DSA PROGRAMS GENERAL
TERMS & CONDITION OF SERVICE
DSA
In these Terms and Conditions, “DSA” means D Swim Academy Sdn Bhd, and “Management” means the management of DSA; and “loss or damage” includes economic, direct, indirect and consequential loss.
Acceptance of Terms and Conditions
You and the child/children/student/swimmer in your custody and/or care and/or control (hereinafter referred to as “You”) who attend DSA programmes (hereinafter referred to as “Lesson”) agree to be bound by DSA terms and conditions as set out in this agreement and the Rules in DSA’s Notice or Handbook (“hereinafter DSA Agreement”) and will form a binding contract between You and DSA. DSA reserves its rights to amend the DSA Agreement from time to time and impose any additional Rules from time to time as it deems fit.
Charges
DSA reserves its rights and at its sole discretion to change the opening and closing hours, services, instructors, facilities, fees from time to time. In such circumstances, DSA and/or the Management will either give you advance oral and/or written notice of such changes.
DSA reserves the right to, from time to time, in DSA’s sole discretion, amend its terms and condition at any time. Any such amendment will be effective upon DSA’s web-publishing of the notice on its website. It is your responsibility to regularly check DSA’s website at www.dswimacademy.com for all such amendments where the amended terms will be binding on you.
Difference in Terms and Conditions
The DSA Agreement constitute the entire understanding between the parties to the exclusion of any prior negotiation(s), communication(s), representation(s), undertaking(s) whether made oral or in writing.
The terms and conditions of the DSA Agreement shall apply notwithstanding any contrary information communicated to You by DSA and/or the Management save and except a written confirmation from DSA and/or the Management waiving any terms and conditions of the DSA Agreement.
Registration Form
No registration will be accepted without the execution of the DSA Agreement.
Registration Fee
A registration fee per student will apply to all new registrations and re-enrolments after 6 months.
Term Dates
The term dates are determined by DSA and/or the Management and are subject to change at the sole discretion of DSA and/or the Management.
Arrival
You are advised to arrive 15 minutes earlier before the Lesson and verify your attendance at DSA reception.
NO STUDENT CARD, NO LESSON POLICY. A replacement student card will be issued for a fee of RM20.00.
Please be prompt for lesson. Lesson time will be forfeited due to tardiness and will not be made up and/or replace.
It is your responsibility to mark your attendance each time You attend the Lesson.
Participation
Your payment of Lesson fees allows You or the nominated child in your custody and/or care and/or control (“Participant(s)”) to participate in the Lesson that the Participant is enrolled for, according to the terms of this DSA Agreement. If You and/or the Participant(s) commits any breach of the terms and/or conditions of this DSA Agreement or break DSA’s rules in DSA’s Notice or Handbook Rules, DSA reserves it’s absolute discretion to cancel the Participant(s)’ Lesson.
Covenants
Upon execution of the DSA Agreement and during the duration of the Participant(s) Lessons with DSA, You agree and covenant to DSA that:
- the Participant(s) is in good physical condition unless you advise otherwise in writing;
- there is no medical or other reason(s) why the Participant(s) cannot take part in the Lesson unless you advise otherwise in writing with an official medical certificate;
- participating in the Lesson will not damage the Participant(s)’ health, safety, comfort or physical condition or that of others; and,
- You and the Participant(s) will use your best efforts to participate in a way that ensures not only your/ their safety but also the safety of others;
- You, your children and any other children you bring to the swimming pool will follow the general swimming pool rules set out in the DSA Agreement.
- the terms and conditions of the DSA Agreement shall be strictly adhered and complied with at all times.
- You must inform us in writing about any matters that can or may affect the Participant(s) which will either directly or indirectly affect their participation in the Lesson, including but not limited to the health of the Participant(s).
- Further, any changes to your contact details such as postal address, email address and phone numbers must be communicated in writing to DSA and/or the Management.
- You shall not at any time whatsoever either during and/or after the expiry of the Lesson and/or the termination of this DSA Agreement cause and/or solicit, engage, hire, appoint, contract with any of DSA's employee and/or coaches without prior written consent from DSA for the any purpose whatsoever and/or in direct conflict with DSA's business activities including but not limited for the purposes of providing any swimming and/or aquatic lesson(s) or coaching of any kind either in private and/or part of a group for You and/or the Participants and/or any other persons. In this regard, you unequivocally agree and confirm that the breach of such covenant will cause loss and damage to DSA to which you agree and/or undertake to be liable for such losses and damage suffered and/or incurred by DSA.
Use pool area (and other areas) with care:
The pool area is only supervised during structured Lesson. DSA accepts no responsibility for You and the Participant(s) outside Lesson times. Participant(s) are not permitted to remain in the pool area after Lessons nor are You and the Participant(s) allowed into the pool prior to their Lesson commencing. Further, there is strictly no jumping, running, or diving allowed in the pool area and You must supervise the Participant(s) at all times. You and the Participant(s) must follow all rules, signs and any other directions from the DSA and/or the Management for your own safety and the safety of others in the pool area.
Take care of your health:
You and/or the Participant(s) will not use our pool and/or facilities if suffering from:
- an infection of any sort or kind, or
- an illness of any sort or kind, which may be contagious and may put other members at risk; or
- a physical complaint, such as (by way of example only) an open cut or other similar wound, or
- where there is any other risk, however small, to other members.
- You and/or the Participant are responsible for your own safety. DSA and the Management will not be responsible for any accident howsoever caused and whether fatal or other wise to You and/or the Participant(s).
Take care of DSA’s equipment:
You and/or the Participant(s) must use our facilities and equipment correctly according to their proper use. If You and/or the Participant(s) are unsure of how to operate any item of equipment, please speak to a DSA and/or the Management representative before usage.
Damage DSA’s facilities:
You are fully responsible for any loss and/or damage to DSA facilities caused by You and/or by the Participant(s), whether by negligence or otherwise. In this regard, You and/or the Participant(s).
Take care of your personal property:
You are to take full responsibility for your own and/or Participant(s) personal property and belongings at the DSA premises. In the event of such loss and/or damage You agree that DSA will not be responsible for the same and will not compensate You and/or the Participant(s) arising from such loss and/or damage.
Refusing entry:
If You and/or the Participant(s) break any of DSA and/or Management Rules or act in any way that is inconsistent with this DSA Agreement, DSA and/or the Management reserves its rights to refuse You and/or the Participant(s) from entering the Premises.,
Instant Cancellation or Termination / Rights of Refusal of Service
DSA reserves its right at its own absolute discretion to terminate this DSA Agreement and/or refuse its service for any Lesson without notice and assigning any reason. DSA further reserves its right to terminate this DSA Agreement and/or reserves its rights to require You and/or the Participant(s) to leave DSA's Premises without prior notice based on the following non-exhaustive instances:-
- You and/or the Participant(s) behave in a manner that DSA and/or the Management considers as inappropriate or carries a risk of injury and/or safety hazard and/or causes damage to You and/or the Participan(s), the other student(s)/swimmer(s), parent/guardian/DSA and/or Management staff(s) and/or employee(s) or to the DSA facilities;
- You and/or the Participant(s) acts in a way and manner that brings DSA into disrepute;
- You and/or the Participant(s) uses any foul language, disrespectful, rude, abuses, harass or threatens other student(s)/swimmer(s)/parent/guardian/DSA and/or Management staff and employees;
- You and/or the Participant(s) misuse or causes damage to DSA equipment or facilities or property;
- You and/or the Participant(s) use or in possession of illegal substance(s) or dangerous weapon(s);
- You and/or the Participant(s) failure to pay the Lesson fees on a timely manner;
- You and/or the Participant(s) cause or attempts to solicit, engage, hire, appoint, contract with any of DSA's employees and/or staff for private use and/or for any purpose whatsoever and/or operates any business on DSA's Premises without DSA prior written consent;
- You and/or the Participant(s) are in breach of DSA Agreement or fail to abide by the DSA Agreement and/or the rules set out in DSA's Notice or Handbook.
In such circumstances as stated above, DSA and/or the Management will not refund any sums paid or replace/makeup Lesson to You and/or the Participants.
Termination of Lesson by you:
In the event You wish to cancel or terminate any Lesson, You will be required to communicate the same to DSA or the Management by way of written notice forty eight (48) hours before the scheduled Lesson failing which You will be required to make full payment of the scheduled Lesson fee.
Filming / Photography / Audio / Communication Release
DSA and the Management shall be entitled as it deems fit to film or photograph You and/or the Participant(s) for promotional and marketing purposes for DSA business to which You and/or the Participant(s) may appear in any promotional or marketing material. By executing this DSA Agreement You agree to allow us to use images of You and/or the Participant(s), either in full or part, in conjunction with any wording or drawings, in any DSA publication, production and presentation, including but not limited to electronic / internet marketing materials for the purpose of promoting DSA and its programmes. You and/or the Participant(s) agree that the materials will and could still be used even after the termination and/or expiry of the Lesson.
Medical Treatment Authorisation
In the event of an emergency, You give your consent to allow DSA staff to perform any necessary treatment for You and/or the Participant(s), including (if necessary) to arrange for an ambulance for purposes to be brought to the nearest hospital for further treatment. You further agree that any expenses incurred by DSA and/or the Management arising from any injury shall be your responsibility and borne by You absolutely.
Inclement Weather
- Lesson may be suspended/cancelled due to “Lightning Risk Alert” as determined by the pool life guard, pool management, facilities management and/or DSA staff. No refunds will be given and replacement/make-up lesson is not guaranteed and shall be determined at the sole discretion of DSA and/or the Management. All replacement/make-up Lesson must comply with DSA’s “Replacement/Make-up Lesson Policy and Procedure”.
- Lesson will be cancelled if Air Pollution Index (API) reading is above 150 in which event Replacement / make-up Lesson will be made available. All replacement/make-up Lesson must comply with DSA’s “Replacement/Make-up Lesson Policy and Procedure”.
- Due to any unforeseen circumstances that are beyond DSA’s control, Lesson will be suspended and/or cancelled in which event no refunds will be given and replacement/make-up lesson is not guarantee and shall be determined at the sole discretion of DSA and/or the Management. All replacement/make-up Lesson must comply with DSA’s “Replacement/Make-up Lesson Policy and Procedure”.
Vehicle Access & Parking
There is no guarantee of vehicle access to the compound of the facility.
All vehicle must follow the rules and regulation of the facility at all times.
There is no parking facility provided by DSA. The parking facility is subject to the parking management’s rules and regulations.
The public parking space is based on a first come first serve basis. There will be no parking lot reserved or guaranteed.
Communication
Regular announcement and academic calendar will be published on the notice board at various sections of DSA centres and/or Facebook and/or website and/or whiteboard and/or DSA Swim Team website. You have the responsibility to read all announcements.
Customer Careline
1300 222 372 (Tuesday to Sunday from 9:00am to 6:00pm)
DSA Programs
Website: www.dswimacademy.com
Email: [email protected] / [email protected]
DSA Swim Team
Website: www.dsaswimteam.com
Email: [email protected] / [email protected]
Any feedback, please send email to: [email protected] or fill up an online feedback form at www.dswimacademy.com.
Release and Indemnity
You hereby declare that all particulars and details that have been provided are true and correct.
You acknowledge that swimming at any aquatic facility is or can be inherently, actually and / or potentially hazardous or dangerous and that mishaps, accident and injury (including death) can occur owing to poor physical fitness or condition, the acts or omissions of myself and/or others, equipment failure, wrong or poor technique, over-exertion or any other cause, whether foreseen or unforeseen. You voluntarily assume full responsibility for any risks of loss, property damage or personal injury, death that may be sustained as a result of being engaged in the Lesson.
You hereby release, waive, exclude and discharge DSA and all employees, volunteers, agents and officers thereof from and against all past, current and future liability, in negligence or howsoever, arising from any injury(ies), illness(es) or death(s) or loss(es) or damage(s) to property incurred and/or sustained by You or whilst in and/or at the premises of DSA.
You further agree not to institute any claim(s), demand(s), cause of action(s), proceeding(s), action(s) and/or allow any claim(s), demand(s), cause of action(s), proceedings (s) of whatever nature against DSA or the Management including any member(s), director(s), employee(s) volunteer(s), agent(s) thereof in respect and/or in relation to any matter(s) contained in the preceding paragraph.
In any event, You further agree to indemnify and shall keep indemnified DSA and/or the Management including any member(s), director(s), employee(s), volunteer(s), agent(s) thereof (“those Indemnified”) from, against and in respect to all liability(ies), loss(es), damage(s), cost(s), expense(s), claim(s), demand(s), action(s) suffered, incurred or brought against any of those Indemnified by any party arising from or relating to your breach of the terms and/or conditions of the DSA Agreement and/or arising from being engaged in the Lesson.
You further agree that this Release and Indemnity shall bind the member of your family and spouse (if any), your heirs, assignees and personal representative.
Insurance
You hereby agree that D Swim and/or the Management will not procure and maintain any insurance with respect to personal injury and/or death for You and/or the Participant(s).
DSA BABY & ME, LEARN TO SWIM, SPECIAL CARE, LEARN TO SYNCHRO, DLMY X DSA DIVING & OTHER SPECIALTY PROGRAMS
TERMS & CONDITION OF SERVICE
Payment & Lesson Fees
Lesson fees for the following term will be collected in advance on the last 2 weeks of the current term.
In the event payment for the next term is not received by the last week of the current term, You may not be allowed to attend your 1st Lesson of the following term and there is no guarantee that the assigned Lesson slot will still be available unless due to special circumstances with prior written approval from DSA.
The Lesson fee is NOT TRANSFERABLE and is valid for the particular DSA programme / activities only.
All Lesson must be completed within the validity period. Lesson will not be carried over to the following term.
No refund and no pro-rated Lesson fees of any sort.
Refund on unused future Lessons will be considered but not guaranteed in the circumstances that a swimmer is hospitalized, upon presentation of doctor’s letter. The refund application is granted at the sole discretion of the Management and no reason will be given for any refusal of refunds or replacement of Lessons.
Replacement / Make-up Lesson Policy & Procedure
DSA Lesson schedule is fixed and there will be no compensation, replacement or make-up lesson for absenteeism, late coming or cancellation of any sort.
Replacement / Make-up lesson due to illness, local school replacement, academic or co-curriculum activities upon presentation of a valid medical certificate or school letter will be considered but not guaranteed. Replacement / make-up lesson is granted at the sole discretion of DSA and no reason will be given for any refusal of replacement / make-up lesson.
Replacement / Make-up lesson are granted based upon the availability of slots. In the event that no slots are available for the placement / make-up lessons, the Lesson shall be forfeited.
If DSA cancels a lesson for any reason, replacement / make-up lesson arrangement will be made.
Replacement / Make-up lesson are granted based upon the availability of slots. In the event that no slots are available for the replacement / make-up lessons, the lessons shall be forfeited.
At any point of replacement / make-up lesson is granted, it is only granted to the affected student whose name is stated on the valid medical certificate or school letter. Siblings, family members or relatives are not entitled to the granting.
The granted replacement / make-up lesson must be arranged and used up within the grace period of 30 days from the missed lesson date otherwise it will be forfeited.
The granted replacement / make-up lesson can only be arranged at day and time out of the permanent lesson schedule of the student.
A confirmed replacement / make-up lesson’s booking cannot be changed and will be deemed forfeited if missed.
Make-up lesson bookings do not always secure your existing swim teacher.
For Baby & Me program, Replacement / Make-up lesson can be provided for the first 2 missed lesson in a term.
For the third missed lesson and onward in a term, You are subject to the terms of Replacement / Make-up Lesson Policy.
Temporary Deferring Lesson / Suspension of Lesson
You are only allowed to temporarily suspend the lesson for a minimum and maximum period of (1) term according to DSA’s academic calendar.
Deferment of lesson must be made before the first lesson of the desired deferment term. The term cannot be accepted for deferment if the student had attended the lesson of the term and the student will be required to make full term payment as usual.
You have to fill in and return the specific form for temporary deferment / suspension of lesson and payment for the continuing term must be made in advance before the start of the deferment term for the approval of the temporary deferment / suspension of lesson.
Request for Change of Lesson Schedule
You have to fill in the specific form if you wish to request a change in the Lesson Schedule.
Only upon written confirmation by DSA shall the new requested schedule be confirmed. Prior to that, if no written confirmation has been given to You, the original Lesson schedule will run as per normally scheduled.
Changing this Lesson schedule means your current slot will be released and arranged to the new slot requested.
Once the request is approved, You must commit to this new schedule for a minimum period of 3 months.
Request for change in less than 3 months’ time due to academic or co-curriculum activities upon presentation of a valid school letter can be considered but not guaranteed.
At any point replacement / make-up lesson is granted, it is only granted to the affected Participant(s) whose name is stated on the valid medical certificate or supporting document. Siblings, family members or relatives are not entitled to take the place of the affected Participant(s).
The granted replacement / make-up lesson must be arranged within 30 days from the missed Lesson date otherwise it will be forfeited after the 30 days grace period.
The granted replacement / make-up lesson can only be arranged at day and time out of the permanent Lesson schedule of the student.
A confirmed replacement / make-up lesson’s booking cannot be changed and will be deemed forfeited if missed.
A confirmed replacement / make-up lesson’s booking does not always secure your existing swim teacher.
Assessment & Progress
A program Assessor is available at to answer any questions You may have regarding the program or your child’s progress. Please do not hesitate to speak to them anytime at the pool deck.
DSA SQUAD, WATER POLO PROGRAM & RC X DSA TRIATHLON PROGRAM
TERMS & CONDITION OF SERVICE
Eligibility
You are not attached to nor representing other club/state or had already resigned from the former club/state when this form is signed and during the whole period with DSA.
The swimmer is required to apply and sign up to DSA Swimming Club before being accepted to sign up for DSA Squad Programs or any of its equivalent. The application to join DSA Swimming Club is subject to The Management’s approval.
The swimmer must represent no other than DSA’s swim clubs in all eligible swim meet that DSA’s swim club participates in.
The swimmer may represent his/her school and participate in inter-school swim meets only.
Payment & Lesson Fees
Lesson fees for the following month must be paid by the first week of the month or earlier.
In the event payment for the next month is not received by the 8th of every month, You may not be allowed to attend your lesson and there is no guarantee that the assigned slot will still be available unless due to special circumstances with prior written approval from DSA.
The Lesson fee is NOT TRANSFERABLE and is valid for the particular DSA program / activities only.
All Lesson must be completed within the validity period. Training will not be carried over to the following term.
Replacement / Make-up Lesson Policy & Procedure
No replacement will be provided for any missed Lesson session.
Temporary Deferring Lesson / Suspension of Lesson
You are only allowed to temporarily suspend the lesson for a minimum period of one (1) and maximum period of three (3) months.
Deferment of lesson must be made before the desired deferment month. Deferment will not be accepted if the student had attended the lesson of the month and the student will be required to make full month payment as usual.
You have to fill in and return the specific form for temporary deferment / suspension of lesson and payment for the continuing month must be made in advance before the start of the deferment month for the approval of the temporary deferment / suspension of lesson.
Request for change of Lesson Venue
You have to fill in the specific form if you wish to request a change in the Lesson Venue.
Only upon written confirmation by DSA shall the new requested time be confirmed. Prior to that, if no written confirmation has been given to You, the original Training time will run as per normally scheduled.
Notice
Any other notices and/or demands required to be issued and/or served pursuant to this DSA Agreement shall be in writing and sent to You by hand, SMS or emails to the last known contact number or email address. Where the service is affected by posting, the notice and/or demand shall be deemed to be properly served within 5 days of posting (which posting shall be evidenced by proof of posting) regardless of whether the notice and/or demand shall have been actually received by You.
Waiver
The failure of DSA to enforce at any time or for any period any one or more of the terms or conditions of this DSA Agreement shall not be a waiver of them or of the right at any time subsequent to enforce all terms and conditions of this DSA Agreement. Knowledge or acquiescence by DSA of or in any of the terms, conditions or covenant herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, DSA shall be entitled to exercise its rights under this DSA Agreement and to require strict performance of the terms, conditions and covenants herein.
Severance
If any one or more of the provisions contained in this DSA Agreement shall be invalid, illegal or unenforceable in any respect under the Law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
Governing Law and Jurisdiction
This DSA Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Parties hereby agree to submit to the exclusive jurisdiction of the courts in Malaysia.
