Lesson and Photo Shoot Terms and Conditions

Lesson Terms And Conditions

These are the terms and conditions on which our franchisees (“Franchisees”) licensed to provide Turtle Tots lessons supply their services to you.  The specific Franchisees will be notified to you when you book your lesson.  All customers are expected to abide by the terms and conditions set out below.

Please read these terms and conditions carefully. These terms and conditions tell you who we are, how the Franchisees will provide services to you, how you and the Franchisees may change or end the contract, what to do if there is a problem and other important information. 

Please note that we are not the provider of the lessons, and your contract is between you and the Franchisee.

Information About Us, And How To Contact Us

We are Turtle Tots Limited, a company registered in England and Wales. Our company registration number is 07590163 and our registered office is at Railway House Station Close, Backwell, Bristol, BS48 1TJ UK. Our VAT number is 157269874.

You can contact us by telephoning 01275 462 022 or by writing to us at 3 Farleigh House, Old Weston Road, Flax Bourton, Bristol BS48 1UR, UK.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 

When we use the words "writing" or "written" in these terms, this includes emails.

1.     The Franchisees’ Contract With You 

1.1.     Acceptance of your order by the Franchisee will take place when we email you with an order acknowledgement, at which point a contract will come into existence between you and the Franchisee. 

1.2.     If the Franchisee is unable to accept your order, we will inform you of this in writing and will not charge you for the lesson. 

2.     Health, Safety And Instructions 

2.1.     Customers are responsible for their children at all times. 

2.2.     It is the customer’s responsibility to inform their Franchisee or teacher of health issues or anything else that could affect their or their child’s capabilities in the pool, and enjoyment of Turtle Tots lessons. All information provided will be treated confidentially.

2.3.     Nappies (including disposable swim nappies) must not be left on the pool premises.

2.4.     Customers may not run on the side of the pool or enter the pool without a Franchisee or other member of Turtle Tots staff present.

2.5.     Customers must follow pool procedures as advised to them at the time of confirmation or subsequently. 

2.6.     Customers should aim to arrive no more than 15 minutes before the lesson and leave no more than 15 minutes after the lesson to help improve changing room comfort.

2.7.     Car seats and pushchairs etc. should not be left in the changing rooms and your local office will advise you of where they can be safely left. Pushchairs are strictly not allowed at any poolside.

2.8.     Food is forbidden in the pool buildings. 

2.9.     Smoking is forbidden in any pool building and pool grounds.

2.10.  Strictly no outdoor footwear is to be worn poolside.

2.11.  You must not bring your child to a lesson for at least 48 hours after being clear of any symptoms of illness, sickness or diarrhoea, or at least two weeks after being clear of symptoms in the very rare event of cryptosporidiosis. If in doubt seek medical advice.

2.12.  Always change your child on the floor using its own changing mat or a designated baby-changing table.

2.13.  Please take away used nappies, unless there is a clearly marked designated nappy bin at the venue. 

2.14.  All swimmers must shower poolside before entering the pool.

2.15.  Lost property found at the pools will be kept at the office of the Franchisee.

2.16.  Please adhere to the instructions given to you regarding car parking, entry and exit route to pools.

2.17.  Franchisees occasionally operate in lone worker environments. In this situation customers will be informed of the emergency procedure to follow in the unlikely event of the Franchisee becoming seriously ill or injured.

3.     Price And Payment 

3.1.  The price of the lessons (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. 

3.2.  It is always possible that, despite our best efforts, our lessons may be incorrectly priced at the time you place your order. We will contact you if the lessons have been incorrectly priced when you placed your order, and we reserve the right to cancel the order if we are unable to agree the correct price.

4.     Payment options

4.1.  Turtle Tots franchisees may at their discretion choose to limit or change the type of payment options they offer but they will offer at least one of our standard payment options at all times.

4.2.  For each of the payment options set out below, all the monthly fees and any other charges could change in line with section 9.

4.3.  The types of standard payment option we offer are as follows:

4.3.1.     Standard monthly

4.3.1.1.         With this payment option, you commit to being a member and paying the monthly subscription fee for at least one full calendar month; and

4.3.1.2.         After the full calendar month has elapsed, your subscription continues on a monthly basis but you can cancel it in line with  section 7.

4.3.2.     Standard termly

4.3.2.1.         With this payment option, you commit to being a customer and paying the fees for a full term of lessons for at least one full term

4.3.2.2.         Your franchisee may entirely at their own discretion allow you to pay your termly fees by fixed instalments across the duration of the term you have committed to.

4.3.2.2.1.             This offer should not be confused with the standard monthly subscription described in these T&Cs offered by some franchisees.

4.3.2.2.2.             If you pay in instalments for your term you are committed to the full term of lessons and cannot cancel during the term you have committed to without prior written consent from your local Turtle Tots franchisee.

4.3.2.3.         With this payment option, you will be asked by week seven of the current term if you wish to continue with the lessons next term. 

4.3.2.4.         You will be able to renew your place for the next term by paying the fees for the next term but you can cancel it in line with section 7.

4.3.2.5.         Places in your existing lesson will normally be held until between week 6 – week 8 and then offered on a "first come first served" basis to others.

5.     Payment methods

5.1.  Unless you have chosen our termly payment option, you must pay your monthly fees in advance every month by the payment subscription service designated by your local Turtle Tots franchisee.

5.2.  You must sign up to the payment service prior to the start of your lessons and we will take your payment on or around the first working day of each month.

5.3.  If you are paying via our termly payment option you must pay for your term of lessons at the point of booking your place using the payment methods available.

5.4.  We may, entirely at our discretion, accept other payment methods.

6.      Failing to pay

This section is about what will happen if you do not pay your monthly subscription fee or any other fees or charges you have agreed to pay because:

  a) - The account details you gave us for the direct debit are wrong; or

b) - There is not enough money available in your bank account; or

c) - You have cancelled your subscription payment without giving us the correct notice period (see  section 7 of these Terms and Conditions)

6.1.  If the account details you gave us for the direct debit are wrong:

6.1.1.     We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to set up a new subscription payment.

6.1.2.     While you owe us payments you may not be allowed attend lessons. This is entirely at discretion of your Turtle Tots franchisee. Once your payments are up to date you will be allowed to attend lessons again but you will not be entitled to a refund or catch up lesson(s) for any lessons missed due to non-payment. 

6.2.   If there is not enough money available in your account:

6.2.1.     We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your lessons from the end of that month.  Where a subscription payment has failed or been refused, we may attempt to obtain payment through the same subscription payment method. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.  

6.2.2.     While you owe us payments you may not be allowed attend lessons. This is entirely at discretion of your Turtle Tots franchisee. Once your payments are up to date you will be allowed to attend lessons again but you will not be entitled to a refund or catch up lesson(s) for any lessons missed due to non-payment. 

6.3.   If you have cancelled your subscription without giving us notice:

6.3.1.     We will ask you to pay by cash, debit card or credit card. We will cancel your subscription from the end of the following month and your account will remain in debt until the outstanding payment is made.

6.3.2.     While you owe us payments you may not be allowed attend lessons. This is entirely at discretion of your Turtle Tots franchisee. Once your payments are up to date you will be allowed to attend lessons again but you will not be entitled to a refund or catch up lesson(s) for any lessons missed due to non-payment. 

6.4.  We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us and you hereby authorise us to do so.

7.     Your right to cancel your subscription

7.1.  Cancelling your subscription during the cooling-off period

7.1.1.     If you have purchased your subscription online, you have a legal right to change your mind within 14 days of joining and receive a refund. The 14-day cancellation period commences the day you book your lessons and receive confirmation that we have accepted your booking. This is called the ‘cooling-off period’. If you choose to cancel within the cooling off period, we will give you a full refund of any fees you have paid.

7.1.2.     If you want to cancel your subscription within the cooling-off period, you must send your notice in writing to your Turtle Tots franchisee.

7.2.  Cancelling your subscription after the cooling-off period if you have chosen our monthly payment subscription option

7.2.1.     To cancel your subscription after the cooling-off period has expired, you must send your notice in writing to your Turtle Tots franchisee. If your Turtle Tots franchisee receives your notice on the first 7 (seven) days of the month, your subscription will end on the last day of the same month. If your Turtle Tots franchisee receives your notice after the first 7 (seven) days of the month, your subscription will end on the last day of the following month. This means we will take one more subscription payment before cancelling your subscription. 

7.2.1.1.         For example, if we receive your notice on 2 May, cancellation will take effect from 31 May, however, if we receive your notice on 10 May, cancellation will take effect from 30 June. 

7.2.2.     If you cancel your subscription in writing (by post or e-mail), when we receive your written notice we will send you an acknowledgement letter or email to confirm the date that your subscription will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us. 

7.3.  If you have chosen our termly payment option, we will cancel your subscription at the end of the term of lessons you’ve paid for unless you renew your subscription through our rebooking process. 

8.     Our right to cancel or freeze your subscription

8.1.  We may cancel your subscription at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.

8.2.  We may cancel your subscription without giving you notice, if:

8.2.1.     We, in our professional opinion, consider that you are not medically or physically able to attend our lessons safely, or;

8.2.2.     You seriously or repeatedly break the conditions of your subscription or;

8.2.3.     If you and/or anyone else bringing your child to lessons use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at any of our venues, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other customers/swimmers at risk.

9.     Our right to change your subscription or these terms and conditions

9.1.    We may, at any time, withdraw and/or substitute a type of subscription or a payment option.

9.2.    From time to time we may change our monthly subscription fees and termly fees. We will try not to change the fee more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect. 

9.3.     We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our customers.

9.4.    When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes in your home club for one full calendar month. If you are not happy with the changes, you can cancel as explained in section 7 of these terms and conditions.

10.  Events Outside Of Our Control And Lesson Refunds

10.1.     We are not responsible for delays outside our control. If our provision of the lessons is delayed by an event outside our or the Franchisee’s control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end your contract with the Franchisee and receive a refund for any lessons you have paid for but not yet received. 

10.2.     We will provide a replacement lesson, credit for the value of that lesson or a refund.

10.3.     We will make any refunds due to you as soon as possible, and in any event within 14 days of a refund being agreed.

10.4.     In the event that you are unable to attend a lesson (for example, due to your or your child’s sickness or holiday), we are unable to refund you as your payment secures your place for the full term.

10.5.     If the Franchisee is unable to run a lesson because of reasons beyond our reasonable control (for example, in severe weather), we are unable to refund you.  However we will use reasonable endeavours to provide a replacement lesson.

11.  Lesson Cancellations and Changes 

11.1.     Occasionally we may have to cancel or change a lesson, and in these instances the Franchisee or teacher will contact you by text message, email or telephone to give you as much notice as possible.

11.2.     If a lesson is cancelled the Franchisee will give you a credit for the value of that lesson, or provide a replacement lesson.

12.  Clothing In The Pool

12.1.     We operate a strict ‘double nappy’ policy for babies, toddlers and children that are not fully toilet trained.  An approved snug-fitting neoprene swim nappy must be worn with a disposable or re-usable swim under-nappy underneath. Approved Turtle Tots neoprene nappies and re-usable under nappies are available from the Turtle Tots online shop or from your local Turtle Tots office.

12.2.     Babies, toddlers and children may also wear swimming costumes, swimming trunks, wetsuits and similar swimwear, but must still adhere to our double nappy policy if they are not fully toilet trained. 

12.3.     Customers must not wear make-up, or loose or sharp jewellery.

12.4.     Adults must wear appropriate swimwear in the pool.

12.5.     Adults are required to bring clear-lensed goggles to some of our lessons, where underwater activities are included. Recommended goggles are available from the Turtle Tots online shop or from your local Turtle Tots office.

13.  Teachers

13.1.     We always try out best to make you always have the same teacher for your lesson, but we cannot guarantee this. Occasionally teachers are unwell, or leave, or are unable to attend for other reasons.  All teachers are as qualified as they possibly can be through the Swimming Teachers’ Association or Swim England, and also complete the same Turtle Tots training. Therefore a different teacher leading it will in no way affect the quality of your lesson.

14.  Lost Property & Valuables

14.1.     All clients are responsible for their own property, including valuables, before, during and after lessons.

14.2.     Should a client leave any property they should subsequently inform the Turtle Tots office. Turtle Tots will then phone the relevant staff and, if they are still at the pool, request that they make a search for the item as soon as convenient.

14.3.     Any property left at a pool, spotted by Turtle Tots staff - and known to belong to a client – will be retained by the instructor or handed in to the office and kept for a period of at least three months.  At that point if it remains unclaimed it will be given to a charity shop or disposed of accordingly.

15.  Exclusion Of Liability

15.1.     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of any Franchisees, our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

15.2.     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

16.  Queries And Complaints

16.1.     We hope you will be delighted with your Turtle Tots experience. However if you have any questions or complaints, please speak to your teacher or local office in the first instance, who will do their upmost to resolve the issue.

16.2.     If the issue is not resolved to your satisfaction you may submit a written complaint to Turtle Tots head office, using the details provided at the beginning of these terms & conditions.

17.  Other Important Terms

17.1.     The Franchisee or we may transfer this agreement to someone else. The Franchisee or we may transfer the Franchisee’s rights and obligations under these terms to another Franchisee or organisation.

17.2.     You need the Franchisee’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if the Franchisee agrees to this in writing. 

17.3.     Nobody else has any rights under this contract. This contract is between you and the Franchisee. No other person shall have any rights to enforce any of its terms.

17.4.     If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5.     Even if the Franchisee or we delay in enforcing this contract, we can still enforce it later. If we or the Franchisee do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us or the Franchisee taking steps against you at a later date. For example, if you miss a payment and we do not chase you but the Franchisee continues to provide the lessons, we can still require you to make the payment at a later date.

17.6.     These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.  Changes To Our Terms And Conditions

18.1.     We reserve the right to update our terms and conditions from time to time, and the amended version will be posted on our website and will take effect immediately. If deemed necessary, the amended terms and conditions will also be emailed to customers.

18.2.     By using our website, and booking lessons, customers are agreeing to be bound by our terms and conditions.
 

19.  Data protection, Online Security And Privacy

19.1.     Occasionally we take photographs and videos during lessons and use them for marketing purposes e.g. on social media sites and the Turtle Tots website. If you do not want your photograph used in this manner please advise the Franchisee or your teacher.

19.2.     When you book a Turtle Tots lesson we require you to register your details and those of your child or children.

19.3.     We respect your need for privacy and keep any information that you share with us in confidence. We are bothered by spam and unsolicited phone calls as much as you are, and we do what we can to discourage these practices. The information you provide us is only shared with Turtle Tots Ltd and we do not share this information with any third parties. In short, we use your personal information only to serve you better. We want you to be comfortable contacting us.

19.4.     From time we send out emails to our customers with information that we hope will be of interest. You can choose to unsubscribe to these emails at any time.

19.5.     The names and ages of your children are printed on lesson registers which the teachers and Franchisees us at the pool, and therefore this data is visible to other pool users. 

19.6.     On very rare occasions we may be obliged to disclose your personal information to third parties, but this is only when we are legally obligated to disclose information or to assist fraud protection and minimise credit risk.

19.7.     Any payment card details that you choose to use within our payment system will be used 100% securely by our payment processors.

19.8.     Any data sent electronically to us is done so entirely at your own risk. You are responsible for keeping the password you use to access your Turtle Tots account confidential.

 

 Photo Shoot Bookings Cancellations And Refunds

  • The photo shoot booking fee covers the cost of attending the photo shoot, it does not include any digital images, prints or products
  • If you cancel your photo shoot booking after the cooling off period, but more than 14 days before the photo shoot, you will receive a full refund less an administration charge of €50.
  • If you cancel your photo shoot booking after the cooling off period, but less than 14 days before the date of the photo shoot, we will only offer a refund if we are able to re-allocate your booking to another customer.  Your refund, less an administration fee of €50, will be processed once the booking fee payment has been received from the replacement photo shoot booking.
  • After booking a place on an underwater photo shoot if you are subsequently unable to attend the photo shoot (for example, due to your or your child’s sickness or holiday), we are unable to issue a refund.
  • If the Franchisee is unable to run the photo shoot, or the time or date of the photo shoot changes due to reasons beyond control (for example in severe weather), we are unable to provide a refund. However the Franchisee will use reasonable endeavours to reschedule the photo shoot as soon as possible.

Photo Shoot Attendance

  • All babies and toddlers attending a Turtle Tots underwater photo shoot should be completely happy and comfortable with swimming under water at the time of the photo shoot. Franchisees are trained to respect and respond to your baby’s communication and cues and may decide if it is not appropriate for your baby or toddler to go underwater during the photo shoot, in this scenario surface swim photographs can be taken instead.  Your child’s safety and wellbeing is always our priority.
  • For babies and toddlers not completely happy and comfortable with swimming underwater we do not recommend attending an underwater photo shoot.
  • All babies and toddlers should be fit and well enough to participate in the underwater photo shoot.

Photo Shoot Images

  • Within a few days of the photo shoot you will receive an email containing a link to log in to our secure Turtle Tots website and view the images of your child. There is no obligation to buy any images, prints or products after the photo shoot.
  • Orders for digital images are supplied as high resolution Jpegs and an automatically generated download email will be sent to your registered email address with a link to access and download your images. Orders for prints and products are posted within seven working days.
  • Images, and the number of images you’ll receive, depend on many factors including how your child is on the day.  Our underwater photographers are very experienced and will do their best to obtain some great images, whilst responding to your child’s behaviour and cues. Your child's safety and wellbeing is always our priority.
  • Following the photo shoot the images of your child will be securely held on our system for a approximately 1 year and orders can be placed at any time. The price of digital images, prints and products, and their availability, are subject to change.
  • The price of digital images, prints and products will not change in the period between booking a photo shoot, and one month after the photo shoot, but may change thereafter. 

Image Editing

  • Sometimes a Turtle Tots teacher's hand or leg will accidentally be visible in images. Usually this can easily be rectified by our editing team and editing of up to five free edits are included within your photo shoot package for this type of edit.
  • For a small charge we can also remove scratches, rashes, stray bogies and even open eyes. We can also carry out bespoke editing to really make the most of your images.

Other Important Terms

  • The Franchisee or we may transfer this agreement to someone else. The Franchisee or we may transfer the Franchisee’s rights and obligations under these terms to another Franchisee or organisation. 
  • You need the Franchisee’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if the Franchisee agrees to this in writing. 
  • Nobody else has any rights under this contract. This contract is between you and the Franchisee. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if the Franchisee or we delay in enforcing this contract, we can still enforce it later. If we or the Franchisee do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us or the Franchisee taking steps against you at a later date. For example, if you miss a payment and we do not chase you but the Franchisee continues to provide the lessons, we can still require you to make the payment at a later date.
  • These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.