1. DEFINITIONS 

My Swim Tutor, We, Us, Our: 

My Swim Tutor | ABN 67 554 217 769 | [email protected]

You, Your, Member: 

You, Your, Member refers to the name in which the Membership has been created, which at times may differ to the party paying for the Membership, and includes the parent or guardian of the Member if the Member is under 16 years

Agreement: 

This is the Agreement between My Swim Tutor and you, comprising of the Schedule A Terms and Conditions, under which you will become a member of My Swim Tutor

Late Fee: 

The fee payable towards our administrative costs arising as a result of any payment due by you being late or any auto-debit instruction being declined.

Pause Fee: 

Pause fees are not available.

Terms and Conditions: 

The terms and conditions of this Agreement as contained in this Schedule A.

Website: 

My Swim Tutor website at www.MySwimTutor.com or such other website and/or media channels as notified to Members from time to time

$: 

Means Australian Dollars (or otherwise, as expressly reflected).

2) MEMBERSHIP TERM 

This Agreement commences from the date of online purchase, and continues until terminated in accordance with the terms and conditions of this Agreement.

You understand the Membership packages, costs and benefits as stipulated on the webpage upon purchase.

You agree and acknowledge the membership is auto-renewing.

3) MEMBERSHIP CONDITIONS

• You acknowledge that, due to circumstances beyond the control of the My Swim Tutor, it may become necessary or desirable to change the format of the membership without notice, and, if that occurs, you consent to the changes and you agree that each and every one of the terms and conditions will apply to that changed format. My Swim Tutor is not obliged to continue any service indefinitely, and benefits are subject to discontinuation without compensation.
• You acknowledge that services do not run during public holidays and ordinary fees apply during this time.

Joining Date: Prior to 18 August 2025

• If you joined prior to 18 August 2025, you are an early-adopter member. Your membership is limited to the services advertised to you at the time of joining (to the extent they are still offered). My Swim Tutor is under no obligation to continue any particular service indefinitely, and early-adopter membership does not extend to new or additional benefits introduced after your joining date (for example, clinic discounts or tutoring).
• You are welcome to and encouraged to contact [email protected] and transfer your membership to any of the Memberships featured on the website www.myswimtutor.com.

Joining Date: After 18 August 2025

• Silver Membership does not confer any rights or entitlements other than those expressly stated in the offer. Silver Membership does not include access to clinic discounts, tutoring, or any other benefits not expressly stated, and no additional entitlements arise by use of the term “member.”
• My Swim Tutor Online Squad Membership does not confer any rights or entitlements other than those expressly stated in the offer. Online Squad Membership does not include access to clinic discounts, tutoring, or any other benefits not expressly stated, and no additional entitlements arise by use of the term “member.”  

4) PRODUCT CONDITIONS

One-Time Purchases (Courses & Other Products)

• The purchase of a 'one-time' product does not constitute a membership, and is not ongoing in nature. 
• One-Time Video Analysis does not confer any rights or entitlements other than those expressly stated in the offer.
• Courses including the Perfect PB & Technique Starter Pack does not confer any rights or entitlements other than those expressly stated in the offer. 

5) FEES 

• The fees payable by you are in accordance with the rates stated on the webpage and outlined here. Pricing is subject to change at any time without notice.

Product Fees:

One-Time Payments: 

• By signing up to the relevant product, you authorise a one-time auto-debit payment, hence you are liable for the payment under this Agreement if the auto-debit payment does not go through for any reason whatsoever.
• A fee will be charged for non-payment of any due amount under this Agreement, including any failed auto-debit instruction. 
• All fees for courses, online products, and one-time offers are strictly non-refundable once purchased, including in cases of non-attendance or change of mind. By enrolling or purchasing, you acknowledge and agree that no refunds will be issued under any circumstances, unless a statutory exception applies.

Membership Fees: 

Weekly Billing: If you are on a Flexi-Membership (weekly or monthly billing cycle), this is not a lock-in contract, and you can cancel any time per the conditions stipulated below:

• By signing up to the membership, you authorise auto-debit payments, hence you are liable for payment of all payments under this Agreement if the auto-debit payment does not go through for any reason whatsoever.
• A late fee will be charged for non-payment of any due amount under this Agreement, including any failed auto-debit instruction.
• In order to cancel, you must provide 14-days written notice. Cancellation will take effect in accordance with the terms and conditions of this Agreement, and you will not pay for an additional term period after 14-days (your notice period). 

Annual Billing: If you are on an Annual Membership (which is a billed annually), this is an auto-renewing, lock-in contract.

• By signing up to the membership, you authorise auto-debit payments, hence you are liable for payment of all payments under this Agreement if the auto-debit payment does not go through for any reason whatsoever.
• A late fee will be charged for non-payment of any due amount under this Agreement, including any failed auto-debit instruction. 
• In order to cancel, you must provide written notice within 14 days of the end of your annual billing cycle. If provided, cancellation will take effect in accordance with the terms and conditions of this Agreement, and you will not pay for an additional equivalent term period.

Membership Renewal:

• Upon expiry of any term of membership, automatic renewal of another equivalent term period will take effect if written notice is not provided within the timeframes stipulated above.
• You authorise us to renew your membership and auto-debit your credit/ debit card on file if you do not provide any written notice. 

Pausing Membership: 

• You cannot pause your membership.

Cancellation:

• Cancellation will not be warranted for a change of mind or failure to provide sufficient written cancellation notice.
• Upon signing, you must see out a minimum term equivalent to one week if you are on a Flexi-Membership. The minimum term for an Annual-Membership is 12 months from the date of joining.

Termination:

*Termination by Member

• You must provide written notice per the conditions set out in 'Membership Fees' above, and this entire contract.

*Termination by My Swim Tutor:

• We reserve the right to terminate this Agreement in any of the following circumstances:
• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by My Swim Tutor or you continue to breach this Agreement;
• In our reasonably opinion, you have failed to abide by the terms; and/or
• If we reasonably believe that you have engaged in conduct that infringes on the safety or wellbeing of any other members or staff.

6) AGE POLICY 

• Membership is permitted for any person below 18 years of age with the consent of the minor’s parent or legal guardian obtained upon signing up to the membership.
• Membership for any person below 18 years of age will be under the minor’s parent or legal guardian.
• Note:   Consent is taken to be provided if the respective apps are uploaded onto the child’s mobile device, and/or are utilising the membership and resources via a parent/ guardian’s device.
• If you have any concerns, or wish to revoke consent, you must do so immediately in writing to the My Swim Tutor team and allow up to 5 business days for a response and action.

7) CLINIC CONDITIONS

Please note that clinics do not form part of the Membership offering, but may be held from time to time for an additional cost at My Swim Tutor’s discretion.

Purchase of a clinic spot takes place through the webpage and therefore attracts the following Terms and Conditions.

Cancellation & Refunds: 

If you cannot attend the clinic:

• You will receive a 50% refund if you cancel anywhere prior to 14 days out from the start of the clinic.
• You are not entitled to a refund or credit if you cancel less than 14-days out from the start of the clinic.

No changes will be allowed after these times. 

Upon signing up and making payment, you agree to the Terms and Conditions stipulated.

8) Imagery and Videos: 

• (i) We collect details (videos, location, age etc.) for the purpose of providing you with the services stipulated in the membership. Our purpose is for swim-education and online tuition to improve you/ your child's swimming, to improve our membership and platform, and to communicate with you about our products and services.
• (ii) This is an online group membership. Hence, when signing up, you accept that we may share any of you/ your child’s videos or images with the wider swimming community for the purposes of instructional and demonstrative videos.
• (iii) By uploading videos in the app (i.e. via the group platform, or privately via direct message function), you acknowledge is visible and accessible to all members, you consent to the recording of the videos and dissemination to the wider My Swim Tutor team, and wider community. This includes the sharing and uploading of a sample technical feedback video from a member of the community to be distributed internally for all members to revise and learn from, as well as broader marketing and advertising.
• (iv) By joining any respective online tutoring calls, you consent to the recording and livestream of all participants, including you, your children, their chatbox contributions, name, club, results etc. If you would not like your video shared, it is your responsibility to upon joining the call, to turn off your camera, and amend your name each call.
• (v) Additionally, we reserve the right to utilise all imagery, video content, results, and messages for our own marketing purposes to promote the furtherance of the program.

Membership serves as an acknowledgement to use any images for the purposes of promotional material, media or other purposes without further permission being necessary. If Members do not want images to be used in any promotional material, the Member must provide timely, written notice as denoted in these Terms & Conditions.

•  Card Information 

We collect and store information from you when you sign up as a member on our platform. This information includes your name, email address, and other personal information, including card details. The purpose of doing so is to facilitate your membership, and any additional services you may choose to engage (e.g., additional one-on-one mentoring calls, video analysis, programming etc.), or charges you may incur (e.g., pause fee).

•  Security 

We take reasonable measures to protect your personal information from unauthorised access, disclosure, or alteration (e.g., SSL security, Stripe Checkout etc.). However, no data transmission over the internet can be guaranteed to be 100% secure. We take no liability for a breach of security.

•  Cookies 

We use cookies to enhance your experience on our platform. Cookies are small text files that are stored on your device.

•  User Conduct 

As a member, you agree to use our services for lawful purposes only. You agree not to use the platform to upload, post, or otherwise distribute any content that is illegal, obscene, defamatory, or otherwise objectionable. Additionally, you must not distribute any program or group content, including but not limited to images and videos of other swimmers and minors.

•  Intellectual Property 

Our platform and all content and materials on it are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, modify, or distribute any content or materials from our platform without our prior written consent.

9) LEGAL RESPONSIBILITY 

• Your responsibilities, including payment of Membership fees, do not depend on how often you use your membership.
• You must tell us about anything that affects your Membership, and any changes to your contact information and bank details.
• You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

10) DAMAGE & PERSONAL INJURY 

• You consent and note that the advice provided by the My Swim Tutor team and associated parties will be utilised in conjunction with your existing coaching program, coach and respective medical professionals. Additionally, you certify my good health and verify that you/ your child’s fitness if of a standard that you/ your child is able to complete the activities.
• To the extent permitted by law, My Swim Tutor excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services provided by My Swim Tutor and/or any act or omission of My Swim Tutor.

11) INDEMNIFICATION 

You agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our platform or any content or materials you post or share on it.

12) FORCE MAJEURE 

• Neither party will be liable for any delay or failure to perform its obligations other than payment of monetary sums owing to the My Swim Tutor under this Agreement if such failure or delay is due to Force Majeure.
• ‘Force Majeure’ is defined as any event or circumstance that:
• is outside the parties’ reasonable control;
• cannot reasonably be prevented by a party taking reasonable precautions and cannot reasonably be avoided by that party without incurring significant costs; and
• prevents, hinders, or delays its performance of any of its obligations required under or in connection with this Agreement,

Including, but not limited to:

• acts of God,
• system outages or shortages, and
• strike or other labour difficulty whether or not involving employees of the party concerned, sector wide industrial disputes involving key maintenance staff;

but excludes instances of injury or retirement from swimming.

• Neither party will be liable for any delay or failure to perform its obligations owing to the other party if such failure or delay is due to Force Majeure.
• A party must promptly notify the other party as soon as practicable of any anticipated delay due to Force Majeure and disclose the commencement date of the Force Majeure event, the likely duration and scope of impact on the performance of obligations being met under the contract.
• The performance of a party’s obligations under the Agreement will be suspended for the period of delay due to Force Majeure, and extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
• If a delay due to Force Majeure exceeds 1 month, you may terminate this Agreement by giving 14 days written notice to the My Swim Tutor team.

13) OUTSIDE PROVIDERS 

We may engage duly qualified staff, employees, contractors and/or agents (Outside Providers) to provide any of the services which are covered by your membership benefits.

14) OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS 

• All entitlements and entry into any Membership may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
• If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
• We will attempt to contact you about retrying the debit.
• If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply. If you fail to pay us the fees by the due date, we are entitled to suspend your membership benefits.
• If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your debt may be forwarded to a collection agency for further action.

15) SEVERABILITY 

If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.

16) ELECTRONIC COMMUNICATION 

The parties agree that all notices and other communication will be by way of electronic communication via email.  Our email address [email protected] is as stated in our webpage or as updated/communicated to you by us from time to time.  We will send all emails to you at the email address stated by you during your registration process.  You will need to inform us if there is any change in your email.  Any change of your email will have to be acknowledged by us before it is considered as effected.

17) TIME OF THE ESSENCE 

Time is to be of the essence in this Agreement.

18) ENTIRE AGREEMENT 

This Agreement and its Schedules constitute the entire agreement, understanding and arrangement (express and implied) between the Member, My Swim Tutor relating to the subject matter of this Agreement and supersedes and cancels any previous agreement for memberships commencing from 15 August 2024, understanding and arrangement relating thereto whether written or oral.

19) LAW AND JURISDICTION 

This Agreement shall be subject to the laws of Queensland and to the non-exclusive jurisdiction of the Courts of Queensland.