Terms &
Conditions

DEFINED TERMS:

• SWIMIN12: Refers to the company, its facilities, staff, and representatives.
• Customer: Refers to the enrolled Student or the responsible Parent/Guardian.
• Package: Refers to any class block, monthly subscription, or competitive program purchased.

AGREEMENT: By making payment, enrolling in any programme, or scheduling any class, the Customer fully accepts and agrees to these Master Terms and Conditions (the "Agreement").

1) FINANCIAL AND PROGRAMME ENROLLMENT

1.1) Non-Refundable Financial Framework

1.1.1) Strict Non-Refundability: All financial transactions, including, but not limited to, registration fees, package fees, pay-per-lesson fees, monthly subscriptions, and pool rental charges, are strictly non-refundable under all circumstances.

1.1.2) No Exceptions: Refunds shall not be issued due to non-usage, non-attendance, changes in personal preference, relocation, personal travel, medical conditions, or any form of withdrawal or perceived dissatisfaction with service delivery.

1.2) Package Transfer Policy

1.2.1) One-Time Transfer Right: A Package may be eligible for a single, non-recurring transfer to another individual. This privilege is conditional and requires Management approval.

1.2.2) Mandatory Documentation: The transfer is conditional upon the full completion and execution of the official Class Transfer Agreement (SW12 TR 003).

1.2.3) Pre-Conditions: All outstanding fees must be settled prior to the execution of the transfer.

1.2.4) Non-Alteration of Terms: A Package Transfer does not reinstate refund eligibility nor extend the original validity period of the Package.

1.3) Registration Fee and Validity

1.3.1) Mandatory Fee: A one-time Registration Fee is mandatory upon initial enrollment into any recurring Package or programme. This fee is strictly non-refundable.

1.3.2) Lifetime Access: The Registration Fee grants the Customer lifetime membership validity for administrative access to Swimin12 services.

1.3.3) Exemptions: The Registration Fee is waived ONLY for students enrolling exclusively in the Pay-Per-Lesson Crash Course or Pay-Per-Lesson Inclusion Programme. Any subsequent transition to a Guaranteed, Monthly, or Competitive Package necessitates payment of this fee.

1.4) Trial Class Conditions

1.4.1) Single Trial Entitlement: The Customer is entitled to one (1) trial class and assessment, at a chargeable rate.

1.4.2) Mandatory Pool Fee: A mandatory, non-refundable Pool Rental Fee applies per participant for the trial and must be settled prior to class commencement.

2) CLASS SCHEDULING, ATTENDANCE, AND FORFEITURE

2.1) Standard Cancellation (The 4-Hour Rule)

2.1.1) Standard Notice (Eligibility for Replacement): To be eligible for a replacement class, the Customer must provide more than four (4) hours advance notice prior to the scheduled class time.

2.1.2) Rescheduling: Standard cancellations permit rescheduling to an alternative available slot, subject to mutual agreement and operational availability.

2.2) Last-Minute Cancellation and Forfeiture

2.2.1) Definition: Notice provided four (4) hours or less before the scheduled class time, or a complete No-Show (zero notice), is strictly defined as a Last-Minute Cancellation.

2.2.2) First Occurrence (Warning): The first instance of a Last-Minute Cancellation or No-Show will be granted a one-time exceptional reschedule.

2.2.3) Subsequent Forfeiture: All subsequent occurrences of Last-Minute Cancellation or No-Show will result in the class being automatically forfeited in full. The forfeited class is not eligible for rescheduling, replacement, refund, or credit.

2.3) Coach and Operational Cancellations

2.3.1) Coach Replacement: SWIMIN12 reserves the full right to assign a replacement coach without requiring Customer confirmation.

2.3.2) Rescheduling Due to Unavailability: If a replacement coach is unavailable, SWIMIN12 will cancel the class and arrange a replacement session according to operational availability.

2.3.3) Office Closure: In exceptional circumstances requiring temporary office closure, SWIMIN12 will provide advance notice and all affected classes will be rescheduled.

3) PACKAGE VALIDITY AND EXTENSION

3.1) Package Validity and Expiration

3.1.1) Validity Commencement: All Package validity periods commence strictly from the date of payment.

3.1.2) Forfeiture on Expiration: Any remaining lessons unutilized beyond the Package's respective validity window (as per the Package Validity Matrix) will be automatically and permanently forfeited without credit or refund.

Package Validity Matrix:

3.2) Formal Validity Extension

3.2.1) Strict Conditions: Extensions will only be considered for verifiable, health-related issues that prohibit class attendance for a continuous period.

3.2.2) Documentation: The Customer must submit valid medical documentation (e.g., medical slips) for formal review.

3.2.3) Formal Process: An extension is not guaranteed and requires the formal completion of the Class Extension Notice (SW12 EX 001) and final approval by Swimin12 Management.

4) WEATHER CANCELLATION AND COMPETITIVE TRAINING

4.1) Non-Competitive Programmes (Guaranteed, Monthly, Inclusion, Crash)

4.1.1) Safety Clause: SWIMIN12 reserves the right to cancel classes for adverse weather (rain, haze, etc.) at any time, prioritizing student safety.

4.1.2) Replacement Protocol (Class Not Started): If the class has not commenced (0 minutes), a complete replacement class will be arranged.

4.1.3) In-Progress Closure Protocol (Class 45/60 min):

• 1 - 20 Minutes Completed: Full replacement class arranged.
• 21 - 40 Minutes Completed: Considered half a class; a thirty (30) minute replacement session will be arranged.
• 41 Minutes and Over: Considered a full class; no replacement will be provided.

4.2) Competitive Programmes (Bloop, Hydra, Kraken, Elite)

4.2.1) No Weather Cancellation: Classes for Competitive Programmes will not be cancelled due to adverse weather.

4.2.2) Land Training Substitution: An alternative land training session will be conducted, which fully satisfies the class requirement. This substitution counts as a full class, and no further replacement will be scheduled.

5) GUARANTEED PROGRAMME SPECIFIC CLAUSES

5.1) Guarantee Commitment

5.1.1) Teaching Commitment: SWIMIN12 guarantees to teach the Student until safe swimming capability is achieved. This commitment is valid for a maximum duration of one (1) year from the enrollment date.

5.1.2) Guarantee Voidance: The Guarantee is automatically and permanently voided if the Customer accrues more than six (6) instances of less than 24 hours cancellation notice. Voidance results in automatic conversion of the Package into twelve (12) fixed, non-reschedulable lessons.

5.2) Assessment and Specialized Support

5.2.1) Coach Authority: The appointed coach or instructor retains the exclusive right to assess, determine completion, and judge final student capability and progress.

5.2.2) External Expertise: If the Student requires specialized intervention (e.g., psychological, therapeutic, complex physical aid) that extends beyond the standard scope of swimming instruction, the Customer agrees that additional fee may be required to engage external expertise for the desired outcome.

6) LIABILITY, WAIVER, AND LEGAL CONDUCT

6.1) Assumption of Risk and Waiver of Liability

6.1.1) Acknowledgement of Risk: Th Customer acknowledges that participation involves inherent risks of injury and assumes full and sole responsibility for these risks.

6.1.2) Release of Liability: The Customer expressly agrees to waive, release, and discharge SWIMIN12, its coaches, instructors, and staff from any and all liability, claims, or causes of action for:

• Personal injury, property damage, or loss sustained during activities.
• Incidents arising from slips, falls, equipment malfunction, or alleged negligent instruction, to the fullest extent permitted by law.

6.1.3) Property Loss: SWIMIN12 is not liable for the loss, theft, or damage of any personal belongings.

6.2) Indemnification

6.2.1) The Customer agrees to indemnify, defend, and hold harmless SWIMIN12 against any and all losses, damages, liabilities, and expenses (including reasonable legal fees) asserted by any third party arising out of or related to the Customer's breach of this Agreement or their conduct on SWIMIN12 premises.

6.3) Code of Conduct and Termination

6.3.1) Compliance: The Customer agrees to abide by all rules and regulations of SWIMIN12 and the facility premises.

6.3.2) Right to Refuse Service: SWIMIN12 reserves the absolute right to deny entry, terminate enrollment, and remove any individual for improper, unsafe, or unruly behaviour without refund or credit.

6.4) Governing Law and Modification

6.4.1) Severability: Should any provision of this Agreement be deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

6.4.2) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

6.4.3) Right to Modify: SWIMIN12 reserves the right to amend these Terms and Conditions at any time without prior notice. Continued participation after the effective date of the amendments constitutes acceptance of the new terms.