Full conditions of hire

The Hirer on agreeing to this statement confirms, both (i) to have first fully read and understood these Conditions of Private Hire including the Emergency Action Plan and Pool Rules; and (ii) to be responsible for ensuring all Users that attend the Facilities are made aware of them, and abide to the Pool Rules at all times.

DEFINITIONS:

The following defined words and expressions shall have the following meaning and apply herein.

Paddlefish Pools: Paddlefish Pools Ltd (number: 12313619), an incorporated private limited company, and registered address at 8 Chestnut Close, Ripley, Woking, Surrey, GU23 6LJ. The company giving use of the Facilities for Private Hire by this Agreement.

Facilities: The Endless pool and all associated facilities situated in and around the timber framed pool house on the premises at 8 Chestnut Close, Ripley, Surrey, GU23 6LJ.

Manager: The personal representative of Paddlefish Pools responsible for the usual daily operation of the Facilities.

Telephone: 07702 814690

Email: emma@paddlefish-panda.com

Hirer: The Hirer of the Facilities, who must be aged 18 years or above, and whom is recognised as the responsible person that must provide all of their contact details. The Hires agrees to fully abide by: each and all of the Conditions of this Agreement; and to ensure all use the Facilities is in accordance with the Pool Rules. The Hirer, who acknowledges, to be expressly responsible for conduct of all Users attending the Facilities during a Session.

User/ Users: Any person(s) attending the Facilities as the Hirer and or member of the Hirer’s party, whether to enter the water of the swimming pool and or to supervise from the pool side or otherwise. All Users when attending the Facilities must abide to these Conditions and the Pool Rules without exception.

Session: The prescribed period of time for Private Hire of the Facilities under this Agreement, whether such term is defined to be periodical, regular, or solely for one occasion.

Pool Rules: The specific rules for using the swimming pool, as enclosed, and that forms part of this Agreement. The Hirer agrees to adhere to all the rules, which may be updated from time to time. The rules become effective when agreeing to this Agreement, and remain in force at the time of the booked Session unless or until the Hirer is provided with any revisions in writing before the Session. Users are to ensure they have reviewed the specific rules effective for each Session for the safety of themselves and others.

1. PERIOD OF HIRE

1.1 – Sessions must be booked in advance by Users. Paddlefish Pools prohibit anyone entering the Facilities unless attending a confirmed Session during which the Hirer is responsible for all persons.

1.2 – Vacancies for Sessions that can be reserved are available via our webpage (https://www.paddlefish-pools.com/booking-system) . The content is automatically updated when bookings are made or cancelled.

1.3 – Each Session is for a set period of time as specified when booking. Additional time is permitted before and after for changing.

1.4 – These conditions apply to all types of ‘Hirer’ (and User(s)) whether periodical, regular, and singular or otherwise identified, who private hire a Session for use of the Facilities.

1.5 – A Hirer using the Facilities on more than one occasion, and who already entered into Agreement and has accepted these Conditions remains bound by all of its terms for subsequent hire of Sessions unless and relevant notice in writing is given between parties to the contrary, whether in respect of amendment, cancellation, or termination.

1.6 – Paddlefish Pools may, if necessary, refuse admission to the Hirer or Users without giving reasons and/ or may require any persons to leave the Facilities during a Session.

2. FEE AND PAYMENT

2.1 – The Hirer is liable and responsible for payment of all fees.

2.2 – The Fee for each Session shall be applied in accordance with the advertised sum at the time of booking for a specific Session or otherwise agreed for reservations that are more frequent and periodical.

2.3 - Payments for all sessions must be made in advance.

2.4 – The fee charged is for private hire of the Facilities and not charged on a per person basis, when in accordance with the permitted numbers for use as per clause 3 below.

3. PERMITTED USE:

3.1 – The use of the Facilities is dependent upon the Hirer and the Users observing and abiding fully with the Pool Rules.

3.2 – There should only be one swimmer in the water at any time.

3.3 – Where the pool is hired for the teaching / coaching of children, the hirer should ensure that there are appropriate adults present and anyone who has one to one interaction with swimmers should have DBS checks in place.

3.4 – Where the pool is hired for private swimming, the hirer acknowledges that no lifeguard provision in in place and that they swim at their own risk. The manager may or may not be present for some / all of the period of hire.

3.5 – The Hirer expressly agrees to be solely responsible for the health and safety of themselves and Users during all times when attending and using the Facilities, whether during the Session or otherwise.

3.6 – The Hirer, and / or person(s) supervising, must have access and be able to readily use a mobile telephone at all times in case of an emergency. The Hirer is responsible for checking such device is fully charged and in good working order at the commencement of a Session.

3.7 – Any damage or hazards caused or identified by the Hirer/ User to be notified to the Manager without delay

4. SUPERVISING RATIO:

4.1 -The Supervision Ratio as specified in this part always applies and is a requirement for Permitted Use of the Facilities, which the Hirer is responsible.

4.2 – For the purpose of the Supervising Ratio, a person must be aged 18 years or above and also be a suitably capable swimmer to be defined as a ‘Supervisor’.

4.3 – No User under the age of 8 years is allowed in the swimming pool and surrounding area without a Supervisor. The Supervisor must accompany children under such age at all times whether within the water of the swimming pool, surrounding and changing area, or otherwise. Those under the age of 8 must not be left unattended by a Supervisor for any period of time or under any circumstances.

5. RESPONSIBILITIES OF THE HIRER

It is the responsibility of the Hirer to ensure that they and any Users of the Pool:

5.1 – Abide at all times by the Pool Rules

5.2 – Act in accordance with all of these Conditions.

5.3 – Ensure they / the supervisor have access to mobile telephone that is charged and in good working order for the duration of a Session should it be required in the event of an Emergency,

5.4 – The Hirer agrees to familiarise themselves with the emergency procedures for first aid, fire, and accident reporting, which are set out in detail within the Pool Safety Management Policy document on site. All accidents must be recorded in the Accident Book and reported to the Manager on behalf, by phone or email, as soon as possible and before departing the Facilities.

5.5 – Take all necessary and reasonable steps to assess risks in connection with all Users attending a Session for which the Hirer is responsible including, but not limited to, health, medications, swimming competency, and alike.

5.6 – Ensure that the Hirer and Users do not wear outdoor footwear inside the Facilities.

5.7 – Notify the Manager immediately of any fault or damage to the Facilities whenever identified and however cause.

5.8 – Ensure that, if necessary, the Hirer and its Users have adequate personal accident insurance.

6. RESPONSIBILITIES OF PADDLEFISH POOLS

It is the responsibility of Paddlefish Pools to ensure that the:

6.1 – Hirer, and any User(s) attending under their control and responsibility, have exclusive use of the Facilities during the booked Session. This is subject to Paddlefish Pools employees, Manager or authorised third party representatives on its behalf accessing the Facilities, without notice, in respect of inspections, maintenance, cleaning or other reasonable reason for the ongoing operation of the Facilities.

6.2 – To provide access to the Hirer to ensure no delay is caused on arrival to the Facilities to the extent it adversely effects the time of the Session.

6.3 – Ensure changing facilities are available for use by the Hirer and its Users;

6.4 – Ensure that the pool is fit for use during the Session.

7. CANCELLATION OF THE SESSION

7.1 – The Hirer is able to cancel a Session without any charge being applied if, and only if, advance notice is provided by at least a minimum of 72 hours before the relevant Session. If notice for a Session to be cancelled is provided within a short period then the Hirer is liable for payment of agreed price for that Session at the discretion of Paddlefish Pools.

7.2 – Paddlefish Pools may cancel the Session, where the Facilities cannot be used for reasons beyond the reasonable control of Paddlefish Pools, such as emergency maintenance, breakdown of equipment or water shortage and the like. In those circumstances, the Hirer shall receive a full credit in respect of the cancelled Session, which shall be applied against the Hirer’s next unpaid Session.

8. LIABILITY

8.1 – Paddlefish Pools does not accept liability for any loss or damage suffered by the Hirer or Users arising out of any breach by the Hirer or its Users. This does not exclude Paddlefish Pools' statutory liability for any loss or damage arising out of any negligence identified on its part.

8.2 – The Hirer is responsible for all costs incurred by the owner through misuse of the pool or failure to adhere to the Pool Rules or any of the terms of these conditions and agreement.

9. TERMINATION

9.1 – Either party may terminate this agreement by giving the other notice in accordance with the rights to cancellation of a Session as above.

9.2 – Any notice served under this clause should be in writing by email using the contact details for each party specified on the booking form or otherwise last known and used between them.

9.3 – Paddlefish Pools reserves the right to terminate this agreement with immediate effect (including if necessary, part way through a Session) where the Hirer or any of its Users fail to comply with these Conditions or the Pool Rules.

9.4 – In such circumstances, the Hirer agrees:

(a) If agreement is terminated part way through a Session, they forfeit the Fee in respect of that Session in its entirety;

and

(b) Paddlefish Pools has sole discretion in deciding whether the particular Hirer and/ or User is further entitled to attend the Facilities at any point of time in the future, under any circumstances, whether in the capacity of Hirer or User.

10. CHANGE OF RULES

10.1 – Paddlefish Pools reserves the right to change the Pool Rules at its discretion, in which case it shall send a copy of the new rules to the Hirer using their email address used at booking. In such circumstance, the Pool Rules forming part of this Agreement become effective from the date on which they are deemed to have been served, which is agreed to be from the date and time of sending by email.

11. DECLARATION:

11.1 – I have read and understood all of the above Conditions of use, and acknowledge my agreement herein is in the capacity of Hirer and the respective requirements. I have also received and read a copy of the Pool Rules that are enclosed and form part of this agreement. I hereby agree to be bound by this agreement and to abide with the Pool Rules.

EMERGENCY ACTION PLAN

1. Lack Of Water Clarity:

If the clarity of the water deteriorates during a Session all Users must leave the pool immediately and call the Pool Manager.

If the clarity of the water is poor on entering the building, User should not enter the pool but call the Pool Manager.

The Pool Manager will:

• Close the pool for as long as necessary until normal conditions are restored

• Call the Pool Engineer

• Conduct a water test

• Check that the plant room equipment is operating correctly

2. Faecal or Vomit Contamination:

User must leave the pool immediately; shower thoroughly; and contact the Pool Manager, who will:

• Close the pool until for as long as necessary until normal conditions are restored

• Call the Pool Engineer

• Arrange for the contaminant to be removed

• Conduct a water test

3. Diarrhoea Contamination:

User must leave the pool immediately; shower thoroughly; and contact the Pool Manager, who will:

• Close the pool for as long as necessary until normal conditions are restored

• Call the Pool Engineer

• Arrange for as much as possible of the contaminant to be removed

• Maintain chemical levels at top of range

• Add coagulant filter for three turnover cycles

• Backwash as recommended for filter

4. Outbreak Of Fire:

Anyone discovering a fire in the pool complex must:

• Raise the alarm verbally

• Make sure that everyone leaves the building and goes to the assembly point - to the front of the house in Chestnut Close

• Call the Fire and Rescue Service

• Call the Pool Manager

• Not re-enter the building until told that it is safe to do so

5. Lighting Failure:

In the event of mains failure Users must leave the Facilities.

The Hirer must call the Pool Manager, who will close the pool for as long as necessary until normal conditions are restored.

6. Structural Failure:

If any signs of main structural failure appear, everyone must exit the building immediately and contact the Pool Manager, who will close the pool for as long as necessary until normal conditions are restored.

7. Emission of Toxic Gases:

If there is a release of toxic gases, Users must:

• Leave the pool immediately and go to the assembly point at the front of the house in Chestnut Close.

• Call the emergency services

• Call the Pool Manager

• Not re-enter the building until told that it is safe to do so

8. Chemical Incidents:

If spillage or leakage of pool chemicals is discovered by the cleaners or by a hirer group, everyone must leave the pool house and/or plant room immediately and call the Pool Manager, who will:

• Close the pool for as long as necessary until normal conditions are restored

• Call the Pool Engineer

• Switch off chemical supplies if safe to do so

9. Accidents, incidents and injuries:

Should any Hirer, User or other person be involved with or otherwise aware of any incident or accident, whether any injury is caused or not, then they must record the matter in the accident book before leaving the Facilities.

The Hirer, User or other person must as soon as possible also notify the Manager by email or phone informing them of the matter and confirming if a record is made in the accident book on site.

If any person suffers, or is suspected to be encountering difficulties, whilst using the swimming pool (or Facilities) the other User(s) must summon the emergency services and notify the Manager, who will make arrangements necessary for cancelling subsequent Sessions.

Users should act in accordance with instructions provided by the emergency services.

If the injured swimmer is suspected of having sustained a spinal injury, they should be stabilised in the water or at the poolside and no attempt should be made to move them prior to the arrival of the emergency services.

All Users must exit the pool without delay in a safe and suitable manner.

10. Reporting:

Users must abide with the requirements set our above in respect of recording all incidents and occurrences in the ‘accident book’ before leaving the Facilities, which must be carried out whether or not any person has suffered injury or was exposed to such risk of doing so.

The Accident Book is located in the Pool House. Please contact the Manager for access.

In addition, notification must promptly be given to Paddlefish Pools via the Manager, by phone or email:

Telephone: 07702 814690

Email: emma@paddlefish-pools.com

Paddlefish Pools, having overall control of the Facilities, is required to comply with its obligations pursuant to the provisions of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (“RIDDOR”).

RIDDOR imposes legal duties, including a requirement to formally submit a written report to the relevant authority where specific incidents occur, which include particular types of accidents, occupational diseases and specified dangerous occurrences (near misses). The legal requirement is for Paddlefish Pools to give notification under the reporting procedure without delay, and in any event within a prescribed period of time (days) determined by the circumstances.

All incidents arising at the Facilities must be recorded by the Users and referred to the Manager for Paddlefish Pools to consider the matter and if applicable submit a report to the authority as necessitated by law.

POOL RULES

(The Pool Rules form part of the agreement between Paddlefish Pools and the Hirer. )

The swimming pool depth is a consistent 1.14 metres. The temperature of the pool water is kept at around 28C.

Paddlefish Pools priorities the welfare of all Users of the Facilities, and the Pool Rules are in place to preserve and promote the health and safety of everyone concerned.

The Hirer, and Users under his/ her control and responsibility must adhere to the rules below at all times. The Facilities have a CCTV surveillance system in place to promote the safety of all persons attending the Facility and ensure the Hirer and Users act in accordance with the conditions and these Pool Rules. The CCTV policy is available on request.

GENERAL:

• The Facilities do not have a lifeguard on duty for Sessions. The Hirer or responsible supervisor must personally be present for the full duration of a Sessions, and is responsible for all Users.

• Any private hire user acknowledges that they swim at their own risk as there will not always be someone to supervise

• No User under the age of 8 years is allowed in the swimming pool and surrounding enclosure without a Supervisor. The Supervisor must accompany children under such age at all times whether within the water of the swimming pool, surrounding and changing area, or otherwise. Those under the age of 8 must not be left unattended by a Supervisor for any period of time or under any circumstances.

• Before entering the swimming pool, Users must ensure they have a working mobile phone and have reviewed the Emergency Action Plan.

RULES:

These are the specific rules that must at all times be followed by Users when attending and using the Facilities.

Before:

1. Users are asked to exercise caution when using the pool if they have eaten within one hour before swimming.

2. The Hirer should have a mobile telephone readily accessible for use in the event of an emergency.

3. Paddlefish Pools does not provide supervision.

4. Ensure that those who use the pool can either swim adequately or are using the necessary swimming aids.

5. All users should be in good health, and it is their responsibility to establish that the pool, the pool chemicals and the pool environment will not affect any medical condition they suffer from by doctor’s consultation if necessary. Should a doctor’s consultation have been necessary, Paddlefish Pools are to be notified prior to any use.

6. A full breakdown of all chemicals used, chemical levels and air/water temperatures can be obtained upon request.

7. All users must shower prior to entering the Pool.

Children:

8. No persons under the age of 8 years must be left alone, unaccompanied or unattended at any time.

9. Infants should wear the correct combination of swimming nappies at all times in the Pool and Pool House.

During:

10. Swimming caps should be worn by swimmers with long hair at all times.

11. No diving or jumping into the pool.

12. No horseplay (pushing people into the pool, dive bombing etc.).

13. No running around the edge of the pool or in the Pool House.

14. No hard balls are allowed in the Pool House – inflatable balls are acceptable.

15. No furniture should be removed from the Pool House.

16. No one is to use the pool who is under the influence of drugs or alcohol.

17. No food, glass, bottles or any breakable items are allowed in the Pool House.

18. No smoking is allowed in the Pool House, Pool or anywhere in the property generally.

19. All jewellery should be removed prior to entering the water.

20. All entrance doors must be kept closed whilst inside the Pool House.