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Above the Clouds

Participation and payment of lesson confirms your agreement and compliance to our
Terms & Conditions and Waiver Agreement

Terms & Conditions

Terminology:​​​

  • Drop In Class: A set duration of time for a group of people to learn or practice a particular skill. All Baby & Tot and Kids' lessons are Drop In Classes.

  • Course: A set number of classes spread over a set period of time. Usually Adult courses.

  • Class Pass: Preferential pricing plans for our members.

Cancellations/Rescheduling/Make Up for Drop In Classes:​​​

  • Any cancellations or rescheduling must be done at least 8 hours before the start of scheduled class. 

  • If you do not have a Class Pass, you must contact us to reschedule a class as the credit will not automatically be returned to your account.

  • Once the class has started, there will be no make ups for whatever reason we may be stopped.

 

Class Passes:

Become a member by setting up an account on the website or Fit by Wix app. Members can purchase Class Passes and easily manage their bookings via their accounts.

  • A credit will automatically be returned to your account if you cancel a class.

  • You have the option to reschedule classes.

  • You can use your Class Pass to book for multiple people - friends or family

  • You may transfer your Class Pass to another, but we will not handle any monetary transactions.​

  • There will be no refunds upon purchase for whatever reason. 

  • There will be no extensions on use by dates.​​

Cancellations/Rescheduling/Make Up for Courses:

  • Courses are booked in full for the duration specified.

  • We do not offer refunds for classes you cannot attend during the course period.

  • Upon discretion, we may offer one make up class on another course of the same level.

  • No refunds will be given for course cancellations within 72 hours of the course starting.

Private Classes​​

  • Any incurred admission/parking fees and such like will be charged to the student(s)

  • Private lesson packages can be shared amongst family & friends at the same location only.

  • All private lesson packages must be used within 6 months of purchase.​

  • Cancellations and rescheduling must be done at least 8 hours before the lesson is due to start else it will be charged. 

  • Where there is more than one student in the lesson, no make up lessons or refund will be given to an individual if they cannot attend a scheduled lesson.

  • Should the pool be closed upon arrival of the coach we are unable to provide any refunds/make up classes/rescheduling of classes.

Cancellations made by us

  • Should any cancellations need to be made my us we will endeavour to contact students and/or their parents as soon as possible via email or text.

  • A Class Pass credit will be reimbursed to your account.

 

Refunds​

  • Should any refunds need to be made for whatever reason, an administration fee of $300 and any processing fees charged by 3rd parties will be charged. Package prices will be recalculated as single lesson prices.

Photos​

  • Photos taken during class may be used by Alison Tam Swimming. If you have any objection to a particular photo please let us know!

Weather Related​

  • Classes will only be cancelled if the pool is closed. For Drop In Classes, a session credit will be reimbursed to your account for future use. For Courses, the class will be rescheduled. 

  • Should the class have already started before the pool is closed, no reimbursement will be made.

  • Public pools are only closed when the Black Rainstorm warning or Typhoon 8 is hoisted.

  • For private residential pools it depends on the individual pool's rules. We will communicate via the private  WhatsApp chat group.

Waiver Agreement

GOLD DUST LTD, PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION (PLEASE READ THIS DOCUMENT CAREFULLY, BY PARTICIPATING IN OUR LESSONS, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR’S LEGAL RIGHTS)

 

In consideration of being allowed to participate in the services and activities, including, but not limited to, private/semi-private swim lessons and aqua-aerobics (collectively “ACTIVITIES”), provided by GOLD DUST LTD, and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “GOLD DUST LTD”), I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge GOLD DUST LTD on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf as follows:

 

(1) RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge GOLD DUST LTD and agree to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by GOLD DUST LTD, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of GOLD DUST LTD.


(2) INDEMNIFICATION: I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by GOLD DUST LTD, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments GOLD DUST LTD incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to GOLD DUST LTD and/or any and all other persons and entities acting in any capacity on behalf of GOLD DUST LTD.


(3) ATTORNEYS’ FEES: I promise to indemnify GOLD DUST LTD for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of GOLD DUST LTD, pre- judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.

  

(4) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit GOLD DUST LTD, whether at the current location or any other location or facility.


(5) VENUE/GOVERNING LAW: I agree that this agreement shall be governed by the laws of Hong Kong Special Administrative Region (“HKSAR”) and I hereby submit to the exclusive jurisdiction of the courts of the HKSAR with respect to all matters relating to this agreement. (7) In the event of any discrepancy between the English version and Chinese version of this agreement, the provisions of the English version shall prevail.

 

By participating in our lesson(s), I understand that I may be found by a court of law to have forever waived my and my child(ren)/ward(s) right to maintain any action against GOLD DUST LTD on the basis of any claim from which I have released GOLD DUST LTD and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. 

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