ENROLLMENT + FEES
All places are allocated on a first-come-first-served basis. Register using the relevant online booking page via www.floatplus.hk
If you have attended swim classes for the previous term, you have the priority option to join the following term. You will however need to notify us in writing or sign up using our online registration page to confirm your next term’s place. If you fail to contact us within the required date or time period, your class space may be released.
In the event that a class has to be cancelled by FloatPlus, we will use our best effort to give you a notice of cancellation at least one hour before the class time. The cancellation notice may be sent by email, text message, or WhatsApp message. If you are unsure whether a class is cancelled, please call your relevant club/venue, or contact FloatPlus for more information.
If classes are cancelled because of adverse weather conditions or transport or access issues, we will still charge the full class fees - no rebates, refunds, credits, or make-up classes will be given.
If the swimming pool is closed due to faecal contamination, it may be closed for several hours. No refund, credit, or make-up will be provided.
If the pool/venue is closed due to an epidemic emergency such as flu, Coronavirus, SARS, or similar that results in cancellation of classes, fees will not be refunded or credited.
Note that failure to attend a class, for any reason, does not absolve you from payment for that class. Failure to attend classes due to personal activities, for example, parties and holidays, does not absolve you from being charged.
The use of mobile phones to photograph and/or video students in or around the poolside by attending parents/guardians is strictly prohibited.
You must always accompany your children, and they must not be left unattended at the poolside or changing facilities.
WEATHER PROTOCOL
In the event of bad weather, classes may be cancelled due to:
Where possible, classes will resume 2 hours after the lowering of the Black Rainstorm Signal or Typhoon Signal 8 as long as the venue is cleared to open up.
WITHDRAWAL FROM GROUP/PRIVATE CLASSES
Members and non-members/guests participating in group classes are required to give one month's notice, or payment in lieu, if wishing to terminate whilst enrolled in the term swim lessons or holiday camps.
If, however you or your child/children have contracted a serious illness or a permanent physical incapacity that restricts them from participating for the term, you can cancel your classes by telling us in writing/email, together with the medical proof.
If you cancel classes during the relevant term or if you want to cancel your classes for your convenience during the term of this agreement, you will be charged an amount equal to four classes and guest fees, where appropriate, from the balance of your fees for remainder of the fixed term of your agreement.
Where dates of absence/notice of classes to be missed is received before the start of the relevant term, no fees will be charged for those dates subject to FloatPlus’ approval.
PRIVATE CLASSES
Where notice to cancel a single class is received less than 24 hours before the scheduled class, the full class fee will be charged.
Where notice to cancel a single class is received more than 24 hours before the scheduled Class, then the following Administration Fee will be charged:
Where more than half of the classes in a term are cancelled by the client, FloatPlus has the right to charge a full amount to future classes whether the student turns up or cancels.
If you wish to terminate Private or Semi-Private Classes after the term has started, you are required to give two weeks’ notice, or payment in lieu.
Students joining after a term, or a course has commenced, will be charged on a pro-rata basis for the remainder of the term provided if space is available.
HEALTH + SAFETY
You must not participate in a class if:
GENERAL
FloatPlus may take photos, films, videos or audio recordings of clients and members attending the class for promotional purposes. These will not be shared with third parties.
The activation of the ring-tone in certain Club areas may be prohibited.
Venue rules apply to everyone attending the venue or participating in a class. They are usually displayed in the reception area of the respective clubs. The venue rules form part of this agreement so you must make sure you read, understand, and follow them at all times.
If you break any of the Club/venues rules, we will respond in a way we consider fair and appropriate. If your breach causes us or another person costs, loss, or damages, you agree to pay for these to the full extent.
If you behave in a dangerous or seriously inappropriate way, for example, if you threat or harass others, damage equipment, distribute or use illicit substances, or train other members without our authorisation, appropriate action will be taken. For example, you or your child’s participation may be immediately suspended or cancelled, you may be banned from joining any classes and/or we may refer the matter to appropriate authorities.
If you or your children’s conduct causes us or another person to suffer from any loss or injury, you agree to pay these costs, losses, or damages to the full extent.
OUR LIABILITY
By attending classes, you agree, to the maximum extent allowed by law, to exclude or limit our liability to you for death or injury, loss or damage of any kind suffered by any person or property from your swimming or use of the Venues, whether or not it has resulted from our negligence.
You acknowledge and agree that participating in learn-to-swim, swimming training, is an activity that may not be suitable for all persons. Improper actions inside and around the swimming pool decking or a failure to follow instructions from an instructor may result in injury or death.
For your health and safety and the health and safety of other clients or members, you must ensure that you comply with any direction given to you by an instructor or any other venue staff of the facilities.
You agree to give us all relevant personal and health information both before and during the course of any swimming programs or other activity. You also agree to update us if any details have changed.
You warrant that all information you give us will be true and accurate and not misleading in any way.
FloatPlus, its agents and employees shall not be liable to you, parents/guardians or authorised third parties attending classes, whether in contract, tort or otherwise, for any loss, damage, injury, or death howsoever caused or arising out of or in connection with the performance of this Agreement or the use of the venue, to the maximum extent allowed by law.
Nothing in this agreement excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights, or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this agreement, all implied terms, conditions, warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded. We are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law so far as permitted by laws. This does not exclude our liability for gross and reckless negligence and misconduct.
In place is insurance that may provide limited cover to you or certain third parties whilst attending our classes. You understand that this insurance may not cover you for all injury, loss or damage sustained, and you acknowledge that FloatPlus does not make any representations about the suitability of any insurance. You also understand you can, in your own interests and at your own expense, seek and obtain personal insurances over and above any cover that may be provided by FloatPlus.
In so far as FloatPlus be liable on any grounds, the maximum liability of FloatPlus is limited up to HKD10,000 per event.
GENERAL LEGAL MATTERS
We are not responsible if clients/members cannot use our facilities because of an event caused by a natural force (such as protest, typhoons, severe weather, fire or flood) or a road or building closure or something similar beyond our reasonable control.
If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted, and this does not invalidate the rest of this Agreement.
If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
You agree that we have not made any representations or promises that you have relied on that are not in this Agreement.
The Hong Kong SAR law in which this Venues are located applies in relation to this Agreement.
RELEASE OF LIABILITY:
Despite all known and unknown risks, I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s),accept and assume such risks and hereby expressly and voluntarily remise, release, acquit, satisfy, and forever discharge 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, losses, 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 FloatPlus, whether the action arises out of any damage, loss, personal injury, or death to me or my minor 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, personal injury, or death is a result of any act or omission on the part of FloatPlus.
INDEMNIFICATION:
I hereby agree to defend, fully indemnify and hold harmless FloatPlus and all other persons and entities acting in any capacity on behalf of FloatPlus from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by FloatPlus, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments FloatPlus incurs in relation to or arising from the event that I or my minor child(ren)/ward(s) cause any injury, damage, and/or harm to FloatPlus, in breach of any provision in these T&Cs or breach of representation and warranty that you have given to FloatPlus and/or any and all other persons and entities acting in any capacity on behalf of FloatPlus. I hereby further agree that my obligation to indemnify FloatPlus shall survive the termination of this Agreement and extends to consequential losses such as requiring the pool to be cleaned, leading to a cancellation of classes, and a loss of income as far as it is consistent with the laws.
SUSPENSION / REVOCATION:
I understand and agree that FloatPlus has the right, in its sole discretion, to suspend or revoke my and/or my minor child(ren)/ward(s)’ right to participate in the activities for disciplinary reasons.
PERSONAL DATA:
I understand and agree that the personal data about me and my minor child(ren)/ward(s) collected by means of this agreement will be used by FloatPlus in connection with organizing the activities, and will only be retained for as long as it is necessary to fulfil such purpose, unless the personal data is also retained to satisfy any applicable statutory or contractual obligations.
In consideration of being allowed to participate in the services and activities, including, but not limited to, water polo, swimming, diving, ball throwing, and any other amusement activities organised by PALLISTER LIMITED trading as FloatPlus and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, and any and all other persons and entities acting in any capacity on its behalf, I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree to forever release, indemnify, hold harmless and discharge FloatPlus on behalf of myself, my minor child(ren)/ward(s) and our respective present and/or future, spouse, legal partner, children, parents, guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me, my minor child(ren)/ward(s) or act on our respective behalf as follows:
ACKNOWLEDGEMENT:
I fully understand and acknowledge that: (a) there are risks and dangers associated with participation of the activities which could result in physical injury or death; (b) the social and economic losses and/or damages, which would result from these risks and dangers described herein, could be severe; and (c) there may be other risks not known to me and/or my minor child(ren)/ward(s) or are not reasonably foreseeable at this time. I also acknowledge and voluntarily assume full responsibility to assess my and/or my minor child(ren)/ward(s)’ level of fitness and general health (including where appropriate consulting my physician or doctor) and I confirm that I shall always retain all control and direction over my and/or my minor child(ren)/ward(s)’ activities.
VENUE/GOVERNING LAW:
I agree that this agreement shall be governed by the laws of Hong Kong Special Administrative Region and I hereby submit to the exclusive jurisdiction of the courts of the HKSAR with respect to all matters relating to this Agreement.
By signing this agreement, I understand that I may be found by a court of law to have irrevocably waived and agreed that my and my minor child(ren)/ward(s) right to maintain any action against FloatPlus on the basis of any claim from which I have released FloatPlus and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire Agreement and consult with legal advisers 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.
BY SELECTING THE CHECKBOX, I AGREE TO THE TERMS & CONDITIONS OF FLOATPLUS SWIMMING.
