The use of this site is governed by the policies, terms and conditions below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Duck & Dive Pty Ltd (hereby referred to as Duck & Dive) reserves the right to make changes to this site and these terms and conditions at any time.

This agreement
Online bookings can only be made if you have ticked the box agreeing to these terms and conditions. If booked over the phone, the “Welcome Pack” email sent to you prior to your first lesson states that you are deemed to be in acceptance if you have not contacted us at least 5 business days before the first day of term (not your first lesson).

If any changes are made to these terms within the current term, we will advise you by email. If you exercise your right to not accept the change, we ask that you advise us in writing within 14 days. After this period if you have not contacted us you will be bound by the updated version. You will be required to acknowledge a revised set of terms and conditions for each term you book on to.

This agreement will also adhere to and require your compliance with any NSW State or Federal Public Health Order and Duck and Dive Covid requirements.

IMPORTANT NOTE: to avoid any awkward conversations once term has started…..?
– Once booked on, there are no refunds within 5 business days before the first day of term (not your first lesson). Prior to this date you may cancel less a $40 admin fee.
– We can’t transfer your fees or give credits should you change your mind or be unable to attend lessons for any reason, even for extended absences, medical conditions under advice, with or without certification. We will  of course make every endeavor to assist with workarounds and make up classes subject to operational limitations.
Make up class availability (you get 5 for this term) for illness is entirely dependent on your flexibility and availability plus the swimming community (you guys!) marking absences at least 2 hours beforehand so other carers can use your place.

Class terms and Payments
There are 4 terms per year, in line with the school holidays.

You will be notified part way through each term by newsletter and text of the re-booking window and deadline. After the deadline all classes are opened up to general sale.

Your payment guarantees your place. Payments may be made by credit card online.

Credit card payments are subject to a surcharge. The fees are passed on from our Merchant. In the event of a refund (see Refund and cancellation policy) credit card surcharges are NOT refunded as the merchant does not refund to Duck and Dive.

If you do not wish to continue lessons at re-booking time, no action is required by you, though an email to tell us helps and will ensure we remove you from our system.

Purchases from our online store will not be sent until monies are received, similarly no access to classes will be allowed unless classes are paid for in full.

How we contact you
We will need to contact you from time to time with important operational information regarding lessons. This is done by via one primary email address and one primary mobile number. Sometimes changes are only known to us on the day therefore the mobile number that will be in use on the day of your lessons is required. We also advise clients about rebooking and other important items via quarterly Newsletter sent by email. Please keep these two important communication channels up to date.

Nappies and Changing Baby
Strict rules must be observed with your baby or toddler’s attire whether potty trained or not. All babies must wear a disposable swimming nappy and then on top a SplashAbout Happy Nappy which must be the correct size, snugly fitting and fit for purpose (i.e. keeping running poos from leaking into the pool resulting in a possible pool closure). Any child not wearing this combination or an incorrectly fitting garment will be refused entry into the pool.

We advise that you change baby on the floor using a suitable changing mat and not to use any benches or trolleys that may be in the facility. Do not use any raised areas such as benches or tables. This is to prevent babies from rolling onto the floor from high surfaces which can easily happen and is extremely distressing for all concerned. Your use of anything other than the floor for changing is at your discretion.

You are required to take all your used nappies away with you and never leave them in an open bin (including those within the facility).

Changes to classes
Occasionally class sizes reduce for example as parents repatriate or go back to work. It’s not always possible to continue with a small number and we may have to merge and/or change the time. On the positive side, it’s a great opportunity to make new friends but if this does happen we will try to keep things as similar as possible but can’t guarantee it.

If you decide to change pool or class time, again we will try but cannot make any guarantees. Please note that you will need to have completed your current course before moving up.

In respect of weekend classes, if you decide to take a break from swimming for a term or terms, places are preferenced to currently enrolled midweek swimmers wishing to transition to weekend times.

There are occasions when it is necessary to change your teacher. We try not to, but they are human after all and like us can sometimes fall ill or have circumstances in their life that dictate change.

Also there may be times when we occasionally need to train a new instructor to teach your class. At this point they will already be qualified swim teachers. Our Duck and Dive teachers need to teach a series of classes before they get their “wings”. Should this happen, it will always be done under the supervision of a Duck and Dive tutor and your lesson content will not be affected. 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.

Refund and cancellation policy
There are no refunds in the event that you miss a lesson (part or whole) or indeed the entire course for any reason. We are unable to provide any alternative for a missed lesson other than in accordance with our make up policy (see below).

Sometimes pools “go down” and can’t be used. In such an instance we are not liable for any travel expenses incurred. When a lesson has to be cancelled we will make every effort to re-schedule your lesson. This may be done over 2 weeks for example starting your regular lesson 15 minutes early or finishing 15 minutes later.  We will advise you as soon as possible of the re-scheduled lesson by email. You have 48 hours to advise us if you are unable to make the lesson after which it is deemed you are in agreement. If, within 48 hours of this notification you have advised us that you are unable to attend the additional class, we will issue a credit against your next term’s fees. If you are not returning the following term, we will issue a refund.

In the event of Duck and Dive closure due to government restrictions (eg Covid lock down) affected lessons will be credited to your account and applied to the following term. Refunds will only be made in the term after a lock down period. If government restrictions dictate a change to allowable class size (eg square meter rule) and we have to reduce numbers, then clients will be removed in the order in which they booked on i.e last to book on, first to be cancelled.

You may cancel your booking up to 5 business days before the first day of term (not your first lesson) when we will issue you a refund less a $40 administration charge. If the term has started, then Duck and Dive is under no obligation to refund any part of the course fee. This applies to new clients and existing.

It is not possible to transfer payments made from one term to another. If a booking is relinquished prior to term starting then a refund will be made less any administration charge.

Sometimes a class which you may have booked onto does not fill before term starts. If there are insufficient numbers then we reserve the right to cancel the class and refund you if we are unable to offer an alternative.

Make Up Classes
Our policy can be found here. There is no guarantee of make up availability. The purpose of make ups is to discourage attendance with illnesses that may be transmissible in class, they are not intended for prolonged injuries and illnesses or convenience. In some of the higher levels there are fewer students than the lower levels which means a make up may not always be possible. Your make up status “resets” each term and no unclaimed make ups can be refunded or carried over to a future term.

Photography
Our philosophy is that baby swimming is something to be celebrated, shared and remembered and we are happy for you to photograph or video your little one above the water. However, we ask that you be mindful, courteous and observant of others and their children. If you are asked to stop filming we ask that you comply, our teachers have the last word in all respects. No photography is allowed in the changing rooms. There are some pools that have their own policy on photography that we must adhere to. In this event you will be notified. Under no circumstances, at any time, are underwater cameras or recording equipment of any description allowed to be used during any of our activities. No live streaming is allowed anywhere during, before or after lessons.

No part of our lessons, logos or photography may be reproduced in any form.

We reserve the right to use any underwater images or surface shots for our promotional purposes. Duck and Dive are not liable for the actions of third parties or any liability arising from a breach of these terms and conditions.

By entering our premises or participating in our events, you consent to be photographed by us or our authorized representatives and to have your image and likeness used by us for promotional purposes on our social media platforms or any other media or distribution methods, now known or later developed. You waive any rights to inspect or approve the photographs or the use of them and release us from any liability arising from or related to the photographs or their use. If you do not wish to be photographed or have your image and likeness used by us, please inform us in writing before entering our premises or participating in our events. Alternatively, you may avoid being photographed by staying away from areas where photography is taking place or by notifying the photographer of your preference.

OH & S
ILLNESS:
Children or carers feeling unwell or suffering from any infectious ailment either known or suspected should not attend swim lessons and consult a doctor prior to re-joining classes. Similarly with any conditions developed, you should consult a doctor. (See also sub section “Medical Conditions”)

Never attend lessons if:
You or your child have any illness such as an ear infection, sickness, diarrhoea, chicken pox, impetigo, conjunctivitis, streptococci, hand foot & mouth or a bad cold. We advise that you get approval from your doctor before re-joining classes. In the case of gastroenteritis or diarrhoea you must be clear for 14 days before returning to swimming. If in doubt please ask AS WELL BEFORE YOUR LESSON AS POSSIBLE.

Any open sores should be covered adequately at all times.

ADULT INFECTIONS:
We encourage carers to wear thongs to prevent the spread of any infections. Water quality is important to us, you and people swimming after you. With this in mind, showering to remove lotions, perfumes and deodorants will help this.

Goggles are introduced later in the course so you can see baby clearly under the water. We recommend that you have your own and we sell a high quality pair of the transparent, non tinted variety that allow baby to see your eyes.

MEDICAL CONDITIONS:
You need to declare any medical conditions for you, baby or any carer who may swim in our classes. Any uncertainties in this regard must be addressed with a health care professional (Paediatrician, Health Visitor, Doctor etc). Your acceptance and acknowledgement of these terms (see section “This Agreement”) means that you take responsibility for ensuring that anyone attending classes who has an injury or medical condition etc has consulted a health care professional and will also advise their teacher before entering the pool. You (or the carer bringing your child) take full responsibility for any medical condition or injury and will be deemed by Duck and Dive to have been given approval by a health professional or in not receiving approval is doing so at their own risk. Informing Duck and Dive of a medical condition or injury does not relinquish this responsibility. The following information must be disclosed to us:

– Full name of child/carer
– Full name of the medical condition of child/carer

Also you are required to advise us of any changes such as pregnancy as soon as you are aware of them. All information is handled with complete confidence.

POOLSIDE:
Any swimming parents (only 1 per baby is allowed in the pool per lesson) and their child or spectating parents, friends, relatives or their children are your responsibility. You are responsible for the safe supervision of any children you bring at all times: on the poolside, in the changing rooms and on the pool premises. They should always be under the direct supervision of an adult who is not taking part in the lesson and never be left unattended. Children running on wet surfaces can very easily slip and hurt themselves. Our teachers are responsible for and focussing on the safety, well being and lesson quality of the people in the pool. They have absolute authority to ask anyone that compromises this to leave the spectating area.

No persons may enter the pool (no matter how inviting or quiet the current lesson is) without express permission from the teacher. This is an important OH&S requirement. 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.

JEWELLERY:
All jewellery should be removed (wedding rings are OK). See also “Personal Property” section.

PRAMS AND PUSHCHAIRS:
Please refer to the “Welcome Pack” for guidance on pram and pushchair policy for each site. There are strict criteria which must be observed and which we are required to uphold by the pool owners.

VERY YOUNG BABIES:
We need to be advised if your baby is estimated to be less than 5.5 kilos as at the date of your first lesson. We reserve the right to defer enrolment to a future term in the best interests of your child. This will depend on the pool location and time of the year and we are happy to discuss this with you.

Personal property
Anything left anywhere is done so at your own risk with no liability held by Duck and Dive. If we find anything of value we will do our best to return this as soon as possible. Small items we find such as clothing or apparel (yours or baby’s) will be held in lost property for the remainder of term and then sent to Vinnies.

Pool closure
FORCE MAJEURE EVENTS:
Duck and Dive are not liable for, nor will refund lessons against any force majeure event.

ADVERSE WEATHER/TRAFFIC/PUBLIC HEALTH ORDERS ETC:
If the pool is operational then we are not responsible if you are unable to reach classes. No refund or reschedule of lessons is made in this regard.

Regretfully there are no refunds or part thereof in the event there is an evacuation eg fire alarm etc

Withdrawal of service
Duck and Dive reserve the right to exclude entry to any clients wishing to participate in any of our services entirely at our discretion.

Exclusion of Liability
In the absence of any proven negligence, lack of due diligence or breach of duty by the instructor(s); Duck and Dive; its employees, the participation of you; your spouse/partner; child or those in whose care you have placed your child for the purpose of attending or observing Duck and Dive activities is done so entirely at your and their own risk.

Copyright
This site is owned and operated by Duck & Dive. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Duck & Dive.

All software used on the site is the sole property of Duck & Dive or those supplying the software.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Duck & Dive’s prior written permission.
All rights not expressly granted herein are reserved.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.