Above the Clouds

Participation and payment of lesson confirms your agreement and compliance to our

Terms & Conditions and Waiver Agreement

Terms & Conditions

 

Cancellations, Rescheduling and Refunds:

  • Drop In Classes: Cancellations or rescheduling must be done at least 12 hours before the class is due to start to avoid being charged.

  • Scheduled Classes (a set of reoccurring lessons for a definitive period of time): Cancellations made within 72 hours before the first lesson is due to start are entitled to a 40% refund of fees. We do not offer any refunds for students that miss lessons due to illness, injury, personal scheduling conflicts or such like once. Make up classes may be offered at discretion. 

 

Class Confirmation:

  • Your class/lesson/course can only be confirmed upon timely payment of invoice. We cannot hold places.

Make Up classes:

  • We do not offer any make up classes for students that miss class due to illness, injury, personal scheduling conflicts or such like. However, if a space is available in another class of the same level, such a student may join.

Drop In Class Pricing Packages​:

  • Can be used for Drop In Classes only. 

  • Deadlines are hard.

  • No refunds except for those made in error - please note that you will need to pay any transaction fees charged to us.

  • Can not be exchanged for term time classes.​

 

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 members only

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

  • For private group classes: in the event that a single member misses class, due to illness, injury, personal scheduling conflicts or such like, but the scheduled class takes place for other members, we cannot offer any refunds or make up 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.

  • We will offer participation in another class or a full refund for that lesson.

 

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!

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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Hong Kong Island