Zambezi Sports School Terms & Conditions

Please take time to read the following terms and conditions carefully. They are the basis
of the contract between yourself and Zambezi Sports School.

1. Background

1.1 You have made a booking with Zambezi Sports School (“we” or “us”).

1.2 The booking confirmation, together with the Booking Ts&Cs, constitutes the entire
agreement (the “Agreement”) between us and you. If any of the details in the booking
confirmation appear to be incorrect, please contact us.

1.3 You hereby agree that you accept the terms of the booking confirmation together
with the Booking Ts&Cs on behalf of yourself and any person you are booking on behalf
of, and that all such persons shall at all times adhere to the specific terms of conduct
within the venue. For the purposes of this Agreement, “you” shall include the person
named on the booking confirmation and any person they are booking on behalf of.

1.4 All correspondence from us will be sent to the person named as the customer on
the booking confirmation. All regular communications from us will be sent in email
format and it is your responsibility to inform us of any changes to your email address.

Booking Terms and Conditions

2. Relationship with the instructor

2.1 The Instructor is a swimming teacher authorised and accredited by Zambezi Sports
School to teach swimming lessons in accordance with the Zambezi Sports School
methodology

2.2 The Instructor is the person who will be providing the Classes to you, in accordance
with the terms of the Agreement.

2.3 The Instructor can be temporarily or permanently replaced during the course of
lessons.

2.4 The Instructor can only be responsible for students during their Classes, and
parents and/or guardians are responsible at all other times. The Class begins when the
Instructor accepts charge of the student from the parent or guardian and ends when the
student is returned to the designated pick-up and drop-off point at the end of the Class.
Although Instructors will endeavour to hand the student back directly to the parent or
guardian, the student is the full and sole responsibility of the parent or guardian when
the student is returned to the designated pick-up and drop-off point at the end of the
lesson. Parents and/or guardians must stay on the pool premises at all times.

2.5 In the event of a swimmer, parent, guardian, sibling or other associate: (i) refusing to
obey an instruction from the Instructor or one of their staff members; (ii) behaving in an
unruly manner towards the Instructor, one of their staff members or any other person;
or (iii) causing damage to pool premises, or any of the furniture fixtures or equipment in
those premises, the swimmer shall not be permitted to continue with the Classes. We
shall then have the right to terminate the Agreement without further notice and without
being required to offer any credit or refund to you and you shall not be accepted for any
future course organised by the Instructor or the Agent.

2.6 We and the Instructor work together to ensure that recommended water
temperatures are maintained, but in certain circumstances temperature may vary and
cannot be guaranteed. Neither we nor the Instructor are liable for the pool or other
facilities or any Losses or injuries suffered by you or any third party as a result of them.

3. Bookings

3.1 General
(a) The agreed start date of any Class or Course which you have booked onto cannot be
amended once payment has been received by us.

3.2 Term Package
Make-Up Lessons shall not form part of the Term Package.

4. Payments / Refunds

4.1 In the event that payment for a renewal of a Term Package or a Direct Debity Package
is not received before the renewal deadline date mentioned in our communication via
email, text or telephone, we can no longer reserve your place in the next Term.

4.2 Upon submission to our finance team, once authorised you will receive further
communication confirming the authorised amount to be refunded which will be
processed within 30 days of this date.

4.3 If we agree a refund is due to you within sixty (60) days of our receipt of the payment
in respect of which the refund applies, the refund will be made via BACS.

4.4 Financial Credits are valid for a period of six (6) months from the date of the
cancellation in respect of which the Financial Credit is due, and can be used to reduce
the fees of any Course you book during that period. Thereafter the Financial Credit will
be forfeited and cannot be used against any future booking.

5. Cancellations

5.1 Term Bookings
(a) If you change your mind and wish to cancel a Term Package booking you may do so
within seven (7) days from making the booking. You may do so by contacting us in
writing. You will receive a full refund of the tuition fees paid less any classes taken or
untaken that fall within the seven (7) day period.
(b) After the seven (7) day cooling off period has ended (see (a) above), Term Packages
cannot be cancelled for any reason.
(c) After this period, we shall not provide any Class Credits or refunds in respect of any
Classes that you are unable to attend for whatever reason. This includes snow/ act of
God.

5.2 Direct Debit Packages

(a) If you change your mind and wish to cancel a Direct Debit package booking you may
do so within seven (7) days from making the booking. You may do so by contacting us in
writing. You will receive a full refund of the tuition fees paid.
(b) After the sseven (7) day cooling off period has ended (see (a) above), Direct Debit
Packages can only be cancelled by providing one (1) months Notice in writing. On
receiving your notice to cancel we will cancel future direct debit collections
(c) ‘A Term’s Notice’ means notice given before the first day of the month and expiring at
the end of the month.
(d) We shall not provide any Class Credits or refunds for lessons you have been unable
to attend during the Term’s Notice period.

5.3 Process
Any changes you wish to make to your booking must be emailed to our Team :
info@zambezisportsschool.co.uk

6. Subscriptions

6.1 Pricing
All direct debits are billed monthly. The price of a direct debit is calculated based on the
total number of weeks with lessons delivered across the year. This annual cost is
divided by 11, meaning your payments are spread evenly across the year with the
September collection is £0. We will provide you with at least 30 days’ notice of any price
increases during your subscription.

6.2 Billing
(a) You will be billed at the start of each period, the 1st of the month, for the duration of
your subscription.(b) You will be charged monthly via direct debit or recurring card payment. Where you
start mid-way through a month, you will be charged pro-rata for the remaining part of
the month upfront, and this payment will be taken by card. Following receipt of
payment, we will confirm your order by sending you a subscription confirmation email.
(c) You are charged equally over 11 months of the year. The fee remains the same each
month irrespective of how many lessons are during the given period.

6.3 Cancelled lessons

If we need to cancel a lesson, you will receive a credit on your account. This can be used
to arrange a make-up lesson, or applied as a discount to your next scheduled
subscription payment, equal to the value of one lesson.

6.4 Failed payments

Failed payments that are not remedied within 7 days will result in automatic termination
of your booking.

7. Lesson Management

7.1 Calendars
(a) Term dates are specific to each venue and can be found on the Zambezi Sports
School website. We have the right to change dates subject to us giving you prior
notification.
(b) Assigned Term dates may not always coincide with your school term dates and we
are unable to replace lessons missed as a result.

7.2 Progress
(a) Where a student progresses beyond the Class standard set by the Instructor, they
may be required to switch Classes. We may not be able to offer the same day, time, or
Instructor.

(b) A student’s progress as part of any Class or Course is not guaranteed.

7.3 Merging or Reallocating Classes

In certain circumstances it may not be possible to continue your allocated Class. In
such circumstances we will provide you with a suitable alternative Class, and give you
notice of such reallocation in advance.

7.4 Instructor

(a) We are not able to guarantee the Instructor for your Class or Course. Instructors may
change shift patterns or move venues in exceptional circumstances.
(b) We will endeavour to provide a temporary replacement Instructor in the event of any
Instructor absence.
(c) Where a replacement Instructor is not available, Classes may be cancelled at short
notice.
(d) We reserve the right to replace Instructors on a temporary or permanent basis, if
necessary, once the Term has started.
(e) Where a replacement Instructor is provided, Classes will take place and in such
event, we shall not offer a replacement Class.

7.5 Cancelled Lessons
(a) Classes may be cancelled at short notice where a pool is not considered suitable for
teaching purposes.
(c) We reserve the right to cancel or amend Classes or Courses in exceptional
circumstances.

7.6 Changing Your Class Day /Time
(a) We will attempt to accommodate any request you make with one (1) weeks’ notice
upon calling us, subject to your requested space being available.
(b) If the space you request is not available, we will make alternative suggestions. If we
cannot accommodate your request, you will be unable to change your class day and
time.
(c) When transferring classes, Class prices may have changed. Where prices have
increased, you will be required to purchase Classes at the new rate. Where prices have
decreased, any difference in fees is non-refundable and will be retained as a Financial
Credit for you to use against future bookings. Such Financial Credit shall be valid for a
period of six (6) months from the date you transfer Classes, after which time the credit
shall be forfeited.

7.7 Suspensions
(a) We will only suspend your attendance at Classes if you provide us with a doctor’s
note or certificate. Should we receive the doctor’s note on the same day as a Class, this
Class will be deemed attended and not refundable or creditable. We are unable to
backdate medical suspensions for any reason. The maximum length of any suspension
is six (6) weeks, after which you must provide us with a new doctor’s note or certificate.
(b) Suspended Classes are not refundable.
(c) When you have booked Classes for a Term, but such Classes have been suspended
in accordance with this provision, the remainder of the Classes in that Term will be
cancelled, and no space will be held for the subsequent Term(s).
(d) Suspended Classes must be used within six (6) months from the suspension date.
The onus is on you to ensure that the Classes are used. The fees paid for Classes not
used within this six (6) month period shall be forfeited and cannot be refunded.

8. Miscellaneous

8.1 Definitions

In respect of these Booking Ts&Cs:
“Class Credit” means a replacement Class provided in the event of a missed Class;
“Financial Credit” means a monetary value applied to an account in respect of a Class
not given that can be set off against the fee for a future booking;
“Loss” means all direct or indirect losses (including without limitation any loss of profit,
consequential loss, loss of business, and like loss), damages, expenses, liabilities,
claims, demands, proceedings, judgments, settlements, penalties, fines, costs
(including legal costs, other professional costs and the costs of enforcements) and the
expenses of investigating and defending any claims (including legal fees and
disbursements, consultants’ fees and disbursements and other professional fees and
disbursements) whatsoever;
“Make Up Lessons” means a Class provided in lieu of a Class that was paid for but not
provided;
“Term” means the term dates specific to each venue found on the Zambezi Sports
School website (as may be amended by us at our discretion from time to time);
“Term Package” means a set course of Classes to be taught in a Term as further defined
in the Booking Agent’s calendar (which can be found on the Zambezi Sports School
website); and
“Working Day” means any day (other than a Saturday or Sunday) on which the banks are
ordinarily open for business in England.

8.2 Data Protection
We are registered under the Data Protection Act 1998 to process and store data on living
individuals. A copy of our data protection act can be found on the Zambezi Sports
School website.

8.3 Limitation of Liability
(a) If you incur any Loss in connection with or arising from the performance of any of our
obligations under the Agreement and our liability to you as a result thereof is
established, our total aggregate liability to you under the Agreement or otherwise shall
in no circumstances exceed the sum of the amount paid by you to us in respect of the
tuition fees you paid us for the Classes during the preceding twelve (12) months
immediately prior to the act or omission giving rise to the Loss provided that this clause
will not apply to any Loss arising from death or personal injury resulting from our
negligence.
(b) Notwithstanding anything to the contrary in the Agreement we will not, except in
respect of death or personal injury caused by our negligence, be liable to you by reason
of any representation or implied warranty, condition or other term for any Loss (whether
occasioned by our negligence or that of our employees or agents or otherwise) arising
out of or in connection with any act or omission on our part relating to the supply of any
Classes, products or equipment by us or the Instructor.
(c) We will not, except in respect of death or personal injury caused by our negligence,
be liable to you for any Loss incurred by you as a result of the Instructor’s acts or
omissions relating to the supply of any Classes, products, services or equipment or
otherwise and whether or not done on our instruction or otherwise.

8.4 Force Majeure

The Agreement will be suspended during any period that we believe either we and/or
you are prevented or hindered from complying with our respective obligations under any
part of this Agreement by any cause which we designate as force majeure including
strikes, disruption to the supply chain, political unrest, financial distress, terrorism, fuel
shortages, war, civil disorder, and natural disasters. If such period of suspension
exceeds one hundred and eighty (180) days, then we will, upon giving written notice to
you, be able to require that the Agreement is terminated.

8.5 Waiver
Neither our failure to exercise any power given to us hereunder nor to insist upon strict
compliance by you with any obligation hereunder nor any custom or practice of yours or
ours shall constitute any waiver of any of our rights under the Agreement. Our waiver of
any particular default by you must be in writing and shall not affect or impair our rights
in respect of any subsequent default of any kind by you nor shall any delay by us or
omission of ours to exercise any rights arising from any of your defaults affect or impair
our rights in respect of the said default or any default of any kind. Any waiver of any
rights by us will also operate as a waiver by you of any equivalent rights that you may
have.

8.6 Variation
The Agreement will not be modified in any way except by a written instrument signed by
both of you and us.

8.7 Third Party Rights

The parties to the Agreement do not intend that any term shall be enforceable by a third
party as defined in the Contracts (Rights of Third Parties) Act 1999 (the “Act”) under the
provisions of the Act.

8.8 Choice of Law and Jurisdiction
The Agreement shall be governed by and construed according to English law. All
disputes between us concerning the Agreement shall be subject to the jurisdiction of
the High Court in London.