Swim Max Terms & Conditions

General Rules & Conduct
Parents or guardians are responsible for their child at all times while attending Swim Max lessons and facilities.
All attendees must conduct themselves in a manner that promotes the safety, wellbeing, and comfort of swimmers, families, and staff.
Swim Max may require any guardian or swimmer to leave the premises where behaviour is reasonably considered unsafe, abusive, threatening, or materially disruptive to the safe and effective operation of lessons.
Where removal is necessary for safety or operational reasons, no refund or credit will be issued, except where Swim Max is legally required to do so.
All reasonable staff instructions must be followed promptly. Failure to comply with reasonable instructions may result in removal from the premises without refund (except where Swim Max is legally required to do so).
Children must wear a Swim Max or Diana’s Swim Academy swim cap during sessions.
A parent or guardian must remain on the premises for the duration of each session.
Only one adult per family may enter the changing rooms at any time.
Attendance is limited to one guardian per child unless otherwise agreed in advance.
Reasonable accommodations will be provided where required by law.
Photography and video recording are not permitted within Swim Max facilities except where expressly authorised by Swim Max in advance.
Where authorised photography is organised, prior notice and opt-out options will be provided.
All waste, including nappies and wipes, must be disposed of in the bins provided.
For formal investigation and response, complaints must be submitted in writing to swim@swimmax.ie

Cooling-Off Period Exemption
Under Article 16(m) of the EU Consumer Rights Directive and applicable Irish consumer law, the 14-day cooling-off period does not apply to leisure services where the contract provides for a specific date or period of performance. Swimming lessons booked with Swim Max are time-specific leisure services.
Accordingly, once a booking for a specified class, course, or session is confirmed, no statutory 14-day cancellation right applies.
No refund is due following confirmation of such a booking, except where Swim Max is legally required to provide one. Nothing in these Terms limits or affects your statutory rights under Irish consumer law.

Booking & Payment 
All bookings are subject to Swim Max’s Terms & Conditions, which must be accepted at the time of booking.
A booking is confirmed once full payment has been received and the required booking information has been submitted.
All bookings relate to a specific class, course, or session on a specified date and time.

Bookings are conditional upon sufficient enrolment.
Swim Max may cancel, merge, relocate, or restructure classes where reasonably necessary to ensure viable operation. Where changes are required, a comparable service will be offered where reasonably possible.

In limited operational circumstances, Swim Max may adjust scheduled class times.
Minor adjustments, typically not exceeding 30 minutes, may occur where necessary and will not normally constitute a material change to the service.
Once confirmed, a booking secures a place for the specified class or course and may not be transferred or reassigned without Swim Max’s prior agreement.
Cooling-off rights and cancellation terms are governed by the relevant sections of these Terms & Conditions. 


Last-Minute Bookings
Bookings made within 24 hours of a scheduled lesson are subject to final availability confirmation.
If Swim Max is unable to proceed with the original booking and offers a comparable alternative in accordance with these Terms, no refund will be due where the alternative is declined, except where Swim Max is legally required to provide one. 

EVENTS BEYOND OUR CONTROL
Swim Max shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control. This includes, but is not limited to, venue closures, pool maintenance issues, utility failures, public health restrictions, instructor illness, adverse weather conditions, industrial action, or other unforeseen events.

Where reasonably possible, Swim Max will offer a Comparable Service, reschedule affected sessions, or extend the course. Refunds will not automatically apply in such circumstances, except where Swim Max is legally required to provide one.

Definitions
Comparable Service means a class or session of the same type, level, duration, and structure, which may be provided at an alternative time, day, venue, or with a different instructor. 

CUSTOMER CANCELLATIONS – (Group & Private Lessons)

Private Lesson Cancellations:
Private lessons are subject to a 48-hour cancellation requirement.
Cancellations made less than 48 hours before the scheduled start time are not eligible for refund or credit.
Cancellations made more than 48 hours in advance may be rescheduled once at no additional charge.
Further rescheduling requests may be subject to a €10 administration fee per change.
All cancellation or rescheduling requests must be submitted in writing to swim@swimmax.ie.
The timestamp of the email will determine eligibility.
Requests made by phone, text message, or social media will not constitute valid notice. 

If Swim Max Cancels a Private Lesson or One-Off Booking
If Swim Max cancels a private lesson or other one-off booking for operational reasons reasonably beyond its control, a comparable alternative appointment will be offered where reasonably possible.
If no comparable alternative can be provided within a reasonable timeframe, a refund will be issued to the original payment method.
If a comparable alternative is offered and declined, the booking value will remain available as credit for rebooking, except where Swim Max is legally required to provide a refund.
No administration fee applies where Swim Max cancels a booking.

GROUP LESSON CANCELLATIONS

Fixed-Term Commitment
Group lessons are booked as fixed-term courses.
By securing a place, you commit to the full duration of the course.
Customer cancellations, whether before or during the course, are not eligible for refund or credit, including where a place is subsequently filled.
Missed classes are not eligible for refund or credit, except where a valid make-up token applies in accordance with the Make-Up Token Policy.
Personal circumstances preventing attendance do not create entitlement to refund or credit beyond the terms of the Make-Up Token Policy.

Minimum Enrolment and Continuation
Group lessons are priced on the basis of a minimum of three enrolled participants.

Where enrolment falls below three participants during a term, Swim Max may, where reasonably necessary:
offer transfer to a comparable group class at the original group rate;
or offer continuation of the remaining sessions as a private or semi-private lesson, with the remaining group credit applied toward the applicable private rate.

Where enrolment falls to one participant, Swim Max may offer continuation at the applicable private lesson rate or transfer to a comparable group class where available.
If the applicable private rate exceeds the value of the remaining group credit, the customer may choose whether to pay the difference or transfer to a comparable class.
If both transfer and private continuation options are declined, Swim Max may, at its reasonable discretion, offer a partial credit for the unused portion of the course.

Operational Adjustments
Swim Max may merge, restructure, or adjust group classes where reasonably necessary to ensure viable operation. Where adjustments are required, a comparable service will be offered where reasonably possible.
Where a comparable service is offered and declined, no refund or credit will be due, except where Swim Max is legally required to provide one.

If Swim Max Cancels a Class (Within a Group Course)
If Swim Max cancels an individual class within a scheduled course due to operational reasons, including but not limited to instructor illness, pool maintenance, or venue unavailability, reasonable efforts will be made to offer a comparable alternative within the same term. 
If a comparable alternative cannot be provided, a make-up token will be issued in accordance with the Make-Up Token Policy.
For an individual cancelled class, the issue of a make-up token constitutes Swim Max’s remedy, except where Swim Max is legally required to provide an alternative remedy.

Make-Up Tokens – General Conditions
Make-up tokens: 
are non-transferable and non-refundable;
cannot be used as credit toward future payments or outstanding balances;
are ordinarily intended for use within the same term in which they are issued;
may be extended where reasonably necessary to provide a fair opportunity for use; and
are subject to the terms of the Swim Max Make-Up Token Policy. 

If Swim Max Cancels a Course: 
If Swim Max cancels an entire course before it begins and a Comparable Service cannot be provided within a reasonable timeframe, customers will be offered a credit. A refund will be available upon request.
If Swim Max cancels a course after it has commenced and a Comparable Service cannot be provided, a credit will be issued for the unused portion of the course.
If a Comparable Service is offered and declined due to personal preference or scheduling limitations, no refund or credit will be due for the cancelled portion, except where Swim Max is legally required to provide one.
Nothing in this section affects your statutory rights under Irish consumer law.

Venue-Specific Clarifications: 
These Terms apply to all Swim Max venues, including single-day or limited-schedule venues. 
Swim Max does not guarantee relocation to alternative regions or counties. 
Sessions scheduled in Limerick may be relocated within a 20km radius where reasonably necessary for operational reasons. Where relocation occurs, a Comparable Service will be offered. 
If a Comparable Service is offered and declined, no refund or credit will be due, except where Swim Max is legally required to provide one. 
If a selected class choice is unavailable at the time of booking, Swim Max will contact you to arrange an alternative. 
All cancellation or rescheduling requests must be submitted in writing to swim@swimmax.ie.
The timestamp of the email will determine eligibility.
Instructor preference is not guaranteed.
Swim Max may adjust class sizes where reasonably necessary to ensure safe and viable operation. 

Refund Policy 
Refund entitlement is determined by the cancellation and course provisions set out in these Terms.
Except where Swim Max is legally required to provide a refund, bookings for group and private lessons are not eligible for refund once confirmed.
Where Swim Max cancels an entire course and a Comparable Service cannot be provided within a reasonable timeframe, customers will be offered a credit. Customers may be entitled to a refund where required by applicable law. 
Where a refund is issued following a customer-initiated cancellation granted at Swim Max’s discretion, a €50 administration fee per child may apply.
This fee reflects reasonable administrative costs associated with processing the cancellation and refund.
No administration fee applies where Swim Max cancels a booking.
Where permitted by law, Swim Max may deduct any unrecoverable third-party payment processing fees incurred directly as a result of the original transaction.
Such fees are charged by external payment providers and are not administration fees.
Nothing in this policy affects your statutory rights under Irish consumer law. .

Payment Transparency
Administration fees, failed payment charges, and other applicable fees are applied only where provided for in these Terms.
Such fees reflect reasonable administrative or third-party costs incurred by Swim Max and are not intended to operate as penalties.
All applicable fees are disclosed in advance and are applied in a proportionate and transparent manner. 
Nothing in this section affects your statutory rights under Irish consumer law. 


Gift Cards / Vouchers
Gift cards and vouchers are valid for five years from the date of issue in accordance with applicable Irish law.
Gift cards are non-refundable and not redeemable for cash, except where required by law. 
Balances remain valid until expiry and may be used across multiple bookings until fully redeemed. 
Gift cards are transferable. Redemption is valid to the person who presents the valid gift card or voucher code.
Swim Max is not responsible for lost or stolen gift cards where proof of purchase or ownership cannot be provided.
No administration or inactivity fees apply.
Nothing in this section affects your statutory rights under Irish consumer law. 


Data Protection and Photography
Swim Max processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR). Further details regarding how personal data is collected, used, and protected are set out in our Privacy Policy.
Swim Max does not retain or process payment card details directly. Payment card data is processed securely by authorised third-party payment providers.
Personal data will not be shared with third parties except where required by law or where necessary for the provision of services, such as payment processing or booking systems.
Marketing photography or video recording will only take place where explicit, written opt-in consent has been provided separately from booking acceptance. Consent is voluntary and may be withdrawn at any time. Withdrawal will apply to future use of the relevant content.
Withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal. Materials created or published while valid consent was in place will not be withdrawn or edited retrospectively where lawful at the time of use.
Images or recordings obtained with valid consent may continue to be used for internal staff training purposes.
By enrolling, you consent to essential service-related communications relating to bookings, scheduling, safety, and administration. You may opt out of non-essential marketing communications at any time.
Nothing in this section limits your rights under applicable data protection law. 

Class Footage 
Swim Max does not routinely provide or release video footage or recordings of swim lessons to parents, guardians, or other customers. 
Classes typically include multiple children and adults. For privacy, safeguarding, and data protection reasons, class recordings are not disclosed to individual customers as a matter of policy. 
Footage may be used for internal training or marketing purposes only where explicit, written consent has been obtained in advance.
Nothing in this section prevents disclosure where required by law, court order, or applicable data protection legislation. 
Live viewing of lessons may be permitted from a designated viewing area. This is the only form of routine access available. 

CCTV
Swim Max operates CCTV systems at its Swim Max venue for safety, security, and safeguarding purposes.
CCTV footage is processed in accordance with applicable data protection legislation and Swim Max’s Privacy Policy.
CCTV footage is retained for up to 30 days, unless required for investigation, legal proceedings, or safeguarding purposes, in which case it may be retained for longer where necessary and lawful.
CCTV footage may be disclosed to law enforcement or other competent authorities where required by law.
Data subjects may exercise their rights of access in accordance with applicable data protection legislation. Any disclosure will be subject to lawful limitations, including the protection of third-party privacy.

Venue-Specific Hygiene
At Avista, flip-flops or clean indoor footwear not worn outdoors must be worn within the pool and changing areas.
Shoe covers are not provided at this venue.

At all other venues, shoe covers are provided and must be worn within pool and changing areas.
Outdoor footwear is not permitted within pool or changing areas.

Where appropriate footwear is not available, access to the pool area may be restricted in order to maintain hygiene standards.
All swimmers must shower for a minimum of two minutes before entering the pool.
Showering removes perspiration, cosmetics, and skin products that affect water quality and swimmer safety.
If a swimmer has not showered prior to entering the pool area, they may be asked to return and do so.
Failure to comply with reasonable hygiene requirements may result in refusal of participation without refund, except where Swim Max is legally required to provide one.

Health & Safety
Children must be supervised at all times by their parent or guardian while attending Swim Max facilities.
Babies and toddlers must wear appropriate swim nappies with secure swimwear over them unless fully toilet trained. 
Parents or guardians must inform instructors in advance of any relevant medical conditions, injuries, or health concerns that may affect participation. 
Swim Max may refuse participation where a child is reasonably considered unwell or unfit to swim for health or safety reasons.
In such circumstances, no refund or credit will be due, except where Swim Max is legally required to provide one.
Non-participating children must remain within the designated viewing area and are not permitted in poolside or changing areas for safety and safeguarding reasons. 
Parents or guardians confirm that the participant is medically fit to take part in swimming lessons. It is the responsibility of the parent or guardian to inform Swim Max in advance of any medical condition, injury, allergy, additional need, or other circumstance that may affect safe participation.

Pool Environment 
Swim Max pool and viewing areas are maintained at a consistent warm temperature throughout the year to support swimmer safety and comfort, particularly for children and babies. 
Due to the stable indoor temperature, the environment may feel warmer during summer months relative to outside conditions. 
Parents and guardians are encouraged to dress appropriately for a warm indoor environment. 
Temperature and humidity levels maintained within normal operational parameters do not constitute a defect in service and are not grounds for refund or credit, except where Swim Max is legally required to provide one.

Swim Max Changing Room Policy
Swim Max is committed to maintaining a safe, respectful, and inclusive environment within all changing facilities.

Pool-Ready Arrival:
Swimmers are encouraged to arrive pool-ready, with swimwear already worn beneath outer clothing where practical, to reduce congestion in changing areas.
All swimmers must shower for a minimum of two minutes before entering the pool area. 

After Your Session
Post-swim showering is optional. Where showers are used, swimwear must remain worn and changing should be conducted discreetly and respectfully.
Changing rooms are intended for brief use associated with swimming sessions. 

Parental Assistance
During children’s sessions, changing rooms are used primarily for children.
Assisting adults may enter solely to supervise and assist their child. 
An assisting adult must use the changing room corresponding to their own gender. 
Where additional privacy or accommodation is required, customers should contact Swim Max in advance.
Reasonable accommodations will be considered in accordance with safeguarding and equality obligations. 

One Parent per Child
For safety, privacy, and space management reasons, only one parent or guardian per child may enter the changing room at any time unless otherwise authorised.
Additional family members must remain in the designated viewing area. 

Respectful Conduct
Changing areas must be used respectfully and promptly, with due regard to the privacy of others.
Photography and video recording are strictly prohibited in all changing facilities. 
Failure to comply with changing room policies may result in restricted access to facilities without refund, except where Swim Max is legally required to provide one.

Cleanliness Policy
Swim Max maintains all facilities to a high standard of cleanliness and hygiene. Customers are required to use the premises in a manner that supports these standards.

General Cleanliness Guidelines (All Venues)
All waste, including nappies, wipes, tissues, and general rubbish, must be disposed of in the bins provided.
Changing cubicles, benches, and shared areas must be left in a reasonably clean and orderly condition after use.
Glass containers and other breakable items are not permitted within Swim Max facilities due to safety risk.
Spillages or hazards must be reported to a staff member immediately. 
Failure to comply with cleanliness and safety requirements may result in restricted access to facilities or removal from the premises without refund, except where Swim Max is legally required to provide one. 

Avista-Specific Cleanliness Notice: Strict No Food Policy
Food and drink are not permitted within the Avista venue, including viewing areas and poolside areas.
This restriction is imposed by the venue operator for hygiene and allergy management reasons and applies to all Swim Max customers attending that location.
Customers must comply with all venue-specific rules and conditions.
Failure to comply with the venue’s no food policy may result in removal from the premises without refund, except where Swim Max is legally required to provide one.
Repeated non-compliance may result in suspension or cancellation of bookings. 
 

Buggy & Large Equipment Policy
For safety, space management, and hygiene reasons, buggies, prams, and large wheeled items are not permitted beyond the designated reception or buggy area at Swim Max venues. 
Customers must leave such items in the designated area where provided.
This restriction is necessary due to narrow access routes, emergency evacuation requirements, and shared facility usage. 
Swim Max staff are not responsible for storing, supervising, or handling buggies or personal equipment. 
Customers who require additional assistance managing children or belongings should make appropriate arrangements in advance. 
Reasonable accommodations will be considered where required by law.
Failure to comply with access and safety requirements may result in restricted access to facilities without refund, except where Swim Max is legally required to provide one. 
 

Personal Property Policy
Customers bring personal belongings onto Swim Max premises at their own risk.
Swim Max does not accept liability for loss, theft, or damage to personal property unless caused by the proven negligence of Swim Max. 
Customers are advised to keep valuables with them at all times. 
Items left in changing rooms, poolside areas, viewing areas, reception areas, or buggy zones remain the responsibility of the owner. 
Swim Max staff are not authorised to take custody of or safeguard personal belongings.
Lost property will be retained for up to 14 days.
Unclaimed items may be disposed of, donated, or otherwise handled at Swim Max’s discretion. 
Nothing in this section limits or excludes liability where such limitation is prohibited by law. 


LIMITATION OF LIABILITY
Except in cases of death or personal injury caused by negligence, Swim Max’s total liability arising out of or in connection with any booking, lesson, course, or service shall be limited to the total amount paid for the relevant term or service.
Nothing in these Terms & Conditions limits or excludes any liability which cannot lawfully be limited or excluded under Irish law.

Recommend a Friend
Swim Max operates a referral programme under which an actively enrolled customer may receive €10 credit for each new customer they refer, subject to the conditions below. 
There is no limit to the number of referral credits a customer may earn, provided each referral satisfies the programme criteria. 
A referral will qualify only where:

• the referred individual is a new customer to Swim Max;
• the referred individual completes a booking and makes full payment; and
• the referral is clearly identifiable to Swim Max at the time of booking.

For the purposes of this programme, a “new customer” is an individual who has not previously booked or attended Swim Max lessons.
Referral credit is applied only after the referred booking has been completed and paid in full.
Credit is non-transferable, not redeemable for cash, and may only be used against future Swim Max bookings.
Swim Max reserves the right to amend, suspend, or withdraw the referral programme at any time. Any credit already validly earned prior to such change will be honoured.
Swim Max may refuse, reverse, or withhold referral credit where abuse, self-referral, or manipulation of the programme is reasonably suspected. 


Make-Up Tokens
Make-up tokens are a limited, discretionary accommodation and do not form part of the core contractual entitlement to attend scheduled classes.
Unless expressly advertised for a specific term, make-up tokens are not automatically available.


Circumstances in Which a Make-Up Token May Apply
1.Where Swim Max Cancels a Class
Where Swim Max cancels an individual class within a course, a make-up token will be issued as the remedy for that class.

If a comparable class of the same level and structure is available during the same term, customers may attempt to book that class using the token, subject to availability.

If no comparable class is available, or available times are unsuitable to the customer’s personal schedule, the token will expire unused. No refund, transfer, or carry-forward will apply unless Swim Max is legally required to provide one.

2. Promotional or Early Booking Offers
Make-up tokens may form part of a specific advertised promotion. Where included in such an offer, eligibility will be governed strictly by the terms of that promotion.

No entitlement arises outside the scope of the advertised offer.

3. Certified Illness
A make-up token may be issued where: 
• a dated medical certificate is provided; and
• the certificate confirms that the child was medically unfit to swim on the specific date of the missed lesson.

General, retrospective, or undated certificates will not qualify.

Illness-related swaps do not generate additional or replacement tokens.

General Conditions
Make-up tokens: 
• apply only within the term in which they are issued;
• cannot be transferred, exchanged, refunded, or redeemed for cash;
• do not guarantee availability in any specific class;
• may only be used for classes appropriate to the swimmer’s enrolled level and age group;
• cannot be applied to private lessons or alternative programmes unless expressly permitted.

Where no suitable class is available during the same term, the token will expire.
Swim Max may refuse or limit the issue of tokens where the eligibility criteria above are not met.
Nothing in this section limits statutory consumer rights.

Payment Plans
By entering a payment plan, you agree to pay the full term fee in accordance with the agreed instalment schedule.
Payment plans operate on fixed dates and fixed amounts determined by Swim Max and apply uniformly to all customers. Individual or customised payment arrangements are not offered.
Failure to make a scheduled payment may result in suspension or cancellation of the booking.
In such circumstances, previously paid amounts will not be refunded, except where Swim Max is legally required to provide one.
Withdrawal from a course after a payment plan has commenced does not release the customer from liability for the full term fee.
In exceptional circumstances, such as certified serious illness or hospitalisation, Swim Max may, at its reasonable discretion, consider a partial refund subject to a €50 administration fee per child.
Any such consideration does not create a general entitlement to refund.
Requests to amend or cancel a payment plan must be submitted in writing to swim@swimmax.ie.
Administrative charges may apply where changes are permitted.
Nothing in this section affects statutory rights under Irish consumer law. 


Recurring Payments
By enabling recurring payments, you authorise Swim Max to charge your nominated payment method in accordance with the agreed billing schedule for the applicable course or service.
Recurring payment authority may be cancelled in writing prior to the next scheduled billing date.
Cancellation of recurring payment authority does not cancel the underlying booking or release the customer from liability for any outstanding fees due under the applicable course or payment plan.
All refunds remain subject to the Refund Policy and relevant cancellation provisions contained in these Terms.
Where a scheduled payment fails or is returned unpaid, Swim Max may apply a €10 failed payment charge to cover administrative and processing costs.
This charge reflects reasonable costs incurred and is not a penalty.
Swim Max reserves the right to suspend or cancel bookings where payment obligations are not met, except where prohibited by law. 
Nothing in this section affects statutory rights under Irish consumer law.

Right to Refuse Admission
Swim Max reserves the right to refuse or withdraw admission to any class or venue where it is reasonably necessary to protect the safety, welfare, or orderly operation of lessons. 
Swim Max does not tolerate violent, abusive, aggressive, threatening, or seriously disruptive behaviour toward staff, venue personnel, or other customers, whether in person or through any form of communication.
Where behaviour is reasonably considered to pose a risk to safety, wellbeing, or the proper delivery of services, Swim Max may:
• refuse entry;
• require a person to leave the premises;
• suspend or cancel bookings.

In such circumstances, no refund or credit will be provided, except where Swim Max is legally required to do so.
Nothing in this section permits discrimination on any ground protected by law, and Swim Max will act in accordance with its obligations under applicable equality legislation.

Where behaviour is reasonably considered to be violent, abusive, threatening, discriminatory, or seriously disruptive to the safety or operation of Swim Max services, Swim Max may take proportionate action, including: 

• requiring immediate removal from the premises;
• suspension or termination of bookings without refund, except where Swim Max is legally required to provide one;
• restricting or permanently refusing future access to Swim Max services where behaviour is serious or repeated.

Any action taken will be proportionate to the circumstances and consistent with Swim Max’s safeguarding, safety, and equality obligations.

GOVERNING LAW
These Terms & Conditions are governed by the laws of Ireland. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.


Terms & Conditions Updates: 
The Terms and Conditions in force at the time of booking apply to that booking.
All bookings require explicit agreement to the applicable Terms and Conditions during the booking process.
Swim Max may update these Terms from time to time.
Updated Terms will apply to future bookings only and will not apply retrospectively to bookings already confirmed.
The current version of the Terms and Conditions will be published on the Swim Max website.
Nothing in this section affects statutory rights under Irish consumer law.

Version Control
These Terms & Conditions were last updated on Jan 1st 2026.
The version published on the Swim Max website at the time of booking is the version that applies to that booking.


SEVERABILITY
If any provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.