HEALTH and SAFETY / TERMS and CONDITIONS / THE AGREEMENT
Below is the following that clients have read and agreed to before participating in any activities, class or classes or workshops and includes:
(1) Health and Safety
(2) FloatPlus Terms and Conditions
(3) The Agreement
HEALTH AND SAFETY
The 'Health Code’ will guide our best practice standards to provide appropriate levels of safety to clients, staff and Management within each facility. FloatPlus Directors, management and staff aim to provide a sensible and safe response to the community and to minimalize and mitigate the risk of the potential spread of Covid-19.
The following health protocol measures have been laid out to guide swimming clients, coaches and staff in adhering to industry best standards.
(2) FLOATPLUS TERMS and CONDITIONS for FACILITIES
Agreement means this agreement, comprising of the class dates, costs and the Terms and Conditions.
Administration Fee means any administrative costs incurred by us in regard to cancelled classes.
Biller means FloatPlus or Membership clubs or payment service PayPal that processes payments of class fees or alike.
Cancellation Fee means an amount equal to two weeks Private Class fees arranged, or amount equal to four lessons or one month fees in regard to Group Class fees.
Class, Classes Lessons or Workshops means a swimming class or classes conducted at a venue by FloatPlus Instructors, Coaches or affiliated staff.
Details means the details of your classes, as set out in the Online Registration System which pertain to class level, class time, class cost, and class duration.
Fees means the class fees payable for lessons or workshops as well as guest fee levies.
Pallister limited T/A FloatPlus means FloatPlus swimming, FP Swimming, FloatPlus.
Guest means any person who attends a venue who is not a member of the contracted clubs.
Instructors/Coach means any person who is instructing, or assisting with the instruction of, a swimming class at the contracted venues.
Member means a person who holds a current paid membership for the venue.
Online Booking System means the online booking system whereby clients can view and select a venue to attend a class or classes.
Pre-participation Obligation refers to health issues that may need to be shared to coaches and staff before participating in a class.
Venue/Clubs means any Float Plus contracted venue or venues which is run by a Float Plus and its employees or affiliate.
Venue Rules means the rules referred to in clause 5.3.
Term means the period for which the classes are running.
“us” or “we” means the venue to which you have agreed to join for classes.
“Caregiver” refers to person responsible for your children’s welfare or safety while in the venue premises.
“you” or “your” means the client, caregiver or children that are participating in the classes or are the subject of this Agreement.
2. FEES & TERM
2.1. The Class Fees you have to pay before attending any lessons during the term of this Agreement or Members are billed at the end of each Calendar month to your club membership account.
2.2. If you do not make payment when it is due, your classes may be suspended and you could be refused access to a venue or class until all outstanding amounts have been paid.
2.3. Your classes may also be terminated if any class fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
2.4. GENERAL ENROLLMENT PROCEDURE
REGISTER | Register using the relevant online booking page via www.floatplus.hk
An acknowledgement receipt of the registration page will be automatically sent back to you via email. Please keep the page for future reference.
PAY | The invoice will be sent to you by email through our online invoicing system
NOTE: Payment must be made before the start date of the class
In the event that a lesson has to be cancelled by FloatPlus, every effort will be made to give at least one hour's notice of the cancellation.
Any message of cancellation will be sent by one or more of the following email, text message, or WhatsApp message.
If unsure a class is on, please call your relevant Club for more information.
3. HEALTH & SAFETY (The Health Code)
3.1. Each time you use a venue or participate in a class, you must ensure that:
(a) you or your children are in good physical condition and know of no medical or other reason why you should not exercise.
(b) you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
(i) active or passive exercise; or
(ii) participating in a class.
If unsure about any of the matters set out above, you should not use the venue or participate in a class until you have sought appropriate medical guidance and been given the go-ahead.
3.2. You must not participate in a class if:
(a) You have an infection, contagious illness or physical ailment, such as an open cut or sore.
(b) Show signs of Covid-19 symptoms or have come into contact with others with symptoms or have recently arrived back from a high risk area from overseas including.
(c) there is any other risk, however small, to Staff, Participants, Members and Guests.
3.3. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN LEARN-TO-SWIM, SWIMMING TRAINING, IS A 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.
3.4. 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 change. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre- exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
3.5. You promise that information you give us will be true and accurate and not misleading in any way.
3.6. We may suspend or cancel your Membership or your classes with us if we have reason to suspect that you have not complied with any part of this clause 3.
3.7. The minimum age for training with us parent-assisted is 6 months. Children under the age of 18 are required to by the parent to accept the terms and conditions prior to the start of the lessons. This will act as an acceptance by the parent(s) or legal guardian confirming approval to swim at the venues.
3.8. WEATHER PROTOCOL - In the event of bad weather, classes may be cancelled due to:
-Typhoon Signal 3 for outdoor venues
-Typhoon Signal 8 or higher for indoor venues
-Black or Red Rainstorm Warning
-Lightning and/or Thunderstorm warnings only if directly affected for outdoor venues
4.1. When you apply for swim lessons and classes, you will need to provide us with personal information about you, Your personal information may be:
(a) disclosed to and used by other venues; and
(b) disclosed to and used by FloatPlus Swimming, the rights holder in relation the FloatPlus swimming programme.
4.3. You must tell us promptly if you change your membership status or contact details or if there is a change to other relevant personal information, including anything that may affect health or safety.
4.4. You understand that photos, films, videos or audio recordings are sometimes taken of clients and members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by FloatPlus.
5. YOUR RESPONSIBILITIES
5.1. If you behave in a risky or seriously inappropriate way, for example, if you threaten 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 costs, loss or damages you agree to pay for these.
5.2. 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 member of the facilities.
5.3. 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. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Venue Rules we may suspend or cancel your classes. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
5.4. You promise to take care to use the venue and all equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor or another staff member of the venue before you use it.
5.5. You agree to pay for any loss or damage to the Venue and its equipment caused by you through a willful, wrongful or negligent act or as a result of your breach of this Agreement.
5.6. You agree to follow any reasonable direction of a member of Venue staff relating to health, safety or security or related matters.
5.7. You promise not use mobile phones or any other device used for filming on and around the swimming pool area or pool decking. The use of mobile phones and the activation of the ring tone in certain club areas may be prohibited. You need to be aware of each venues rules and regulations.
5.8. You must accompany your children at all times and they must not be left unattended at the poolside or changing facilities.
6. COMMERCIAL ACTIVITY
6.1. You acknowledge that engaging in any commercial or business activities in the Venue, such as offering training services or selling goods in the Venue/Facilities is prohibited unless Float Plus Swimming grants you written permission to do so.
6.2. If Float Plus gives you written permission, it can be revoked at any time.
7. CANCELLING of Group or Private Lessons
7.1. Cancellation policy for PRIVATE, SEMI-PRIVATE LESSONS or Open Water Swim Series | Is subject upon successful enrollment for a Private or Semi-Private or Open Water Series class, note:
Where dates of absence/notice of classes to be missed is received before the start of the relevant term, no charge will be levied on those particular dates subject to Directors approval.
Where notice to cancel a class is received less than 24 hours before the scheduled class, the full class fee will be charged.
Where notice to cancel a class is received more than 24 hours before the scheduled class, then the following Administration Fee will be charged:
Where classes are cancelled on a frequent basis (Three Strike Rule) FloatPlus has the right to charge full amount to future classes whether to student turns up or cancels.
HK$200 for 30-minute Private or Semi-Private class
HK$300 for 45-minute Private or Semi-Private class
HK$400 for 60-minute Private or Semi-Private class
If wishing to terminate Private or Semi-Private classes, once the term or camp has started, then you are required to give two week notice, or payment in lieu.
Late enrollment | Students joining after a term, or course, commences will be charged on a pro-rata basis for the remainder of the term provided space is available.
7.6. You can cancel your Lessons at any time by telling us in writing/email if you cannot participate in a Class/Lesson. If you have contracted a serious illness or a permanent physical incapacity during the term Lessons. This must be confirmed writing by a doctor or other medical professional that we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
7.7. If you cancel under clause 7.1, you will not be charged from the time you notify us by email i.e. you will only be charged the lessons that you have already done (calculated on a pro rata basis).
8. CANCELLING YOUR GROUP LESSONS
8.1. Cancellation policy for GROUP classes | Members and Non-Members 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 our holiday camps. Charges are still levied if lessons are missed during the Term (No rebates, credits, or make up classes will be given).
8.2. If however you or 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.
8.3. If you cancel under clause 8.1 during the relevant term, if you want to cancel your lessons for your convenience during the term of your agreement. You will be charged the amount equal to 4 x classes and guest fees of the balance of your Fees for remainder of the fixed term of your Agreement.
8.4. If you cancel under clause 8.2, you will not be charged from the time you notify us by email i.e. you will only be charged the classes that you have already done (calculated on a pro rata basis).
8.6. If you have attended swim classes for a term, you have priority option to join the next term. You will however need to notify us in writing or sign up using our online registration page to confirm your next terms place. If you fail to contact us within the required date or time period, your spot maybe passed onto a new client.
9.1. In addition to our other rights under this Agreement, we may cancel your Term classes if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
9.2. If we cancel your term classes under this clause 9, you will be liable for fees incurred, i.e. your fees for the time you were in classes (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
9.3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may cancel your Lessons if you become bankrupt or insolvent.
10. OUR LIABILITY
10.1. If you agree to these Term, you agree, to the extent allowed any law, regulation or ordinance that cannot be excluded by law, to exclude or modify our liability to you for death or injury from your swimming or use of the Venues, whether or not it results from our negligence.
10.2. 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. In particular, 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. This does not exclude our liability for reckless conduct.
11.1. Each Guest agrees to and must otherwise comply with clauses 3, 4, 5, 6, 10 and 12 as if a reference to a Member was a reference to a Guest.
12. GENERAL LEGAL MATTERS
12.1. We are not responsible if Clients/Members cannot use our facilities because of an event caused by a natural force (such as Protest, Typhoons, fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
12.2. 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.
12.3. 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.
12.4. You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
12.5. The Hong Kong SAR law in which this Venues are located applies in relation to this Agreement.
(3) PALLISTER LIMITED Trading as FLOATPLUS
PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE, AND ASSUMPTION
PLEASE READ THIS DOCUMENT CAREFULLY. BY TICKING THE AGREE BOX BELOW, 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, water polo, swimming, diving, ball throwing, and any other amusement activities (the services and activities, collectively “Activities”), organized by PALLISTER LIMITED Trading as Float Plus 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 (collectively “Float Plus”), 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 Float Plus 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:
(1) ACKNOWLEDGEMENT: I hereby confirm that I can swim 200 meters unassisted and each of my minor child(ren)/ward(s) can also swim 200 meters unassisted. However, 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 retain all control and direction over my and/or my minor child(ren)/ward(s)’Activities at all times.
(2) 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 Float Plus, 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 Float Plus.
(3) INDEMNIFICATION: I hereby agree to defend, fully indemnify and hold harmless Float Plus from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Float Plus, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments Float Plus 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 Float Plus and/or any and all other persons and entities acting in any capacity on behalf of Float Plus. I hereby further agree that my obligation to indemnify Float Plus shall survive the termination of this Agreement.
(4) ATTORNEYS’ FEES: I hereby agree to fully indemnify and hold harmless FloatPlus for any attorney’s fees and/or costs incurred in relation to or arising from enforcing this Agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favour of FloatPlus, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum. I hereby further agree that my obligation to indemnify FloatPlus shall survive the termination of this Agreement.
(5) MEDIA RELEASE: By participating in Activities organized by FloatPlus, I hereby grant FloatPlus, on behalf of myself and on behalf of my minor child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my minor child(ren)/ward(s) in connection with FloatPlus and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(6) 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.
(7) 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 fulfill such purpose, unless the personal data is also retained to satisfy any applicable statutory or contractual obligations.
(8) 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.
By signing this Agreement, I understand that I may be found by a court of law to have forever waived my and my minor child(ren)/ward(s) right to maintain any action against Float Plus on the basis of any claim from which I have released Float Plus and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire Agreement 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.
BY SELECTING THE CHECKBOX I AGREE TO THE TERMS & CONDITIONS OF FLOATPLUS