Terms & Conditions

Conditions of Entry, Code of Conduct & Behaviour Policy

1. Our commitment

Hollands Swim School is committed to providing a safe, positive and inclusive learning environment for every child, as well as a safe and respectful workplace for every member of our team.

We welcome children and families from all backgrounds. We understand that every child learns differently and, wherever reasonably practicable, we will work with families to support each child’s participation and progress.

This policy outlines what families can expect from Hollands Swim School and the standards of behaviour we ask of everyone who attends our premises, including students, parents, carers, family members and visitors.

This policy should be read together with our enrolment, payment, cancellation, make-up lesson and Privacy Policy. Specific terms relating to those matters may also apply.

2. Conditions of entry

To help us maintain a safe, respectful and comfortable environment for everyone, entry may be refused, or you may be asked to leave the premises, if you:

•  Use abusive, threatening or offensive language

•  Behave in a threatening, intimidating or aggressive manner

•  Are affected by alcohol or other drugs

•  Disregard pool rules or reasonable directions given by our staff

•  Behave in a way that disrupts lessons or affects the safety, wellbeing or enjoyment of others

•  Interfere with the operation of the Swim School or the delivery of lessons

•  Engage in conduct that our staff reasonably consider unsafe, inappropriate or disruptive.

Failure to comply with these conditions may result in the suspension or cessation of an enrolment.

Our premises are strictly smoke-free and vape-free, including within five metres of the entrance.

3. What you can expect from us

Our team will:

•  Treat every child and family with respect, patience and courtesy

•  Deliver lessons in accordance with our programs and our instructors’ professional training

•  Maintain a safe environment and appropriate supervision during lessons

•  Communicate openly and respectfully with families about their child’s progress

•  Work with families, where reasonably practicable, to find appropriate solutions when a child is experiencing difficulty with lessons

•  Consider reasonable adjustments where appropriate and practicable

•  Handle personal and health information confidentially and in accordance with our Privacy Policy

4. What we ask of families

We ask all families, carers and visitors to:

•  Treat our instructors, front desk staff, other families and students with respect and courtesy

•  Follow all facility and pool rules, as well as any reasonable direction given by our staff

•  Arrive on time and let us know as early as possible if you are unable to attend

•  Ensure children wear appropriate swimwear; children who are not toilet trained must wear a swim nappy

•  Raise concerns with us directly and respectfully so we have an opportunity to understand and resolve them

•  Provide us with relevant information that may affect their child’s participation, including the matters outlined in Sections 8 and 10

•  Respect the learning environment and avoid behaviour that distracts or interferes with lessons

5. Supervision of children

Our instructors are responsible for supervising students during their lesson. At all other times, children remain the responsibility of their parent or carer.

Children aged 10 and under must be supervised by a parent or carer at all times while on the premises, including in change rooms, on the pool deck and in waiting areas.

Children who are not participating in a lesson must not enter teaching areas at any time, whether or not a lesson is in progress.

Children must not disrupt lessons, interfere with instructors or students, or enter the pool without permission from a Hollands Swim School instructor.

All facilities and equipment are used at your own risk, subject to any rights and protections provided by law.

6. Lesson participation and parental interference

To ensure lessons can be delivered safely and effectively, parents and carers must allow instructors to manage and conduct lessons without interference.

Parents and carers must not:

•  Enter teaching areas unless invited or authorised by a staff member

•  Physically intervene with or direct their child during a lesson unless requested by an instructor

•  Coach, instruct or repeatedly call to their child during a lesson

•  Distract an instructor or another student

•  Disrupt the structure or delivery of a lesson

•  Challenge or override an instructor’s reasonable directions while a lesson is taking place

Where a parent or carer has a concern about how a lesson is being conducted, it must be raised with our front desk team or management after the lesson rather than interrupting or challenging the instructor during the lesson.

Safety directions given by our staff must be followed promptly. Staff may need to give directions regarding pool access, student behaviour, supervision, lesson participation or other safety matters, and these directions must not be disregarded while a safety issue is being managed.

For Parents Assist Baby classes, a parent or carer must participate in the water with the child for the duration of the lesson, unless otherwise agreed by Hollands Swim School.

7. Respectful behaviour towards our team

Our instructors and staff are entitled to a safe and respectful workplace, and we take this responsibility seriously.

We do not accept the following behaviour towards our staff, students or other families, whether it occurs in person, by telephone, email, text message or online:

•  Aggressive, intimidating or threatening behaviour

•  Shouting, swearing or abusive language

•  Personal insults or derogatory remarks directed at a staff member

•  Discriminatory, racist, sexist or otherwise offensive remarks

•  Threats of any kind, including threats to a person’s safety, employment or reputation

•  Harassment, intimidation or repeated unreasonable contact

•  Filming, photographing or recording staff or other families without their consent, where consent is required by law or by this policy

•  Behaviour intended to embarrass, intimidate, threaten or undermine a member of our team.

 

If this behaviour occurs, we may:

1.  Ask that the conversation stop and end a telephone call or in-person discussion

2.  Require that further communication take place in writing

3.  Require that communication be limited to a nominated person

4.  Require that only a nominated parent or carer attend the premises

5.  Suspend or cease the enrolment of the associated student

6.  Refuse entry to the premises

7.  Report the matter to police where appropriate

We will always aim to resolve concerns through respectful communication where possible. However, where behaviour is serious or presents a safety concern, we may take immediate action without prior warning.

Repeated conduct may be treated as a breach of this policy even where individual incidents, considered separately, may appear minor.

Nothing in this section prevents a family from making a genuine complaint or expressing a lawful opinion. However, harassment, threats, intimidation, discriminatory conduct or targeted abuse of staff will not be tolerated.

8. Supporting your child

Some children may need additional support to get the most out of their swimming lessons. Please let us know at enrolment, or as soon as you become aware, if your child:

•  Has a medical condition, disability, developmental delay or diagnosis that may affect their participation

•  Is receiving support, assessment or therapy that may be relevant to their lessons

•  Has particular sensitivities, triggers or strategies that help them participate successfully

•  Has behavioural, emotional or physical needs that may affect their safety or the safety of others during lessons

Any information provided will be treated confidentially and used only for the purpose of appropriately supporting your child.

The earlier we understand your child’s needs, the more effectively we can consider appropriate support. Depending on the circumstances, this may include a smaller class, private lesson, quieter time of day, different instructor or support person in the water.

We will consider reasonable adjustments based on the individual circumstances, the needs of the student, the safety of the student and others, our staffing and facilities, and what is reasonably practicable for the Swim School.

We cannot guarantee that a particular class, instructor, lesson time or lesson format will be suitable or available in every circumstance.

An adjustment may not be possible where it would create an unacceptable safety risk, materially compromise the safety or learning experience of other students, or is not reasonably practicable in the circumstances.

We cannot reasonably consider or provide adjustments for circumstances we have not been made aware of.

9. Student behaviour and safety

We recognise that children can have difficult days and that behaviour may vary depending on age, development and individual circumstances.

Where a student’s behaviour becomes disruptive or unsafe, our instructors will, where reasonably practicable, use appropriate strategies to support the child and maintain a safe learning environment.

Where a student’s behaviour:

•  Creates a safety risk to themselves, another student or a staff member

•  Prevents an instructor from safely supervising or teaching the class

•  Repeatedly disrupts the learning of other students

•  Involves physical aggression or intentionally unsafe conduct

•  Cannot reasonably be managed within the existing class structure

we may pause, modify or end the lesson.

Where appropriate, we may discuss alternative arrangements with the family. These may include a different class, instructor, lesson format, private lesson or other reasonable adjustment.

We cannot guarantee that an alternative arrangement will be available or suitable.

Where we reasonably consider that a student’s participation cannot be safely or appropriately managed, we may suspend or cease the enrolment in accordance with Section 12.

10. Health and fitness to participate

By enrolling a student, you confirm that:

•  You have provided us with information about any relevant medical conditions, allergies, medications, disabilities or physical restrictions that may affect the student’s participation

•  You will promptly update us if this information changes

•  To the best of your knowledge, the student is fit and well enough to participate in swimming lessons

Please do not attend swimming lessons if the student is unwell, has an infectious illness, or has experienced diarrhoea within the previous 48 hours.

Our instructors are not medically trained and cannot diagnose or treat medical conditions. In the event of an emergency, we will seek appropriate medical assistance and contact you as soon as reasonably possible.

11. Photography, filming, recording and privacy

Photography and filming are permitted only of your own child and only where no other child, family member or staff member is identifiable, including in the background.

Please do not post photographs or videos on social media where another person is identifiable without their consent.

Photography and filming are strictly prohibited in change rooms, toilets, showers and nappy-change areas.

Audio or video recording of lessons, staff, conversations or interactions on the premises is not permitted without the prior consent of Hollands Swim School and, where applicable, the people being recorded, except where otherwise permitted by law.

We have zero tolerance for covertly taken images, indecent images or any misuse of images. Where appropriate, such conduct may be reported to police.

Our instructors do not use mobile phones while supervising or teaching.

Personal and health information provided to us will be handled confidentially and in accordance with our Privacy Policy.

12. Suspension, refusal or cessation of enrolment

We may, where reasonably necessary in the circumstances, suspend, refuse to renew or cease an enrolment where:

•  The conditions of entry in Section 2 are not met

•  The behaviour standards in Section 7 are not met

•  A student repeatedly engages in behaviour that cannot be safely or appropriately managed

•  A serious incident or conduct is reported by a customer, staff member or other person and, after consideration of the circumstances, we reasonably consider that the enrolment cannot safely or appropriately continue

•  A safety risk cannot be appropriately managed through reasonable adjustments or other reasonable measures

•  A parent, carer or visitor interferes with, disrupts or repeatedly attempts to influence the delivery of lessons

•  Fees remain unpaid after the payment due date and any reasonable notice or opportunity to remedy the non-payment.

•  We reasonably consider that we cannot safely or appropriately provide the service required in the circumstances

We will consider the circumstances of each situation and, where appropriate, may first discuss concerns with the family and explore reasonable solutions.

However, where behaviour is serious, an immediate safety concern exists, or the circumstances warrant immediate action, we may suspend or cease an enrolment without prior warning.

Where we cease an enrolment, we will communicate the decision and the reasons for it in writing or in person. Where applicable, we will refund fees paid for lessons that have not yet been delivered.

13. Changes, cancellations and operational requirements

Hollands Swim School may cancel, postpone, modify or temporarily suspend a lesson, class or access to the premises where reasonably necessary for safety, maintenance, cleaning, staffing, operational requirements, emergencies, water quality, severe weather or other circumstances outside our reasonable control.

Where a lesson is cancelled by Hollands Swim School, any applicable make-up, credit or refund will be dealt with in accordance with our current enrolment and payment terms.

Class times, instructors, class structures and lesson arrangements may change from time to time where reasonably necessary for operational, staffing, safety or program reasons.

14. Fees, Payment & Lesson Blocks

  • Payment secures the student’s allocated class time for a 10-week payment block.
  • Payment blocks are based on 10 scheduled lessons and are not aligned with school terms.
  • Fees are payable in accordance with Hollands Swim School’s current fee schedule and payment arrangements.
  • A student’s class place is held for the duration of the payment block, subject to payment of the applicable fees and compliance with these Terms and Conditions.
  • Payment blocks do not include lessons that fall on public holidays or during Hollands Swim School’s scheduled closures.
  • If a family does not wish to continue after a payment block, they must notify Hollands Swim School before the commencement of the next payment block.
  • If a family chooses to discontinue lessons part-way through a payment block, the family may choose to retain the value of any remaining lessons as an account credit, or request a refund for any remaining lessons that have not yet been delivered.
  • The refund will be calculated based on the number of unused lessons remaining in the current payment block and will not include any make-up lessons or other credits held on the family’s account.
  • Class places are subject to availability and cannot be guaranteed if a family chooses to discontinue and later wishes to return.
  • Fees, enrolments and class places are personal to the enrolled student and cannot be transferred to another student or family unless otherwise agreed by Hollands Swim School.

15. Make-up lesson rules

Where a student is unable to attend a scheduled lesson due to illness, holiday or another reason, families may mark the student absent through the SimplyPortal App and, where eligible, receive a make-up lesson.

To receive a make-up lesson:

  • The student must be marked absent through the SimplyPortal App, or Hollands Swim School must be notified by email or telephone before the scheduled lesson has commenced.
  • Once an absence has been recorded, an eligible make-up lesson will be added to the family’s portal account.
  • Make-up lessons can be booked through the SimplyPortal App, subject to availability.
  • Make-up lessons are subject to available spaces and are not guaranteed to be available on a particular day, at a particular time, in a particular class or with a particular instructor.
  • Make-up lessons must be used within three months of the original absence. The expiry date will be shown in the SimplyPortal App.
  • Once a make-up lesson has been booked, it cannot be changed or cancelled.
  • If a student does not attend their scheduled lesson and the absence has not been notified in accordance with these requirements, the absence will be recorded as “Make Up Lesson Away” and no make-up lesson will be credited.
  • Make-up lessons cannot be added to the end of a payment block or extended beyond their expiry date.
  • Make-up lessons have no monetary value and cannot be exchanged for, converted into or redeemed as a refund, credit, discount or cash payment.
  • Unused or expired make-up lessons are forfeited and cannot be refunded, transferred, carried forward or converted into monetary value.

Make-up lessons are provided as a courtesy to assist families when a scheduled lesson is missed and do not represent a replacement for the original lesson or an extension of the payment block.

Hollands Swim School reserves the right to amend the make-up lesson system or its availability where reasonably necessary for operational reasons. Any changes will be communicated to families and the current make-up lesson terms will be available on our website.

16. Extended Absences

If a student is going to be absent for an extended period, families may choose to:

  • Continue paying for the payment block to retain the student’s allocated class place and receive eligible make-up lessons for missed classes; or
  • Unenrol the student and retain the value of any remaining lessons in the current payment block as a credit on the family’s account, which can be used towards lessons when the student re-enrols; or
  • Request a refund for any remaining lessons in the current payment block that have not yet been delivered. The family can then contact Hollands Swim School when they are ready to return, with a new class place offered subject to availability at the time of re-enrolment.

Hollands Swim School cannot guarantee that the student’s previous class, day, time or instructor will be available following an extended absence.

Make-up lessons arising from an extended absence remain subject to the Make-Up Lesson provisions in these Terms and Conditions, including applicable expiry dates and availability.

17. Scheduled Closures & Public Holidays

Hollands Swim School does not operate on public holidays or during its scheduled swim school closure periods.

Scheduled closures may include:

  • The Christmas and New Year period
  • The Easter period
  • The June/July school holiday period
  • Australian public holidays

The specific dates of scheduled closures may vary from year to year and will be communicated to families in advance where reasonably practicable.

Lessons that fall within scheduled closure periods or on public holidays are not included in the 10-week payment block and do not require a make-up lesson.

Hollands Swim School may also temporarily close or modify operations where reasonably necessary due to circumstances including safety, maintenance, staffing, emergencies, water quality, severe weather or other circumstances outside our reasonable control.

18. Liability

While on our premises, you and your personal property are at your own risk.

To the extent permitted by law, Hollands Swim School is not responsible for loss, damage or theft of personal property, except where such loss, damage or theft is caused by our negligence.

Nothing in this policy is intended to exclude, restrict or modify any guarantee, right or remedy available to you under the Australian Consumer Law.

19. Concerns and complaints

If you are unhappy with any aspect of your experience, please tell us. We would much rather have the opportunity to hear your concerns directly and work towards a resolution.

1. Speak to us

Raise your concern with our front desk team or the instructor involved.

2. Put it in writing

If the matter is not resolved, please email us at hollandsswimschool@gmail.com with the relevant details.

3. We will respond

We will acknowledge your complaint within two business days and aim to provide a substantive response within 10 business days.

We ask that all concerns and complaints are raised calmly and respectfully. The standards outlined in Section 7 apply to complaints and all other communication with our team.

20. General

This policy forms part of your enrolment with Hollands Swim School. By enrolling in or attending a lesson, you acknowledge that this policy applies to your participation at Hollands Swim School and agree to comply with its requirements.

Parents and carers are responsible for ensuring that other family members and visitors attending the premises with them are aware of and comply with this policy.

We may update this policy from time to time. The current version will be made available on our website, and we will provide notice of any material changes.

If any provision of this policy is found to be invalid or unenforceable, the remaining provisions will continue to apply.