Terms and Conditions

SWISH! Swimming (“Swish”) is managed and operated by Soul Swim Pte. Ltd. (“SSPL”), a company incorporated in Singapore under registration number 201412382R, with its registered office at 72 Loewen Road #01-08, Singapore 248848 (“Loewen Gardens”).

Please read these terms and conditions (“T&Cs”) carefully before subscribing to our services.

By enrolling your child or ward in our classes, you represent and warrant to Swish:

You are the legal parent/guardian of the child/ward, or are duly authorised by the legal parent/guardian of the child/ward to enrol the child/ward in our classes.
You have the capacity and power to enter into, exercise your rights, and perform and comply with your obligations under these T&Cs, and to procure the same of your child or ward.
The information provided by you in this form is true and accurate, to the best of your knowledge and belief.
You and your child or ward agree to be bound to these T&Cs, including any additional terms, conditions, and policies referenced in these T&Cs.

Class Matters

1. Class Profile and Size

Swish provides swimming classes for children from the age of 4 months. There will be a maximum of 5 children per group class (depending on the students’ respective confidence and ability levels). *this may change due to Covid 19 restrictions*

2. Attire, Timing and Venues

Please make sure your child or ward is dressed in the appropriate swimming attire and ready for class 5 minutes before it is scheduled to begin. All classes start promptly on the hour or half hour, unless otherwise notified. Classes will take place at either:

Swish Hub (Indoor and Outdoor (Sheltered) Pool
72 Loewen Road
#01-08
Singapore 248848

Swish Aqua Studio Pool (Outdoor Pool)
27a Loewen Road (located inside the Core Collective CarPark beside Baker & Cook)
Singapore 248839

Swish Laguna Pool (Outdoor Pool)
75D Loewen Road (located opposite Invictus International School)
Singapore 248854

3. Hygiene

All pool users are required to take a shower before entering the pool. This is a requirement by the National Environment Agency (NEA). All students and parents/guardians who are entering the pool are required to adhere to this rule strictly.

All pools are checked regularly to ensure that the pools are kept clean. To reduce contamination, please ensure that your child or ward wears a swimming nappy if he/she is not fully toilet-trained. The swimming nappy can be a disposable swimming nappy or a reusable swimming nappy. For children or adults with long hair entering the pool, please ensure that the long hair is tied back.

Students suffering from vomiting, diarrhea, fever, or who are or have been unwell in the 48 hours prior to class will not allowed to attend class. Parents/Guardians must ensure that their child or ward has been well for at least the 48 hours prior to their swimming class.
In the event that an incident happens in the pool due to your child or ward’s actions which contaminate the pool and require us to close our pool and facilitate deep cleaning, you will be required to pay:

1) Deep clean of pool: $500
2) Lesson cancellation fee (for all classes cancelled due to the deep clean): $1500
TOTAL: $2000.00

Furthermore, after the incident, your child or ward must wear a swimming nappy for all their lessons going forward.

4. Forfeiture of Class

Swish, SSPL and its respective directors, employees, associates and/or agents (“Relevant Personnel”) reserve the right to prohibit any child who is not appropriately dressed for class, or who otherwise fails to comply with any of the provisions in the foregoing clauses 2 or 3 of these T&Cs, from entering the pool.

You and your child or ward will also be prohibited from entering the pool if you are unable to supervise him/her in accordance with clause 7 of these T&Cs or by reason of your failure to comply with the foregoing clauses 2 or 3 of these T&Cs.

In the event of your child or ward being prohibited from entering the pool, your child or ward will be deemed to have forfeited the class in question, and no make up class will be offered. Swish will not refund fees for any class forfeited under this clause 4.

5. Lightning/Rain Policy

In the event of rain, lightning, thunder, or any combination of the foregoing, the instructor may in his or her absolute discretion cancel the class. Such a decision may be made before or during the class.

The instructor may, in his or her absolute discretion, decide to continue with the class if the rain is light, and there are no reports of thunder or lightning within the Dempsey Area.

Classes will be halted immediately if there are reports of lightning strikes in the Dempsey area. In the event that lightning strikes lead to the cancellation of a class, we will allow a makeup class, if the class is cancelled within the first 15 minutes.

In determining whether there have been reports of thunder or lightning in the Dempsey area, Swish shall be entitled to take reference from the NEA-MSS Lightning Alert website. This website may be visited at: http://www.weather.gov.sg/lightning/lightning/lightningalertinformationsystem.jsp.

6. Disruptive Behaviour

In the event of any child exhibiting disruptive behaviour during class, the instructor will apply the following rules:

The instructor will ignore disruptive behaviour and concentrate on children who are behaving. Where a child is not listening, the child will be asked to focus on the instructor, and to listen.
If the child’s behaviour does not improve, the instructor will give the child a verbal warning, explaining that if his/her behaviour does not improve, he/she will be asked to leave the pool.
If the child’s behaviour does not improve after the verbal warning, the instructor will put the child on a ‘time-out’ at the side of the pool for 1-5 minutes, depending on the child’s age and severity of the disruptive behaviour.
On returning to the pool, and if the child’s behaviour does not improve, the child will be asked to leave the pool for a second ‘time-out’.
On returning to the pool for a second time, and if the child’s behaviour still does not improve, the child will be asked to leave the class.
If the child exhibits dangerous behaviour, or is verbally abusive, the instructor may in his/her absolute discretion require that the child leaves the class.

7. Adult Supervision

Parents/Guardians must supervise their child or ward at all times. This duty includes ensuring that their child or ward is in their direct line of sight and that younger children are within an arm’s length of reach when in the pool. Parents/Guardians should keep watch of their child/ward before, during and after classes, regardless of whether their child/ward is in or out of the pool.

If you have to assist one of your children but also have other children to attend to, you should ask another parent/guardian who is present to supervise your other children whilst you attend to one child. If you are in the pool with your baby and you have another child by the side, please ask another responsible adult to supervise your child.

8. Make Up Classes

We are focused on providing the best swim lesson experience possible. When you enrol your child at Swish Swimming, your lesson time is held exclusively for your child each week. You are paying to secure your child’s lesson/class, not for their attendance. The consistency of attending your scheduled lesson/class time is one of the keys to your child’s swim journey with us.

There is a limit of 1 makeup class per month at Swish Swimming. The makeup token will only be valid for the current month of absence. If you are requesting a makeup token for the last lesson of the current month then the validity will be for 7 days only (first week of the following month).

If a class is cancelled due to a facility related emergency or inclement weather such that Swish needs to cancel the class) we will issue a further makeup token (this does not affect your 1 x token allowed to be issued) and the validity will be for the current month only.

In order to qualify for a makeup lesson your child must currently be enrolled in classes at Swish Swimming. Cancellation of enrollment will lead to a forfeiture of ALL unused makeup swim lessons in your account. To qualify for the makeup class you must Whatsapp (98322522) or email the Customer Service team admin@swishswimming.com up to 2 hours prior to the class.

SPECIAL NOTES

Missed makeup lessons cannot be made up/rescheduled or carried over to the subsequent month.
We cannot guarantee that missed Private or Semi-Private lessons can be made up in Private or Semi Private classes (we can offer group classes).
If we have to cancel a lesson we will try our best to have the class covered by another coach so there is no need for you to cancel the lesson as it is not your normal coach (if you cancel your lesson and we have a cover coach this will be classed as your 1 makeup token for the said month.
If your child misses his/her swim lesson for 3 consecutive weeks, without verbal communication to Swish Swimming as to the reason for the absence, Swish Swimming reserves the right to permanently cancel your child out of the lessons.

9. Changing Class Time and Venues

If you wish to change your child or ward’s class time or venue, please head directly to the Customer Portal and make the transfer here (https://bit.ly/37dqPNx)

10. Holidays

There will be no swimming classes on Singapore public holidays (“Public Holidays”). Classes falling on Public Holidays will be rescheduled at our sole discretion. A list of Public Holidays can be found at http://www.mom.gov.sg/employment-practices/public- holidays.

11. Enrolment Cancellation Policy

We require notice of any cancellation of enrolment to be communicated to us via email at least 2 weeks prior to the end of the current month enrolled into. Such notice must be sent to our email address at admin@swishswimming.com

12. Medical Conditions

By enrolling your child or ward for classes, you represent that your child or ward does not suffer from any disability, condition or illness that will in any way affect his/her ability to swim.

Parents/Guardians must declare any disability, condition, or illness affecting their child/ward to Swish, regardless of the severity of such disability, condition, or illness. Such declaration must be made prior to enrolment, or if the disability, condition, or illness arises after enrolment, immediately upon its discovery. Such declaration must be in writing and emailed to us at admin@swishswimming.com.

After carefully reviewing your declaration, we will, in our absolute discretion, decide whether your child or ward is capable of undergoing swimming classes at Swish.

Parents/Guardians are responsible for ensuring that their child or ward is medically fit to swim and to undergo physical activities.

13. Sickness

Please do not bring your child or ward to swimming class if he/she is sick. Sicknesses include, but are not limited to, Hand Foot Mouth Disease, chicken pox, any type of ear infection, conjunctivitis, diarrhea, vomiting, common flu and Covid 19. Please ensure that your child or ward has been well for at least the 24 hours prior his/her swimming class.

14. Prolonged Sickness

If your child or ward has been diagnosed with an illness or ailment and is expected to be sick for a prolonged period, you should notify us at admin@swishswimming.com as early as possible. We will endeavour to offer make up classes to your child or ward within the same month if possible – this is subject to availability.

If no make up classes are available, we may consider other options in our sole discretion, but have no obligation to offer more than 1 make up class per month, or any refunds.

15. Video and Photography

You may record videos or take photographs of your own child or ward, but you may not record or take, or cause or permit any other third party to record or take on your behalf, pictures of any other children on the Swish premises, without the prior consent of their parents/guardians.

You may not upload onto the internet or any social media any videos or photographs of children on the Swish premises (other than your own) or otherwise distribute such videos or photographs, without the prior consent of their parents/guardians.

In addition, you are not allowed to record entire lessons for any reason whatsoever and cannot upload such videos or any part thereof on the internet or any social media.

You agree to indemnify Swish, SSPL, and the Relevant Personnel against any claims arising from your breach of this clause 15 or any breaches committed by third parties authorised by you.

Swish maintains 24 hour CCTV recording facilities at its locations for security and safety operational purposes and will use these recordings as they deem fit.
Safety Matters

16. Pool Safety and Code of Conduct

The following rules must be adhered to strictly at all times;

Noise is to be kept to a minimum to avoid distracting the children undergoing classes in the pool.
Always wait for the instructor to ask you to enter the pool.
Before entering the pool, please allow children from the previous class to exit the pool.
No running around the pool area.
Be attentive and adhere to instructions given by the instructor at all times.
Take care of and do not damage any pool equipment.
Going underwater impairs children’s ability to listen to instructions. For safety reasons, children should not go underwater unless the instructor asks them to do so.
Keep your hands and feet to yourself, we don’t know where they have been!
You are not allowed to solicit our instructors to conduct swim classes outside of the purview and control of Swish or outside Swish premises. You are also not to solicit the students in our classes to attend any swim classes outside of the purview and control of Swish or outside Swish premises.

17. Our Instructors’ Qualifications

All our instructors are certified by the Australian Council for the Teaching of Swimming and Water Safety (“AUSTSWIM”).

All our instructors have undergone the basic AUSTSWIM course. Most of our instructors have also undergone (or are currently undergoing) the AUSTSWIM Teacher of Infant and Preschool Aquatics course, and other such extensive courses.

18. First Aid

All our instructors have undertaken first aid courses. If you, your domestic helper, or your child or ward would like to take a first aid course, please let a member of the Swish team know.
Administrative Matters

19. Fees

All classes are charged at $36 per class on weekdays, and $38 per class on weekends. Payments will be debited monthly in advance – with any public holidays already deducted. Non-payment will result in a forfeiture of your allocated class slot(s). The slot(s) may, at our absolute discretion, be re-allocated to other existing clients or prospective clients on the waitlist.

Billing is by the month by direct debit (before the subsequent month)

There shall be no refund of any fees paid for any reason whatsoever.

20. Payment is by Direct Debit

21. Facilities and Equipment

We provide facilities such as private changing rooms and public toilets/showers at all pools.

All students are required to bring their own swimming essentials for all classes. These items include swimmers, swimming nappies (if necessary), towels, goggles, sun-block, and repellent etc.

22. Exclusion of Liability and Indemnity

All participants will participate at their own risk to themselves and any items that you are bringing into Swish premises are at your own risk.

Swish, SSPL, and their respective Relevant Personnel will not be responsible or liable for any loss or damage suffered by students, parents/guardians or authorised third parties attending classes. This includes personal injury, illness, and/or loss or damage to any property, arising either directly or indirectly from their attendance and/or participation in the classes.

By attending classes, you agree to waive all claims or causes of action in law or equity that you or your child or ward may have against Swish, SSPL, and each Relevant Personnel, subject to the rest of this clause 22. This waiver extends to any injury, loss or damage of any kind suffered by any person or property, or in relation to the matters arising from or in connection with:

The condition of the premises within which classes are conducted either before, during or after classes;
The management of the premises and the manner in which classes are conducted (including safety measures put in place by Swish), before, during or after classes;
The use or misuse of equipment by you, your child, ward, or any other authorised third party present either before, during or after classes;
The conduct or behaviour of any student, parent/guardian or authorised third party in attendance either before, during or after classes.
Any pre-existing medical condition of the child or ward (whether declared or not) to Swish, SSPL, or any Relevant Personnel,(each of the foregoing being a “Relevant Matter”).
Nothing in these T&Cs shall exclude or limit the liability of Swish, SSPL, or any Relevant Personnel:
For death or personal injury caused by its negligence;
For fraud or fraudulent misrepresentation by it; or
For any matter which would be illegal for it to exclude or limit, or attempt to exclude or limit, liability.

You further agree to indemnify and keep indemnified Swish, SSPL and the Relevant Personnel against all costs, losses or damages arising from or in relation to a Relevant Matter to the extent you or your child or ward is in default or negligent, any breach by you of any provision in these T&Cs or breach of representation and warranty that you have given to Swish, SSPL, or any Relevant Personnel. This indemnity extends to consequential losses such as requiring the pool to be cleaned, leading to a cancellation of classes, and a loss of income. This indemnity will apply as far as it is consistent with the laws of Singapore.

23. Swish has absolute discretion

Swish, SSPL and the Relevant Personnel reserve the right to exercise its respective absolute discretion in prohibiting any child or ward from attending class if it deems that there has been a breach of clauses 2, 3, 6, 7, 12, 13, 14, 15, or 16 of these T&Cs (“Relevant Clauses”) , whether the breach is committed by the child, ward, or his/her supervising parent/guardian, where applicable.

24. Contracts (Rights of Third Parties) Act

These T&Cs are intended to confer benefits on and be enforceable by SSPL and the Relevant Personnel. Save as otherwise provided, a person who is not a party to these T&Cs has no right under the Contract (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms. The consent of SSPL and the Relevant Personnel is not needed for any variation or rescission of these T&Cs

25. Foreseeable consequential losses

You agree that in the event of any breach of a Relevant Clause, it is foreseeable and expected that Swish and SSPL could (i) have to close the pool, (ii) be unable to conduct classes and hence suffer losses of income, make refunds, or provide make up classes, or even face claims for cancellation of classes, and (iii) incur expenses to clean the pool or repair damaged property. You agree and acknowledge that such losses and claims are expected and foreseeable.

26. Changes to T&Cs

Swish reserves the right to update the T&Cs as stated on this page from time to time. We will notify you if they do change and direct you to our website for an updated version.