This Agreement is between Super Star Swim School (“the School”) and the person receiving swimming lessons (“the Student”), or, where the Student is under 18, the Student’s parent or legal guardian (“the Parent/Guardian”).
1. ACCEPTANCE OF TERMS 1.1. By ticking the applicable acceptance boxes electronically, the Student or Parent/Guardian confirms that he/she has read, understood and accepts these terms.1.2. Where the Student is a minor, the Parent/Guardian confirms that he/she is authorised to enter into this Agreement on the Student’s behalf.1.3. The Student’s participation in swimming lessons is also subject to the separate Swimming Risk Acknowledgement and Liability Agreement, which must be read and accepted before the Student participates in lessons.
2. LESSONS AND SUPERVISION2.1. The School will provide swimming instruction in accordance with the Student’s scheduled lesson programme.2.2. The School will exercise reasonable care and skill in providing the lessons.2.3. The School’s supervision applies during the Student’s scheduled lesson and while the Student is under the direct supervision of the School’s instructor.2.4. The School does not provide general childcare or supervision before or after the scheduled lesson.2.5. Parents/Guardians remain responsible for minor Students before and after lessons and must ensure that they are collected promptly.2.6. Students may not enter or use the pool before or after their scheduled lesson unless authorised by the School.2.7. A minor Student may only be collected by the Parent/Guardian or a person authorised by the Parent/Guardian. The School may request identification where reasonably necessary.
3. HEALTH AND MEDICAL INFORMATION3.1. The Student or Parent/Guardian must inform the School before the first lesson of any medical condition, allergy, disability, injury, medication or other circumstance which may affect the Student’s safe participation.3.2. Any material change in the Student’s health must be reported to the School immediately.3.3. A Student must not attend lessons while suffering from vomiting, diarrhoea, a contagious illness, an open wound or another condition which may present a health, hygiene or safety risk.3.4. The School may reasonably refuse or suspend participation where necessary for health or safety reasons and may request medical confirmation where appropriate.3.5. In an emergency, the Parent/Guardian authorises the School, its instructors and/or staff to obtain reasonable emergency medical assistance for the Student where urgent attention is required and the Parent/Guardian cannot immediately be contacted.3.6. The Parent/Guardian remains responsible for medical, ambulance and related costs incurred on behalf of the Student, unless otherwise required by law.3.7. Current emergency contact details must be provided to the School at all times.
4. FEES AND PAYMENT4.1. Monthly fees are payable in advance by no later than the 3rd day of each month, unless otherwise agreed in writing.4.2. A R200.00 late-payment fee may be charged where payment is not received by the due date, subject to applicable law.4.3. Monthly fees are payable for the Student’s reserved place in the School’s programme and are not calculated solely according to the number of lessons attended in a particular month.4.4. No credit or refund will ordinarily be provided for lessons missed by the Student, except where provided for in this Agreement, agreed by the School or required by law.4.5. Fees may be increased annually with effect from 1 September, subject to reasonable written notice and applicable law.4.6. A once-off R300.00 registration fee is payable when joining the School.
5. SCHOOL CLOSURES AND MAKE-UP LESSONS5.1. The School’s annual fee structure takes scheduled closure periods into account.5.2. The School will ordinarily close for one week during July; two weeks during the December holiday period; on applicable public holidays; during Easter Weekend; and on two Saturdays per year for the School’s bi-annual gala.5.3. One (1) make-up lesson may be requested per calendar month where a Student misses a scheduled lesson, subject to availability.5.4. The Parent/Guardian is responsible for booking the make-up lesson.5.5. Make-up lessons must ordinarily be used during the relevant month, may not be exchanged for cash or credit and will be forfeited if the Student fails to attend the booked make-up lesson.5.6. Lessons missed due to public holidays or scheduled School closures will not ordinarily be made up.5.7. Where the School cancels a lesson because of lightning, severe weather or another unsafe condition, the School will, where reasonably practicable, provide a make-up lesson or reasonable alternative arrangement.
6. LATE ARRIVAL, HYGIENE AND EQUIPMENT6.1. A Student who arrives late will receive only the remaining portion of the scheduled lesson. The lesson remains payable in full.6.2. Children under three years must wear a suitable swimming nappy.6.3. No Student may enter the pool while suffering from diarrhoea, vomiting, an open wound or another condition which may contaminate the pool or create a health or safety risk.6.4. If a Student causes accidental pool contamination, the School may temporarily close the pool for cleaning and treatment and will take reasonable steps to minimise disruption.6.5. Swimming caps are compulsory unless otherwise authorised by the School. Students must wear appropriate swimming attire and comply with reasonable equipment and clothing requirements.
7. CONDUCT AND SAFETY7.1. Students and Parents/Guardians must comply with the School’s reasonable rules, safety requirements and instructions.7.2. The School may suspend or refuse participation where a Student’s conduct creates a safety risk.7.3. The School may suspend or terminate an enrolment where a Student or Parent/Guardian engages in serious, threatening, abusive, violent or disruptive conduct, subject to applicable law.
8. CANCELLATION AND TERMINATION8.1. The Student or Parent/Guardian may cancel the enrolment by giving at least 20 business days’ written notice.8.2. Cancellation requests must be sent to [email protected].8.3. Fees for the notice month are payable in advance, by no later than the 3rd day of the notice month.8.4. Where permitted by law, the School may charge a reasonable cancellation fee.8.5. The School may suspend or terminate the enrolment for material breach of this Agreement.8.6. Where the Parent/Guardian fails to pay any fees due in terms of this Agreement by the due date, the School may suspend the Student’s lessons immediately. The School may thereafter terminate this Agreement if the outstanding amount is not paid within 7 days of receiving written communication to make payment.8.7. Following cancellation, re-enrolment is subject to availability and a new registration fee of R450.00 may apply.
9. UNFORESEEN CIRCUMSTANCES9.1. The School may temporarily suspend or reschedule lessons where circumstances beyond its reasonable control make lessons unsafe or impracticable, including severe weather, lightning, power or water interruptions, municipal restrictions, equipment failure, emergency repairs or other health and safety concerns.9.2. The School will, where reasonably practicable, provide a make-up lesson or reasonable alternative arrangement.
10. PERSONAL INFORMATION AND COMMUNICATION10.1. The School may collect and process personal information reasonably necessary to administer the Student’s enrolment, provide lessons, communicate with the Student or Parent/Guardian, process payments, maintain health and safety information, deal with emergencies and comply with legal obligations.10.2. The School will process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and will take reasonable measures to protect it.10.3. Where the Student is a minor, the Parent/Guardian confirms that he/she is authorised to provide the Student’s personal information to the School.10.4.The School may communicate with the Student or Parent/Guardian electronically using the contact details provided for purposes reasonably connected with the Student’s enrolment and lessons.
11. GENERAL11.1. The laws of the Republic of South Africa govern this Agreement.11.2. Nothing in this Agreement excludes, restricts or waives any right or remedy which may not lawfully be excluded, restricted or waived.11.3. If any provision is unlawful, invalid or unenforceable, it will be severed or limited to the extent necessary without affecting the remaining provisions.11.4. Any complaint should first be submitted to the school in writing, allowing the school a reasonable opportunity to investigate and attempt to resolve it.
ACCEPTANCE-I have read and understood this Agreement, and I confirm the information provided is true and correct.
ACCEPTANCE-I accept that this Agreement becomes effective upon acceptance hereof.
ACCEPTANCE – I confirm that I am the student/student's parent/legal guardian or otherwise authorised to accept this Agreement on the student's behalf.
I, ________________, have Read & Accept Super Star Swim School's Service Agreement (View Here).
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