Terms and conditions

Specialist Swimming – Terms and Conditions
Effective Date: 01 May 2025
Business Name: Daniel Rodgers (Sole Trader), trading as Specialist Swimming
Jurisdiction: Perth, Western Australia

1. Scope of Services

These Terms and Conditions govern all services provided by Specialist Swimming, including but not limited to:

Remote video analysis and video call consultations
Online coaching programs and digital training plans
In-person coaching sessions
Physical or digital product sales

By purchasing or using any service, you agree to be bound by these Terms.

1.1. You must be at least 18 years of age or have written consent from a parent or legal guardian to use our services.

2. Liability and Risk Acknowledgment

2.1. You acknowledge that swimming and physical training involve inherent risks. You voluntarily participate in all services provided by Specialist Swimming at your own risk.

2.2. Nothing in these Terms limits or excludes liability under the Australian Consumer Law (ACL). However, to the fullest extent permitted by law, Specialist Swimming disclaims all liability for any direct, indirect, incidental, or consequential loss, injury, or damage.

2.3. You acknowledge that swimming involves inherent risks and agree to participate at your own risk. To the fullest extent permitted by law, you waive all claims against Specialist Swimming and its representatives for any injury, loss, or damage arising from participation, including those caused by negligence, except where prohibited by law.

2.4. Coaching services provided by Specialist Swimming are not accredited therapy, rehabilitation, or physiotherapy services. They are educational and performance-based in nature.

2.5. While we strive to help every swimmer improve, results vary. We do not guarantee specific outcomes or performance improvements.

3. Health and Medical Disclaimer

3.1. Specialist Swimming does not provide medical advice. You are responsible for ensuring you are in adequate physical health and have consulted with a qualified healthcare provider prior to engaging in any services.

3.2. You declare that you are physically capable of participating in swimming activities and have disclosed any relevant medical conditions. You agree to consult a qualified medical professional if uncertain.

4. Booking, Cancellation & Rescheduling

4.0. All sales are final. Refunds are only issued in exceptional circumstances or as required by Australian Consumer Law.

4.1. In-person sessions must be cancelled or rescheduled with at least 24 hours’ notice. No-shows or late cancellations will not be refunded.

4.2. If a session is cancelled by Specialist Swimming, it will be rescheduled or credited.

4.3. Clients may request to reschedule, but will be moved to the end of the queue. If rescheduled ahead of the original booking date, this rule still applies.

4.4. Refunds or credits outside these terms may be granted at our discretion but are not guaranteed.

4.5. If an included service (such as a video review or consultation call) is not used during the active payment period (e.g. within a month), it may be refunded at the proportional rate or moved as a credit to a future month. Unused credits beyond this point will expire.

5. Refunds and Expiry

5.1. 50% refund if a booked service is cancelled before work begins.

5.2. 50% refund for unused portions of a program, calculated as:
(Remaining Days ÷ 7 ÷ 4.34) × Weekly Rate ÷ 2

5.3. If a swimmer fails to upload swimming footage for an online video analysis or video review, they are entitled to:

50% refund if requested within 90 days
25% refund if requested between 90 days and 12 months

5.4. Refund exclusions:

Requests made after 12 months
Inappropriate or unusable footage
Delivery completed using the best available information (e.g., footage, form inputs, notes)
Delays due to missing uploads or non-response

5.5. It is the person who booked the service’s sole responsibility to ensure that all footage and submitted information are correct.

6. Client Responsibilities

6.1. You are solely responsible for:

Uploading footage and information by the requested deadline
Ensuring footage includes one swimmer only unless otherwise arranged
Responding to clarification requests within 14 days

6.2. If footage or details are incomplete or not uploaded, your delivery timeframe will pause until all required materials are received.

7. Delivery Timeframes

7.1. Standard delivery for video analysis is within 7 business days of receiving usable footage.

7.2. We do not guarantee uninterrupted access to digital services and are not responsible for downtime due to maintenance, platform outages, or third-party service disruptions.

7.3. Delays do not entitle a refund, but clients will be notified of significant delays.

8. File Storage and Access

8.1. Files will be delivered via Google Drive.

8.2. Folders will remain active for 30 days after delivery.

8.3. After 30 days, Specialist Swimming reserves the right to permanently delete the content.

9. Digital Products and Content

9.1. "Digital Products" include, but are not limited to:

PDFs
Technical training plans
Coaching templates
Online learning modules

9.2. These are non-refundable once accessed or delivered.

9.3. All materials remain the intellectual property of Specialist Swimming and may not be redistributed or sold.

9.4. You may not resell, sublicense, or distribute any digital content, guides, or programs provided by Specialist Swimming.

10. Media Rights & Consent

10.1. Clients may be invited to give written permission for the use of their footage, testimonials, or results in:

Marketing materials
Educational examples
Social media or promotional content

10.2. Where permission is granted, Specialist Swimming may use footage or testimonials across any marketing platform, including website, social media, and presentations.

10.3. No media will be used publicly without your explicit consent.

10.4. You may withdraw media permission at any time by contacting us in writing. Previously published content may not be removed retroactively.

11. Data Privacy and Use

11.1. Personal information is collected only for service delivery and support.

11.2. We respect your privacy and do not sell or share data with third parties.

11.3. Clients may opt-in to receive occasional marketing updates. You may unsubscribe at any time.

11.4. Your personal information is handled in accordance with our [Privacy Policy]. By using our services, you consent to this data handling.

12. Product Sales, Returns, and Liability

12.1. Physical product sales are final unless the product is defective. Returns must be requested within 14 days of delivery.

12.2. Specialist Swimming is not liable for injury or misuse of any recommended or sold product.

12.3. We are not responsible for any products or services purchased via affiliate links. Please contact the respective seller or manufacturer for product-related concerns.

13. Age Requirements & Parental Consent

13.1. Clients must be 18 years or older to book or purchase services.

13.2. If a child under 18 is to be coached or appears in submitted footage, the booking party must be the legal guardian. By proceeding, the parent/guardian:

Confirms legal authority to consent on the child’s behalf
Agrees to these Terms on the child’s behalf
Waives any legal claims the child may otherwise have against Specialist Swimming

14. Governing Law, Dispute Resolution & Severability

14.1. These Terms are governed by the laws of Western Australia.

14.2. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

14.3. If any provision of these Terms is held to be invalid, the remainder shall remain in effect.

15. Agreement Acknowledgement and Updates

15.1. By using our services, you acknowledge and agree to these Terms.

15.2. We may update these Terms & Conditions from time to time. Continued use of our services indicates acceptance of any updated terms.

Version: 1.1 – Last Updated: May 2025