Terms & Conditions – Different Strokes Swimming

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Terms and Conditions

Updated January 27th, 2023

By registering for any Different Strokes Swimming class, lesson, squad or Open Water Training session, clinic, intensive, masterclass, or program (hereby referred to as ‘class’ or ‘classes’), you confirm and agree to the Terms and Conditions set by Mermaids International Pty Ltd, ABN 91169645845, trading as ‘Different Strokes Swimming’ and ‘Sydney Swimmers’.

Personal liability
1. Swimmers agree and acknowledge that although Different Strokes Swimming and its instructors attempt to minimise any risk of personal injury or illness within practical boundaries, accidents do happen.
2. Participation in any of the Different Strokes Swimming activities could constitute a risk of injury or illness to yourself. Swimmers voluntarily and knowingly recognise, accept, and assume this risk and warrant that they are physically fit and able to perform the Different Strokes Swimming activities.
3. You acknowledge that neither Different Strokes Swimming nor its directors, instructors or employees are, nor are deemed to be responsible or liable, for any injury, illness, or other mishap you sustain arising from or out of, or in any way directly or indirectly connected with, the Different Strokes Swimming activities.

Products, services, and cancellation
1. All products and services are non-refundable.
  1. A 10-day cooling off period is given in which a service may be refunded prior to the attendance of the first class or private lesson or squad session.
2. Refunds are not given for partial attendance.
3. A booking is required prior to the scheduled start of class to attend any Different Strokes Swimming class. If a client does not have a booking confirmed prior to the start of the class, they may be turned away from the class.
4. A minimum of 24 hours’ notice is required for all classes, clinics, squad session or program cancellations.
  1. If there is less than 24 hours’ notice, the class, squad session, clinic or program is forfeited.
  2. For auto-payment options, rescheduled classes must be rebooked within the same 7-day period otherwise they will be forfeited.
5. A minimum of 48 hours’ notice is required for all private lesson cancellations.
6. It is to the absolute discretion of the director whether a replacement class is provided for a class cancelled by the participant within the minimum notice period.
7. If an introductory class must be rescheduled three times, the swimmer will be charged for the cost of the last class.
8. All Different Strokes Swimming packs are valid as follows from date of purchase:
  1. Casual class purchases are valid for 1 month
  2. 6 x Class Plus Packs are valid for 2 months
  3. Auto payments are valid for the period set and agreed
  4. Private lesson packs are valid for 6 months
  5. Sydney Swimmers pack of 8 Squad/SwimFit Multi Passes are valid for 3 months.
9. Different Strokes Swimming reserve the right to reschedule and cancel classes.
10. Different Strokes Swimming will only cancel classes due to weather if there is an electrical storm, a major weather event, poor surf conditions or questionable water quality (open water), or as deemed by pool management.
11. Every effort will be made to give reasonable notice to those enrolled if a class is cancelled.
12. Those enrolled will not be charged for classes cancelled by Different Strokes Swimming.
13. Different Strokes Swimming reserve the right to change the instructors/coaches of classes without notice.
14. Different Strokes Swimming reserve the right to not run classes on public holidays or over the Christmas holiday season, usually closing on or around December 21 each year and reopening after the first week of January.
15. Swimmers can pause class, lesson, and squad packs and autopayments for a minimum of two weeks and a maximum of three months on two occasions per twelve-month period each. Any requests outside of the period noted is at the discretion of management.
  1. To enact a pause or suspension of class packs or auto-payments we require a minimum of 48 hours’ notice in writing to [email protected].

Health
1. Swimmers are required to meet minimum health standards, including but not limited to NSW Government Coronavirus Health Guidelines.
2. Swimmers attest that they have been examined by a licensed medical practitioner within the past 6 months and have been found by such practitioner able to perform all vigorous exercise, in and out of the water, which you are to perform during a Different Strokes Swimming class.
3. Swimmers must alert coaches/instructors AND the office in the event of an injury, illness or disability which may prevent them from participating fully.

Hygiene
1. Swimmers are required to adhere to hygiene standards.
2. Appropriate, clean, and suitable swimming attire is required for entry to the pool.
3. Swimmers are required to shower prior to entering the pool.
4. Swimmers may not attend classes if they have any infections or illnesses, such as conjunctivitis, coronavirus, open wounds, any gastro viruses, or serious infections.

Safety
1. Swimmers must abide by personal conduct standards, including the rules of the pool being attended.
2. Different Strokes Swimming reserves the right to refuse entry, suspend or cancel an enrolment/membership, or request any person to leave a class if that person does not behave in a responsible manner, is rude, aggressive or disruptive, uses abusive or inappropriate language, is under the influence of drugs/alcohol or does not adhere to the general conditions of entry.
3. In the event of an emergency, please follow the directions given by the pool staff as well as the Different Strokes Swimming coaches and instructors.

Privacy
1. Different Strokes Swimming will collect and store the information clients voluntarily provide to enable processing enrolments in classes.
2. This information will be provided to relevant instructors, employers, and medical professionals where necessary.
3. Clients consent to these disclosures.
4. Any information provided by clients will be stored on a database that will only be accessed by authorised personnel and is subject to privacy restrictions. It will not be shared with any third parties.
5. Any information provided by clients can be accessed and/or updated by them during standard business hours by contacting the office.

Media consent
1. Different Strokes Swimming/Sydney Swimmers posts photos, videos, recordings, and commentary on a number of social media sites where they have accounts, including Facebook, Instagram, Twitter, Pinterest, and the Different Strokes Swimming/Sydney Swimmers websites.
2. Different Strokes Swimming/Sydney Swimmers will not name, tag, or otherwise identify clients in any posts unless approved by the client.
  1. If you have any issues with media consent and wish to be removed from a post, you must notify the office.
3. Different Strokes Swimming/Sydney Swimmers may use this material for promotional and marketing purposes.
4. Different Strokes Swimming/Sydney Swimmers are not liable to pay clients a fee, or in the case of media activity, seek further approval from clients, to create posts.
5. Any copy and/or images obtained by the media may be edited to suit the needs of the publisher without notice prior to publication.

Ocean Swims and Open Water Training Programs
1. Open water swimming classes and events involve a range of risks, including the risk of serious personal injury. Obvious risks include and are not limited to the following: injury and/or drowning, cold weather and water, entry and exit injuries, stings, sandbars, all marine life including sharks, and risks associated with pre-existing medical conditions. By participating in an ocean swim or open water swimming session you acknowledge that:
  1. You can, for our Open Water Training Program, swim a minimum of 500m freestyle continuously and tread water for three minutes. For our ocean swims, you must be able to swim a minimum of 1500m freestyle continuously.
  2. You are in good health and your physical condition has been verified by a licensed medical doctor.
  3. You have informed the coach/es of any current illness, injury, or pre-existing medical condition prior to commencing the training session.
2. You fully understand the risk inherent in such a fitness program and accept for yourself, your heirs, and your personal representatives full responsibility for personal bodily injury, death, or property losses that may occur as a result of your being a part of this program or engaging in training sessions.

Changes to Terms & Conditions
1. Different Strokes Swimming reserve the right to update their Terms & Conditions by sending swimmers the new versions.
  1. Swimmers must notify the office in writing of any non-acceptance within 14 days of the new Terms & Conditions.
  2. If there is no notice of non-acceptance, swimmers will be subject to the updated Terms & Conditions.
2. Refusing to accept the Terms & Conditions can result in the termination of your classes with Different Strokes Swimming.

Coronavirus Safety Precautions
1. By attending a class, you are confirming that you do not have any COVID-19 like symptoms and you are not violating directions to self-isolate by attending. Please visit https://www.nsw.gov.au/covid-19 if you are unsure of current NSW Government guidelines. You are also confirming that you will comply with the COVID-19 procedures and guidelines as set out by the aquatic facility and by Different Strokes Swimming.

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