Tisian Wilkie trading as Hydrobumps

  • Scope – these Terms & Conditions (“the Terms”) apply to all quotations and offers and sales made by Tisian Wilkie trading as Hydrobumps of Hydrobumps, Radio House, Birmingham, B6 4DA “Hydrobumps” or “We” or “Us”.
  • The Contract – by placing an order for aqua natal exercise classes with Hydrobumps you, either the Participant or the parent or legal guardian of the Participant, are doing so based on these Terms. The contract shall only be formed when you complete the Participant Information Form, sign the disclaimer and Hydrobumps acknowledges acceptance of the order by countersigning the disclaimer.
  • “The Classes” – The Classes are aqua natal exercise classes in which you have agreed to participate.
  • Service Delivery –
    1. Although we shall try in all good faith to meet service delivery dates for classes they are not guaranteed. Under no circumstances shall Hydrobumps be liable for any damages or losses whatsoever arising from any delay in service performance. Liability shall be limited at Hydrobumps’s sole discretion to;
      1. Delivering Hydrobumps Classes within a reasonable time;
      2. Refunding the pro-rata price based on the quantity of Hydrobumps Classes that are undelivered.
    2. Service delivery shall be made at the delivery location specified at the time of booking
  • Delivery in Instalments – if the Classes are delivered in instalments then each delivery shall constitute a separate contract. Any failure by us to deliver any one or more instalment in accordance with these Terms shall not entitle the Participant to cancel the entire contract.
  • Participant behaviour and responsibilities –
  1. It is the Participant’s responsibility to inform Hydrobumps of any changes in their condition from those given on the Information form as soon as they are aware of them in case it affects their safe participation in the Classes. The Trainer is a qualified and experienced midwife her view as to whether participation can continue without further input from the Participant’s doctor or midwife will be final.
  2. Class participants are expected to behave in a civilised manner towards the trainer, other participants and any members of the public who are using the same pool or who are in the vicinity of the pool. Participants are expected to refrain from using foul language at all times;
  • We may refuse entry or ask a Participant to leave the Class if it is felt that the Participant’s behaviour is unacceptable and such decision will be final and without refund;
  1. Class Participants must follow all pool procedures as advised to them either orally or via notices at the pool. Please adhere to all instructions given to you by either your trainer or any pool staff. Please also adhere to any instructions regarding car parking and observe all speed limits;
  2. Food and drink and smoking are strictly forbidden in the pool buildings;
  3. Participants should aim to arrive no more than 15 minutes before the Class and leave no more than 15 minutes after the Class to assist in reducing any changing room congestion.
  • Clothing –
  1. Participants must wear appropriate swimwear in the pool – maternity swimsuits or a standard swimsuit with a maternity bra underneath. All loose fitting or sharp jewellery must be removed and please either tie long hair back or wear a swim hat;
  2. Any plasters, hairclips or any other item that could fall off and damage the pool filters must be removed;
  • No outdoor footwear must be worn poolside.
  • Health and Safety – The Participant agrees to comply with all Health and Safety rules and requirements as defined by the pool management and Hydrobumps at any time during the delivery of the Classes. Specifically:
  1. All Participants must shower before getting into the pool.
  2. Participants must not wear, during the Classes, any make-up or body lotion etc as these can cause problems with water quality;
  • Participants must not enter the pool until the trainer informs that it is safe to do so and must inform the trainer if they are going to leave the pool before the end of the class even if only temporarily;
  1. Participants must not attend classes if they have any contagious skin infections such as impetigo, any open wounds, ear infections, chicken pox, conjunctivitis, flu or a bad cold. If you have been sick, then you must not attend until you have been symptom free for at least 48 hrs and in the case of diarrhoea you must not attend for at least 2 weeks after all symptoms have cleared. If in doubt, please consult your doctor.
  • Cancellation –
    1. Cancellation by Participant: The Participant will book for a course of classes which is non-cancellable other than in accordance with provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – see clause 10. If the Participant fails to attend a class, then that class will be lost without refund.
    2. Cancellation by Hydrobumps: If the due performance of the contract is subject to alteration or cancellation by Hydrobumps owing to any cause beyond their reasonable control (including but not limited to sudden illness of the usual Class trainer or close family members, injury, victim of crime) then Hydrobumps may use another trainer to hold the Classes. In the event that it proves difficult or impossible to find a suitable replacement trainer who can offer the service at short notice then Hydrobumps’s liability shall be limited to a full refund of any fees received.
  • Limitation of liability – Hydrobumps limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
    1. Any liability for any direct, indirect or consequential loss or damage incurred by the Participant in connection with use of Hydrobumps Classes. This includes, but is not limited to, liability in respect of the Participant and/or any 3rd party for loss of income or revenue, loss of profits, loss of business, loss of opportunity, any indirect, consequential or special loss or damage.

Nothing in this disclaimer will:

  1. Limit or exclude your or our liability for death or personal injury resulting from negligence;
  2. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
  • Limit any of our liabilities in any way that is not permitted under applicable law;
  1. Exclude any of our liabilities that may not be excluded under applicable law.
  • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
    1. If the Participant is a consumer and if participation in the Classes has been agreed via an organised distance selling operation, then the above Regulations may apply.
    2. Right to cancel: If these Regulations apply, the Participant has the right to cancel the order within 14 days of the confirmation of order. In order to do so the Participant must cancel the agreement in writing or by fax or email to Liverpool City Council. In the case of contracts for service Hydrobumps cannot start to supply the service until the 14 days cancellation period has expired unless the Participant requests an immediate start to the service within the 14-day cancellation period. PLEASE NOTE: In requesting an early start to the service the Participant understands that they may forfeit some or all of their rights to cancel as provided for in the Regulations and that they may be liable for some or all of the costs of service provided up to the time of cancellation.
  • The nature of Hydrobumps Classes will mean that they are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Participant is agreeing that Hydrobumps need not perform the contract within a maximum of 30 days.
  • Data Protection – We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat your personal data with respect and to keep it safe. We will only collect and use your personal data in the ways that are described in our Privacy Notice which is available on our website or upon request, and in a way that is consistent with our obligations and your rights under the law. Within the context of the arrangement between Liverpool City Council and Hydrobumps for the provision of the Classes, Hydrobumps will be a Data Controller for any Personal Data collected directly from you and will be a data processor for personal data collected from you by Liverpool City Council when you book the Classes. You should note that the processing of any Special Category Data relating to your health that is collected from you by Hydrobumps will require your explicit written consent without which we will not be able to process that data and it will be destroyed. Such consent can be withdrawn at any time and you will be advised on this at the time of giving consent.
  • Waiver – no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
  • Force Majeure – Hydrobumps shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Hydrobumps’s reasonable control
  • Severability – the provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
  • Governing Law – Any differences arising between Hydrobumps and the Participant concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
  • Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
  • Dispute Resolution – The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.

If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

  • Whole Agreement – These Terms governing any contract established with the Participant constitute the entire Agreement between Hydrobumps and the Participant and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Hydrobumps.