Terms and Conditions

Updated February 9th, 2021

By registering for a Different Strokes Swimming or Sydney Swimmers class, lesson, session or program (hereby referred to as ‘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’.

1. Personal liability
a. Swimmers agree and acknowledge that although Different Strokes Swimming/Sydney Swimmers and its instructors attempt to minimise any
risk of personal injury or illness within practical boundaries, accidents do happen.
b. Participation in any of the Different Strokes Swimming/Sydney Swimmers 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/Sydney Swimmers activities.
c. You acknowledge that neither Different Strokes Swimming/Sydney Swimmers 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/Sydney Swimmers activities.

2. Products, services and cancellation
a. All products and services are non-refundable.
i. 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.
b. Refunds are not given for partial attendance.
c. A minimum of 24 hours’ notice is required for all classes, clinics, squad session or program cancellations.
i. If there is less than 24 hours’ notice, the class, squad session, clinic or program is forfeited.
ii. For autopayment options, rescheduled classes must be rebooked within the same 7 day period otherwise they will be forfeited.
d. A minimum of 72 hours’ notice is required for all private lesson cancellations.
e. It is to the absolute discretion of the director whether a replacement class, lesson, clinic or program is provided for a cancelled
class.
f. If an introductory class has to be rescheduled three times, the swimmer will be charged for the cost of the last class. g. All
Different Strokes Swimming packs are valid as follows from date of purchase:
i. Casual class purchases are valid for 1 month
ii. 12 and 6 class packs are valid for 6 months
iii. Auto payments are valid for the period set and agreed
iv. Private lesson packs are valid for 6 months
g. Sydney Swimmers pack of 12 Multi Passes is valid for 3 months from the date of purchase.
h. Different Strokes Swimming/Sydney Swimmers reserve the right to reschedule and cancel classes.
i. Different Strokes Swimming/Sydney Swimmers 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.
ii. Every effort will be made to give reasonable notice to those enrolled if a class, squad session, program or private lesson is
cancelled.
iii. Those enrolled will not be charged for classes, lessons, sessions or programs cancelled by Different Strokes Swimming/Sydney
Swimmers.
i. Different Strokes Swimming/Sydney Swimmers reserve the right to change the instructors/coaches of classes, lessons, sessions or
programs without notice.
j. Different Strokes Swimming/ Sydney Swimmers reserve the right to not run classes, private lessons, programs or squad sessions 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, around January 7.
k. Swimmers are able to 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.

3. Health
a. Swimmers are required to meet minimum health standards, including but not limited to NSW Government Coronavirus Health Guidelines.
b. 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/Sydney Swimmers class/squad session/lesson/clinic/program.
c. Swimmers must alert coaches/ instructors AND the office in the event of an injury, illness or disability which may prevent you from participating fully.

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

5. Safety
a. Swimmers must abide by personal conduct standards, including the rules of the pool being attended.
b . We ask Sydney Swimmers to adhere to the “Golden Rules” of swimming on the Different Strokes Swimmers website,
differentstrokesswimming.com.au.
c. Different Strokes Swimming/Sydney Swimmers 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.
d. In the event of an emergency, please follow the directions given by the pool staff as well as the Different Strokes Swimming/Sydney
Swimmers coaches and instructors.

6. Privacy
a. Different Strokes Swimming/Sydney Swimmers will collect and store the information swimmers voluntarily provide to enable processing
enrolments in classes.
b. This information will be provided to relevant instructors, employers, and medical professionals where necessary.
c. Swimmers
consent to these disclosures.
d. Any information provided by swimmers 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.
e. Any information provided by swimmers can be accessed by them
during standard business hours and updated by contacting the office.

7. Media consent
a. 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.
b. Different Strokes Swimming/Sydney Swimmers will not name, tag, or otherwise identify swimmers in any posts unless approved by the
swimmer.
i. If you have any issues with media consent and wish to be removed from a post, you must notify the office.
c. Different Strokes Swimming/Sydney Swimmers may use this material for promotional and marketing purposes.
d. Different Strokes Swimming/Sydney Swimmers are not liable to pay swimmers a fee, or in the case of media activity, seek further
approval from swimmers, to create posts.
e. Any copy and/or images obtained by the media may be edited to suit the needs of the publisher without notice prior to publication.

8. Ocean Swims and Open Water Training Programs
a. 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, medical conditions and sharks. By participating in an ocean swim, you acknowledge that
i. You can, for our Open Water Training Program, swim a minimum of 200m freestyle non-stop for the Beginner class and 500m freestyle
continuously for our Advanced class. For our ocean swims, you must be able to swim a minimum of 1500m freestyle continuously.
ii. You are in good health and your physical condition has been verified by a licensed medical doctor.
iii. You have informed the coach/es of any current illness or injury prior to commencing the training session.
iv. 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.

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

10. Coronavirus Safety Precautions
a. Swimmers, instructors and coaches must maintain a distance of 1.5m from each other in the pool and when moving to and from the
venue.
b. By attending a class, squad, Open Water Training session 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/latest-news-and-updates and
case locations if you are unsure. 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
c. If you suspect that you may have contracted Coronavirus, you must contact our COVID liaison officer Jenny Davidson or Director,
Kari Baynes on 0431571161 as soon as possible.
d. Anyone who has not pre-booked in will be turned away from the class or squad session to ensure robust means of contact tracing. You
must also check in at the aquatic facility before your class or squad session to assist with contact tracing.
e. If you have tested positive for Coronavirus, self isolated for 14 days and when recovered, we will require a medical certificate of
clearance for participation in classes, squads or training programs.
f. If you suspect you have contracted coronavirus or have flu-like symptoms, classes, squad sessions and other programs will not be
forfeit even if cancelled within 24 hours of the class start time to avoid penalising clients for staying home when sick. However,
please notify us of cancellation due to illness as soon as practical. We do request that you follow NSW Health guidelines and take a
COVID-19 test before returning to classes, squads or Open Water Training if you have flu-like symptoms.
g. Any personal equipment such as asthma inhalers or nose clips must be kept in plastic bags by the pool.
h. All equipment such as pool buoys, flippers, kick boards, etc must be cleaned and disinfected between uses. We strongly encourage
swimmers to bring their own goggles and personal training equipment.
i. Do not share equipment such as towels, drinks or other items.
j. We urge all swimmers to not loiter at the facilities before or after classes, sessions or programs, but to leave as soon as
possible after each session, class or program concludes.
k. We will undertake to work with NSW Health and SafeWork NSW should we be contacted in relation to a positive case of COVID-19.