TERMS & CONDITIONS
This is an important document, and you should read it carefully. Upon completing enrolment, You are deemed to acknowledge that You have read and understood these Terms & Conditions Including the Warning Notice, and agree to these Terms & Conditions.
1. Definitions & Interpretation
- Activity means participating in any capacity in any authorised or recognised swimming lessons or training conducted by MIS.
- Centre means each and every swimming pool and its facilities that MIS uses for the purposes of providing the Activity.
- Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Activity.
- Contagious Disease means conjunctivitis, rubella, flu, gastroenteritis, fever, runny nose, ringworm, head lice, urinary tract infection or COVID-19.
- Medical Treatment means first aid conducted by Us and any medical treatment Including evacuation by ambulance.
- MIS means Mis Swimming Pty
- MIS Portal means the webpage: https://app.iclasspro.com/portal/misswimming.
- School Term means the public school terms published on the Victoria Government website (gov.au).
- Terms means these Terms and
- Transport Fees means the ambulance fees including the air transport fees determined by the Department of Health from time to time.
- We (and Us, Our) means MIS and its directors, officers, teachers, coaches, and agents including the lifeguards on duty at the Centre.
- Warning Notice means the Warning Notice contained on the 2nd page of these
- You (and Your) means and refers to any MIS students, swimmers, and their parent(s), guardian(s) or any other person who is responsible for the safety of the child attending the
- Your Personal Information means any personal details and/or information that You have provided to Us for the purposes of conducting and administering the Activity.
- References to the singular include the plural and vice
- The word Including must be construed without
- These Terms apply to all Activities that You
- The rights conferred by these Terms are in addition to any other rights conferred by law.
- The rights conferred by these Terms is non-transferable to another person.
- MIS may amend these Terms by notifying You in writing. These changes shall be deemed to take effect from Your next subsequent enrolment.
3. Risk Warning
- Participation in the Activities supplied by MIS is inherently dangerous and involves risk to health and safety.
- Accidents can happen which may result in personal injury, death or property You should ensure You are aware of the risks involved, including risks associated with any health condition You may have.
4. Waiver & Disclaimer
- You release and will release Us from all Claims that You may have or may have had arising from or in connection with the Activity.
- You release and will release Us from all Claims in respect of any injury, loss or damage arising from or in connection with Your failure to comply with MIS’s or Our
- We disclaim all liability for all loss, damage, injury, or death however caused, Including by negligence.
- Any property and valuables left in the Centre are left at your own risk, and MIS does not accept any responsibility or liability for the loss and/or damage to personal
- All express or implied guarantees, warranties, representations or other terms relating to these Terms or their subject matter not expressly set out in these Terms, are excluded from these Terms to the extent permitted by law.
- Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be lawfully excluded or limited.
- You acknowledge that We do not make any representations about the existence and suitability of any insurance.
7. Fitness to Participate
- You declare that You are medically and physically fit and able to participate in the Activity. You are not and must not be a danger to Yourself or to the health and safety of others.
- You are not permitted to attend the Activity if You have any symptoms of the Contagious Disease.
- MIS reserves the right to request a medical clearance for the
Contagious Disease or any illness or ailment.
8. Medical Treatment
- You agree to receive the Medical Treatment that We reasonably consider necessary or desirable for You during participation in the Activity.
- You agree to reimburse Us for any costs or expenses incurred in providing You with the Medical Treatment Including the Transport Fees.
- You understand that Your Personal information is collected, used and disclosed in accordance with the applicable privacy
- You acknowledge that Your Personal Information may be used and disclosed by Us for the purposes of conducting and administering the Activity.
- We may share Your Personal Information with third parties in accordance with the applicable privacy laws.
- You acknowledge:
- Your application may be rejected if the required Your Personal Information is not provided.
- You are responsible to inform Us of any change in Your Personal Information.
10. Closures & School Term Breaks
- MIS is generally open on public holidays, except the Easter, Christmas and New Year break No lessons will take place during noted holiday breaks (as updated from time to time).
- MIS is generally open during the break period between each and every School Term.
11. Enrolment & Cancellation of Lessons
- All enrolments are perpetual unless You give a 2-week notice to cancel Your
- Your lesson fees are payable every month and must be paid within the due date of the invoice rendered by MIS.
- Cancellations will not be granted until outstanding amounts owing are paid in full.
- If You are cancelling Your enrolment due to medical reasons, we will action your cancellation when we receive notification in writing along with a copy of a medical certificate.
- MIS does not guarantee Your place if You return to be enrolled after cancellation.
- MIS reserves the right:
- to cancel or change its classes, locations, and instructors;
- to reallocate MIS students to different Activities;
- to cancel any outdoor Activity before or during the
Activity in the event of bad or extreme weather;
- to cancel enrolments where outstanding amounts exceed 2 months in arrears; and
- to restrict enrolment or ask You to leave the Centre at any time based on health and safety reasons or any behaviour deemed by US unreasonable or unsafe to
12. Missed Lessons
- Subject to Clause 12.2, no credits or refunds will be granted for any missed lessons.
- 3 consecutive (or more) missed lessons resulting from an ongoing illness or injury will be deemed as a withdrawal from Your enrolment, and Your fees for the missed lessons will be credited to Your
- Any missed lessons due to family holidays or any other reasons resulting in 3 (or more) consecutive missed lessons will be deemed as a withdrawal from Your
13. Make-up lessons
- All make-up lessons are subject to availability. MIS does not guarantee the availability of any make-up lessons.
- If You are enrolled:
- for 1 weekly lesson, You are entitled to 1 make-up lesson per calendar month;
- for 2 weekly lessons, You are entitled to 2 make-up lessons per calendar month; or
- for 3 weekly lessons or more, You are NOT eligible for make-up lessons.
- Your make-up lesson must be booked:
- after Your absence is recorded on the MIS Portal; and
- within 45 days (from the date of Your absence) while you continue to be enrolled with MIS.
- Your absence must be recorded on the MIS Portal at least 4 hours in advance of Your lesson time.
- Make-up lessons cannot be rebooked and are not transferrable to any other person.
14. Parental Supervision
- You acknowledge:
- You are entirely responsible for Your child’s care and safety at all times outside Your child’s scheduled lesson; and
- any child under 10 years of age must be actively supervised by You while at all times within the water and while at the Centre.
- The Terms comprise the entire agreement between You and MIS and supersede and replace any previous agreement or arrangement between You and MIS.
- MIS reserves the right in its sole discretion to vary the Terms by providing You with 2 weeks’ in-advance notice of any changes or updates.
- Any provision of the Terms which may be void or unenforceable does not affect the enforceability of other
- The Terms are governed by the laws of Victoria and You and MIS agree to the exclusive jurisdiction of the courts of
- You warrant that all information provided to MIS is true and
WARNING: If You participate in these Activities, Your rights to sue MIS under the Australian Consumer Law and Fair Trading Act 2012 if You are killed or injured because the Activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this Warning Notice.
Note: The change to Your rights, as set out in this Warning Notice, does not apply if Your death or injury is due to gross negligence on the part of MIS. Gross negligence, in relation to an act or omission, means going the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of an act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.