Terms & Conditions - Learn to Swim Membership

1. Terms and Conditions of Learn to Swim Membership

These are the terms and conditions upon which we provide you with membership and access to our swimming lessons. Please read these carefully before completing the online Learn to Swim Membership application and Direct Debit payment instruction.

(a) In these terms and conditions, the following definitions apply:

Contract” means a contract between East Renfrewshire Culture and Leisure (ERCL) and the Member, being these terms and conditions of Membership.

ERCL“, “our“, “us” and “we” means East Renfrewshire Culture and Leisure Limited, a company registered in Scotland with company number SC486489 and Scottish Charity Number SC045726.

Member“, “you” and “your” means the member named on the online Learn to Swim Membership application.

Membership” means membership of facilities operated by ERCL, through which access to the facilities is granted to the extent provided on the online Learn to Swim Membership Application and defined in these terms and conditions.

Membership Application” means the Learn to Swim Membership application and Direct Debit payment instruction completed online by the Member.

Management Rules” means the rules displayed prominently in our facilities and related to opening hours, use of facilities and your conduct.

Website” means www.ercultureandleisure.org

2. General Membership Terms

Membership fees are non-refundable.

A membership card will be issued to all members.

Cards are not transferable and any use other than by the member will result in the cancellation of that membership with no refund available.

ERCL reserves the right to refuse any application for membership.

All Direct Debits are a legally binding contract between the member and ERCL.

ERCL will apply to your bank account for the Direct Debit on or around the 1st of each month.

An advanced fee is payable on the day of joining which is calculated pro rata from the date of joining to the 1st Direct Debit payment.

ERCL reserves the right to review monthly membership fees. The member will be given one month’s notice of any proposed increase and will have the right to terminate the membership without penalty at any time within the one-month period, failing which the member will be deemed to have accepted the increase. This notice will be in the form of an email.

ERCL reserves the right to combine classes at short notice if necessary.

3. Membership Rates

An advanced fee is payable on the day of joining which is calculated pro rata from the date of joining to the 1st Direct Debit payment. The advanced fee payment must be made at the time of application using any of the acceptable payment methods noted below:

– Cash
– Credit/Debit card

Thereafter the monthly direct debit payments will commence. All Direct Debits will continue to be collected on or around the 1st of each month until the member cancels in writing.

A concessionary membership discount is available. Concession guidelines apply.

Click here for Concession Categories, Eligibility and Evidence

5. Cancellation of Membership

Direct Debit membership fees are non-refundable (payment taken on or around 1st of each month)

Membership must be cancelled in writing by letter or by email to:-

Swimming Membership Administration

East Renfrewshire Culture and Leisure

St John’s, 18 Commercial Road

Barrhead

East Renfrewshire

G78 1AJ

or email: feedback@ercultureandleisure.org

Once we receive a formal request for cancellation, one further monthly fee is payable after which termination will take effect. Upon termination of your Membership, you will be responsible for cancellation of your direct debit arrangements. If there is still a balance of money due to us, you must pay it immediately. Unpaid Membership Fees may be referred to a collection agency unless the cancellation procedure has been followed.

Cancellation must be received 28 days in advance of the direct debit date. The Direct Debit instruction should also be cancelled with your bank.

6. Membership Cards

You will be issued with a Membership card for which you must have a photograph taken at point of issue. Your Membership Card must be available for inspection on each visit to our facilities before using them. If you cannot produce a Membership card you may be refused access. You must not permit your Membership Card to be used by anyone else. Any loss of Membership Cards must be reported to ERCL immediately.

7. Change of Member’s Details

You are responsible for notifying us of any changes to your personal details including change of name and address immediately upon the changes occurring. If any changes require a new Direct Debit arrangement, you must inform us of the new circumstances and complete a new Direct Debit instruction.

8. Data Protection

(a) East Renfrewshire Culture and Leisure is the Data Controller. The Data Protection Officer is Scott Simpson, Head of Library & Information Services.

(b) The lawful basis for processing your data is for the performance of the contract you have entered into with us.

(c) The highest categorisation of data that you may supply us, and which will be recorded on our leisure management system is Personal Sensitive.

(d) Although your membership and usage data will be stored locally on our leisure management system we may share some or all of this data with 3rd parties such as East Renfrewshire Council for the purposes of checking your entitlement to benefits if this entitlement is used by you to claim a concession membership.

(e) We will retain your personal information on our leisure management system for a period of 5 years. The trigger for this retention period will be your notice to quit. Once 5 years has expired your personal information on the leisure management system will be anonymised.

(f) You have the following data protection rights which you can exercise at any time:

1. The right to be informed

2 .The right to access

3. The right to rectification

4. The right to erase

5. The right to restrict processing

6. The right to data portability

7 .The right to object

(g) In the event that you think your personal data is being misused or that your rights as defined in (f) above are not upheld then you have the right to lodge a complaint with a supervisory authority.

Data Protection Officer

East Renfrewshire Culture and Leisure Limited

St John’s Campus

18 Commercial Road

Barrhead

East Renfrewshire

G78 1AJ

Or email: libraries@ercultureandleisure.org

9. Suspension of Membership / Missed Lessons

Learn to Swim Membership fees are non-refundable where the pupil has either missed lessons or decided to withdraw from the programme altogether. If in the event of illness, a medical certificate can be provided, then a full refund will be given for any lessons already paid for that month.

In the event of medical circumstances that stop a member using their membership for a period longer than one month, they may apply for a temporary suspension of their membership.  This shall remain at the discretion of ERCL. Suspension of membership will result in the withdrawal of the previously allocated swimming lesson day and time. To restart lessons, the appropriate Swim Co-Ordinator at the venue of your choice should be contacted to discuss the reallocation of a space within the scheme.

10. Swimming lesson payment

If the Direct Debit is cancelled (even in error) we can’t guarantee the same space being available for your child.

For any failed Direct Debits, ERCL reserves the right to restrict access to the lessons until a suitable payment has been made for the missed Direct Debit Payment. If no contact with ERCL has been made within 7 days of non-payment then your child will be removed from their class and will have to join the waiting list if spaces are unavailable.

The monthly Direct Debit subscriptions remain the same for each calendar month.

11. Parent / Guardian responsibilities

Parent / Guardian must ensure that contact details are up to date. This is in the unlikely event of a medical emergency, building evacuation or other emergency situation.

Pupils must be collected promptly at the end of a lesson. No child under 8 is permitted to be in the pool out with their swimming lesson and should always have a parent / guardian in the building.

Parent / Guardian must never distract the teacher during a lesson. Communication must to directed to the Swimming Co-Ordinator, Customer Service Advisor or Team Leader.

Parent / Guardian will confirm that the participant is in good health and suitable to take part in the programme.

If your child is unwell, we politely request that you do not bring them to their swimming lesson.

If your child has been ill with diarrhoea or a vomiting virus they should not attend their lesson. To protect others, they should not swim until completely recovered and not contagious.

Parent / Guardian will be responsible for monitoring the participant’s physical condition throughout the programme and, should any unusual symptom(s) occur, parent / guardian must immediately remove the participant from any further lessons and inform the Swimming Co-ordinator of the nature of the symptom(s) experienced.

Parent / Guardian is responsible for ensuring all details are disclosed accurately at point of enrolment and will notify ERCL of any changes.

Parent / Guardian and participant must comply with the Management Rules relating to the use of all facilities.

12. Teaching Policies & Procedures

All ERCL Swimming Teachers are qualified, have current PVG disclosure checks and hold a valid Child Wellbeing and Protection Certificate.

We will use reasonable endeavours to provide your child with the same teacher for their lesson, however, over the course of a year relief teachers will be used without prior notification.

We reserve the right to appoint a new teacher to a lesson at any time.

In the event that a teacher is away for a long period of time, where possible we will endeavour to keep the same relief teacher for the time period.

13. Pupil progression

All pupils on the Learn to Swim programme work towards the ERCL’s Swimming Framework.

Swimming teachers continually asses all pupils progression throughout the programme.

Progression of all pupils will be at the judgement of the swimming teacher and in accordance with the criteria of ERCL’s Swimming Framework

Pupils will be moved to the next level class when they meet the skills criteria required and if there is adequate room in the next level class. Every effort will be made to find a suitable class. If in the unfortunate situation we are unable to offer a space, membership can be put on hold until a space is available.

Upon completion of a level, the parent / guardian will be notified by the Swimming Co-ordinator or relevant Swimming Teacher explaining that your child is ready to move up to the next stage.

Due to the continuous progressive nature of our programme, and the variety of ability levels within each session, we cannot guarantee a specific time slot on progression, as a space within the next stage may not always be immediately available.

14. Pool closure and cancelled swimming lessons

There may be occasions where we have to close our facilities or cancel swimming lessons. We will do our best to let you know of such cancellations or closures in advance. You may be entitled to a refund of part of your Learn to Swim Membership Fees in such circumstances.

Lessons stop on the second last Sunday before 25th December and will resume on 3rd January.

14. How we will communicate with you

We will communicate with you by email, text message, letter and telephone using the details that you provide in your Membership Application.

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