Evolve Endurance Ltd Terms & Conditions

(Also trading as Evolve by Coach Morg, Coach Morg, Blue Lagooners, Swim Smooth Yorkshire)

Membership

Membership runs for a fixed period and entitles  the named member to a range of benefits stated at the time of purchase. Evolve Endurance Limited reserves the right to change the benefits associated to the membership purchased at anytime. Members are expected to abide by the rules of the membership and to Evolve Endurance terms & conditions. This includes rules stated elsewhere on the website. Members are not to share benefits (in particular copyrighted material) with non members without permission from Evolve Endurance. Members MUST NOT allow non members to access reduced pricing on our products or services either via direct membership pricing or via a discount code issued via member only communications. 

Any failure by a member to abide by the rules laid out here or elsewhere on our website will result in suspension of membership. 

Coaching Services

(Scroll down for Training Camps T&C's)

1-2-1 Sessions:

Any cancellations made in the 72 hours prior to a booked 1-2-1 Video Analysis and Stroke Correction Session will be charged at full rate unless a replacement swimmer can be sought. By registering for a session, you agree to these terms. Evolve Endurance Ltd, reserve the right to cancel sessions and will inform the client at the earliest possible opportunity. Evolve Endurance Ltd will not be liable for a clients out of pocket expenses should cancellation be unavoidable in cases such as but not limited to, illness, instructor unavailability, facility unavailability, equipment failure or cancellation by the venue/facility.

Squad/Group Sessions:

Any cancellations for booked squad sessions in the 2 hours before the session commences will be charged at full rate, i.e. a credit will be deducted. Please help us help offer everyone a better coaching service by opting out of any session you know you can't attend prior to the 2 hours before that session. Doing so releases your spot to the wait list and allows someone else to benefit. If you have a genuine reason for not being able to attend please speak with the session instructor or in the case of Blue Lagooners Open Water Swim Sessions email info@evolveendurance.co.uk

Cancellation of sessions or appointments:

Evolve Endurance Ltd, reserve the right to cancel sessions and will inform the client at the earliest possible opportunity. Evolve Endurance Ltd will not be liable for a clients out of pocket expenses should cancellation be unavoidable in cases such as but not limited to, illness, instructor unavailability, facility unavailability, equipment failure or cancellation by the venue/facility.

Disclaimer:

Through registration for any of Evolve Endurance Ltd services or events you agree you will abide by the rules and regulations set out by Evolve Endurance Coaches and administrators, as well by all instructions given by facility staff management and staff.

In submitting and agreeing to the waiver intending to be legally bound, you will hereby certify that you are physically fit and have not been otherwise informed by a doctor. You acknowledge that it is your responsibility to keep Evolve Endurance updated about any changes in your health that may affect your participation. You also acknowledge that you are aware of all the risks inherent in swimming and in being on a pool deck, including permanent disability and death, and agree to assume all those risks. As a condition of your participation in the Evolve Endurance programme or any activities thereto, You will hereby waive any and all rights to claim for losses or damages, including all claims for loss or damages caused by the negligence, active or passive, of the following: Evolve Endurance; Coach Morg; Swim Smooth; the host facilities; or any individual participating in the programme as a coach, swimmer, volunteer or observer.

Rest assured, we, Evolve Endurance Ltd, always endeavour to run a safe and professional swim and triathlon coaching programme at all times for all participants and will always aim to do so in a professional and courteous manner. Any complaints can be made in confidence and in writing to info@evolveendurance.co.uk. 

Purchases:

By clicking "Place Order" you confirm you have read and accepted our terms and conditions.

All session credits must be used prior to the expiry date. These expiry dates are:
10 sessions = 12 months
25 sessions = 12 months
50 sessions = 12 months
A one month extension on any block of credits can be requested in any financial tax year due to holidays, work trips etc.

Refunds:

Credits, once purchased, cannot be refunded nor returned. Appointments can be cancelled up to 72 hours in advance. Squad sessions can be cancelled up to 12 hours in advance. Outside of these times full charges will be applied.

Privacy:

We take your privacy very seriously and will not share any of your details with any third-parties. From time to time Amphibian Sports Ltd may contact you under one of it's other trading names, such as but not limited to Evolve Endurance, Coach Morg, Amphibian Events, Open Water Swimming, Blue Lagooners.

Training Camps Specific Terms & Conditions

The following terms and conditions should be read carefully before making a booking. If you have any questions or queries, please get in touch and we’ll be happy to talk through them, you can contact us or ring 07771 801940.

Payment

The camp deposit paid online is required upon booking. Once we have received your deposit we will confirm your place and contact you to discuss your accommodation and travel requirements. Once this has been confirmed your Camp Fee is non refundable. Any travel arrangements are between the airline and yourself therefore Evolve Endurance Ltd cannot be held responsible for the actions of any third parties.

If payment is not in line with these timescales then the booking will be treated as cancelled and we reserve the right to retain the deposits, which have been paid.

Cancellation by the Client

Cancellation must be in writing (e-mail is fine). We will contact you by email to confirm your requests. Sending request of cancellation by recorded delivery is advisable. You will be liable to pay the balance of the monies in full if you do not notify Evolve Endurance Ltd of your intention to cancel 10 weeks prior to you arriving at Tri Camp, if however you have not paid the balance and we are unable to contact you we will cancel your booking and the cancellation charges below will come into effect.

Cancellation charges applicable

Notifying us more than 10 weeks before departure – Loss of deposit.

Notifying us less than 10 weeks before departure – Loss of deposit and total balance*

* If you have not paid the total balance then Evolve Endurance Ltd will seek to recover the outstanding balance together with any legal costs incurred during this process. It is always best to contact us by phone or e-mail to discuss any items with your booking, always use your deposit receipt number when contacting Evolve Endurance Ltd.

Evolve Endurance Ltd would recommend that travel insurance be taken out at the same time as your booking with us that covers you for sports travel and cancellation.

Cancellation or changes by Evolve Endurance Ltd

Whilst rare, it could at some stage be necessary to make minor or major alterations to the booking and other details both before and after bookings have been confirmed. Although most changes would be minor ones, we reserve the right to do so but will advise you of any issues arising from such changes. If it is necessary to make a significant change before arrival, we will advise you as soon as we can. We will then offer you the choice of either accepting the changed arrangements notified to you or purchasing an alternative holiday date.

Should you wish to make any changes to your booking after it has been confirmed and reserved you are requested to advise us of your wishes. Whilst we will endeavor to assist to the best of our ability, we cannot guarantee that we will be able to meet all requests.

Conditions of carriage

Evolve Endurance Ltd does not organise flights, ferry or train travel. Evolve Endurance Ltd has no part in the contract between you and the chartered, airline, ferry or train company.

Damage

Any damage to the accommodation or property of Evolve Endurance Ltd or any third party by the client whether accidental or deliberate must be paid in full at the time of the damage.

Insurance

Clients must have a comprehensive and valid multi sports insurance policy in place when they arrive and during their stay with Evolve Endurance Ltd. This policy should include emergency medical care, cover for personal injury, including cover for all activities, including water activities, loss or damage to your luggage, loss or damage to equipment hired or borrowed from us or third parties, repatriation, legal expenses cover and expenses associated with cancellation or curtailment of their booking. You should be in possession of an up to date EHIC card available from your local post office or online before travelling abroad.

Risks

You should recognise the inherent risks in the activities you will be participating in and agree to accept complete responsibility for any injury, damage or loss caused by you as a result of participation in those activities. You will be requested to sign a disclaimer when booking, which outlines your acceptance of the risks as part of participation in the activities with Evolve Endurance Ltd. This does not remove our legal duty of care but is simply used to highlight your acceptance of the risks inherent in the activities in which you are participating.

Changes to the Camp Itinerary

Occasionally we might have to differ from a displayed itinerary. All itineraries advertised on our website are of example only and not a statement of intent. Evolve Endurance Ltd has the right to change and adapt the displayed itineraries as they see fit. If by any chance additional expenses are incurred through situations outside of our hands i.e. delays, accident, strike, riots or acts of God and the like Evolve Endurance Ltd will not be held accountable.

Events Terms & Conditions

Including Race, social and open events
Event entries cannot be cancelled any later than one calendar month prior to the event date. After this time no refund or deferral will be issued. Refunds and deferrals for entries cancelled prior to one month from the event will be subject to an administration fee and subject to deductions for any costs incurred by the event organiser.  Transfer of places from one person to another must only be done with agreement from the Event Director. Under no circumstances must anyone participate under the name of another.  

Privacy Policy

 

The following policy constitutes Evolve Endurance Limited’s Privacy Policy.  Defined terms have the same meaning as are ascribed to them in the Terms.

What personal information do we collect from the people that visit our business, website or app?

When ordering or registering on our site or app, as appropriate, you may be asked to enter your name, email address, credit card information or other details to help you with your experience.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
      • To personalise your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
      • To improve our website in order to better serve you.
      • To allow us to better service you in responding to your customer service requests.
      • To administer a contest, promotion, survey or other site feature.
      • To quickly process your transactions.
      • To send periodic emails regarding your order or other products and services.
      • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

An external PCI compliant payment gateway handles all CC transactions. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognise your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart as part of your signup process. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
  • Understand and save user's preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off it will turn off some of the features of the site.

No not track

We don't honour Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don't honour them because it would not enable our site to function correctly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. 
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads


Business Transfers

If substantially all of our assets are acquired, or in the unlikely event that we go out of business or enter into Liquidation, customer and user information would be one of the assets that is transferred or acquired by a third party/purchaser.  You acknowledge that such transfers may occur, and that any acquirer may continue to use your personal information as set forth in this policy.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Your Consent

By using our Website, App and Services You consent to this Privacy Policy.

Evolve Endurance Ltd

Contacting Us

If there are any questions regarding this privacy policy, you may contact us

 

Governing Law and Jurisdiction

These terms will be governed by, and construed in accordance with, English Law.