Terms and Conditions
Reference copy · PHSL-TAC-2026-01 · 1.0 (Original Adoption)
PH STROKE LAB
Precision Technique Program
TERMS AND CONDITIONS
Governing enrollment in the Precision Technique Program and the use of the PH Stroke Lab website and swimmer portal Adopted pursuant to the Civil Code of the Philippines, Republic Act No. 7394 (Consumer Act of the Philippines), Republic Act No. 8792 (Electronic Commerce Act of 2000), and Republic Act No. 11967 (Internet Transactions Act of 2023) and its Implementing Rules and Regulations.
| Field | Entry |
|---|---|
| Document reference | PHSL-TAC-2026-01 |
| Document title | Terms and Conditions |
| Version | 1.0 (Original Adoption) |
| Service provider | PH Stroke Lab |
| Executed by | Jerard Dominic S. Jacinto, Founder |
| Date of adoption | ______________________, 2026 |
| Date of effectivity | ______________________, 2026 |
| Next scheduled review | Twelve (12) months from the date of effectivity |
| Companion instruments | PHSL-DPP-2026-01 (Data Privacy Policy and Privacy Notice); PHSL-DRP-2026-01 (Data Retention Policy); PHSL-DUP-2026-01 (Data Usage Policy); PHSL-VCP-2026-01 (Video, Image and Footage Consent Policy and Notice) |
| Status | Adopted as a sworn instrument and published in full on the PH Stroke Lab website and Portal. |
1. INTRODUCTION AND ACCEPTANCE
1.1 What These Terms Are. These Terms and Conditions ("Terms") govern the relationship between PH Stroke Lab ("PHSL", "we", "us") and any person who enrolls a swimmer in the Precision Technique Program, applies to do so, or uses the PHSL website or swimmer portal. They set out what PHSL undertakes to provide, what it does not provide, what is expected in return, how fees are charged, and how disputes are resolved.
1.2 Who Contracts with PHSL. A swimmer admitted to the Program is, in the ordinary case, a minor, and a minor cannot validly bind himself or herself in contract. The contracting party is accordingly the parent or legal guardian of the swimmer. By enrolling a swimmer, the parent or legal guardian contracts in his or her own name and accepts these Terms personally, and not merely on the swimmer’s behalf.
1.3 Acceptance. These Terms are accepted by the earliest of: executing the Parent and Guardian Consent and Liability Waiver; confirming enrollment in writing, by electronic mail, or through the Portal; making payment of any part of the Fee; or permitting the swimmer to attend a session. Use of the website or the Portal constitutes acceptance of Sections 15 and 16 of these Terms, whether or not a swimmer is enrolled.
1.4 Plain Reading. These Terms are written to be read and understood by a parent without legal assistance. Where a provision admits of two readings, the reading more favorable to the Guardian prevails, save where that reading would require PHSL to do something unlawful or unsafe.
1.5 Please Read Before Paying. Sections 12 (Cancellation, Withdrawal, and Refunds), 14 (Health, Medical Fitness, and Safety), and 21 (Scope Limitation, Allocation of Responsibility, and Liability) limit what PHSL is responsible for and affect the money a Guardian may recover. PHSL draws particular attention to them and will explain any of them on request before payment is made.
2. THE SERVICE PROVIDER
2.1 Identity. The service provider under these Terms is PH STROKE LAB, a specialist swim technique and measurement program organized and operating under the laws of the Republic of the Philippines, represented by its Founder, Jerard Dominic S. Jacinto.
2.2 Contact Details and Redress Point. PHSL publishes the following details in satisfaction of its transparency and redress obligations as an online merchant under Republic Act No. 11967 and its Implementing Rules and Regulations:
| Field | Entry |
|---|---|
| Trade name | PH Stroke Lab |
| Represented by | Jerard Dominic S. Jacinto, Founder |
| Registered or operating address | _________________________________________________ |
| Electronic mail | jaojacinto2@gmail.com |
| Mobile number | +63 961 750 3272 |
| Website | _________________________________________________ |
| Swimmer Portal | _________________________________________________ |
| Point of contact for complaints and redress | Jerard Dominic S. Jacinto, at the electronic mail address above |
| Business registration number | _________________________________________________ |
| Taxpayer identification number | _________________________________________________ |
2.3 Disclosure as to Business Registration. PHSL discloses that, as at the date of adoption of these Terms, its business registration with the Department of Trade and Industry and its registration with the Bureau of Internal Revenue are in process. These Terms are accordingly executed by Jerard Dominic S. Jacinto in his personal capacity and as the natural person operating under the business name "PH Stroke Lab," and the obligations assumed in them are assumed by him personally. Upon completion of registration, these Terms shall be re-executed in the name of the registered entity and the table in Section 2.2 completed, without diminution of any obligation assumed or of any right accrued under this version.
2.4 Status under the Internet Transactions Act. Where enrollment or payment is transacted through the PHSL website or Portal, PHSL acts as an online merchant and e-retailer within the meaning of Republic Act No. 11967. PHSL does not operate an e-marketplace and does not host or facilitate transactions of any third party.
3. SCOPE AND RELATIONSHIP TO THE OTHER INSTRUMENTS
3.1 The Set of Instruments. These Terms form part of a set of five (5) instruments adopted by PHSL and to be read as one framework, namely: these Terms and Conditions (PHSL-TAC-2026-01); the Data Privacy Policy and Privacy Notice (PHSL-DPP-2026-01); the Data Retention Policy (PHSL-DRP-2026-01); the Data Usage Policy (PHSL-DUP-2026-01); and the Video, Image and Footage Consent Policy and Notice (PHSL-VCP-2026-01).
3.2 Order of Precedence. These Terms govern the commercial and operational relationship. The four data instruments govern the processing of personal data, and prevail over these Terms on any matter of data protection. The Parent and Guardian Consent and Liability Waiver governs consent, assumption of risk, and release, and prevails over these Terms on those matters. Where any of those documents affords a Guardian or a swimmer greater protection than these Terms, that document prevails to the extent of the greater protection.
3.3 Partnership Arrangements. Where a swimmer is enrolled through a partner organization under a separate partnership agreement, that agreement governs the relationship between PHSL and the partner organization, including the fee payable by it. These Terms continue to govern the relationship between PHSL and the Guardian, and nothing in a partnership agreement reduces a right of a Guardian or a swimmer under these Terms.
3.4 Structural Neutrality. The obligations in these Terms are not conditioned upon the size of a Batch, the venue, the number or duration of sessions, or the calendar on which the Program is run. A change in any of those operational matters does not alter, suspend, or diminish any obligation in these Terms.
4. DEFINITIONS AND STANDARD PERIODS
4.1 Definitions. In these Terms, and consistently across all instruments in the set, the following terms are used as follows:
"Batch" means a cohort of swimmers enrolled together in a single running of the Program. The maximum size of a Batch is fixed by the applicable enrollment or partnership agreement.
"Coaching Team" means Jerard Dominic S. Jacinto (in-water stroke coaching), Nathan Jao (out-of-pool education, metrics, and mental conditioning), and Lukasz Gorkas (athletic training, mobility, and biomechanics), together with any coach or specialist subsequently engaged by PHSL in writing.
"Fee" means the amount payable in respect of a swimmer’s enrollment in a Batch, as stated in Annex A and in the invoice issued to the payor.
"Footage" means any video recording, still photograph, screen capture, frame extraction, motion-tracking overlay, annotated still, or other derivative visual record of a swimmer captured or generated by or for PHSL.
"Guardian" means the parent or legal guardian of a swimmer, being the person authorized under law to contract and to give consent on that swimmer’s behalf, and being the contracting party under these Terms.
"Methodology" means PHSL’s technical philosophy, diagnostic frameworks, drill library, curriculum design, measurement systems, scoring conventions, progressions, written materials, and all related know-how used to deliver the Program.
"Portal" means the secure online platform operated by or for PHSL through which swimmers, Guardians, and the Coaching Team access Program materials, submit and review Footage, and view records of progress.
"Program" means the PHSL Precision Technique Program, comprising an in-pool correction phase and a subsequent online check-in and reinforcement phase, the venue, cadence, session count, and duration of which are fixed for each Batch by the applicable enrollment or partnership agreement and by the schedule issued to each swimmer.
"Program Data" means the technical record generated by PHSL in respect of a swimmer, including the baseline diagnostic assessment, identified symptom and root cause, prescribed drills, cues and progressions, measurements, attendance, checks, and the end-of-Program summary report.
"Session" means a scheduled in-pool coaching session forming part of the in-pool phase of the Program.
"Swimmer" means an individual enrolled in, applying to, or previously enrolled in the Program.
"Working day" means a day other than a Saturday, a Sunday, or a regular or special non-working holiday declared in the National Capital Region.
4.2 Standard Periods. The following periods apply under these Terms. Where any other document issued by PHSL states a different period for the same act, the period below prevails.
| Act | Period |
|---|---|
| Acknowledgment of an enquiry, complaint, or request for redress | Two (2) working days from receipt |
| Substantive response to a complaint or request for redress | Fifteen (15) working days from receipt |
| Issuance of an invoice following confirmation of enrollment | Three (3) working days |
| Issuance of a receipt or acknowledgment following receipt of payment | Three (3) working days |
| Notice by a Guardian of cancellation before the Program commences | In writing, at any time before the first Session |
| Notice by PHSL of a change of venue, date, or time of a Session | Not less than forty-eight (48) hours, save in an emergency or on grounds of safety |
| Confirmation by PHSL of the final schedule and venue for a Batch | Not less than fourteen (14) calendar days before the first Session |
| Processing of a refund that has been determined to be due | Fifteen (15) working days from determination |
| Notice of a material amendment to these Terms | Not less than fifteen (15) calendar days before effectivity |
| Review of these Terms | At least once every twelve (12) months |
5. ELIGIBILITY AND SELECTION
5.1 Published Criteria. Admission to a Batch is by selection against criteria published by PHSL before applications open. The criteria applicable to the inaugural Batch are: a current Philippine Swimming time standard of A class or higher; a minimum age of thirteen (13) years; and one (1) to three (3) nominated target events. PHSL may publish different criteria for a subsequent Batch, and shall do so before applications for that Batch open.
5.2 Discovery Call. An applicant and the Guardian are required to attend a discovery call before a place is confirmed. The call assesses coachability, tolerance of the technical adjustment phase, and the capacity to commit to attendance, and gives the Guardian the opportunity to ask questions before contracting.
5.3 Discretion. PHSL may decline an application where the criteria are not met, where the capacity of the Batch is reached, or where PHSL reasonably considers that the Program is not suitable for the swimmer at that time. A decision to decline is communicated with reasons and does not create liability. No Fee is payable, and any amount already paid is refunded in full within fifteen (15) working days.
5.4 Accuracy of Information. The Guardian is responsible for the accuracy and completeness of the information furnished in support of an application, including times, event history, club affiliation, age, and health information. PHSL may withdraw a place, without refund of the portion of the Fee attributable to Sessions already delivered, where material information is found to have been misstated.
6. ENROLLMENT AND FORMATION OF CONTRACT
6.1 When the Contract Is Formed. A contract is formed when PHSL confirms a place in writing and the Guardian accepts it by any of the acts in Section 1.3. An application, an expression of interest, a quotation, or an invoice is not by itself a contract.
6.2 Conditions Precedent to Attendance. No swimmer may enter the water until: the Parent and Guardian Consent and Liability Waiver has been executed and verified as on file with PHSL; the medical fitness declaration has been completed; and the Fee has been settled in accordance with Section 11 or an agreed schedule is in place. PHSL will not waive the first two of these conditions in any circumstance.
6.3 Roster and Substitution. The roster for a Batch is finalized not less than fourteen (14) calendar days before the first Session. A place is personal to the swimmer named and may not be transferred, sold, or substituted, save in exceptional circumstances agreed by PHSL in writing.
7. WHAT PHSL PROVIDES
7.1 Deliverables. For each swimmer enrolled in a Batch, PHSL undertakes to provide:
(a) a baseline diagnostic assessment documenting current stroke, presenting symptoms, and identified root cause, completed before the first Session;
(b) the full schedule of in-pool Sessions for the Batch, delivered by the Coaching Team, with structured technique correction sequenced across the block;
(c) out-of-pool education, video review, and mental conditioning delivered between Sessions;
(d) a mobility and biomechanics protocol calibrated to the correction being applied, together with identification of any physical prerequisite the swimmer does not yet possess;
(e) a mid-block check with progression notes and adjustments where indicated;
(f) a benchmark time trial in the swimmer’s primary event at the conclusion of the in-pool phase, with measured outcome data;
(g) the online check-in and reinforcement phase, including weekly video review, mental conditioning, and mobility maintenance;
(h) a mid-phase check-in and a final outcome assessment comparing post-Program metrics against baseline; and
(i) a written end-of-Program summary report recording what held, what broke down, and the next priority correction.
7.2 Standard of Performance. PHSL undertakes to perform the Program with the professional skill and care reasonably expected of a specialist coaching team, and to ensure that every coach and specialist engaged is qualified for the function performed and acts in the best interest of the swimmer. Consistent with Section 23 of Republic Act No. 11967, PHSL undertakes that the Program has the qualities and performance features that are standard and normal for a service of this type and as advertised or described by PHSL.
7.3 Equipment and Software. PHSL supplies, at its own cost, the analytical software, video and recording equipment, and proprietary measurement tools required to deliver the Program.
7.4 Changes to Content. PHSL may adjust the sequence, drill selection, or emphasis of the technical work where its diagnostic judgment requires it, provided the deliverables in Section 7.1 are not reduced. A material reduction in the deliverables requires the written agreement of the Guardian, failing which the Guardian may cancel under Section 12.4.
8. WHAT PHSL DOES NOT PROVIDE
8.1 Excluded Services. The Fee does not cover, and PHSL is not engaged to provide: medical care, medical evaluation, medical diagnosis, physiotherapy, or treatment of any kind; nutritional prescription or supplements; psychological or psychiatric treatment; lifeguarding or facility safety oversight; supervision of a swimmer outside a scheduled Session; transport, accommodation, meals, swimwear, or personal equipment; meet entry fees; or coaching outside the scheduled Sessions and check-ins of the Batch in which the swimmer is enrolled.
8.2 Not a Substitute for the Home Program. The Program is a technical correction block layered on top of the swimmer’s existing training. It is not a replacement for the swimmer’s home club program, and PHSL does not assume responsibility for the swimmer’s overall training load, periodization, or competition schedule.
8.3 No Representation as to Selection. PHSL does not represent that participation in the Program will result in selection for any team, qualification for any meet, award of any scholarship, or interest from any institution or sponsor.
9. SCHEDULE, VENUE, AND RESCHEDULING
9.1 Schedule. The schedule and venue for a Batch are confirmed in writing not less than fourteen (14) calendar days before the first Session. The schedule issued for that Batch forms part of these Terms.
9.2 Changes by PHSL. PHSL may change the date, time, or venue of a Session on not less than forty-eight (48) hours’ notice, or on shorter notice where required by an emergency, by a condition of the facility, by weather, or by the safety of swimmers. Where a Session is changed, PHSL shall offer a replacement Session within the Batch period.
9.3 Sessions Not Delivered. Where PHSL is unable to deliver a Session and cannot offer a replacement within the Batch period or a reasonable extension of it, the Guardian is entitled, at the Guardian’s election, to a replacement Session in a subsequent Batch at no charge or to a refund of the proportion of the Fee attributable to that Session.
9.4 Facility. The training facility is secured by PHSL or by a partner organization, as the case may be. The facility is operated by a third party and is subject to that operator’s own rules, opening hours, and conditions of entry, which swimmers and Guardians are required to observe.
9.5 Attendance by Guardians. A Guardian may observe a Session from the designated spectator area, subject to the rules of the facility. A Guardian may not enter the training area, coach, instruct, or correct a swimmer during a Session, or record within the training area, the last of these being governed by the Video, Image and Footage Consent Policy.
10. ATTENDANCE
10.1 Attendance Requirement. The Program is built on consecutive neurological patterning, and a missed Session cannot be fully recovered. A minimum attendance of ninety percent (90%) of the scheduled in-pool Sessions is required. PHSL discloses this requirement before enrollment so that it may be weighed before the Guardian commits.
10.2 Notice of Absence. A Guardian shall notify PHSL of an anticipated absence as far in advance as practicable, and in any event before the Session begins.
10.3 Effect of Absence. A Session missed by the swimmer is not refundable and is not ordinarily replaced. PHSL may, at its discretion and without obligation, offer a catch-up arrangement where the schedule permits. Where absence is caused by illness or injury certified in writing, PHSL shall discuss with the Guardian whether deferral to a subsequent Batch under Section 12.6 is the more appropriate course.
10.4 Punctuality. A swimmer is expected to arrive warmed up and ready to train. A swimmer arriving after a Session has begun may be admitted at the discretion of the coach, having regard to the safety of the swimmer and the structure of the Session.
11. FEES, INVOICING, AND PAYMENT
11.1 The Fee. The Fee for a Batch is the amount stated in Annex A and in the invoice issued to the payor. The Fee is stated inclusive of all charges imposed by PHSL. PHSL does not levy a charge that has not been disclosed before the contract is formed.
11.2 Transparency of Price. Consistent with Republic Act No. 7394 and Section 23 of Republic Act No. 11967, PHSL displays the Fee, and the basis on which it is calculated, before enrollment is confirmed, and does not withhold the price of the Program at any stage of the enrollment process.
11.3 Invoicing and Receipts. PHSL issues an invoice within three (3) working days of confirmation of enrollment, and an official receipt or acknowledgment within three (3) working days of receipt of payment. Invoices and receipts may be issued in electronic form and are valid in that form under Republic Act No. 8792.
11.4 Payment Channels. Payment may be made through any channel designated by PHSL in the invoice. PHSL discloses that its designated channels include electronic wallet and bank transfer. Payment channels are operated by third parties under their own terms, and are regulated and supervised by the Bangko Sentral ng Pilipinas. PHSL does not collect, hold, or process card credentials or financial account numbers.
11.5 Proof of Payment. The payor shall send proof of payment to the electronic mail address in Section 2.2 within forty-eight (48) hours of transfer, quoting the invoice reference.
11.6 Taxes and Transfer Charges. Any tax lawfully due in connection with a payment is borne by the party on whom it is imposed by law. Any transfer or platform charge levied by a payment channel is borne by the payor.
11.7 Late Payment. Where an agreed instalment is not paid by its due date, PHSL may, after written notice and a period of not less than seven (7) calendar days to remedy, suspend the swimmer’s participation until payment is received. PHSL does not charge interest or a penalty on a late payment.
11.8 Instalments. Where an instalment schedule is agreed, it is recorded in the invoice. Agreement to an instalment schedule is a concession as to timing only and does not alter the total Fee.
12. CANCELLATION, WITHDRAWAL, AND REFUNDS
12.1 Purpose of This Section. This Section states when money is returned. It is written to be fair in both directions: PHSL commits coaching capacity, facility bookings, and preparation time to a named swimmer well before the first Session, and a late withdrawal cannot be filled; equally, a Guardian should not pay for what has not been delivered.
12.2 Cancellation by the Guardian Before the Program Commences. A Guardian may cancel at any time before the first Session by written notice. The refund due is as set out in the table at Annex A, which is summarized as follows: cancellation more than fourteen (14) calendar days before the first Session, full refund; cancellation between fourteen (14) and seven (7) calendar days before, refund of eighty percent (80%); cancellation within seven (7) calendar days before, refund of fifty percent (50%). Where PHSL is able to fill the vacated place from a waiting list, the refund is increased to one hundred percent (100%) in every case.
12.3 Withdrawal After the Program Commences. Where a swimmer withdraws after the first Session for reasons other than those in Sections 12.4, 12.5, or 12.6, the Fee is not refundable as to Sessions already delivered, and PHSL shall refund fifty percent (50%) of the portion of the Fee attributable to Sessions not yet delivered. PHSL shall state in writing how that amount was computed.
12.4 Cancellation for Failure by PHSL. Where PHSL fails to deliver the Program in material respects, or materially reduces the deliverables in Section 7.1 without the Guardian’s written agreement, the Guardian may cancel with immediate effect and is entitled to a full refund of the portion of the Fee attributable to Sessions not delivered, together with any other remedy available under law.
12.5 Cancellation by PHSL. PHSL may cancel a Batch before it commences where the minimum enrollment is not reached, where a suitable facility cannot be secured, or for any other reason. In that event the Fee is refunded in full, within fifteen (15) working days, without deduction of any kind.
12.6 Medical Deferral. Where a swimmer is unable to continue by reason of injury or illness certified in writing by a licensed physician, the Guardian may elect either a credit of the portion of the Fee attributable to Sessions not yet delivered, applicable to a subsequent Batch within twelve (12) months, or a refund of that portion. No administrative charge is levied for a medical deferral.
12.7 Removal for Conduct. Where a swimmer is removed under Section 13, the Fee attributable to Sessions already delivered is not refundable, and PHSL shall refund fifty percent (50%) of the portion attributable to Sessions not yet delivered. Where the removal arises from conduct of the Guardian rather than the swimmer, the refund is one hundred percent (100%) of that portion.
12.8 Force Majeure Affecting the Batch. Where a Batch cannot proceed by reason of an event described in Section 21, PHSL shall first offer to reschedule. Where rescheduling is not accepted or is not practicable, PHSL shall refund the portion of the Fee attributable to Sessions not delivered.
12.9 How a Refund Is Paid. A refund determined to be due is paid within fifteen (15) working days, to the same channel and the same payor from which payment was received unless otherwise agreed in writing. PHSL does not deduct a transfer charge from a refund payable by reason of its own cancellation or failure.
12.10 Rights Preserved. Nothing in this Section limits any right of a consumer under Republic Act No. 7394, Republic Act No. 11967, or any other law, and any provision of this Section that would have that effect is to be read down accordingly.
13. CONDUCT, SUSPENSION, AND REMOVAL
13.1 Expectations of Swimmers. A swimmer is expected to arrive on time and ready to train, to treat coaches, teammates, facility staff, and equipment with respect, to communicate openly with the Coaching Team about how the body and mind feel, and to be coachable and willing to absorb correction, recognizing that technique change requires patience and humility.
13.2 Expectations of Guardians. A Guardian is expected to observe the rules of the facility, to refrain from coaching or correcting during a Session, to communicate with the Coaching Team respectfully and through the channels provided, and to refrain from conduct that disrupts a Session or distresses another swimmer.
13.3 Suspension and Removal. PHSL may remove a swimmer from the Program in cases of repeated disrespect, disregard of a safety instruction, or conduct that disrupts the Batch, and may exclude a Guardian from the venue for conduct falling within Section 13.2. PHSL shall first give a warning in writing and a reasonable opportunity to correct the conduct, save where the conduct presents an immediate risk to the safety or welfare of any person, in which case removal may be immediate.
13.4 Safeguarding. Conduct by any person suggestive of sexual interest in a child, and any use or circulation of Footage suggestive of such interest, is reported immediately to the appropriate authority in accordance with the Video, Image and Footage Consent Policy. No commercial or reputational consideration delays such a report.
14. HEALTH, MEDICAL FITNESS, AND SAFETY
14.1 Medical Fitness. The Guardian warrants that the swimmer is medically fit to participate in high-intensity swim training and competitive in-water work, and shall furnish a medical clearance where one is requested by PHSL or indicated by the medical disclosure.
14.2 Duty to Disclose. The Guardian shall disclose every existing injury, chronic condition, allergy, medication, and recent surgery relevant to the swimmer’s participation, and shall inform PHSL in writing without delay of any change arising during the Program.
14.3 Reliance. PHSL designs and conducts the technical work in reliance on the information disclosed. To the fullest extent permitted by law, PHSL is not liable for any loss, injury, or damage arising from, or contributed to by, the failure to disclose a material condition, the furnishing of inaccurate or incomplete information, or the failure to notify PHSL of a change.
14.4 Inherent Risk. Competitive swimming and high-intensity in-water training involve inherent risks, including muscle strain, joint injury, shoulder impingement, water inhalation, contact with pool surfaces, and physical exhaustion. Those risks are accepted by the Guardian in the Parent and Guardian Consent and Liability Waiver, which governs that acceptance.
14.5 Right to Stop. A coach may stop a swimmer’s participation in a Session at any time where, in the coach’s judgment, continuing presents a risk to the swimmer. Such a decision is never a ground for complaint under these Terms.
14.6 Emergency Response. In an emergency, PHSL shall summon the lifeguarding and medical personnel present at the facility, contact the Guardian and the emergency contact, and disclose such health information as is necessary to protect the life and health of the swimmer.
15. THE WEBSITE AND THE PORTAL
15.1 Permitted Use. The website and the Portal are provided for the purpose of applying to, enrolling in, and participating in the Program. They may be used only for that purpose and only in accordance with these Terms and applicable law.
15.2 Accounts. Access to the Portal is by individual named account. An account holder shall keep credentials confidential, shall not share an account, and shall notify PHSL without delay of any suspected unauthorized use. PHSL may suspend an account where it reasonably suspects compromise or misuse.
15.3 Prohibited Conduct. A user shall not: upload material relating to any person other than the swimmer to whom the account relates; attempt to access data belonging to another swimmer; circumvent or test any security measure; introduce malicious code; scrape, harvest, or automatically extract content; reverse engineer the Portal or the Methodology; or use the website or Portal to harass, defame, or endanger any person.
15.4 Material Uploaded by Users. Where a Guardian or swimmer uploads Footage or other material, the Guardian warrants that it depicts only the swimmer, that it does not infringe the rights of any third party, and that the Guardian is authorized to upload it. PHSL may remove material that does not meet this warranty and shall notify the Guardian when it does so.
15.5 Licence to PHSL. By uploading material, the Guardian grants PHSL a non-exclusive, royalty-free licence to store, reproduce, annotate, extract frames from, and analyze that material, strictly for the purposes permitted by the consent given under the Video, Image and Footage Consent Policy and for no other purpose. The licence ends when the material is deleted under the Data Retention Policy or upon withdrawal of the relevant consent, whichever is earlier.
15.6 Availability. PHSL endeavors to keep the website and the Portal available but does not warrant uninterrupted or error-free operation. PHSL may suspend access for maintenance, security, or technical reasons, giving such notice as is reasonably practicable. Interruption of the Portal does not of itself reduce the Fee, provided the deliverables in Section 7.1 are ultimately provided.
15.7 No Automated Decisions. No decision affecting a swimmer is made by automated means alone. Every technical, selection, and progression decision is made by a human coach who bears responsibility for it.
16. INTELLECTUAL PROPERTY
16.1 PHSL Property. All rights in the Methodology, together with all curriculum design, drill libraries, diagnostic frameworks, measurement systems, scoring conventions, written materials, reports, slide decks, website and Portal content, and brand identity, and all derivative works of them, are and remain the exclusive property of PHSL.
16.2 Limited Licence to the Guardian. PHSL grants the Guardian and the swimmer a personal, non-exclusive, non-transferable licence to use the materials furnished under the Program for the swimmer’s own training. The end-of-Program summary report may be shared with the swimmer’s home club coach, and that sharing is encouraged.
16.3 Restrictions. Neither the Guardian nor the swimmer may reproduce, publish, sell, distribute, or make available to any coaching program, club, or commercial party the drill library, progressions, diagnostic frameworks, scoring conventions, or written materials of PHSL, nor use them to deliver or develop a competing program.
16.4 Swimmer’s Own Data. Nothing in this Section gives PHSL ownership of the swimmer’s personal data, of Footage of the swimmer, or of the swimmer’s times and results. Those remain the swimmer’s, and the Guardian’s rights in respect of them are governed by the Data Privacy Policy.
16.5 Feedback. Where a Guardian or swimmer offers a suggestion for the improvement of the Program, PHSL may use it without obligation, provided no personal data is published and no suggestion is attributed by name without written consent.
17. MEDIA, FOOTAGE, AND PRIVACY
17.1 Footage. The recording, review, storage, publication, and deletion of Footage are governed exclusively by the Video, Image and Footage Consent Policy (PHSL-VCP-2026-01). Consent to internal coaching use is required for participation, because a stroke fault cannot be diagnosed without recording. Consent to anonymized educational use and to marketing and promotional use is optional, is sought separately, is independently revocable, and is never a condition of enrollment or of price.
17.2 Personal Data. The collection and handling of personal data are governed by the Data Privacy Policy and Privacy Notice (PHSL-DPP-2026-01), the Data Retention Policy (PHSL-DRP-2026-01), and the Data Usage Policy (PHSL-DUP-2026-01). Those instruments confer rights on the Guardian and the swimmer which these Terms do not limit.
17.3 Testimonials. PHSL does not publish the name, image, times, or results of a swimmer as a testimonial without the specific written consent of the Guardian for that publication and, where the swimmer is fourteen (14) years of age or over, without the swimmer’s own acknowledgment.
18. COMMUNICATIONS AND ELECTRONIC TRANSACTIONS
18.1 Channels. PHSL communicates with Guardians by electronic mail, Short Message Service, messaging application, and through the Portal. Health information, Footage, and Program Data of an identifiable swimmer are exchanged only through the Portal or by access-controlled link, as required by the Data Privacy Policy.
18.2 Validity of Electronic Form. The Parties agree that an electronic document, electronic signature, and electronic data message have legal effect, validity, and enforceability under Republic Act No. 8792. Confirmation of enrollment, acceptance of these Terms, invoices, receipts, notices, and consents may be given and recorded electronically, including through a signature platform.
18.3 Notices. A notice under these Terms is given in writing to the electronic mail address recorded for the recipient, and is deemed received on the working day following transmission unless a delivery failure is received. A Guardian shall keep his or her contact details current.
18.4 Language. These Terms are issued in English. PHSL shall explain any provision in Filipino on request, and shall furnish a Filipino summary of these Terms on request. An explanation or summary is for understanding and does not vary the English text.
19. COMPLAINTS AND REDRESS
19.1 How to Complain. A complaint may be made in writing to the electronic mail address in Section 2.2. PHSL acknowledges within two (2) working days and gives a substantive reply within fifteen (15) working days, stating the findings, the action taken, and the remedy offered.
19.2 Record. PHSL maintains a record of every complaint and its resolution, retained in accordance with the Data Retention Policy, and reviews that record at the conclusion of each Batch.
19.3 External Recourse. Recourse to this internal process is not a condition of complaint to any authority and does not waive any right. A Guardian may complain to the Department of Trade and Industry in respect of a consumer matter, and to the National Privacy Commission in respect of a data protection matter. PHSL furnishes the contact details of either on request.
19.4 Primary Liability. Consistent with Republic Act No. 11967, PHSL accepts primary responsibility for indemnifying a consumer in a civil action or administrative complaint arising from an internet transaction with PHSL, subject to Section 21.
20. TERM, SUSPENSION, AND TERMINATION
20.1 Term. These Terms apply from acceptance until the conclusion of the Batch in which the swimmer is enrolled, save for the provisions which by their nature survive, namely those relating to intellectual property, confidentiality, data protection, limitation of liability, indemnity, and dispute resolution.
20.2 Suspension. PHSL may suspend participation only on the grounds stated in Sections 11.7, 13.3, 14.5, and 15.2, and shall state the ground in writing.
20.3 Termination by the Guardian. The Guardian may terminate at any time by written notice, with the financial consequences in Section 12.
20.4 Termination by PHSL. PHSL may terminate where the Guardian commits a material breach of these Terms and fails to remedy it within ten (10) calendar days of written notice, or on the grounds in Section 13.3, with the financial consequences in Section 12.
20.5 Effect. On termination, PHSL shall issue the end-of-Program material produced to that date, settle any refund due, and handle the swimmer’s personal data in accordance with the Data Retention Policy.
21. SCOPE LIMITATION, ALLOCATION OF RESPONSIBILITY, AND LIABILITY
21.1 Nature of the Engagement. PHSL is engaged solely to provide specialist technical swimming coaching, diagnostic observation, measurement, and the reporting of technical findings. PHSL is not engaged to provide, and does not provide, medical care, medical evaluation, medical diagnosis, physiotherapy, nutritional prescription, psychological or psychiatric treatment, lifeguarding, facility safety oversight, or the supervision of a swimmer outside a scheduled Session. Nothing in these Terms, and nothing contained in any record generated under them, constitutes or is to be relied upon as medical advice or a medical opinion.
21.2 Responsibility of the Facility and the Partner Organization. Responsibility for the safety and suitability of the training facility, for the presence of lifeguarding and of qualified medical personnel where required, for emergency response, and for the general welfare of a swimmer outside a scheduled Session, rests with the facility operator and with the partner organization that secured the facility. PHSL does not assume and is not to be treated as having assumed any of those responsibilities by reason of the adoption of these Terms.
21.3 Warranties of the Guardian. By enrolling a swimmer, the Guardian warrants that: (a) he or she is the parent or legal guardian of the swimmer and is authorized to contract and to give the consents recorded in the Parent and Guardian Consent and Liability Waiver; (b) the information furnished to PHSL, and in particular the medical disclosure, is true, complete, current, and not misleading; (c) he or she will inform PHSL in writing, without delay, of any change in that information; and (d) he or she will not upload or transmit to PHSL the personal data of any person other than the swimmer without that person’s authority.
21.4 No Guarantee of Outcome. Swimming performance is influenced by many factors beyond technical coaching, including individual physiology, growth, recovery, training load carried outside the Program, mental state, competition conditions, and circumstances outside the control of PHSL. PHSL does not warrant or guarantee any specific time improvement, qualifying result, selection outcome, or competitive result for any swimmer, and no statement in any record generated under these Terms is to be construed as such a warranty.
21.5 Third-Party Platforms and Facilities. PHSL uses hosting, storage, electronic mail, calendar, messaging, and payment services operated by third parties, and conducts Sessions at facilities operated by third parties. PHSL selects them with reasonable care and engages processors under written agreement, but does not warrant the operation of a platform or facility it does not control, and is not liable for the act or omission of such a party, save to the extent that liability arises from PHSL’s own act, omission, or failure to exercise reasonable care in that party’s selection or instruction.
21.6 Security of the Guardian’s Own Environment. Where PHSL furnishes material to a Guardian or swimmer, responsibility for the security of that material once received, including the security of the recipient’s device, account credentials, and network, and any onward sharing by the recipient, rests with the recipient. PHSL is not liable for a disclosure arising from the recipient’s own act or omission.
21.7 Personal Property. PHSL does not accept responsibility for the loss of or damage to personal property brought to a venue, including swimwear, equipment, electronic devices, and valuables, save where the loss or damage is caused by PHSL’s own negligence.
21.8 Force Majeure. PHSL is not liable for a failure or delay in performance to the extent caused by an event beyond its reasonable control, including natural disaster, public health emergency, governmental action, civil disturbance, facility closure, or the failure of a public utility or telecommunications network. PHSL shall give notice of the event and shall resume performance as soon as reasonably practicable. This provision does not extend the seventy-two (72) hour period for the notification of a personal data breach under the Data Privacy Policy, and does not displace the refund entitlement in Section 12.8.
21.9 Limitation of Liability. To the fullest extent permitted by law, and save as provided in Section 21.11, the aggregate liability of PHSL to a Guardian or swimmer arising out of or in connection with these Terms, whether in contract, quasi-delict, or otherwise, shall not exceed the total Fee actually received by PHSL in respect of that swimmer, and PHSL shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of opportunity, loss of selection, or loss of sponsorship.
21.10 Indemnity by the Guardian. The Guardian shall indemnify PHSL against any third-party claim, and any reasonable expense arising from it, caused by the Guardian’s breach of Section 21.3, by the swimmer’s willful disregard of a safety instruction, or by the Guardian’s unauthorized publication of material belonging to PHSL. This indemnity does not extend to any claim arising from PHSL’s own negligence, gross negligence, or willful misconduct.
21.11 Non-Derogation. Nothing in these Terms operates, or is to be construed as operating, to: (a) exclude or limit the liability of PHSL for gross negligence or willful misconduct; (b) exclude or limit any liability which cannot lawfully be excluded or limited; (c) waive, diminish, or condition any right of a consumer under Republic Act No. 7394 or Republic Act No. 11967, or any right of a data subject under Republic Act No. 10173, its Implementing Rules and Regulations, or the issuances of the National Privacy Commission, every such right being non-waivable and every purported waiver of it being void; (d) restrict the right of any person to complain to the Department of Trade and Industry, the National Privacy Commission, or any other competent authority; or (e) limit the rights of a child under Republic Act No. 7610, Republic Act No. 11930, or any other law enacted for the protection of children. Any provision of these Terms which would otherwise have such an effect shall be read down to the minimum extent necessary to give effect to this Section, and shall otherwise remain in full force.
21.12 No Unfair Term Intended. PHSL does not intend any provision of these Terms to operate as a deceptive, unfair, or unconscionable sales act or practice within the meaning of Republic Act No. 7394 or Republic Act No. 11967. Where a provision is found to have that effect, PHSL shall amend it and shall apply the amended provision to any affected Guardian who requests it.
21.13 Relationship to the Waiver. This Section supplements, and does not replace, reduce, or supersede, the assumption of risk, release of liability, and indemnity provisions of the Parent and Guardian Consent and Liability Waiver. Where the two instruments address the same subject matter, they are read together and cumulatively.
22. GOVERNANCE, REVIEW, AND AMENDMENT
22.1 Accountability. The Founder is accountable for compliance with these Terms and for the conduct of every coach, specialist, contractor, and volunteer engaged by PHSL. Each such person executes a written undertaking before engagement, and a breach of these Terms by any of them is a ground for suspension or termination of that engagement.
22.2 Review. These Terms shall be reviewed at least once every twelve (12) months, and additionally upon any material change in the operations of PHSL, upon the completion of business registration, and upon the issuance of any law, regulation, or administrative issuance bearing on their subject matter.
22.3 Amendment. An amendment takes effect upon publication on the PHSL website and Portal. Where an amendment materially affects the rights or obligations of a Guardian, PHSL shall notify affected Guardians directly, giving not less than fifteen (15) calendar days’ notice. An amendment does not apply to a Batch already commenced unless the Guardian agrees in writing, and a Guardian who does not accept a material amendment affecting a Batch not yet commenced may cancel with a full refund.
22.4 Consistency Across the Set. An amendment to these Terms which affects another instrument in the set shall be made to both at the same time, so that the set remains internally consistent.
22.5 Version Control. Every version of these Terms shall be retained together with its dates of effectivity, so that the terms applicable at any past date can be established.
23. MISCELLANEOUS
23.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines.
23.2 Dispute Resolution. The Parties shall first attempt to resolve any dispute through good faith discussion. Where a dispute is not resolved within thirty (30) calendar days, the Parties may submit it to non-binding mediation in Metro Manila. Failing resolution, the courts of Quezon City, Philippines, shall have jurisdiction. Nothing in this Section prevents a consumer from bringing a complaint before the Department of Trade and Industry or any other competent authority, or from availing of any summary procedure available to him or her by law.
23.3 Independent Relationship. PHSL and the Guardian are independent of each other. Nothing in these Terms creates an employment relationship, joint venture, agency, or partnership in the legal sense.
23.4 Assignment. A Guardian may not assign these Terms. PHSL may assign them only to a successor entity formed on completion of its business registration, and only on terms that preserve every right of the Guardian and the swimmer.
23.5 Entire Agreement. These Terms, together with the schedule issued for the Batch, the invoice, the annexes, and the instruments identified in Section 3.1, constitute the entire agreement between PHSL and the Guardian on their subject matter, and supersede all prior discussions and writings. Nothing in this Section excludes liability for a fraudulent or negligent misrepresentation.
23.6 Severability. Should any provision be held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
23.7 No Waiver. The failure of PHSL to enforce any provision shall not constitute a waiver of that provision or of any other.
23.8 Interpretation. Headings are for convenience only. The singular includes the plural and the plural the singular. A reference to a statute or issuance includes that instrument as amended, superseded, or replaced. The words "including" and "in particular" are illustrative and not limiting.
23.9 Publication. These Terms shall be published in full on the PHSL website and Portal, furnished to every Guardian before enrollment is confirmed, and made available to any competent authority upon request.
23.10 Effectivity. These Terms take effect on the date stated in the Document Control table and remain in force until amended or superseded in accordance with Section 22.
ANNEX A SCHEDULE OF FEES, CANCELLATION, AND REFUNDS
Completed for each Batch and issued to the Guardian before enrollment is confirmed. The figures below are those applicable to the Batch named.
| Field | Entry |
|---|---|
| Batch reference | |
| Fee per swimmer, in Philippine Pesos | |
| What the Fee covers | The deliverables in Section 7.1 of these Terms |
| Payment options offered | Payment in full on confirmation of enrollment, or an agreed instalment schedule recorded in the invoice |
| Designated payment channels | |
| Invoice reference series | |
| First Session date | |
| Schedule and venue confirmed on |
REFUND SCHEDULE
| Circumstance | Refund | Notes |
|---|---|---|
| Application declined by PHSL | 100% | Paid within fifteen (15) working days. |
| Cancellation by the Guardian more than 14 calendar days before the first Session | 100% | No administrative charge. |
| Cancellation by the Guardian between 14 and 7 calendar days before the first Session | 80% | Increased to 100% if the place is filled from a waiting list. |
| Cancellation by the Guardian within 7 calendar days before the first Session | 50% | Increased to 100% if the place is filled from a waiting list. |
| Withdrawal after the Program commences, by choice | 50% of the Fee attributable to Sessions not yet delivered | Sessions already delivered are not refundable. Computation given in writing. |
| Withdrawal on certified medical grounds | 100% of the Fee attributable to Sessions not yet delivered, or a credit valid 12 months | Guardian elects. No administrative charge. |
| Removal for conduct of the swimmer | 50% of the Fee attributable to Sessions not yet delivered | Preceded by written warning save where safety requires immediate removal. |
| Removal arising from conduct of the Guardian | 100% of the Fee attributable to Sessions not yet delivered | |
| Cancellation of the Batch by PHSL | 100% | No deduction of any kind. Paid within fifteen (15) working days. |
| Material failure to deliver by PHSL | 100% of the Fee attributable to Sessions not delivered | Without prejudice to any other remedy at law. |
| Session not delivered and not replaced | The proportion of the Fee attributable to that Session | Or a replacement Session in a subsequent Batch at no charge, at the Guardian’s election. |
| Force majeure preventing the Batch | The proportion of the Fee attributable to Sessions not delivered | PHSL offers rescheduling first. |
Nothing in this schedule limits any right of a consumer under Republic Act No. 7394 or Republic Act No. 11967.
ANNEX B ENROLLMENT CONFIRMATION AND ACCEPTANCE
Completed by the parent or legal guardian before the swimmer’s first Session. It records acceptance of these Terms and does not replace the Parent and Guardian Consent and Liability Waiver or the Footage Consent Form, both of which must also be executed.
| Field | Entry |
|---|---|
| Full name of swimmer | |
| Date of birth and age | |
| Full name of parent or legal guardian, and relationship to swimmer | |
| Mobile number and electronic mail address | |
| Batch reference | |
| Fee agreed, in Philippine Pesos, and payment option elected |
I confirm that:
I am the parent or legal guardian of the swimmer and I am authorized to contract on his or her ☐ behalf. I have read and accept the Terms and Conditions (PHSL-TAC-2026-01) in full. Sections 12, 14, ☐ and 21 were drawn to my attention before I paid. I have read the Data Privacy Policy and the Footage Consent Policy, and executed the Footage ☐ Consent Form separately. I have executed the Parent and Guardian Consent and Liability Waiver and completed the medical ☐ disclosure truthfully. I understand the Fee covers only the deliverables in Section 7.1, and that Section 8.1 is excluded. ☐ I understand that PH Stroke Lab does not guarantee any time improvement, qualifying result, or ☐ selection outcome, and I understand the attendance requirement and the refund schedule at Annex A.
| Signature of parent or legal guardian | Date |
|---|---|
| Printed name | |
Where the swimmer is fourteen (14) or over, the swimmer also acknowledges:
| Signature of swimmer | Printed name | Date |
|---|---|---|
| Countersigned for PH Stroke Lab | Printed name | Date |