also be clearly displayed within our centres.
We may, from time to time, observe teaching standards in lessons.
If we fail or delay enforcing any of our rights, powers or remedies provided by law, it shall not be construed as a waiver of such rights, power or remedies. In addition, it will not restrict us from exercising our rights in the future.

Additional information about your swimming lesson membership

General swimming sessions

As a swimming lesson member, you can attend all general swimming sessions in any of our pools. If the member is a child, an accompanying adult must pay the applicable entry fees.
If you require support from a carer, free entry is available for up to two carers. Upon entry to the leisure centre, a carers card must be shown. The full admission price must be paid by those that do not hold a carers card.
Please note that as a swimming lesson member, you do not have free access to the following:
- fun, inflatable and raft and float sessions
- Splashtot sessions

Group swimming lessons

Your swimming lesson membership will consist of group swimming lessons.
We may, from time to time, observe teaching standards in lessons.
You will receive one lesson per week (subject to lesson cancellations or bank holidays) which includes teacher administration.
As a swimming lesson member, you will receive a minimum of 45 lessons each year within your membership.
If the pool must close due to circumstances outside of our control, such as emergency back washes and power cuts, then as long as you have received a minimum of 45 lessons per year, no refund will be issued. If, however, you have not received a minimum of 45 lessons per year, we will issue a refund.
Should swimming lessons be cancelled due to teacher absence, you will receive a refund.
If we are unable to offer a member the minimum number of lessons each year, we will provide a pro rata refund in relation to the cost of the lessons that did not go ahead.

Changes to swimming teachers

Sometimes it may be necessary for alternative swimming teachers to temporarily cover lessons at short notice. In such events, it will not be possible to inform members of all changes. However, where there is a permanent change, members will be informed.

Bank holidays

Although the swimming lesson programme is continuous, there is an annual break between Christmas and New Year for two weeks. In addition, lessons will not take place on other bank holidays throughout each year. This has been taken into account when calculating the cost of the membership.

Refunds

Due to the various financial regulations which we must comply with, where you are entitled to a refund, we will aim to reimburse you by amending one of your next available scheduled payments.
If the refund relates to a cancellation between the 1^st and the 15^th of any given month, we will amend your next scheduled collection to account for the value of any due refund.
Where the refund relates to a cancellation after the 15^th and up to the end of any given month, we will amend your next subsequent collection to account for the value of any due refund.