1.1. In this Agreement, unless inconsistent with the context:
(a) “Splash Co” means Splash Co (Pty) Ltd, trading as Splash Co Swim School, having its principal place of business at 375 Vale Avenue, Ferndale, Randburg, Gauteng, Republic of South Africa.
(b) “Member” means the individual, parent or legal guardian enrolling a swimmer (“the Student”) for participation in swimming lessons, aquatic training, or related programmes conducted by Splash Co.
1.2. Completion of the registration form or attendance at any lesson constitutes an offer by the Member to contract with Splash Co. Acceptance of such offer, whether express or implied, shall give rise to a legally binding agreement enforceable under the laws of the Republic of South Africa.
1.3. This Agreement, together with any annexures or written amendments, constitutes the entire agreement between Splash Co and the Member. All prior representations or verbal arrangements are hereby superseded.
1.4. Splash Co reserves the right to amend these Terms and Conditions on thirty (30) days’ written notice. Continued participation after such notice shall constitute acceptance of the amended terms.
2.1. Splash Co offers the following membership options:
(a) Month-to-Month Membership – a continuing agreement terminable by one (1) full calendar month’s written notice in accordance with Clause 10; and
(b) Fixed-Term Membership (12 months) – a commitment for twelve (12) consecutive months, payable over ten (10) monthly instalments, with the final two (2) months (December and January) provided free of charge.
2.2. Members joining mid-year shall receive the complimentary months at the end of the following annual cycle, provided that all ten (10) instalments are paid in full and timeously.
2.3. The complimentary period is conditional upon full performance by the Member and shall be forfeited in the event of cancellation, early termination or payment default.
2.4. Failure to provide proper written notice prior to expiry of a fixed-term contract shall result in automatic renewal for a further period of twelve (12) months on identical terms.
2.5. Memberships are personal to the Member and non-transferable. No membership, timeslot or lesson may be sold, shared, ceded, assigned or otherwise transferred without the prior written consent of Splash Co.
2.6. Splash Co may suspend or terminate membership forthwith in the event of non-payment, material breach, misconduct, or conduct deemed prejudicial to the safety, reputation or operations of Splash Co.
3.1. All recurring fees are payable exclusively by Netcash Debit Order.
3.2. Debit dates available for selection are the 25th, last day, 1st or 3rd day of each month, as recorded upon registration.
3.3. Alternative payment methods, including EFT or cash, shall be accepted only where written authorisation for full-term or annual pre-payment has been granted by Splash Co.
3.4. All fees are due and payable on or before the first (1st) day of each month. Failure, reversal or rejection of a debit order shall constitute a breach of this Agreement.
3.5. Amounts outstanding shall attract interest at the rate of three per cent (3%) per week, compounded weekly, until payment is received in full.
3.6. Splash Co reserves the right to suspend participation and re-allocate any reserved timeslot for as long as an account remains unpaid.
3.7. Accounts in arrears for more than fourteen (14) days may be referred to Accountability (Pty) Ltd or such other debt-collection agency as Splash Co may appoint. The Member shall be liable for all legal, collection and administrative costs on an attorney-and-own-client scale, whether or not legal proceedings are instituted.
3.8. Each missed debit order shall attract a penalty fee of R50 (fifty rand) to cover administrative and banking costs.
3.9. Where payment is not made timeously, Splash Co may submit the account to Accountability (Pty) Ltd for listing with the recognised credit bureaus, in accordance with the National Credit Act and applicable credit-reporting regulations.
3.10. No refunds, credits or set-offs shall be permitted for any reason, including illness, relocation, absence or voluntary withdrawal.
4.1. Lessons are conducted from Monday to Saturday in thirty-minute (30-minute) sessions, according to the timetable published by Splash Co.
4.2. Lessons commence and conclude strictly at the scheduled time. Late arrivals forfeit the portion of time missed.
4.3. Splash Co may appoint substitute instructors without prior notice. A change of instructor shall not entitle the Member to any refund, credit or make-up lesson.
4.4. Class ratios are limited for safety and quality control. No class shall exceed four (4) students per instructor for children’s classes or six (6) students per instructor for baby classes. Temporary deviations may occur at management’s discretion.
4.5. Members shall notify Splash Co in advance of any intended absence. Lessons missed without such notification shall be forfeited.
4.6. Lessons operate year-round except during the annual December closure and on public holidays.
5.1. Make-up lessons are a discretionary courtesy extended by Splash Co and do not constitute a contractual right.
5.2. No make-up shall be granted for lessons cancelled or missed owing to lightning, inclement weather or other external conditions, save as expressly provided herein.
5.3. Where a lesson has commenced and is interrupted by lightning or adverse weather, Splash Co may, at its sole discretion, offer a partial or rescheduled lesson as a gesture of goodwill. Such gesture shall not establish any continuing entitlement.
5.4. If a full day’s programme is cancelled for safety reasons, the affected lessons shall be deemed delivered. Any replacement lesson offered shall remain wholly discretionary and subject to operational capacity.
5.5. In exceptional circumstances of prolonged lightning or weather disruption exceeding two (2) consecutive weeks, Splash Co may, at its sole discretion, arrange limited make-up lessons as an act of goodwill.
5.6. Approved make-up lessons must be completed within two (2) weeks of approval. A Member may not hold more than two (2) make-up lessons outstanding at any time. Unused make-ups lapse automatically without refund or extension.
5.7. Scheduling of make-ups is subject to availability, and Splash Co does not guarantee the Member’s preferred day, time or instructor.
5.8. Lessons missed for personal reasons, including school functions, travel or scheduling conflicts, shall not qualify for any make-up, refund or credit.
6.1. All swimmers shall wear a proper full swimming costume.
6.2. Swimming caps are compulsory for all participants.
6.3. Swimmers must rinse or shower prior to entering the pool.
6.4. Rash vests may be worn where necessary for comfort or medical reasons.
6.5. Children not yet toilet-trained shall wear either reusable or disposable swim nappies, provided that disposable nappies are pool-approved.
6.6. Underwear or street clothing is strictly prohibited in the pool.
6.7. Splash Co reserves the right to deny entry to any person failing to comply with hygiene or dress requirements.
7.1. All relevant medical information relating to the Member or Student(s) shall be disclosed in writing prior to participation.
7.2. Parents and guardians shall keep Splash Co promptly informed of any chronic condition, allergy, illness or medication which may affect participation.
7.3. Splash Co may, where appropriate, require a medical certificate of clearance prior to allowing participation.
7.4. In the event of medical emergency, Splash Co personnel are authorised to obtain or render such assistance as may be reasonably necessary, the costs of which shall be borne by the Member.
7.5. Splash Co shall not be liable for any injury, illness or loss arising from undisclosed conditions or failure to comply with safety instructions.
8.1. Lessons shall proceed during ordinary rainfall. Classes shall be suspended only when lightning is detected within a ten-kilometre (10 km) radius.
8.2. Splash Co operates with back-up power and water-heating systems to mitigate load-shedding or short-term outages.
8.3. Extended power failures, governmental restrictions, or natural disasters shall constitute force majeure events for which no refund or credit shall be due.
8.4. Management may, at its discretion, arrange limited make-ups following prolonged interruptions; such arrangements are not guaranteed.
9.1. Splash Co closes annually for approximately three (3) weeks during December.
9.2. Full monthly fees remain payable for December, the value of which is offset by the existence of several months each year containing five (5) lesson weeks billed as four.
9.3. The Member acknowledges that this structure is equitable and forms part of the agreed pricing model.
9.4. No discount, credit or refund shall be granted in respect of December fees.
10.1. All cancellations must be submitted in writing to info@splashco.co.za and shall take effect only upon written acknowledgment by Splash Co.
10.2. Month-to-Month Members must provide one (1) full calendar month’s written notice of termination.
10.3. No cancellations shall be permitted during the November–December period. Should a Member cancel within this period, they shall be billed for the fifth (5th) weeks of any months previously charged as four-week months.
10.4. Cancellation of a fixed-term contract shall attract a cancellation fee equivalent to the total annual saving between the month-to-month rate and the fixed-term rate.
10.5. Early termination of a fixed-term contract shall render the Member liable for the remaining balance together with any applicable cancellation fee.
10.6. Failure to provide proper notice shall result in continued billing until termination has been duly processed.
10.7. Lessons and timeslots may not be transferred or ceded to any other swimmer without full registration and the written consent of Splash Co.
10.8. No refunds or partial credits shall be issued after notice of cancellation has been submitted.
11.1. All persons entering the premises of Splash Co do so entirely at their own risk.
11.2. Running, rough play, or disorderly behaviour is strictly prohibited.
11.3. Parents or guardians shall supervise children when not actively participating in lessons.
11.4. The possession or consumption of alcohol or intoxicants on the premises constitutes a material breach warranting immediate expulsion.
11.5. The premises are monitored by 24-hour CCTV and external security patrols.
11.6. Splash Co accepts no responsibility for injury, loss or damage arising from non-compliance with these rules.
12.1. In terms of the Children’s Act 38 of 2005, changing on the pool deck is strictly prohibited.
12.2. Designated change rooms shall be used as follows:
• Fathers with girls under five (5) years – male cubicles.
• Mothers with boys under five (5) years – female cubicles.
12.3. No photography or recording of any child other than one’s own shall be undertaken without prior written consent.
12.4. No cameras or recording devices are permitted inside bathrooms or change rooms.
13.1. I, the undersigned Member, acknowledge that participation in the swimming programme (“the Programme”) requires vigorous physical activity and involves inherent risk. I confirm that I, or the Student(s) under my care, am physically fit to participate without undue risk and shall withdraw immediately should illness or incapacity arise.
13.2. I have disclosed, and shall continue to disclose in writing, all medical conditions, chronic illnesses, allergies or medications relevant to participation. Failure to do so releases Splash Co from any liability arising therefrom.
13.3. I recognise and accept the inherent dangers of aquatic activity, including injury, illness or death, and voluntarily assume all such risks for myself and the Student(s). No representation has been made that the Programme is free of risk.
13.4. I authorise Splash Co, its employees or contractors to obtain or perform such emergency medical assistance as may be reasonably required, and I accept full responsibility for all costs so incurred.
13.5. I, in my personal capacity and, where applicable, as parent or legal guardian of the Student(s), together with my heirs, executors, successors and assigns, hereby indemnify and hold harmless Splash Co (Pty) Ltd, its directors, employees, contractors, agents and insurers (“the Splash Co Parties”) against all claims, actions, demands, losses, liabilities, damages or expenses, whether direct, indirect or consequential, arising from or in connection with participation in the Programme, save only for loss caused by the gross negligence or wilful misconduct of Splash Co.
13.6. I acknowledge that lessons do not guarantee swimming competency or water safety and that a responsible adult shall supervise the Student(s) at all times when near or in water. Splash Co is not responsible for incidents occurring beyond its premises or control.
13.7. The use of cameras, mobile phones or recording devices within changing rooms or bathrooms is prohibited. I consent to Splash Co capturing photographs or video footage of myself or the Student(s) for instructional or promotional purposes, without compensation, provided such use complies with the Protection of Personal Information Act 4 of 2013 (POPIA).
13.8. I confirm that I have had adequate opportunity to read and consider this indemnity, to seek independent advice if desired, and that I enter into it freely and with full understanding of its legal consequences.
13.9. This indemnity is binding upon me and, where applicable, upon the Student(s) under my care for the entire duration of participation in the Programme and any subsequent renewals.
14.1. Splash Co complies with the Protection of Personal Information Act 4 of 2013 (POPIA).
14.2. Personal data obtained from Members shall be processed solely for legitimate business, safety and legal purposes and secured by reasonable technical and organisational measures.
14.3. Members may request access to, correction or deletion of their information by written notice to info@splashco.co.za.
14.4. Where an account remains unpaid beyond the permitted period, Splash Co may instruct Accountability (Pty) Ltd to recover the debt and to list the Member’s details with recognised credit bureaus in accordance with South African law.
15.1. Upon breach of this Agreement, Splash Co shall issue written notice granting the Member seven (7) days to remedy such breach.
15.2. Failure to remedy within the prescribed period shall entitle Splash Co to cancel the Agreement and/or recover all damages.
15.3. The Member consents to the jurisdiction of the Magistrates’ Court irrespective of the amount claimed.
15.4. All costs of recovery, including attorney-and-own-client fees, shall be borne by the Member.
15.5. No indulgence, extension or waiver granted by Splash Co shall prejudice or constitute a waiver of its rights.
16.1. The parties choose as their domicilium citandi et executandi for service of all notices:
(a) Splash Co (Pty) Ltd: 375 Vale Avenue, Ferndale, Randburg, Gauteng.
(b) The Member: the residential or postal address stated on the registration form.
16.2. Either party may change its domicilium by providing twenty-one (21) days’ written notice to the other.
17.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
17.2. No amendment or variation shall be binding unless reduced to writing and signed by both parties.
17.3. Should any provision of this Agreement be declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.4. Headings are for reference only and shall not affect interpretation.
17.5. The Member confirms that they have read, understood and voluntarily accept the terms of this Agreement in their entirety.
