Swimming terms & conditions

Booking

Our courses run throughout the year in accordance with our published term dates. The dates are available to view in the parent portal - your My Water Babies account https://my.waterbabies.ie. When signing up to Water Babies for the first time, details of the courses you are booked into, the dates and times during the first term and the venue will have been agreed with you in advance.

To give existing Water Babies clients priority for courses each term, we use a re-booking system. This means that, unless you inform us that you either wish to change venue, day or time, or alternatively that you wish to stop altogether, we will re-book you onto the next course during the current term.

In order to ensure your place, we use a continuous payment authority on your chosen card to take payments as part of our re-booking scheme (please see the section entitled “Taking Payment”).

Around the mid-point of each term we will send you an email reminder about next term which includes a rebooking deadline. By granting us a continuous payment authority you authorise us to use the card details you have logged with us to debit the money due.

If you do not wish to be re-booked for any new term it is vital that you inform the office by the stated re-booking deadline. You can do this by  sending an email using the contact details above. If you have not contacted us by the specified deadline your place will be re-booked and the refunds policy referred to below will apply.

You will receive email confirmation of your booking once your account has been debited or your payment has been received. You are always welcome to contact us at the office should you be unsure of any details. Your statutory rights are not affected.

You will not be re-booked if: (a) your current class date, time or venue need to change for any reason, or (b) you have informed us before the re-booking deadline date that you do not wish to re-book.

Changing Class Times and Venues

As time progresses you may find your class size reducing (as parents return to work, etc.). Once a class has become too small to function properly we will need to merge it with another. We try to keep class times as similar as possible but unfortunately cannot always guarantee this. If the merger of your class with another results in a change of your class dates, times or venue, we will endeavour to give you as much notice as possible.

Should you need to swap pools we’ll do our utmost to accommodate you, but unfortunately cannot guarantee it.

Taking Payment

All payments for classes are paid in advance as per our rebooking process (please see the section entitled “Booking”). and must be made by debit/credit card. When you pay for classes with your credit/debit card, your card details are stored on a secure online payments system. By providing your card details and allowing them to be stored on a secure payment gateway operated by a third party, you grant us a continuous payment authority to enable us to debit the card when necessary, i.e. upon re-booking, purchasing photo shoot products, swim kits, baby wetsuits from us, etc.

Whenever your card details change, or if you wish to change your card details for whatever reason, you can do so via your parent portal - your My Water Babies account https://my.waterbabies.ie, or by contacting the office.

If the course is being paid for by someone other than you, you are responsible for informing that person of our payment policies, deadlines, etc., and relaying any communication with regard to re-booking or payments of any sort.

Please note if payments are not received in accordance with the conditions set out above, you risk losing your place on the course. 

Please note that we do not accept payment by American Express.

Refunds and Cancellations

Although the right to cancel under the European Union (Consumer Information, Cancellation, and Other Rights) Regulations 2013 does not apply to Water Babies, when you first become a Water Babies client, you may cancel your contract with us either (a) within seven (7) days of the date you received a copy of these Terms and Conditions, or (b) prior to 14 days before your first course begins, and we will refund your money. Should you cancel within 14 days prior to the commencement date (up to 5.30pm the evening before) we will issue a refund minus a maximum €50 administration fee.

If you are an existing client and do not wish to be re-booked onto a course for the next term, you must notify us via email before the specified re-booking deadline and in accordance with the “Booking” section above. When we receive your notice to cancel, we will send you an acknowledgement email to confirm that you have been cancelled and the date of your last class. 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.

If you cancel a booking for the next term at any time after the re-booking deadline has passed but prior to the course commencing, we will issue a refund minus a maximum €50 administration fee. We are under no obligation to provide a refund if you wish to cancel following the commencement of your first class and you will remain liable for the cost of all outstanding lessons for that term.

When you cancel we will cancel your continuous payment authority with us.

We are under no obligation to refund or transfer your money in the event that you are unable to attend part of or the entire term, unless otherwise specified above. We regret that we are unable to offer an alternative for missed lessons. Unfortunately, what seems like one simple request is an impractical administrative task when spread across hundreds of clients.

If a pool cannot be used in the short term, we will endeavour, where possible, to re-schedule your lesson. In this instance we are not responsible for any travel expenses incurred. In the event of our having to cancel a lesson and being unable to reschedule, we will refund you for the lesson.

Where a pool is not available on a longer term basis (in excess of one week), on public health or other grounds outside our control (not including operational issues with the pool), then we cannot be responsible for providing any further lessons to you during that time.

If this occurs, and in the event that it is not possible to reschedule the classes, we will either refund the unused balance of your course fees or provide a credit against a future term’s fees.

Adverse Weather

We are under no obligation to refund lessons that may be missed due to local adverse weather when the venue and environs are safe and accessible and lessons are held. We regret that we are unable to offer automatic refunding or rescheduling of lessons in the event of adverse conditions local to you which prevent you from attending a scheduled class.

Video and Photography

In the interest of child protection we do not allow any video’s or photography to be taken during classes. We must also adhere to pool rules at venues, most of which do not permit the use of such equipment . Therefore, no underwater cameras or underwater recording equipment of any description may be used  during a Water Babies lesson.

Water Babies continually strives to improve the teaching standard of our workforce and we, on occasion, video record a lesson being taught by a teacher. The camera is focused on the teacher and in this process, you and your child may be filmed. The video recording will only be seen by the teacher and their assessor. The video will not be used for anything other than for the teacher to gain feedback from their assessor. Once the teacher has qualified, the video will be securely destroyed.

Water Babies expressly forbids the right to reproduce any part of our lesson structure in any form (e.g. on the internet, DVDs, photographs, etc.). Anyone suspected of continually filming or photographing the lessons for any purpose of publication or for any purpose whatsoever will be asked to stop filming, destroy the images/video footage, and leave the course.

Water Babies cannot be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed “Video and Photography” by any party.

Underwater Photo Shoot

Whilst swimming with Water Babies you will be offered the opportunity for you and your child to take part in an underwater photo shoot. You can book a space on one of our photo shoots at any time during your journey with Water Babies, subject to availability.

There is an upfront fee for booking of the photo shoot, which includes all of your time in the water.  This fee will need to be paid in full prior to attending the photo shoot and your booking on to one of our photo shoots will not be confirmed until full payment has been received.  After the photo shoot, all usable images taken on the day will be edited to a high standard before they can be viewed and purchased on our online portal.

Once payment of the booking fee has been taken from you and your booking has been confirmed, you have the right to cancel your booking within 14 days of the date of payment of the booking fee without giving any reason and get a full refund.  The cancellation period will expire after 14 days from the date of payment of the booking fee. To exercise the right to cancel, you must inform us of your decision to cancel your booking in writing by a clear statement (e.g. a letter sent by post or email) sent to your local office using that offices usual contact details.

We will not provide you with a photo shoot during the 14-day cancellation period unless you specifically ask us to.  If you would like us to provide you with the photo shoot within the cancellation period you should contact your local office, using that offices usual contact details, who will send you a link to an electronic confirmation form for you to complete requesting that we provide you with the photo shoot within the cancellation period.  

By requesting that we provided the photo shoot within the cancellation period, you acknowledge that if you subsequently cancel during the 14 day cancellation period, you shall be entitled to a full refund minus an admin fee if you cancel before the photo shoot has taken place.  However, if the photo shoot has already taken place within the cancellation period, you acknowledge that you shall lose the right to cancel and shall not be entitled to a refund.

If you do not request that we provide you with the photo shoot within the cancellation period, we will not be able to provide the photo shoot until the cancellation period has expired. We are not obliged to accept your request.

If you cancel in accordance with the above, we will reimburse to you all payments received from you unless you requested for us to provide the photo shoot during the cancellation period, in which case you will receive:

(a) a full refund minus an admin fee if you cancel before the photo shoot has taken place; or

(b) no refund if you lost your right to cancel because the photo shoot was carried out during the cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.  We will make the reimbursement using the same means of payment as you used for the payment of the booking fee.

If you change your mind after the 14 day cancellation period has ended but before the photo shoot has taken place then you can cancel your booking and request a refund which will be issued minus an admin fee provided that we have been informed of your decision to cancel more than 48 hours before the day of the photo shoot. Given the bespoke nature of the photos, no refunds can be issued after the photo shoot has taken place.

We always ensure that your child is ready to attend one of our photo shoots to ensure they will be comfortable on the day and have the best opportunity to get great images.  If for any reason we feel that your child needs more time before attending, we will offer you a place on our next available photo shoot at no extra charge.

There will be a number of photo shoots a year in your area however we reserve the right to vary the time at which they take place. We reserve the right at any time and at our sole discretion to re-schedule or cancel any scheduled photo shoot.

If you are unable to attend due to illness or other unforeseen circumstances then in the first place we will look to book you onto the next available photo shoot. If you are no longer swimming with us or have suitable reason which precludes you getting in the pool then a refund will be offered.

If you are unable to attend a re-scheduled shoot or any of the alternatives offered and provided we are notified accordingly more than 48 hours before the day of the re-scheduled shoot a full refund will be offered.

Unfortunately, we cannot offer a space to any child that either does not or no longer swims with us.

By attending the photo shoot, you acknowledge that we will process the resulting data (images) of your child as will other Water Babies approved suppliers participating in the production of your child’s photographs. Processing the images involves the capture of the photographs, transfer of the images to storage devices and online to a secure website. The images are sent to a processing house where they are refined. You will be able to view and purchase all useable images of your child on our online portal after the photo shoot usually within 5 days, although exact times may vary.  The purchase of images of your child is subject to the terms of purchase contained within our online portal at the point of purchase.

Every child is unique as will be their images from the day, so we cannot guarantee the results or that they will always match your expectations.  We will however use our skill and expertise to capture the best possible images we can on the day.  We guarantee the images you receive will be a minimum of 24” x 16” @300ppi in size and in JPEG file format. We cannot provide images in any other format (such as RAW).

Photographs taken at the photo shoot may be used for internal training and quality assurance purposes and you consent to our using the photographs and sharing them within our group and franchise businesses. If we retain photos for these reasons, they will not be used for any other purpose without your explicit consent.

All Water Babies photography, logos and illustrations are the copyright of Water Babies. Any scanning or reproduction of any of the above without our written agreement will be regarded as being in breach of our copyright.

The copyright of a photo remains with the photographer, in this instance Water Babies Ltd. You will receive the right to reproduce and copy your images for personal use only (a permission document is available on the gallery website along with your images which can be presented to any print company at the time of requesting the reproduction). You are not given the right to use these images for the promotion of any business, service, charity or social group. Water Babies images cannot be used in the production of any marketing materials including but not limited to websites, brochures or press articles without the written permission from Water Babies in advance. Water Babies reserves the right to approve the use of any Water Babies images in situ before publication. Water Babies images should not be defaced or manipulated beyond scaling for print.

Valuables and Jewellery

All property left in changing rooms or on poolside and all property (including prams) left in entrance halls or outside, is left at your own risk. Water Babies cannot accept any responsibility for the loss or damage of any personal possessions. Please remove all jewellery (except wedding rings) before entering the water.

Illness

Should your child or the adult taking your child into the water have, or develop, any known or suspected medical condition, please consult your doctor before swimming.

In the event that your illness is contagious and may affect other swimmers, you must inform our office in writing via email, and we may share basic information about this risk with other carers. All information received is treated in confidence and with sensitivity. 

Never bring your child swimming if they have any illness such as an ear infection, diarrhoea, vomiting, chicken pox, impetigo, conjunctivitis, a bad cold or if you have Covid–19 symptoms or have been asked to isolate. Please wait until your doctor has given the all-clear before returning to classes. 

Please ensure that any sickness/diarrhoea symptoms have completely cleared for at least 48 hours before your lesson, or 14 days if a gastrointestinal bug has been diagnosed by a medical professional. 

Our teachers may refuse entry to the pool if they reasonably believe that your child is not well enough to participate. 

Nappies and Changing your Baby

Without exception, all babies/toddlers, regardless of age or whether they are potty trained, must wear our double nappy system: either reusable cotton nappy or a disposable paper swim nappy with a Happy Nappy® on top. Babies wearing any other attire, including wetsuits or warmers, etc. must still wear a Happy Nappy® and disposable paper swim nappy. 

We reserve the right to refuse entry to any child who is not suitably attired. 

Always change your baby on the floor using a suitable changing mat. Do not use any raised areas such as benches, trolleys, or tables. This is to prevent babies from rolling onto the floor from high surfaces. If you are physically unable to change your baby on the floor, then please contact your local office so alternative arrangements can be organised. 

Please take all your used nappies away with you unless a clearly marked bin has been provided. Never leave nappies in an open bin (including those within the venue grounds). 

Withdrawal of Service

We may, at our own discretion, refuse a client entry to swim courses if it is felt that the client’s behaviour or the behaviour of those associated with the client is unreasonable or becomes an issue of health and safety.

Pool/Poolside Health and Safety

No outer footwear or prams should be taken onto poolside or into changing rooms. Please use blue overshoes (if available) or go barefoot if you prefer.

Please always endeavour to shower both yourself and your child before entering the water. Removing body lotions, perfumes, etc. before swimming contributes significantly to maintaining water quality.

Whilst you are waiting for your class, please keep poolside noise down to a minimum so that all lessons can take place in a calm and peaceful atmosphere. Do not enter the pool until the current class has finished; please always wait to be invited to do so by your teacher.

You are responsible for the safe supervision of any children you bring at all times: on poolside, in the changing rooms, and on the pool premises. They should always be under the direct supervision of an adult and never be left unattended. Children running on wet surfaces can very easily slip and hurt themselves. Water Babies reserves the right to ask anyone to leave the poolside at any time. Local age restrictions for spectators may apply and you will be informed of these when booking on to classes.

Always adhere to pool rules at individual venues.

Unfortunately, we can only accommodate one adult in the pool at a time with each child, who must be either the child's parent or designated carer and over 16 years of age. However, we are happy for other members of your family, friends, or child minders to bring your child to classes. Anyone new to the class must let the teacher know at the beginning of the session, including making the teacher aware of any health issues, so they can provide the extra help and advice that will be needed.

Should a lesson already be in progress or about to start and have to be cleared on the grounds of health and safety then we are under no obligation to refund the lesson or part thereof.

Teachers

Whilst it is our policy that we endeavour to ensure you always have the same teacher, we cannot guarantee this as teachers fall ill, leave, etc. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your class. They are always fully trained at this point, but need to teach a series of ‘live classes’ in order to complete their assessment process. Unfortunately we cannot give advance warning when this may happen and, whilst we always try to limit it, it is a necessary part of our commitment to quality.

Exclusion of Liability

Except in the case of death or personal injury arising as a result of negligence, lack of due diligence, breach of duty, or any other circumstance where liability cannot be excluded by law, your participation, or that of your spouse/partner, your child, or those in whose care you have placed your child at Water Babies swimming sessions is done so entirely at your and their own risk.

Safeguarding

Water Babies is committed to providing good child safeguarding practice for all our swimmers and we have adopted the Swim England Safeguarding Policy – Wavepower, a copy of which is held by the Water Babies office or can be viewed and downloaded from www.swimming.org. We believe that good safeguarding and fair play is paramount for all our swimmers.

If you have a question or concern regarding child welfare, the Water Babies Welfare Officer should be informed on +44 1404 540 259. Alternately, there is a dedicated helpline for anyone wishing to raise a safeguarding or welfare concern directly to Tusla, The Child and Family Agency. To find the number for your local social worker, please go to www.tusla.ie/children-first/contact/ where you can choose your county and then will be directed to the appropriate contact number.

Medical Conditions 

Prior to swimming, you will be asked for any existing medical conditions (include any disabilities) for either yourself, any another carer who may swim in the lessons and the baby booked into the lessons.

It is vital that you inform us of any medical condition(s)/disabilities that you, your child, or the carer responsible for taking your child swimming may have that might affect your/their time in the pool. All information received is treated sensitively and in confidence. 

If you are unsure whether any illness or injury may affect your, your child’s, or their carer’s ability to swim, please refer to your General Practitioner, Health Visitor, Paediatrician or other health professional. 

Should you become aware of a medical condition or disability after signing up to lessons, it is your responsibility to update your information in your My Water Babies portal or via the office.

By agreeing to our terms and conditions you are agreeing to take responsibility for the fact that anyone who brings your child swimming who has an illness, injury etc. will, if necessary, have taken medical advice before coming. Please ensure that they also give the teacher any necessary information on the day. 

All people bringing children swimming with Water Babies take ultimate responsibility for their own and their child’s medical/health issues and will be deemed by Water Babies to have taken all necessary advice and obtained the appropriate authority. Informing Water Babies of an adult’s or child’s medical condition does not relinquish this responsibility. 

Data Protection 

Water Babies Ltd, its group companies and franchisees are committed to protecting your privacy (please visit our website to see our privacy notice). We will only use the information that we collect from you lawfully in accordance with the General Data Protection Regulation (“GDPR”) and in accordance with the privacy notice detailed on our website at www.waterbabies.ie/privacy-notice. 

Venue Information 

You have been sent information relating to the venue that you will be swimming in. This information includes important Health & Safety points. Please read the information in full. 

Changes to Terms and Conditions

From time to time we may update these terms and conditions by sending you either an updated version or a notification of minor changes. You are free to not accept these changes (in which case our contract with you will be terminated) but we would ask you to notify us in writing of your non-acceptance within 14 days of receipt, failing which we will be entitled to treat our agreement with you as being subject to the updated version.