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Terms and conditions

Terms and Conditions of Bella Aquatics Swim School

 

These are the terms and conditions on which 1001116038 ONTARIO INC. operating as Bella Aquatics Swim School (“we” or “us”) provide swimming lessons to you, the customer (“you”). Please read them carefully before making a booking with us.

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Your attention is particularly drawn to Clause 16 (Assumption of Risk and Limitation of Liability).​

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1. Registration

During the booking process, we will require your name, the name of the student, details of any medical condition affecting the student, and your contact details, including telephone number, email, and postal address. You must inform us promptly of any changes to these details.

2. The Lessons

We offer two types of lessons:

  1. Semi-private Lessons

  2. Private Lessons

These terms and conditions apply to both types of lessons unless specified otherwise.

3. Our Contract with You

You may book lessons online, via email, or by phone. Your booking is not guaranteed until we receive full payment (or any amount we may agree on) and send you a confirmation email, at which point a legally binding contract exists between you and us.

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If we cannot accept your booking, we will inform you and refund any payment made. We reserve the right to decline bookings at our discretion.

4. Providing the Lessons

We will provide the lessons at the dates, times, and locations specified in your booking. If the student is late or fails to attend, the lesson will not be extended, and no credit or refund will be provided unless stated otherwise in these terms.

Occasionally, we may need to cancel lessons. In such cases:

  • For Private Lessons, you may attend an alternative catch-up session. 

  • For Semi Private Lessons, you may attend an alternative catch-up session. 

We reserve the right to change the teacher without notice, which does not entitle you to cancel your booking.

5. Price

The price for lessons is as listed on our website at the time of booking. We will do our best to ensure the price is correct, but we reserve the right to adjust it if an error is made. If the correct price is higher, we will contact you for instructions. If it is lower, we will only charge the lower amount.

6. Payment

You must pay for lessons as per the website. We accept major credit and debit cards, as well as alternative payment methods (e-transfer, cash, or cheque) at our discretion. If you believe you were charged incorrectly, notify us, and we will investigate.

7. Changes to Your Booking

If you wish to change a booking, contact us via email or phone. We will try to accommodate changes but cannot guarantee availability. Any changes may result in a variation of price or schedule, and you will need to confirm acceptance of these changes.

8. Illness and Fitness to Swim

You must provide details of any medical conditions affecting the student during registration. We may decline participation if the condition is deemed unsafe. In such cases, we will refund you in full.

If the student cannot attend due to illness, notify us by 9 AM on the day of the session. We will offer you a make up session. 

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9. Students with Disabilities and Special Needs

We accommodate students with disabilities and special needs wherever possible. We will work with you to determine the best approach for the student and make recommendations based on professional judgment.

10. Responsibility for Students

You are responsible for the student at all times except when they are in the water. We reserve the right to remove any student who fails to comply with pool rules, with no refund or credit.

Rules include:

  • No interruptions to the teacher or distractions for other students.

  • Students must follow the teacher’s instructions and leave the pool promptly at the end of lessons.

11. If There Is a Problem with the Lessons

If you have a complaint, contact us immediately. 

12. Termination by the Client (Without Fault on Bella Aquatics Swim School's Part)

In the event that you wish to terminate this contract, Bella Aquatics Swim School will adhere to its existing cancellation policy:​

 

For all lessons, no cancellations are permitted, and no refunds will be issued. You may attend an alternative catch-up session. ​

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However, in the case of serious illness or family bereavement, credits may be offered at Bella Aquatics Swim School's discretion, provided that written notice and relevant documentation (such as a medical certificate) are submitted. Bella Aquatics Swim School reserves the right to determine the validity of the circumstances and decide whether to issue credits based on the documentation provided.

13. Our Rights to End the Contract

We may end the contract if you fail to provide necessary information or payment, or if you breach these terms. We will refund you for any lessons not provided but may deduct reasonable compensation for costs incurred.

14. Refunds

Refunds will only be processed in line with our cancellation policies. 

15. Our Responsibility for Loss or Damage

You are responsible for personal belongings at all times, and we are not liable for lost or damaged property.

16. Assumption of Risk and Limitation of Liability

Participation in swimming lessons involves inherent risks, including but not limited to slips, falls, injuries, and the potential for drowning. By enrolling in lessons with Bella Aquatics Swim School  you acknowledge and voluntarily assume all risks associated with swimming, including any risks arising from the use of the facility, equipment, and interactions with staff or other participants.

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To the fullest extent permitted by law, Bella Aquatics Swim School, its officers, employees, agents, and contractors shall not be liable for any injury, illness, death, loss, or damage to personal property arising out of or in connection with participation in swimming lessons or the use of our facilities. 

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You agree to indemnify and hold Bella Aquatics Swim School its officers, employees, agents, and contractors  harmless from any claims, demands, or actions arising from your participation or the participation of the student in the lessons. This includes, but is not limited to, claims arising from personal injury, property damage, or loss incurred at the pool or surrounding premises.

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This limitation of liability applies whether the alleged liability arises from contract, tort (including negligence), strict liability, or any other legal basis.

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17. Other Important Terms

This contract is between you and us. No other party has the right to enforce its terms. If any part of this contract is deemed unlawful, the rest will remain in effect. Failure to immediately enforce any part of the contract does not constitute a waiver of our rights.

This contract is governed by Canadian law, and legal proceedings must be brought in Canadian courts.

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