Different Strokes Swimming and Sydney Swimmers Terms and Conditions.
Updated July 16, 2019
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 within practical boundaries, accidents do happen.
b. Participation in any of the Different Strokes Swimming/Sydney Swimmers
activities could constitute a risk of serious injury 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, whether in contract or in tort or under any statute whatsoever, 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.
d. You indemnify and will at all times keep indemnified Different Strokes Swimming/Sydney Swimmers, its Directors, instructors and employees from and against all actions, suits, cause of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against Different Strokes Swimming/Sydney Swimmers its Directors, instructors and employees in connection with or arising out of any such injury, illness or mishap to you.
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, private lessons, clinic or program cancellations.
i. If there is less than 24 hours’ notice, the class, private lesson, clinic or program is forfeited.
d. It is to the absolute discretion of the director whether a replacement class, lesson, clinic or program is provided for a cancelled class.
e. If an introductory class has to be rescheduled three times, the swimmer will be charged for the cost of the last class.
f. All Different Strokes Swimming packs are valid for 6 months from the date of purchase.
i. Casual class purchases are valid for 1 month.
g. Sydney Swimmers Quarterly membership and Multi Passes are valid for 3 months from the date of purchase.
h. Different Strokes Swimming/Sydney Swimmers reserves 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 reserves the right to change the instructors/coaches of classes, lessons, sessions or programs.
j. Different Strokes Swimming/ Sydney Swimmers reserves 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.
a. Swimmers are required to meet minimum health standards.
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.
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, open wounds, any gastro viruses or serious infections.
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 Sydney Swimmers website, sydneyswimmers.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 members of staff as well as the Different Strokes Swimming/Sydney Swimmers coaches and instructors.
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 our swims across Bondi, swim 1500m 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.
v. You hereby indemnify and save and hold harmless Sydney Swimmers & Different Strokes Swimming and its coaches from any loss, liability, damage, and cost you may incur due to my participation in this program.
9. Changes to Terms & Conditions
a. Different Strokes Swimming/Sydney Swimmers reserves 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.