Definitions and interpretation in this Agreement:
- “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.
- “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.
- “Private Lessons” / “1-2-1” / “2-2-1”
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.
- “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.
- “Services” / “Service” / “Product”
Means the work, service, item or product supplied by Typhoon to you.
- “Class” / “Lesson”
Means the time and day that you / your child receives Our Services.
- “Effective date” Means the earlier of:
- The date You send to Typhoon this signed Agreement; or
- The date Typhoon begins supplying Services to You.
- “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.
- “Late booking”
Means anything within 2 weeks of the first day of a Crash Course.
- “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.
- “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
- “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.
Manual handling of children
- You give our teachers permission to be in the water with your child and to manually help them with their swimming.
- 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.
- All Typhoon Teachers/Instructors are DBS checked every 3 years and complete self-declaration statements.
Photography & Underwater Photography
- 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.
- Typhoon will not use full names or personal identifying information without written approval from you.
- 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.
- All photos/videos/etc will be available for free with a “Typhoon” watermarking.
- 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.
- You must not publish or alter any image or photo or video in a way that would bring harm or disrepute to Typhoon