Class and Photography Terms and Conditions

What these terms cover. These are the terms and conditions on which our licensees (“Licensees”) licensed to provide Turtle Tots classes and underwater photo shoots and images supply their services to you.  The specific Licensees will be notified to you when you book your class or underwater photo shoot.  All customers are expected to abide by the terms and conditions set out below.

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how the Licensees will provide services to you, how you and the Licensees may change or end the contract, what to do if there is a problem and other important information.

Please note that we are not the provider of the classes, and your contract is between you and the Licensee.

Information about us and how to contact us

Who we are. We are Turtle Tots Limited, a company registered in England and Wales. Our company registration number is 07590163 and our registered office is at Railway House Station Close, Backwell, Bristol, BS48 1TJ. Our registered VAT number is 157269874.

How to contact us. You can contact us by telephoning our customer service team at 01275 857621, by writing to us at 3 Farleigh House, Farleigh Court, Old Weston Road, Flax Bourton, Bristol BS48 1UR or by emailing us at info@turtletots.com

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

The licensees’ contract with you

How your order is accepted. Acceptance of your order by the Licensee will take place when we email you with an order acknowledgement, at which point a contract will come into existence between you and the Licensee.

If your order cannot be accepted. If the Licensee is unable to accept your order, we will inform you of this in writing and will not charge you for the class.

Safety and instructions

Customers are responsible for their children at all times and must inform the Licensee prior to the class if they have any concerns.

Customers must inform the Licensee of any health issues that may be relevant.

We operate a strict double nappy policy for those children not yet fully toilet trained.  Two appropriate nappies must be worn by children not yet fully toilet trained.  Please contact us if you have any queries.

Nappies (including disposable swim nappies) must not be left on the pool premises.

Please do not run on the side of the pool or enter the pool without a Licensee or other member of Turtle Tots staff present.

Customers must follow pool procedures as advised to them at the time of confirmation or subsequently.

Customers should aim to arrive no more than 15 minutes before the class and leave no more than 15 minutes after the class to help improve changing room comfort.

Car seats and pushchairs etc. should not be left in the changing rooms as there is not enough room for them.

Food is strictly forbidden in the pool buildings. Strictly no outdoor footwear or buggies poolside.

For health and safety reasons, you should not bring your child to a class for at least 48 hours after being clear of any symptoms of illness, sickness or diarrhoea, or at least two weeks after being clear of symptoms in the very rare event of cryptosporidiosis. If in doubt seek medical advice.

For health and safety reasons your baby should be changed on the floor using their own changing mat or a designated baby-changing table.

All swimmers must shower poolside before getting into the pool.

Lost property found at the pools will be kept at the office of the Licensee.   

Please adhere to the instructions given to you regarding car parking, entry and exit route to pools.

Licensees occasionally operate in lone worker environments. In this situation customers will be informed of the emergency procedure to follow in the unlikely event of the Licensee becoming seriously ill or injured.   

Customers are asked by week seven of the current term if they wish to continue with the classes next term. Places in your existing class will normally be held until week 8 and then offered on a "first come first served" basis to others.

Turtle Tots do not store any information about your bank accounts or credit cards.

Price and payment

The price of the classes and underwater photo shoots (which includes VAT) will be the price indicated on the order pages when you placed your order.

It is always possible that. despite our best efforts, our classes may be incorrectly priced at the time you place your order. We will contact you of the classes have been incorrectly priced when you placed your order, and we reserve the right to cancel the order if we are unable to agree the correct price.

We accept payment via the methods listed at the foot of these terms.

You must pay for the classes and underwater photo shoots in full before the Licensee starts providing them.

Ending the contract

If you wish to end your contract with the Licensee, please contact the Licensee.  Your rights when you end the contract will depend on why and when you decide to end the contract.

Ending the contract because of something we, or the Licensee have done or are going to do. You have a legal right to end the contract because of something we or the Licensee have done wrong. The contract will end immediately and we will refund you in full for any classes which have not been provided. 

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods or services bought online you have a legal right to change your mind. On ordering classes, you have 14 days to change your mind (the “cooling off period”), beginning after the day we email you to confirm your order has been accepted. However, if you cancel after we have started the classes, you must pay us for the classes provided up until the time you tell us that you have changed your mind, and this sum will be deducted from any refund.

Ending the contract where we or the Licensee are not at fault and there is no right to change your mind, please see our “Class Refund Policy” below.

How we will refund you.  We will refund you by the method you used for payment. However, we may make deductions from the price, as described elsewhere in these terms.

When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind

We are not responsible for delays outside our control. If our provision of the classes is delayed by an event outside our or the Licensee’s control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end your contract with the Licensee and receive a refund for any classes you have paid for but not yet received.

Class refunds

In the event that you are unable to attend a class (for example, due to your or your child’s sickness or holiday), we regret that we are unable to refund you as your payment secures your place for the full term.

If the Licensee is unable to run a class because of reasons beyond our reasonable control (for example, in severe weather), we are unable to refund you.  However we will use reasonable endeavours to provide a replacement class.·       

If you cancel your order for classes after the cooling off period but not less than 14 days before the start of term, you will receive a full refund less an administration charge of £20.

If you cancel your order for classes after the cooling off period but less than 14 days before the start of term, or once the term has begun, we will only offer a refund if, we can find someone to take your place.  Once we have received payment for the classes from the new customer we will refund you only for the classes which have yet to take place less an administration fee of £20.

Photo shoot bookings, cancellations and refunds

The photo shoot booking fee covers the cost of attending the photo shoot, it does not include any digital images, prints or products

If you cancel your photo shoot booking after the cooling off period, but not less than 14 days before the photo shoot, you will receive a full refund less an administration charge of £20.

If you cancel your photo shoot booking after the cooling off period, but less than 14 days before the date of the photo shoot, we will only offer a refund if we are able to re-allocate your booking to another customer.  Your refund, less an administration fee of £20, will be processed once the booking fee payment has been received from the replacement photo shoot booking.

After booking a place on an underwater photo shoot if you are subsequently unable to attend the photo shoot (for example, due to your or your child’s sickness or holiday), we are unable to issue a refund.

If the Licensee is unable to run the photo shoot, or the time or date of the photo shoot changes due to reasons beyond control (for example in severe weather), we are unable to provide a refund.  However the licensee will use reasonable endeavours to reschedule the photo shoot as soon as possible.

Photo shoot attendance

All babies and toddlers attending a Turtle Tots underwater photo shoot should be completely happy and comfortable with swimming under water at the time of the photo shoot. Licensee’s are trained to respect and respond to your baby’s communication and cues and may decide if it is not appropriate for your baby or toddler to go underwater during the photo shoot, in this scenario surface swim photographs can be taken instead.  Your child’s safety and wellbeing is always our priority.

For babies and toddlers not completely happy and comfortable with swimming underwater we do not recommend attending an underwater photo shoot.

All babies and toddlers should be fit and well enough to participate in the underwater photo shoot.

Photo shoot images

Within a few days of the photo shoot you will receive an email containing a link to log in to our secure Turtle Tots website and view the images of your child. There is no obligation to buy any images, prints or products after the photo shoot.

Orders for digital images are supplied as high resolution Jpegs and an automatically generated download email will be sent to your registered email address with a link to access and download your images. Orders for prints and products are posted within seven working days.

Images, and the number of images you’ll receive, depend on many factors including how your child is on the day.  Our underwater photographers are very experienced and will do their best to obtain some great images, whilst responding to your child’s behaviour and cues. Your child's safety and wellbeing is always our priority.

Following the photo shoot the images of your child will be securely held on our system indefinitely and orders can be placed at any time. The price of digital images, prints and products, and their availability, are subject to change.

The price of digital images, prints and products will not change in the period between booking a photo shoot, and one month after the photo shoot, but may change thereafter. 

Image editing

Sometimes a Turtle Tots teacher's hand or leg will accidentally be visible in images. Usually this can easily be rectified by our editing team and editing of up to five free edits are included within your photo shoot package for this type of edit.

For a small charge we can also remove scratches, rashes, stray bogies and even open eyes. We can also carry out bespoke editing to really make the most of your images.

Privacy and marketing

We respect your need for privacy and keep any information that you share with us in confidence. We are bothered by spam and unsolicited phone calls as much as you are, and we do what we can to discourage these practices. We record your personal information only if you provide it to us when expressing an interest in our services. We do not share this information with any third parties. In short, we use your personal information only to serve you better. We want you to be comfortable contacting us.

Occasionally we take photographs and videos during classes and use them for marketing purposes e.g. on social media sites and the Turtle Tots website. If you do not want your photograph used in this manner please advise the Licensee or your teacher.

Exclusion of liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of any Licensees, our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

Queries

If you have any questions or complaints, please contact us using the details provided at the beginning of these terms.

Other important terms

We or the Licensee may transfer this agreement to someone else. We or the Licensee may transfer the Licensee’s rights and obligations under these terms to another Licensee or organisation.

You need the Licensee’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if the Licensee agrees to this in writing.

Nobody else has any rights under this contract. This contract is between you and the Licensee. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we or the Licensee delay in enforcing this contract, we can still enforce it later. If we or the Licensee do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us or the Licensee taking steps against you at a later date. For example, if you miss a payment and we do not chase you but the Licensee continues to provide the classes, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Changes to terms and conditions

From time to time we may update these terms, by sending you either an updated version or notification of minor changes. You are free not to accept these changes but we would ask you to notify us in writing of your non acceptance within 14 days of your receipt, failing which we will be entitled to treat your agreement with the Licensee as being subject to the updated terms.

We accept the following payment cards on our website: