Fees and Payment
- All fees must be paid in full by the stipulated date and before the student start the first lesson. Partial payments or any deposit will not be accepted.
- Fees paid are not refundable should the student fail to attend or withdraw from the class registered. Fees paid are not transferable or refundable if the student decide to sign up for another class type.
- Students are not allowed to transfer any remainder or balance lessons to other persons or to other class types.
Lesson Policy
- The 12 or 8 Lessons for Group Classes must be completed within 12 or 8 consecutive weeks whereas the 4 lessons for Private Classes must be completed within 4 consecutive weeks (excluding public holidays).
- Lessons shall be conducted once a week only.
- Students in Group Classes who are unable to attend lessons for any reasons including any medical reasons shall only be given an extra 2 consecutive weeks from the expiry of the original 12 or 8 consecutive weeks, to complete their 12 or 8 lessons. Thereafter, there shall be no further extension.
- Students in Private Classes who are unable to attend lessons for any reasons including any medical reasons shall only be given an extra 1 consecutive week from the expiry of the original 4 consecutive weeks, to complete their 4 lessons. Thereafter, there shall be no further extension.
- For Private Classes, if you wish to cancel any lessons, you must notify SkyWhale of the cancellation, no later than 2 hours before the scheduled lesson commences. Otherwise, the said lesson will be deemed to have been conducted and delivered. Lessons for Private Classes with more than one student shall also be deemed to have been conducted and delivered even if one or more students of the class is absent, as long one of the student is present.
- Students are not allowed to put on hold or freeze any lessons. Students wishing to do so on medical grounds must submit to SkyWhale a written request to do so together with a medical report issued by hospitals or doctors confirming that the student concerned is unable to swim for an extended period of time. SkyWhale is not obligated to approve the request and it shall have full discretion whether or not to approve or reject the request.
- No classes or lessons will be conducted on government gazetted public holidays. Affected classes/lessons will be replaced either at the same time and day the following week OR on such time and day as SkyWhale shall determine.
- SkyWhale shall have full discretion to assign any instructors it deems fit to conduct any classes. If the regular instructor assigned is unable to conduct the class, SkyWhale shall be entitled to assign a relief instructor to take over and conduct the class. Students are not permitted to choose instructors or to opt out of classes merely because the class is conducted by a relief instructor.
- SkyWhale reserves the right to cancel, postpone or reschedule all classes in the event of any unforeseen situations, the occurrence any medical situations or contagious diseases and/or when a relief instructor is not available.
- Students are generally grouped according to their age and learning progress. SkyWhale shall be entitled to assign or transfer a student to a different group, different class type and/or class on a different time slot, after considering the student’s age and/or learning progress.
- Students must be punctual in attending classes. No replacement classes will be given if students are late or refuse to enter the pool for lessons.
- Temporary, occasional, or late minute request for change of student’s class time slot will not be entertained or permitted. If students wish to permanently change the time slot of their class, they may submit a written request to do so to SkyWhale. However, SkyWhale is not obliged to approve the request and it shall have full discretion whether or not to approve the request after considering amongst others, available time slots.
- Students wishing to renew their existing lessons must inform SkyWhale of their intention to do so and to pay the relevant fees in full, latest by the last class of their existing lessons in order to secure their existing time slot for their lessons.
- Students must check in before lessons commence.
- All students must wear proper swimming attire and maintain appropriate standards of hygiene.
- SkyWhale do not guarantee the ability of any student to successfully learn swimming if the student does not follow the instruction given by SkyWhale’s instructors and/or the student has inconsistent attendance.
- Parents accompanying students for lessons should not pass comments of or to students when lessons are on-going to avoid distracting their focus.
- Parents will need to make up the difference if you want to switch from Weekdays to Weekends because our prices are different on weekends and weekdays. However, class availability must also be taken into account in all slot adjustments. If the slot is already full, our team has the right to hold your request until slot available.
Safety & Behaviour
- Students must follow strictly all safety and security regulations stipulated by SkyWhale.
- Students must follow the instructions of their instructors. Students must not enter the pool except with the permission and under the supervision of their instructor.
- Students must behave appropriately when attending classes.
- Students behaving in a manner deemed disruptive and/or risky by SkyWhale’ instructors will be asked to leave the class.
Medical Condition
- Students with any form of medical condition affecting their ability to learn to swim and those suffering any contagious diseases or illnesses, must inform SkyWhale of the said condition and if requested, must produce medical reports confirming that the student is fit to swim.
- Students who are sick and/or who are suffering from any form of contagious diseases or illnesses, must not attend classes and must declare and notify their condition to SkyWhale or their instructors. Nonetheless, affected students must complete all their lessons within the time mentioned under Clause “Lessons Policy” above.
- SkyWhale shall be entitled to conduct temperature checks on all students before classes commence and reserves the right to turn away any students on medical grounds.
Video and Photography
- SkyWhale shall have full rights to take photographs, audio and video recordings of students, classes and related activities and to use, reuse, publish and/or republish the same for training, administrative, marketing and/or promotional purposes. By signing below, you are deemed to have granted and authorized SkyWhale full rights to do so.
- Students and/or their parents/guardian must not take photographs, audio and/or video recordings of other students or upload them into social media without the permission of the said students and/or their parents/guardian.
Waiver and Exclusion of Liability
- You acknowledge and agree that despite the best of precautions taken, swimming being a physical activity and especially for learners, carries such risk and hazard that may cause injuries (whether permanent or otherwise) and/or even death.
- By participating in SkyWhale’s swimming classes, you are deemed to have voluntarily agreed on behalf of yourself and/or your child, to assume all types of risks, dangers and hazards of injury of any kind (including death) that you or your child may suffer whilst attending swimming classes with SkyWhale. You further agree that you shall not hold SkyWhale and SkyWhale’s shareholders, directors, employees, instructors, agents or representatives, hereafter collectively referred to as “Relevant Persons”) and shall exempt and exclude SkyWhale and the said Relevant Persons from all responsibility or liability for any personal injury, illness, death, loss and/or damage suffered by yourself and/or your child in the course of attending SkyWhale’s swimming classes regardless of who caused the said personal injury, death, loss and/or damage and/or whether the same arose either directly or indirectly from your and/or your child’s attendance and/or participation in SkyWhale swimming classes AND you are deemed to further agree to waive all claims whether in law and/or equity that you and/or your child may have against SkyWhale and each of the said Relevant Persons for such personal injury, illness, death, loss and/or damage.
Changes and Updates
The terms and conditions stated herein shall be subject to change or updates from time to time and all such changes or updates shall be binding on you and/or your child.
Governing Law
Malaysian laws shall govern this contract and its interpretation.