Terms & Conditions
Fees
- All fees have to pay in full on a terms basis
- Students is required to make a payment seven (7) days before the end of each term, student placement will be removed unless payment is made.
- If lessons started in the term, all fees paid are non-refundable. Students will require written notification to the academy at least fourteen (14) days prior to the start of the term (regardless of attendance).
- If the request is made less than fourteen (14) days before the first lesson, a cancellation charge of RM50.00 will apply.
- Lessons will be put on hold if the academy closes due to contagious diseases or unforeseen circumstances.
Lessons
- Lessons are scheduled for consecutive weeks, excluding public holidays
- Academy will be closed on government-gazetted Public Holidays. The lesson will be as normal for public holidays in-lieu.
- A maximum of 2 replacement credits is allowed each term (applied only for group lessons). Students must inform the academy 2 hours before the lesson. A valid Medical Certificate of the student’s name must be submitted within a week of the absence backdating of the lesson.
- For group lessons, strictly no rescheduling of the replacement lesson is allowed. If you have confirmed a replacement lesson, the replacement credit is considered utilized. To reschedule a replacement lesson, another replacement credit must be activated 2 hours before the lesson.
- For group lessons, replacement credits for group lessons are restricted to enrollment in sessions within the same category, aligning with the predetermined schedule options provided by the Academy. It is imperative to utilize all credits within one month following the conclusion of the lesson terms. Please be advised that make-up lessons are not available.
- Strictly no backdating of Medical Certificates, Memos, or other forms is allowed.
- The Academy reserves all rights to charge lesson that does not comply with the above and reject any replacement credit activated.
- The Academy reserves all rights to send relief instructors to cover classes when the regular coach is on leave. The relieved lesson will be charged even if you decide to opt out of the lesson.
- The Academy reserves the right to cancel or postpone the lesson in an unforeseen situation or when a relief coach is unavailable.
- For private lessons, any changes in lesson time must be notified 24 hours in advance for a non-medical reason or 2 hours before the lesson and supported with medical proof for a medical reason. Failing to do so, the lesson will be charged.
- Kids below 5 years old are required to wear approved swim diapers.
- Students will be grouped according to age in their first term and may subsequently be regrouped according to their levels (timing may change).
- The Academy reserves the right to reschedule the commencement date of classes if the class size does not meet the minimum requirement.
- In the event that the class size falls short in the next term, the Academy reserves the right to reshuffle the students and close the class.
- Other general Terms and Conditions apply.
Replacement Terms
All lessons are required to be completed within the time duration given by Swim Up, if unable to complete the remaining lesson. Follow the terms below:
Private lessons
- 4 lessons are required to be completed within 5 weeks (35 days), and 10 lessons are required to be completed within 12 weeks (84 days).
- Any unattended lesson will become Replacement lessons after 5 weeks or 12 weeks duration.
Group lessons
- 10 lessons are required to be completed within 12 weeks, and a maximum of 2 replacement credits will be provided for each term.
- All 2 replacement credits are required to be utilized within 4 weeks (28 days) time after the end of the terms
- Any unattended lessons or unutilized replacement credits will be forfeited.
Unfit to swim
If the student is certified unfit to swim for more than three weeks supported by a medical doctor letter, you can choose to put the lesson on hold. You might need to rearrange with the academy when you are ready to join us back. You have to send the documents to info@swimupacademy.com.my
Relief of Instructor
Swim Up reserves the right to cancel (with the fees not chargeable), postpone, or send a relief instructor if your lesson coach is unable to conduct the lesson on that day.
Safety
For Babies, Toddlers, Kids, & Special Needs Lessons, regardless of the child’s swimming ability, should always be under adult supervision at all times. The coach cannot be responsible for watching your child before and after the class.
Media Release
Swim Up reserves all rights to photograph, sound, and video recording classes and activities for training, publicity, and promotional purposes. Permission will not be sought from any individual.
General Policy
1. All pool users have to rinse off under the shower before entering the pool.
2. The Academy cannot accept any responsibility for the loss or damage of any personal possessions.
3. Acceptance of the Terms and Conditions by the Academy is accepted upon registration and it applies to all branches under the Academy.
4. The Academy reserves all rights to amend the above rules from time to time and the right to refund or reject customers.
Waiver and Release of Liability
1. By participating in any of the lessons (including trial lessons), classes, courses, events, programs, and activities (collectively, the “Activities”) organized or conducted by Swim Up Academy, Swim Up Academy Advance Learning Sdn. Bhd. and/or any of its affiliates (collectively, “Swim Up”), and/or using any swimming pool and/or its amenities owned, operated, or managed by Swim Up (collectively, the “Venues”), you acknowledge and agree, on behalf of yourself and (if applicable) your child (including any unborn child in the case of pregnancy) or ward below the age of eighteen (18) (collectively, “Child”) as his/her parent, legal guardian or custodian, that you have read, accepted and agree to be bound by the following terms in this Waiver.
2. You hereby represent and warrant that:
you have attained eighteen (18) years of age and accept and agree to this Waiver on behalf of yourself and (if applicable) your Child below the age of eighteen (18) as his/her parent, legal guardian, or custodian;
(if applicable) you have full legal authority as the parent, legal guardian or custodian of your Child to accept the terms of this Waiver on his/her behalf; and
(i) you and/or your Child are physically and medically fit to participate in the Activities, (ii) save to the extent declared to Swim Up in accordance with the terms herein, you and/or your Child do not suffer from any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities, and (iii) in relation to any known pre-existing medical condition that you and/or your Child may have, you have obtained medical clearance from a licensed medical or healthcare practitioner confirming that you and/or your Child are fit to participate in the Activities.
3. You must declare to Swim Up any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities. Such declaration shall be made prior to enrolment, or if such illness, condition or disability arises after enrolment, immediately upon its discovery, in writing by email to info@swimupacademy.com.my. Swim Up reserves the right in its sole and absolute discretion to require that you and/or your Child be withdrawn from the Activities.
4. You acknowledge that participating in the Activities and/or use of the Venues will involve certain risks, including without limitation injury, permanent paralysis and death. You hereby accept and voluntarily assume all risks, dangers and hazards, both known and unknown, of injuries or other loss or damage of any kind that may be suffered by you and/or your Child while using any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities. The risks, dangers and hazards include without limitation injuries or illnesses from the sport of swimming or other pool activities, extended time underwater, spending extended periods in chlorinated water, entering the water by either diving or jumping, vigorous physical exertion, dry land training, contact with other participants or equipment, exacerbation or aggravation of pre-existing medical conditions, lack of fitness, or exposure to infectious diseases (including through contact with persons who may have been exposed to such diseases or with contaminated surfaces, or waterborne, airborne, droplet or other environmental transmissions).
5. You agree that Swim Up and their respective directors, officers, employees, agents and representatives (collectively, the “Relevant Persons”) shall not be liable or responsible for any personal injury, property damage, expense, loss of income or loss of any kind suffered by you and/or your Child arising directly or indirectly from the use of any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith.
6. You, on behalf of yourself and (if applicable) your Child and to the fullest extent permitted by applicable law, hereby waive, discharge and release each of the Relevant Persons in respect of any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential damages), losses, liabilities, actions, judgments, and costs (including legal fees) which has accrued or will accrue in future (“Claims”) against any of the Relevant Persons which arise from or otherwise relate to the participation by you and/or your Child in the Activities, the use of any of the Venues by you and/or your Child for any purpose, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith. Nothing in this Waiver shall exclude or limit the liability of the Relevant Persons for death or personal injury to the extent such death or personal injury is caused by the negligence of the Relevant Persons, or for any matter which would be unlawful for the Relevant Persons to exclude or limit.
7. You hereby indemnify and hold harmless each of the Relevant Persons from any and all Claims arising from or otherwise relating to the use of any of the Venues by you and/or your Child for any purpose.
8. Each of the terms of this Waiver shall apply to the fullest extent permitted under applicable law. The illegality, invalidity or unenforceability of any provision (or part thereof) of this Waiver under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of the remainder of such provision or any other provision.
9. A person who is not party to this Waiver has no rights under the Contracts (Rights of Third Parties) Act 199 to enforce any term of this Waiver, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
10. This Waiver shall be governed by, and construed in accordance with, the laws of Malaysia. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.
These terms and conditions outline the rules and regulations for the use of Swim Up’s Website, located at https://swimupacademy.com.my/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use swim up academy if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person logging on to this website and compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
