Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
To: ‘Firtree Swimming Ltd’ at Firtree Farm (Owner of premises)
I wish to use your pool facilities during the agreed hire period at the premises. By choosing to use the pool facilities, I recognise and fully understand that:
In exchange for ‘Firtree Swimming Ltd’ allowing me to utilise the pool facilities and surrounding area during my hire period, I hereby agree to the conditions laid out below.
I fully intend and choose to give up the legal rights, as stated below:
Normal Operating Plan (NOP)
There are various hazards that make swimming pools potentially dangerous places to use. This
section identifies all known person, activity and physical hazards that apply to all potential users.
The decision that constant supervision in the pool is not required by ‘Firtree Swimming Ltd’ owners
has taken into account the guidance contained in HSG179 Managing Health and Safety in Swimming
Pools. The key points from this guidance include;
Access to ‘Firtree Swimming Ltd’ is restricted to authorised users only.
All users MUST BE aware that ‘Firtree Swimming Ltd’ does not provide supervision of the pool.
For the Private hire of the facilities concerning the permitted use of the swimming pool at Firtree Farm,
The hirer, on accepting this agreement confirms, both to have first fully read and understood these conditions of private hire and to be responsible for ensuring all users that attend the facilities are made aware of them, and abide by the pool rules at all times.
The hirer must designate a group supervisor who will adopt overall responsibility for the group. This person must be present in the pool area at all times throughout the hire period and have access to a mobile phone. The Group supervisor understands, acknowledges and accepts that no lifeguard or aid is engaged at the premises and/or facilities and the group supervisor is therefore responsible for his/her own safety and any of the members in their group.
Sessions must be booked and payment made in advance and remain operative, for lawful access to the facilities for that session . Firtree Swimming Ltd prohibits anyone entering the facilities unless attending a confirmed session during which the hirer is responsible for all persons.
Vacancies for sessions that can be reserved are available via our webpage (http://www.fritreeswimming.co.uk). The content is updated automatically when bookings are made and or cancelled and the date/time of the latest update is specified.
Each pool hire session is one hour (not including changing before and after your session). Each session will commence and end firmly on the hour. Accordingly, the pool must be strictly vacated at the end of the session or the final session when more than one is consecutively booked in succession. The hirer is granted access to the available changing room 15 minutes either side of their session for changing purposes.
When there is a minimum number of two users only, the requirements are one of whom must also be aged 18 years or older and capable and competent swimmer. The hirer/Group supervisor is responsible for ensuring the age and competency of users in accordance with the conditions and will be responsible for the safety of each member during their session.
For the purpose of supervising, a person must be aged 18 years or above and also be a suitably capable swimmer to be defined as a ‘Supervisor’.
The Supervision ratio as specified in this part always applies and is a requirement for the permitted use of the facilities, which the hirer is responsible for;
The Supervising ratios are the absolute minimum requirements, and users must always check whether further arrangements are required in the interest of health and safety.
Firtree Swimming Ltd strictly does NOT agree or allow any user to be alone when entering or utilizing the facilities, for any period of time. In particular, no individual user must be in the water of the swimming pool unless they are visible to another user. The restrictions against alone or unattended access and swimming are for the safety and welfare of all users. Checks will be carried out from time to time, without notice, to ensure this does not happen.
The hirer acknowledges that Firtree Swimming Ltd does not provide for lifeguard supervision, or any such person, to be on duty or otherwise present at the facilities during a session. Therefore, the hirer agrees to be responsible for conforming to these conditions regarding permitted use and the supervising ratio. The hirer is responsible for their own assessment of users during sessions.
The hirer, and or group supervisor, must have access and be able to readily use a mobile phone at all times in case of an emergency. The hirer/group supervisor is responsible for checking the device is fully charged and in good working order at the commencement of a session.
The site location is displayed on the pool rules safety signage and should be given to emergency services in the event of an accident.
The next group will be granted access to the available changing room no more than 15 minutes prior to their hire start time. Once pool area has been cleared by the previous hire group, the next group are then permitted access to the pool.
All Swimmers and spectators must remove outdoor footwear before entering the changing rooms.
All external doors and windows must remain closed at all times as this maintains the important temperature balance within the pool complex.
Please ensure you keep to your or your groups allotted session and/or pre-booked session, there is a clock in the pool area.
‘Firtree Swimming Ltd’ reserves the right to refuse entry or require users to immediately vacate the
pool in the event of these rules not being adhered to.
For the safety of all swimmers, it is essential that sensible, responsible and mature behaviour is
demonstrated at all times and that pool rules are complied with.
All vehicles parked and personal belongings are left at the owners risk
Please leave the pool and changing rooms as you would wish to find them (eg: Using the squeegee provided to swish the water into the drains. The Facilities must be left in a clean and tidy condition after each use.
The person who made the booking is responsible for any breakages or damage caused by any of their party
Any cancellations or amendments must be notified 48 hours in advance
If the Hirer is to cancel a session, this must be in accordance with Firtree Swimming Ltd requirements.
Firtree Swimming Ltd may cancel the session, where the Facilities cannot be used for reasons beyond the reasonable control of Firtree Swimming Ltd, such as emergency maintenance, breakdown of equipment, or water shortage alike. In those circumstances, the hirer shall receive credit in respect of the cancelled session.
Before entry to the facilities, the group supervisor must read and understand the Normal Operating Procedures and Emergency Action Plans and thereafter sign by acceptance the swimming pool disclaimer form to that affect. The group supervisor must inform ‘Firtree Swimming Ltd’ of the total number of swimmers in attendance.
In the event of:
Firtree Swimming Ltd reserves the right to access the facilities and the premises at any time to show the facilities and the premises to others or to carry out repairs or maintenance.
Any damage or hazards caused or identified by the hirer/user is to be notified to Firtree Swimming Ltd via email.
Firtree Swimming Ltd reserves the right to amend the terms and conditions at any time, including the right to undertake a review of the applicable prices.
The hire arrangement granted by the agreement is personal to the hirer and is not assignable and the rights given under the agreement may only be exercised by the hirer.
Firtree Swimming Ltd shall not be liable for any injury, complaint or other ailment suffered by himself/herself or any member of a group (if applicable) arising out of any breach by the hirer or its users, with the hirer being liable for all such instances. The hirer expressly acknowledges that Firtree Swimming Ltd will have no such liability whatsoever. This does not exclude Firtree Swimming Ltd statutory liability for loss or damage arising out of any negligence identified on its part.
The Hirer is responsible for all costs incurred by the owner through misuse of the pool or failure to adhere to the pool’s rules or any of the terms of these conditions and agreements.
Firtree Swimming Ltd reseve 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.
In such circumstances, the hirer agrees:
Agreeing to these terms and conditions and swimming pool rules:
The hirer agrees to these terms and the hire agreement on behalf of themselves and each lone Swimmer in their session.
THESE TERMS HAVE BEEN ENTERED INTO ON THE DATE THE BOOKING ORDER IS CONFIRMED AND PAID.
THE HIRER MUST INDICATE THEIR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND THE HIRE AGREEMENT INCLUDING THE SWIMMING POOL WAIVER AND RELEASE OF LIABILITY FORM BY AGREEING TO THESE USING THE ONLINE BOOKING SYSTEM.
Areas of Responsibility
Firtree Swimming Ltd hold overall responsibility for safety management on the premises which includes;
Access to the pool
Access to the pool is gained via the main entrance to the premises and through one of two changing
rooms. Pool access is controlled through the use of an online booking system and is monitored by
CCTV installed.
‘Firtree Swimming Ltd’ perform opening checks and routine checks throughout the day to ensure;
The main entrance and pool area is monitored at all times by CCTV in order to control access. When
/ if the pool is not fit for use, the main entrance doors will be locked and secured until such time that
the pool is fully functional and fit for use.
The pool storage areas and plant rooms must be kept locked when not in use to prevent any
unauthorised access. Access to such areas is only permitted by the Business Manager and
Supervisor.
Cleaning materials and pool chemicals must be restricted as per HSE Guidance; HSG179 Managing
Health & Safety in Swimming Pools and COSHH Regulations 2002. COSHH storage must be kept
locked at all times.
The Business Manager, Supervisor and all users of the pool have a responsibility to ensure the safety
of themselves and others whilst working or using the pool facilities. All persons will have read and
understand this Pool Safe Operating Procedure (including Emergency Action Plans).
The Business Manager and Supervisor must ensure ‘Firtree Swimming Ltd’ risk assessment and its
significant findings are adhered to at all times and regularly reviewed as required by relevant
legislation and regulations.
A First Aid Kit including a face shield, is available on pool side and identified on the site plans.
In the event of an accident or incident please complete the accident book. This is located on the windowsill in the reception room.
The premises is protected by a fire alarm system. There are smoke detectors,
heat detectors and sounders throughout the premises which are subject to regular servicing by an
approved service provider
Emergency Lighting has been installed in the pool area, changing areas and main entrance. These
are checked weekly by the Business Manager or Supervisor during recorded fire safety checks. All emergency lighting is tested and inspected annually by an approved service provider.
Fire Extinguishing Equipment is installed in the pool area, plant room and main entrance. These are checked weekly by the Business Manager or Supervisor during recorded fire safety checks. All fire extinguishing equipment is tested and inspected annually by an approved service provider. Fire extinguishers must only be used by competent persons or to aid escape in the event of a fire.
Emergency Rescue Equipment by means of a throw line, safety ring and reach pole are provided and available on pool side. This equipment is checked for damage / defects daily prior to opening. Rescue equipment must only be used to aid emergency rescue attempts.
The following Emergency Rescue Equipment is provided and available on the poolside;
This equipment MUST only be used in an emergency to aid rescue. This equipment must not be used
for swimming aids or any other purpose.
In the event of an emergency and / or serious incident 999 must be called this is the responsibility of the group supervisor , the location details are displayed on pool side next to the changing room doors. Where possible all lifesaving should be carried out from the poolside. All swimmers
must exit the pool immediately and congregate in a safe area.
In the event of a person becoming incapacitated in the pool, the casualty’s head must be supported
above water until safe rescue can be carried out and / or the arrival of emergency services.
‘Firtree Swimming Ltd’ emergency action plans consist of the following procedures;
Evacuation Procedures are required for a number of reasons, these include;
ACTION TO BE TAKEN IN THE EVENT OF AN EVACUATION
The Business Manager or Supervisor must be contacted at the earliest opportunity. Groups should
vacate the premises via the nearest fire exit, leaving all personal belongings behind. Fire exits are
located in the pool area, changing rooms and main entrance.
If required, a fire blanket is available and is located at the pool side fire exit.
Groups should congregate at the fire assembly point situated in the main car park on the grassed
area. A role call must be completed by the group supervisor to ensure all persons are present.
If possible and safe to do so, the Business Manager or Supervisor should check the following areas to
help identify the source of the problem and ensure all persons have evacuated the premises;
On leaving the premises, the Business Manager or Supervisor should consider securing all entry
points to prevent unauthorized access.
The necessary professional services should now be contacted including the emergency services if
required.
Consideration should be given to relocate groups to a warm / safe area until the problem is resolved.
ACTION TO BE TAKEN IN THE EVENT OF A BOMB THREAT
In the event of a bomb threat, the above evacuation procedure should be followed.
ACTION TO BE TAKEN IN THE EVENT OF OVER CROWDING
Users of the premises will be allocated a ONE HOUR time slot. This does not include the time taken
to change before and after their swimming sessions. Users will be permitted access no more than 15 minutes prior to their hire start time.
Upon arrival at the premises, users will enter the main entrance and locate the available changing
room. One changing room allocated per hire. Users must not enter the pool area until the previous hirers have vacated the area.
Groups are made aware of the requirement to keep to a maximum number of 8 persons in the pool. Should the pool area become over crowded and exceed this number, the group supervisors must alert the Business Manager or Supervisor immediately.
On notification or observation that the pool area is over crowded, non-swimmers / spectators will be
asked to vacate the area, keeping in mind the need for adequate supervision of the remaining swimmers.
Groups will be informed to remove swimmers from the pool area until the maximum number of 8
persons in the pool has been met.
Repeat offenders showing a blatant disregard for the ‘Pool Rules’ will not be permitted back on the
premises for future use.
ACTION TO BE TAKEN IN THE EVENT OF DISORDERLY BEHAVIOUR
Any incidents of disorderly behaviour within the pool or surrounding areas that may distract the
attention of the group supervisor from their primary responsibilities of pool supervision must be
addressed immediately.
Firtree Swimming Ltd reserve 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.
In such circumstances, the hirer agrees:
ACTION TO BE TAKEN IN THE EVENT OF LACK OF WATER CLARITY
It is vital that all users of the premises can clearly see the bottom of the pool at all times, to ensure
that swimmers can be seen in the event of an emergency.
The following process will be followed in the event of poor water clarity;
The pool will only be reopened once the water clarity has improved sufficiently to enable the pool bottom to be seen clearly, and a satisfactory chemical balance has been confirmed.
ACTION TO BE TAKEN IN THE EVENT OF DISCOVERING A FIRE
All users of the premises must follow the below procedure;
ACTION TO BE TAKEN IN THE EVENT OF HEARING THE FIRE ALARM
If there are no immediate signs of danger on hearing the alarm;
ACTION TO BE TAKEN IN THE EVENT OF LIGHTING FAILURE
Should lighting within the premises fail, the following steps should be taken;
ACTION TO TAKE IN THE EVENT OF STRUCTURAL FAILURE
If there is any sign of structural failure whilst the pool is in use, evacuate the premises immediately
and FOLLOW THE EMERGENCY EVACUATION PROCEDURE.
The Business Manager or Supervisor must be alerted as soon as it is safe to do so.
ACTION TO BE TAKEN IN THE EVENT OF ESCAPE OF TOXIC GAS
This procedure is written on the basis that relevant gases can be released by the handling and / or
mixing of chemicals. Generally, these chemicals will be restricted to the plant room or chemical
storage areas, but there remains a low risk that toxic gases could contaminate the pool area.
Action to be taken by group supervisors;
Actions to be taken by the Business Manager or Supervisor;
IMPORTANT TO NOTE;
In the event of a toxic gas being released into the atmosphere within any part of the premises, the
emergency services MUST be called. It should be noted that Fire, Police and Ambulance will respond
to an emergency call involving the release of toxic gas and you should expect firemen to arrive
wearing full breathing apparatus.
Prevent anyone from re-entering the premises until emergency services confirm it is safe to do so.
ACTION TO BE TAKEN IN THE EVENT OF INJURY AND / OR INCAPACITATION
Should a member of the group become injured and / or incapacitated whilst in the pool, the following
steps should be taken by other members of the group;
ACTION TO BE TAKEN IN THE EVENT OF DISCOVERING A CASUALTY IN THE WATER
ACTION TO BE TAKEN IN THE EVENT OF BLOOD, VOMIT, FAECAL FOULING OR SHARPS
In the event of contamination by blood, vomit, faeces, broken glass and / or sharp objects, all group
Members should follow the below steps;
In the event of solid faecal contamination, the following action will be taken by the Business
Manager or Supervisor;
In the event of diarrhoea contamination, especially if illness is admitted or strongly suspected, the
following action will be taken;