Terms & Condition
Agreement
All swimming classes and instructions by SkyWhale Swimming Academy Sdn Bhd (Co. No. 1294597-U) ("SkyWhale") shall be provided subject to the terms and conditions set out herein.
By signing below, you represent to SkyWhale that you have the full legal capacity to execute this contract, either for yourself or on behalf of your child/ward, and that you have read, understood, and accept the terms and conditions set out herein.
Fees and Payment
All fees, including the purchase of credits through the booking system, must be paid in full by the stipulated date and before the student begins the first lesson. Partial payments or deposits are not accepted.
Credits are non-refundable if the student fails to attend or withdraw from the registered class.
Credits are not transferable or refundable if the student opts to switch to a different class type.
Students are not permitted to transfer remaining lessons or balance credits to another person or to a different class type.
Package Course Lesson Policy
The 4 Lessons Package for Group Classes must be completed within 5 weeks, the 8 Lessons Package within 10 weeks, and the 12 Lessons Package within 15 weeks. No further extensions will be granted beyond these periods.
Lessons are conducted once a week only.
The validity of the package credit will commence from the date of the first lesson attended.
Classes must be booked in advance and are subject to availability. The class will be automatically cancelled and removed from the calendar if no enrolment is made 6 hours prior to the class start time. Please ensure you pre-book the class to secure your spot. Late cancellations or no-shows may result in the forfeiture of credits.
Cancellation Policy
If a student wishes to cancel a lesson, cancellation must be made through the booking system 3 hours before the class. Otherwise, the lesson will be considered conducted; credits will not be returned.
A Medical Certificate (MC) must be presented for any medical absences on the same day of the lesson, or the lesson will be deemed conducted.
A police report must be presented for any emergency absences on the same day of the lesson, or the lesson will be deemed conducted.
If a student is absent for 2 consecutive weeks, with or without prior notification, the current time slot may not be reserved. If the student wishes to resume lessons, they may be assigned a new time slot based on availability. If a student is continuously absent for 4 consecutive weeks without notification, the academy will consider that the student has withdrawn, and lessons will no longer be reserved.
Students in Private Classes who are unable to attend lessons, including for medical reasons, are allowed an additional 1 week after the original 4-week period to complete their 4 lessons. No further extensions will be granted.
For Private Classes, lesson cancellations must be made at least 10 hours before the scheduled lesson. Otherwise, the lesson will be deemed conducted. In Private Classes with multiple students, the class will be considered conducted if at least one student is present, even if others are absent.
Students cannot place lessons on hold or freeze them. A medical report must be submitted if the student is unable to swim for an extended period due to health issues. Approval of such requests is at SkyWhale's discretion.
Extension Policy
Eligible Reasons for Extension:
Extensions may be granted under the following circumstances, provided the required documentation is submitted within 7 days of the missed lesson:
Medical Reasons: A valid Medical Certificate (MC) or medical report must be provided.
Legal or Emergency Situations: A police report must be submitted to support the extension request.
Bereavement: Extensions will be granted in the event of a funeral or bereavement within the immediate family.
Natural Disasters: Extensions will be considered in cases of unavoidable natural disasters affecting attendance.
Extension Duration:
The duration of the extension will depend on the nature of the matter and is at the sole discretion of SkyWhale.
Submission and Approval:
Extension requests must be submitted as a written request, accompanied by supporting documents, via the booking system or email. Approval of extensions is at SkyWhale’s sole discretion, and all decisions are final.
Non-Eligible Requests:
Personal reasons such as vacations, work schedules, school events, personal events, or traveling back to hometown are not eligible for an extension. Sick leave without a valid Medical Certificate (MC) will not qualify for an extension.
Other Terms And Conditions
No lessons will be conducted on government-gazetted public holidays as per SkyWhale’s public holiday calendar. Affected lessons will be rescheduled either at the same time the following week or as determined by SkyWhale.
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 classes due to unforeseen circumstances, including medical emergencies, contagious diseases, or instructor unavailability.
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 for lessons. No replacement lessons will be provided for latecomers or those who refuse to enter the pool.
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. Weekday students can only shift to other available weekdays, while weekend students can switch to any available weekdays or weekends.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 lessons must notify SkyWhale and make full payment by purchase the credit package from the booking system 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 their lessons begin.
All students are required to wear proper swim attire and maintain appropriate hygiene standards.
SkyWhale does not guarantee that students will successfully learn to swim if they do not follow instructors' guidance or attend classes consistently.
Parents accompanying students are advised not to provide comments or instructions during lessons to avoid distractions.
Changing from a weekday class to a weekend class may incur additional fees, depending on the fee difference and availability.
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.
