- These are the terms and conditions on which our Franchisees (“Franchisees”) licensed to provide Turtle Tots classes supply their services to you. The specific Franchisees will be notified to you when you book your class. 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 classes, 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 UK registered company number is 07590162 and our VAT number is 157269874.
- You can contact us by telephoning +44 (0) 1275 462 022 or by writing to us at 3 Farleigh House, Old Weston Road, Flax Bourton, Bristol BS48 3UR, 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.
The Franchisees’ Contract With You
- 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.
- If the Franchisee is unable to accept your order, we will inform you of this in writing and will not charge you for the class.
Health, Safety And Instructions
- Customers are responsible for their children at all times.
- 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 classes. All information provided will be treated confidentially.
- Nappies (including disposable swim nappies) must not be left on the pool premises.
- 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.
- Customers must follow pool procedures as advised to them at the time of confirmation or subsequently.
- Customers should aim to arrive no more than 15 minutes before the class and leave no more than 15 minutes after the class to help improve changing room comfort and reduce congestion.
- 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.
- Food is forbidden in the pool buildings.
- Smoking is forbidden in any pool building and pool grounds.
- Strictly no outdoor footwear is to be worn poolside.
- You must not bring your child to a class 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.
- Always change your child on the floor using its own changing mat or a designated baby-changing table.
- Please take away used nappies, unless there is a clearly marked designated nappy bin at the venue.
- All swimmers must shower poolside before entering the pool.
- Lost property found at the pools will be kept at the office of the Franchisee.
- Please adhere to the instructions given to you regarding car parking, entry and exit route to pools.
- 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.
Price And Payment
- The price of the classes (which includes GST) will be the price indicated on the order pages when you placed your order.
- It is always possible that, despite our best efforts, our classes may be incorrectly priced at the time you place your order. We will contact you if the classes 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.
- We accept payment via the methods listed at the foot of these terms.
- You must pay for the classes in full before the Franchisee starts providing them.
Rebooking For Next Term
- Customers are asked by week seven of the current term if they wish to continue with the classes next term. Places in your existing class will normally be held until week eight and then offered on a "first come first served" basis to others.
Ending The Contract And Class Refunds
- If you wish to end your contract with the Franchisee, please contact the Franchisee. Your rights when you end the contract will depend on why and when you decide to end the contract.
- You have a legal right to end the contract because of something the Franchisee or we have done wrong. The contract will end immediately and we will refund you in full for any classes, which have not been provided.
- You have a legal right to change your mind. On ordering classes, you have 14 days to change your mind (the “cooling off period”), beginning after the day we email you to confirm your order has been accepted.
- If you cancel your order for classes after the cooling off period but more than 14 days before the start of term, you will receive a full refund less an administration charge of $40.
- If you cancel your order for classes after the cooling off period but less than 14 days before the start of term, or once the term has begun, we will only offer a refund if, we can find someone to take your place. Once we have received payment for the classes from the new customer we will refund you only for the classes that have yet to take place less an administration fee of $40.
- We are not responsible for delays outside our control. If our provision of the classes 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 classes you have paid for but not yet received.
- In the event that you are unable to attend a class (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.
- If the Franchisee is unable to run a class 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 class.
- We will refund you by the method you used for payment. However, we may make deductions from the price, as described elsewhere in these terms.
- We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind.
Lesson Cancellations and Changes
- Occasionally we may have to cancel or change a lesson, and in these instances the Franchisee or teacher will contact you by telephone, text message or email, to give you as much notice as possible.
- If a lesson is cancelled the Franchisee will endeavour to find a suitable replacement class, however if for any reason this is not possible, or the replacement class isn’t suitable the Franchisee will provide you with a credit for the value of the cancelled class.
Clothing In The Pool
- 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.
- 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.
- Customers must not wear loose or sharp jewellery.
- Adults must: wear appropriate swimwear in the pool.
- Adults are required to bring clear-lensed goggles to some of our classes, where underwater activities are included. Recommended goggles are available from the Turtle Tots online shop or from your local Turtle Tots office.
- We always try our best to make sure you always have the same teacher for your class, but we cannot guarantee this. Occasionally teachers are unwell, or leave, or are unable to attend for other reasons. All Turtle Tots teachers are trained to the highest standard possible with AUSTSWIM or the Australian Swimming Coaches and Teachers Association (ASCTA) and also complete the same rigorous and world class Turtle Tots training. Therefore a different teacher leading it will in no way affect the quality of your lesson.
Lost Property And Valuables
- All clients are responsible for their own property, including valuables, before, during and after classes.
- 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.
- 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.
Exclusion Of Liability
- 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.
- 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.
Queries And Complaints
- 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.
- 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 and conditions.
Data Protection, Online Security And Privacy
- Occasionally we take photographs and videos during classes 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.
- When you book a Turtle Tots class we require you to register your details and those of your child or children.
- 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.
- 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.
- The names and ages of your children are printed on class registers which the teachers and Franchisees us at the pool, and therefore this data is visible to other pool users.
- 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.
- Any payment card details that you choose to use within our payment system will be used 100% securely by our payment processors Stripe.
- 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 $40.
- 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 $40, 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 photo shoot should be completely happy and comfortable with swimming under water at the time of the photo shoot. Franchisee’s 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.
- All babies and toddlers should be fit and well enough to participate in the underwater photo shoot.
Photo Shoot Images
- Images, and the number of images you’ll receive, depend on many factors including how your child is on the day. Our 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.
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 classes, 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. 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.
Changes To Our Terms And Conditions
- 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.
- By using our website, and booking classes, customers are agreeing to be bound by our terms and conditions.