Terms and Conditions
Last updated: December 2024
Welcome to SwimTech Academy. These Terms and Conditions govern your participation in our swimming programs, use of our facilities, and engagement with our services. By enrolling in any of our programs or using our services, you agree to be bound by these terms.
SwimTech Academy provides swimming training programs for individuals of all ages, including children (minors under 18 years of age). Parents and legal guardians must review and accept these terms on behalf of their children.
1. Definitions
"SwimTech Academy" or "We/Us" refers to SwimTech Swimming Academy, a swimming training institution operating in Kenya.
"Participant" refers to any individual enrolled in our programs, whether adult or minor.
"Parent/Guardian" refers to the legal parent or guardian of a minor participant.
"Services" includes all swimming lessons, training programs, coaching, and related activities.
"Facilities" refers to all swimming pools and training venues where our programs are conducted.
2. Enrollment and Participation
2.1 Registration Requirements
- All participants must complete a registration form with accurate personal and medical information.
- For minors (under 18 years), a parent or legal guardian must complete the registration and provide consent.
- Medical conditions, allergies, or disabilities that may affect participation must be disclosed at registration.
- Emergency contact information must be provided and kept up to date.
2.2 Health and Fitness
- Participants must be in suitable health condition for swimming activities.
- We reserve the right to require a medical clearance certificate for participants with disclosed health conditions.
- Participants should not attend sessions when unwell or with contagious conditions.
2.3 Conduct
- Participants must follow all instructions given by coaches and staff.
- Respectful behavior towards coaches, staff, and fellow participants is mandatory.
- Disruptive or dangerous behavior may result in removal from the program without refund.
3. Assumption of Risk and Indemnity
Important Notice
Swimming and water-based activities carry inherent risks including but not limited to: drowning, near-drowning, injury, illness, and in rare cases, death. By enrolling, you acknowledge understanding and accepting these risks.
3.1 Assumption of Risk
Participants and their parents/guardians acknowledge that:
- Swimming activities involve inherent risks that cannot be entirely eliminated.
- Risks include physical injury, water-related accidents, exposure to pool chemicals, and medical emergencies.
- Participation is voluntary and undertaken with full knowledge of associated risks.
3.2 Indemnification
By enrolling in our programs, you agree to:
- Release and hold harmless SwimTech Academy, its coaches, employees, and agents from liability for any injury, illness, or loss arising from participation, except in cases of gross negligence.
- Indemnify SwimTech Academy against any claims, damages, or expenses arising from the participant's actions or breach of these terms.
- Waive the right to sue SwimTech Academy for accidents or injuries sustained during normal program activities.
3.3 Insurance
Participants are strongly encouraged to maintain personal accident and health insurance. SwimTech Academy does not provide personal insurance coverage for participants.
4. Media Release and Consent
Consent Statement: By enrolling in SwimTech Academy programs, you (or the parent/guardian for minor participants) grant permission for the capture and use of photographs, videos, audio recordings, and other media containing the participant's likeness during training activities, competitions, and events.
4.1 Scope of Media Use
Media captured may be used for:
- Marketing and promotional materials (print, digital, social media)
- Website content and online platforms
- Educational and training purposes
- Press releases and media coverage
- Internal communications and progress documentation
- Competition coverage and event promotion
4.2 Rights Granted
- This consent is granted on a royalty-free, perpetual, and worldwide basis.
- No compensation will be provided for the use of such media.
- SwimTech Academy may edit, modify, or combine media with other materials.
- The participant's name may be associated with such media when appropriate.
4.3 Children's Media (Minors)
- For participants under 18, parent/guardian consent is required and is granted upon enrollment.
- We take care to ensure media featuring children is appropriate and used responsibly.
- Parents may request, in writing, that their child not be featured in public-facing materials (opt-out).
- Opt-out requests should be submitted in writing to privacy@swimtec.co.ke.
4.4 Withdrawal of Consent
You may withdraw media consent at any time by written notice. However, this will not affect media already published or distributed. We will make reasonable efforts to remove identifiable images from future publications upon request.
5. Payment and Refunds
5.1 Payment Terms
- Fees are payable in advance according to the billing cycle of your selected program.
- We accept M-PESA, cash, and card payments.
- Late payments may result in suspension of access to training sessions.
5.2 Refund Policy
- Refund requests must be submitted in writing at least 7 days before the billing period.
- Partial refunds may be provided for medical reasons with supporting documentation.
- No refunds for sessions missed due to personal scheduling conflicts.
- Program cancellations by SwimTech Academy will result in full refund or credit.
6. Child Protection and Safeguarding
SwimTech Academy is committed to the safety and welfare of all participants, especially children:
- All coaches undergo background checks and child protection training.
- We maintain a strict safeguarding policy in accordance with Kenyan law.
- Physical contact during instruction is limited to that necessary for safety and technique correction.
- Changing rooms are supervised, with separate facilities for different age groups and genders.
- Any concerns about child welfare should be reported immediately to management.
7. Limitation of Liability
To the maximum extent permitted by Kenyan law:
- SwimTech Academy's total liability for any claim shall not exceed the fees paid for the specific program in question.
- We are not liable for loss or damage to personal property at our facilities or partner venues.
- We are not responsible for actions of third-party facility operators.
- This limitation does not exclude liability for death or personal injury caused by our negligence.
8. Governing Law and Disputes
- These Terms are governed by the laws of the Republic of Kenya.
- Any disputes shall first be resolved through good-faith negotiation.
- Unresolved disputes may be referred to mediation or arbitration in Nairobi, Kenya.
- The courts of Kenya shall have exclusive jurisdiction for any legal proceedings.
9. Changes to These Terms
SwimTech Academy reserves the right to modify these Terms and Conditions at any time. Significant changes will be communicated via email or notice at our facilities. Continued participation after such changes constitutes acceptance of the modified terms.
Contact Us
For questions about these Terms and Conditions, please contact: