Terms of Service

Effective date: 2026-06-08

These Terms of Service govern access to and use of Pro Swim Academy Kenya LTD ("PSAK", "we", "us", or "our") swimming programs, facilities, websites, portals, booking tools, communications, and related services. By registering, making an inquiry, paying for a package, attending a lesson, using a PSAK portal, or accepting these terms online, you agree to these terms for yourself and, where applicable, for any child or swimmer you register.

1. Eligibility and authority

• Adult swimmers must be at least 18 years old or have a parent or guardian complete registration and acceptance on their behalf.
• A parent, guardian, school representative, or authorised contact who registers a child confirms that they have authority to consent to the child's participation and to provide the child's personal, health, attendance, and swimming progress information to PSAK.
• Schools and organisations confirm that their representative has authority to submit inquiries, approve schedules, receive proposals, and share relevant participant information.

2. Our services

PSAK provides swimming and aquatic training services, including children's swimming lessons, adult swimming lessons, aqua aerobics, competitive swimming, school swimming programs, bookings, attendance tracking, progress reporting, receipts, invoices, notices, and related administrative support.

Program descriptions, prices, class lengths, schedules, capacities, coaches, branches, and facilities may change from time to time. PSAK will make reasonable efforts to communicate material changes through the website, portal, phone, WhatsApp, email, or front office.

3. Registration and account use

• You must provide accurate, current, and complete registration, contact, medical, and billing information.
• You are responsible for keeping portal login details confidential and for activity under your account.
• You must notify PSAK promptly if contact details, medical information, emergency information, guardianship authority, or school authorisation changes.
• PSAK may suspend or restrict access to the portal or services where information is inaccurate, payment is overdue, safety is at risk, policies are not accepted, or these terms are breached.

4. Parent, guardian, and school responsibilities

• Parents and guardians remain responsible for minors before handover to PSAK staff and after the lesson or activity ends.
• Parents, guardians, adult swimmers, and schools must disclose relevant medical, behavioural, allergy, disability, medication, emergency, or safety information before participation and whenever it changes.
• Schools must ensure students are authorised to participate, accompanied as agreed, and medically fit for swimming activities.
• PSAK may refuse or pause participation where it reasonably believes participation may be unsafe without further information, clearance, or support.

5. Safety, conduct, and facility rules

• Swimmers, parents, guardians, school staff, and visitors must follow PSAK staff instructions, pool rules, branch rules, hygiene rules, emergency directions, and safety notices.
• Running, rough play, harassment, abusive language, unsafe behaviour, unauthorised pool entry, interference with coaching, and damage to property are prohibited.
• Parents and guardians should use designated waiting areas unless PSAK staff ask otherwise.
• PSAK may remove any person from a session, facility, or portal where conduct creates a safety, safeguarding, operational, legal, or reputational risk.

6. Payments, packages, and renewal

• Lessons and programs must be paid for in advance unless PSAK agrees otherwise in writing.
• Standard children's and adult programs generally operate on package structures. Competitive swimming generally operates on a monthly structure. Aqua aerobics may be sold per class or as a package where available.
• Package validity, lesson counts, renewal deadlines, prices, and grace periods are shown on the website, rate card, invoice, receipt, portal, or front-office communication applicable at the time of purchase.
• Early renewal is encouraged to preserve preferred slots and coach continuity. Late renewal or delayed payment may result in reassignment of coach, time slot, or class availability.
• Payments made outside office hours, after package expiry, or after a slot has been released do not guarantee the same coach or time slot.

7. Cancellations, attendance, and make-ups

• Cancellations must be made through PSAK administration or front-office channels. Competitive swimming cancellations must be sent to administration, not only to a coach.
• Notice periods, cancellation limits, and make-up eligibility are set out in the active Cancellation Policy and Attendance Policy.
• No-shows, late cancellations, missed make-ups, and sessions missed without valid notice may be treated as attended and forfeited.
• Make-ups are subject to availability, package validity, class capacity, coach availability, and PSAK scheduling rules.
• Weather is not normally a valid cancellation reason for indoor heated pool sessions unless PSAK issues a safety directive or closure notice.

8. Refunds and transfers

• PSAK generally does not provide refunds once payment has been made and a package, class, monthly program, or service has been purchased.
• This no-refund position applies except where PSAK expressly approves a refund in writing or where a refund is required by applicable law.
• Where appropriate, PSAK may allow unused eligible lessons to be transferred to another person as an alternative to a refund, subject to approval, scheduling availability, package validity, safety suitability, and administrative requirements.
• Approved refunds, credits, reversals, or transfers may be subject to verification of payment, usage, attendance, expiry, bank or M-Pesa details, administrative records, and lawful deductions.

9. Communications

PSAK may contact you by phone, SMS, WhatsApp, email, portal notices, or in-person communication about inquiries, registration, bookings, cancellations, payments, receipts, invoices, safety notices, operational closures, school programs, reports, and important service updates.

You must use respectful communication with PSAK staff and coaches. Instructions that affect bookings, cancellations, payments, or school schedules should be sent through official administrative channels so they can be recorded.

10. Progress reports and documents

PSAK may create attendance records, coach notes, swimmer progress reports, payment receipts, invoices, school reports, proposals, contracts, notices, and gala documents for operational, training, school, billing, and record-keeping purposes. Reports reflect coach observations and available records at the time of generation and are not medical, therapeutic, or safety certifications.

11. Media and intellectual property

PSAK owns or licenses its website content, training materials, documents, templates, reports, logos, designs, and portal materials. You may not copy, modify, resell, publish, or misuse them without written permission.

PSAK will seek separate consent before using identifiable photos or videos of swimmers, especially children, for marketing where required by law or PSAK policy.

12. Health, risk, and limitation of liability

Swimming and aquatic activities involve inherent risks, including slips, falls, fatigue, water-related incidents, illness, injury, or property loss. PSAK will take reasonable care in providing services, supervision, facilities, and safety procedures.

To the fullest extent permitted by law, PSAK is not liable for loss, injury, delay, missed sessions, indirect loss, or damage arising from inaccurate information, failure to disclose medical or safety issues, breach of rules, unauthorised conduct, third-party services, events outside PSAK's reasonable control, or a participant's failure to follow instructions.

Nothing in these terms excludes liability that cannot lawfully be excluded under Kenyan law.

13. Service changes, closures, and force majeure

PSAK may change schedules, coaches, branches, capacities, rules, or session formats where needed for safety, maintenance, staffing, operational closures, school bookings, public disruption, illness, legal requirements, or other circumstances outside reasonable control. PSAK will make reasonable efforts to provide a fair operational solution, which may include rescheduling, make-ups, credits, or alternative arrangements where appropriate.

14. Privacy

PSAK processes personal data in accordance with its Privacy Policy. By using PSAK services, you acknowledge that PSAK may collect and process information needed to provide swimming services, manage safety, administer payments, communicate with you, keep records, comply with law, and protect lawful interests.

15. Governing law and disputes

These terms are governed by the laws of Kenya. The parties should first attempt to resolve disputes in good faith through PSAK administration. If a dispute cannot be resolved informally, it may be referred to the courts or other competent dispute resolution forum in Kenya, subject to applicable law.

16. Changes to these terms

PSAK may update these terms and policies from time to time. The latest published version applies from its effective date. Portal users may be required to review and accept updated terms before continuing to use portal services.

Cancellation Policy

Effective date: 2026-06-08

This policy explains how PSAK handles cancellations, no-shows, late cancellations, operational closures, and make-up eligibility. It applies together with the Terms of Service and any package-specific rules shown in the portal, invoice, receipt, or rate card.

1. Official cancellation channel

• Cancellations must be communicated through PSAK administration or front-office channels so they can be recorded.
• Competitive swimming cancellations must be sent to the Administrator or front office, not only to an individual coach.
• A cancellation is not confirmed until PSAK acknowledges or records it through the relevant administrative process.

2. Notice periods

• Standard children, adult, and aqua programs: cancellations should be communicated within the notice period set by PSAK for the active package or branch. The operational default is at least 24 hours where possible, with shorter emergency notice considered at PSAK's discretion.
• Competitive swimming: cancellations should be communicated at least 24 hours in advance. In genuine emergencies, PSAK may consider a minimum of 2 hours' notice.
• Schools: school cancellations or reschedules follow the written proposal, contract, term plan, or agreed school notice period.

3. Valid reasons

Valid cancellation reasons may include illness, emergency, school-related conflict, academy closure, safety directive, or another reason PSAK accepts as reasonable. Weather is not normally a valid reason for indoor heated pool sessions unless PSAK issues a safety directive or closure notice.

4. No-shows and late cancellations

• A no-show means the swimmer does not attend and PSAK did not receive valid notice.
• A late cancellation means notice was given after the applicable cut-off or outside the accepted process.
• No-shows and late cancellations may be counted as attended sessions, deducted from the package, and forfeited.
• Missed make-up classes may also be counted as attended and forfeited.

5. Cancellation limits

PSAK may set cancellation limits per package, month, program, branch, or school agreement. Repeated cancellations may affect coach continuity, preferred slot retention, make-up eligibility, and future scheduling.

For competitive swimming, PSAK may enforce a maximum of three eligible cancellations per month unless PSAK approves otherwise in writing.

6. Academy closures and disruptions

Where PSAK cancels or closes for maintenance, safety, staffing, public disruption, facility issue, emergency, or another operational reason, PSAK will make reasonable efforts to communicate the closure and offer an appropriate operational solution, which may include rescheduling, make-up classes, credits, or alternative arrangements.

7. Abuse of cancellation process

PSAK may decline make-ups, restrict booking privileges, require administrative review, or suspend services where cancellation rules are repeatedly abused, records are manipulated, or communication is disrespectful or unsafe.

Attendance and Make-up Policy

Effective date: 2026-06-08

1. Attendance records

PSAK records attendance, missed sessions, cancellations, make-ups, package usage, coach notes, and related status changes in its portal and administrative records. These records are used for scheduling, safety, progress, billing, reporting, and dispute resolution.

2. Package validity

Each package has a validity period and, where applicable, a grace period. Lessons must be completed within the active validity window unless PSAK expressly approves otherwise in writing or the active package rules state otherwise.

Unused lessons expire automatically when the validity period and any applicable grace period ends.

3. Make-up eligibility

Make-ups may be offered only where:

• the original session was cancelled through the correct channel;
• notice was given within the applicable cut-off;
• the reason is accepted by PSAK;
• the package remains valid;
• there is coach, class, branch, and capacity availability;
• the swimmer remains suitable for the proposed class.

4. Make-up scheduling

• Make-ups should be scheduled as soon as reasonably possible after an eligible cancellation.
• A make-up class cannot normally be rescheduled again.
• A missed make-up class is treated as attended and forfeited.
• Make-ups are not guaranteed at the same time, branch, coach, or class level.

5. Late arrival and early departure

Late arrival does not extend class time and may affect participation if PSAK determines it would disrupt instruction or safety. Early departure does not create a right to a refund, credit, or extra class.

6. Reports and progress

Progress depends on attendance, practice, confidence, safety, age, physical readiness, and swimmer response to instruction. PSAK does not guarantee a specific result, timeline, competitive placement, or skill level by a particular date.

Payments and Refunds Policy

Effective date: 2026-06-08

1. Payment before service

Lessons, packages, monthly programs, school programs, and related services must be paid in advance unless PSAK agrees otherwise in writing.

2. Payment records

PSAK may record payment method, amount, date, reference, payer, package allocation, branch, school, status, receipt, invoice, approval code, audit note, refund amount, and transfer information.

3. Pricing

Prices may vary by program, branch, package, class type, school agreement, promotional offer, or effective date. The applicable price is the price confirmed by PSAK at the time of purchase or agreement.

4. Verification

Access to classes, package activation, receipts, and account status may depend on payment verification. PSAK may request evidence of payment where a reference is missing, unclear, duplicated, disputed, or reversed.

5. No-refund position

PSAK generally operates a no-refund policy once payment has been made, except where PSAK approves a refund in writing or where a refund is required by applicable law.

No refunds or credits are normally given for no-shows, late cancellations, missed make-ups, expired packages, unused competitive sessions, change of mind, failure to attend, late arrival, or failure to disclose information needed for safe participation.

6. Transfers and credits

PSAK may, at its discretion, allow eligible unused lessons to be transferred to another person or converted into a credit instead of a refund. Transfers and credits are subject to approval, safety suitability, package validity, records verification, class availability, and administrative requirements.

7. Chargebacks, reversals, and disputed payments

If a payment is reversed, charged back, dishonoured, fraudulent, or disputed, PSAK may suspend services, reverse package allocations, request repayment, recover reasonable costs, and restrict future bookings until the issue is resolved.

Safety, Safeguarding, and Conduct Policy

Effective date: 2026-06-08

1. Safety-first participation

PSAK aims to provide structured, safety-conscious swimming instruction. Swimmers must follow coach and staff instructions at all times. Parents, guardians, school staff, and visitors must support a safe teaching environment.

2. Medical and fitness disclosure

Before participation, you must disclose relevant health, allergy, medication, disability, behavioural, injury, anxiety, seizure, respiratory, cardiac, skin, infection, or other information that may affect safe swimming. PSAK may request medical clearance where appropriate.

3. Illness and hygiene

Swimmers should not attend while contagious, medically unfit, under the influence of alcohol or drugs, or otherwise unsafe to participate. PSAK may refuse participation where it reasonably believes attendance could endanger the swimmer or others.

4. Child safeguarding

• Children must be registered by a parent, guardian, school, or authorised adult.
• Parents, guardians, and schools must provide accurate contact and safety information.
• PSAK staff and coaches should maintain professional boundaries and communicate about children through appropriate administrative channels.
• Any safeguarding concern should be reported immediately to PSAK administration.

5. Facility behaviour

Unsafe conduct, harassment, bullying, discrimination, abusive language, photography without permission, interference with coaching, unauthorised pool access, or damage to property may result in removal, suspension, termination, reporting to authorities, or refusal of future services.

6. Emergencies

In an emergency, PSAK may take reasonable steps to protect the swimmer or others, including first aid, contacting emergency services, contacting a parent, guardian, school, or emergency contact, and sharing relevant health or identity information with responders where necessary.

7. Personal belongings

Swimmers and visitors are responsible for their belongings. PSAK is not liable for loss or damage to personal property except where liability cannot lawfully be excluded.