Terms & Conditions of Typhoon’s
Lessons and Classes

Updated: 27.06.24

Definitions and interpretation in this Agreement:

    1. “Weekly lessons”
      Means lessons that are supplied on a single day of the week, reoccurring on a weekly basis, 48 weeks of the year. Each lesson is up to 30 minutes in duration and includes feedback to the adult responsible.
    2. “Crash courses”
      Means lessons that are supplied on a daily basis for 5 consecutive days. Each lesson is up to 30 minutes in duration and includes feedback to the adult responsible.
    3. “Private Lessons” / “1-2-1” / “2-2-1” / “1to1” / “2to1”
      Means ad hoc lessons which are pre-booked. There is no assumption from either party that the booking is reoccurring and each lesson or block of lessons will need to be agreed on separately.
    4. “Charge” / “Charges” / “Payment” / “Fees”
      Means the fees payable by You to Typhoon under this agreement for Weekly Lessons, Crash Courses or any service or product provided.
    5. “Services” / “Service” / “Product”
      Means the work, service, item or product supplied by Typhoon to you.
    6. “Class” / “Lesson”
      Means the time and day that you / your child receives Our Services.
    7. “Effective date” Means the earlier of:
      1. The date You send to Typhoon this signed Agreement; or
      2. The date Typhoon begins supplying Services to You.
    8. “Force Majeure Event”
      Means an event, or a series of related events, that is outside the reasonable control of the party affected (including but not limited to: power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, severe weather, terrorist attacks and wars.
    9. “Late booking”
      Means anything within 2 weeks of the first day of a Crash Course.
    10. “We” / “Our” / “Us” / “Typhoon”
      Means Typhoon Aquatics (Company Number 10049281) or any of its partner, agent, sister or subsidiary companies which are subject to change – a full list can be supplied on request.
    11. “You”/ “Yours” / “Their” / “Yourself”
      Means the legal person named at the top of this agreement whom has the right to enter into this contract on behalf of the child or adult to which Our Services are supplied to
    12. “Written notice” / “writing” / “write to you”
      Means communication via email, SMS or post. Unless recorded by Typhoon, conversations in-person, on the phone or otherwise are not a form of formal communication for the purposes of this agreement and must be followed by written confirmation. Unless otherwise states in this agreement, only email (with read-receipt confirmation), or recorded delivery post are considered valid forms or writing when you communicate with us.

Services

    1. Typhoon will supply tuition to you or your child in accordance with the below and the rest of the terms within this agreement.
    2. We will carry out our services with reasonable care and skill.
    3. We shall comply with statutory regulations

Obligations

    1. You will bring your child (or yourself if you are personally receiving the services) at the agreed time and date(s) to their/your lesson as appropriate.
    2. You will return a booking form to us, which details all known allergies and contact numbers. If any of these details change in the future, it is your responsibility to inform us in writing.

Charges and Procedures

    1. Weekly Lessons:
      1. Payment must be made via our chosen payment gateway. This is currently via Direct Debit on the 18th of each month, in advance of the month ahead.
      2. It is your responsibility to ensure payment is with us on or before the 18th of each month.
      3. The current charge for weekly lessons will be made aware to you at the time of joining and is subject to change with 4 weeks written notice.
      4. If the direct debit fails due to a fault on your side, Typhoon will charge an additional fee of £6.25 +VAT for each subsequent attempt to collect the fees due.
    2. Crash Courses:
      1. Payment must be made in advance in order to secure booking/s, and must be received two weeks before the start date.
      2. Last minute bookings will be allowed to be paid on the first day of the crash course.
      3. The current charge will be made aware to you at the time of booking and is subject to change with 4 weeks written notice.
      4. Typhoon reserves the right to only run crash courses subject to enough demand
    3. Ad-Hoc Services and those not covered elsewhere:
      1. Payment must be made at the point of booking the service
      2. Typhoon will confirm your booking within 5 working days, or provide you with alternatives or a full refund
    4. In the event a payment is not made or is late to us for any service:
      1. If we are unable to collect the payment reliably after contacting you, Typhoon will send you a formal written warning
      2. If Typhoon has sent two formal written warnings in any rolling six-month period, Typhoon reserves the right to either cancel your lessons or request advance payment for the 3 months ahead. This 3-month ‘advance’ must be maintained unless agreed in writing by Typhoon. Your cancellation period will, therefore, be extended to 3 months.
      3. Cancelling lessons by either party does not preclude Typhoon from seeking payment for our services as per the terms of this agreement. Any costs, fines, fees or charges associated with the recovery of fees owed to Typhoon is your liability.
      4. Typhoon reserves the right to instruct debt collection agencies to recover owed monies. You permit us to share your data with these third parties. The current cost for debt collection is £150 + VAT, which will be added to the total fees owed. Further fees may be incurred if the initial debt recovery is unsuccessful, which will be added to the total owed. This includes but is not limited to, court costs, legal expenses, professional advice, travel, accommodation, sustenance, court orders and bailiffs/enforcement officers.
    5. Chargebacks and reclaiming monies:
      1. If you unfairly attempt to recover payments for services rendered, we would like to remind you that it is a criminal offence under the UK’s 2006 Fraud Act to wrongfully chargeback a payment. Typhoon therefore reserves all rights, including those to charge you any additional fees we incur, such as but not limited to payment processor fees, direct debit chargeback fees and credit/debit card dispute fees, plus an administration fee of £35 per each unauthorised transaction you illegitimately recovered, on top of the original amount owed for our services, plus interest at the prevailing bank of England base interest rate + 5%, plus legal recovery costs, plus debt collection fees, court fees, and any other expense we incur as a result of your unauthorised action(s). Typhoon further reserves the right to pass on any fines we receive from governing authorities and/or regulators on a pro-rata basis. Additionally, Typhoon reserves the right to take further legal action for any future consequences we experience as a result of your (or part thereof) illegitimate chargebacks.
    6. Typhoon will email you when your child achieves an award. The award must be redeemed via an online form; payment will be debited before the award is posted to you.

Limitations of liability

    1. In the event of a breach of the terms in this Agreement, nothing in this Agreement will exclude or limit the liability of either party for: loss of profits, income or anticipated savings; loss or corruption of any data, database or software; reputation damage or damage to goodwill; fraud or fraudulent misrepresentation on the part of that party; or any other liability which may not be excluded or limited under applicable law.
    2. Typhoon will not be liable for any losses or missed lessons arising out of a Force Majeure Event including severe weather, terrorism, viral outbreak or structural damage.
    3. Typhoon will not be liable for any property lost, stolen or damaged
    4. Typhoon will not be liable for any children once they have been handed back to you (or the collecting adult).
    5. You give authorisation to Typhoon to administer first-aid treatment, if necessary, in your absence.
    6. You will not hold Typhoon or its instructors liable for any loss, harm, damage, etc, whether material or immaterial.
    7. You are responsible for your children and ensuring their safety, behaviour and supervision at all times, including before, during and after their lesson.
    8. You will be liable for any damage you or your child causes to our property, building or equipment (including cleaning contaminated material).
    9. Typhoon cannot accept any responsibility for any incident that was the sole responsibility of the swimming teacher in charge of the class or lesson in which the incident occurred. Full liability, in such cases, is with the teacher delivering the lesson.

Warranties

    1. You warrant to Typhoon that you have the legal right and authority to enter into this Agreement.

Refunds

    1. If for a legitimate reason due to the quality of the lessons you are not happy, a partial or full refund may be issued.
      1. For weekly lessons: you must raise any concern within 7 days of the lesson you wish to raise a concern about
      2. For Private/121 lessons: you must raise any concern within 7 days of the lesson you wish to raise a concern about
      3. For crash courses: you must raise any concerns by close of play on the 2nd day of the course
      4. Failure to follow the above will waiver any right you may have to a refund
    2. Missed Weekly Lessons and missed Crash Courses will not be refunded.
    3. For Private Lessons, such as a 1to1, If you cancel with 72 hours notice, there will be no charge. If the lesson has already been paid for, payment will be carried over to another lesson. If you cancel within 72 hours before the lesson, we will charge 50% of the lesson fee.
    4. If we fail to provide you with the minimum number of lessons per year as defined in “Definitions and interpretation in this Agreement”, and subject to the clauses within “Limitations of Liability” we shall refund you pro-rata.
    5. We reserve the right to run a replacement ‘make up’ session/s in lieu of a refund.
    6. Typhoon reserves full discretion as to the total amount of any refund we will grant. This will be based on factors such as the nature of the concern, the length of time it has occurred, if we have failed to suitably address your concerns in previous correspondences, and so on.
    7. Any refund or compensation issued must be kept strictly confidential. Failure to do so will result in your forfeit of the compensation or refund.

Manual handling of children

    1. You give our teachers permission to be in the water with your child and to manually help them with their swimming.
    2. Physical contact in an aquatic environment, especially when in the water with Children, is inevitable. Our methods require us to make more physical contact with your child than other providers in order to provide safety, class management, support and correction in technique for our learners to progress as rapidly as possible:- ultimately being able to swim on their own without manual support, correction or management. We may also generally make contact with your child such as (but not limited to) helping your child move about the pool, climbing in/out, protecting them from bumping in to other swimmers/objects, for their personal safety in the water and so on. You give us full permission to do this. Typhoon will always try to conduct our lessons in full view of you, so that you can see what we are doing at all times. Please, if you are uncomfortable at any point and can’t clearly see the lesson, feel free to re-locate where you are watching the lesson from, so that you can better see what we are doing. We believe utter transparency is the key to trust with regards to child protection.
    3. All Typhoon Teachers/Instructors are DBS checked every 3 years and complete self-declaration statements.

General

    1. This agreement is in full effect from the effective date or as soon as you begin receiving services from us, whichever is the sooner.
    2. If this agreement changes we will update this page accordingly. You will be deemed to have accepted any changes in these terms as soon as you have received any service from us.
    3. No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
    4. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
    5. This Agreement may be varied from time to time. The latest version will be available on our website. It is your responsibility to ensure you are happy with the latest version of our terms and conditions.
    6. By accepting our services, you also accept our terms and conditions.
    7. You give us permission to fix your child’s Equipment (for example their goggles). However, if through fixing their goggles they are accidentally broken you agree not to hold us liable.
    8. If a child is ill in the pool (including, but not limited to; vomit, diarrhoea, chickenpox etc) and results in closure of lessons for the safety of others – you agree not hold Typhoon financially responsible.
    9. Typhoon reserves the right to consolidate classes in order to create spaces on our register. We will give you 2 weeks’ notice in the rare event that we intend to move your child to a different class. If we can no longer accommodate you/your child, we reserve the right to end their lessons as per the clauses within “Termination”
    10. You agree not to solicit clients away from Typhoon to other businesses
    11. You agree not to try to copy, imitate or replicate Typhoon or our methods in any way, shape or form, or to try and establish a rival business to us or to inform a third party of our methods, systems and processes in order for them to gain a competitive advantage.
    12. From time to time, Typhoon may need to implement temporary or permanent policies and procedures, which may differ between locations. You agree to abide by these policies and procedures. Failure to do so may result in immediate termination without a notice period.
    13. You must inform us if you have ever committed an offence (even if you have not been caught), been cautioned, subject to a court order, bound over, received a reprimand or warning or been found guilty of committing any offence that results you or any adult that may accompany your child to lessons being subject to a child protection order or barred from working with children.

Photography & Underwater Photography

    1. Typhoon may from time to time take photographs of our lessons. You hereby authorise Typhoon to take and publish photographs taken of yourself and/or your child for promotional use, and you forfeit any claim, ownership, royalty or financial payment for participation and publication of any photos we use.
    2. Typhoon will not use full names or personal identifying information without written approval from you.
    3. You agree not to hold Typhoon, its contractors, group, or employees for any liability for any claims by you or your child in connection with your participation in having your (or their or both) photo taken.
    4. All photos/videos/etc will be available for free with a “Typhoon” watermarking.
    5. All photos/videos/etc will also be available watermark-free. We will supply the non-watermarked photo digitally and you will have unlimited non-commercial use of this watermark-free photo to do as you wish.
    6. You must not publish or alter any image or photo or video in a way that would bring harm or disrepute to Typhoon

Data, Records & Website:

    1. Typhoon will maintain up-to-date data within our database for the purpose of effective management and administration of lessons. You agree to allow us to hold such information about you and your child on both paper and electronically and not hold us liable for unauthorised access, trespassing, attacks, hacks, interceptions or intrusions where this information is stolen via any means.
    2. Typhoon will never sell your data to a third party.
    3. We will not pass your details on to a third party outside the Typhoon Group unless required by law, or report a safeguarding incident, or to fulfil our obligations under this agreement, or for the management and administration of the business.
    4. If any of your details change, for instance, address or medical conditions, you agree to inform us immediately.
    5. You agree to allow Typhoon to timestamp the submission of website forms, record your IP address, computer, and browser information for legal identification, and store cookies on your electronic computer/devices.

Termination

    1. Either party may terminate the services by giving written notice to the other party under the following circumstances:
    2. For term lessons: 4 weeks advanced notice
    3. For crash courses: 4 weeks before the start date of the first lesson. Cancellations made by you 4 weeks or more will be refunded minus £10.00 to cover the payment processing and refunding fees plus our administration.
    4. For 1-2-1 lessons: 4 weeks notice before the start of the lesson
    5. All letters of cancellation must be sent via recorded delivery to: Typhoon, The Hive, Stretford Bridge, Leominster, Herefordshire, HR6 9DQ.
    6. All emails of cancellation must be sent to Hello@TyphoonLeisure.com and are not deemed to be delivered until we have replied.