SWIM HAVEN
Terms & Conditions
Waiver of Liability for Delivering Swim Lessons and Lifeguarding Services
1 Introductory Swim Class and Lesson Packages:
Initially you need to sign up for the mandatory Introductory Swim Class. After completion of the Introductory Swim Class and the suggested program according to your needs and goals, you can sign up for the single swim lessons or the 7 Lesson Package. Introductory Swim Class must be prepaid by credit card upon registration.
2 Payment Policies:
A valid credit card is required to complete your swim lesson registration. All lessons must be prepaid. Tips are not mandatory, however, they are greatly appreciated at the end of lesson package for a job well done. Any travel time over 30 minutes of SWIM HAVENs location (North Miami Beach FL, 33160) to customers pool will require a travel fee. Customer is responsible for instructor parking fees. Customer is responsible for all entrance fees if a third-party pool is used for swim lessons.
3 Swim Instructors and Lifeguards:
We will assign a swim instructor / lifeguard to your lesson package / pool party based upon your location, availability, and the age and ability of the swimmer(s). SWIM HAVEN reserves the right to use other instructors / lifeguards without prior notice in order to accommodate the assigned swim schedule / lifeguard event.
4 Preparedness:
All swimmers should be at their lesson location, dressed in a swimsuit, and ready to begin their lesson at the scheduled start time. The lessons will end at their regularly scheduled time. Please call our office to let us know you are running late. Unfortunately, there are no make-ups for the time lost. Please keep in mind that the instructor will have another lesson immediately after your lesson.
5 Parental Supervision:
For swimmers less than 18 years of age, we require that a parent / guardian maintain direct supervision at all times during the lessons or pool parties. We recommend that parents of preschoolers watch from a distance or inside through a window, but MUST be present AT ALL TIMES. Parents are required to be in water with all swimmers under the age of 2. The instructor reserves the right to end the lesson if no guardian is present and the lesson will be charged to the client.
6 Cancellations and Make-ups:
You can cancel your booked lesson package until you have been assigned a confirmed schedule (via contract in person, email or text message) by a swim instructor of SWIM HAVEN. Once you have a confirmed schedule with an instructor, cancellation will no longer be accepted. Cancellation must be done via email. The cancellation fee amount is $50 per registration. It helps to cover the cost of processing a registration. The Introductory Swim Class ($50/$60) is non-refundable. We do not offer make up classes for sickness, no-shows or unusable clients pools. If you plan to go on vacation during your swim lesson package please notify SWIM HAVEN prior/ upon registration under “additional request” of your travel dates, since only those mentioned in your registration can be honored.
7 Cancellations Due to Weather:
In case of bad weather (lightning or extremely dangerous weather) of the DAY and TIME of your scheduled lesson your assigned instructor will decide if class can be taught. In case your class has to be cancelled due to weather, you will be rescheduled at no charge. If a lesson has already begun and needs to be stopped, due to weather, the remaining lesson time will be added to your remaining lessons. High temperatures or rain showers are not considered a valid reason to cancel your class.
8 Cancellation by SWIM HAVEN:
I hereby give SWIM HAVEN the right to refuse me to participate in swim lessons if they have determined in its sole discretion that it is in the best interest of SWIM HAVEN and/or the applicant. SWIM HAVEN reserves the right to cancel swim lessons without any refund if the participant is extremely disorderly, inappropriate and/or creates a risk of harm to his or herself or others. Inappropriate conduct includes, but is not limited to the following: sexual harassment, biting, scratching, spitting, excessive crying and yelling. If a lesson is cancelled due to inappropriate conduct of the swimmer, we won't honor any refund. SWIM HAVEN reserves the right to cancel swim lessons (e.g. due to technical defects, illness of the instructor or other compelling unforeseeable events) without any make-up classes. Of course in this case, SWIM HAVEN endeavors to reschedule the missed lesson as an act of generosity and to accommodate your missed lesson.
9 Pool Conditions:
In order for our instructors to provide the best learning experience possible, please ensure that your pool is kept at a minimum 84F degrees and that your pool is algae-free. We reserve the right to cancel or cut short the lesson without refund due to inadequate pool temperature or unsanitary pool conditions. Clients are responsible for availability and good conditions of pool on scheduled day and time. Unavailable pools (no water, chemical issue, pool closure etc) of the day of lesson will count as a regular lesson and can not be rescheduled.
10 Multimedia, Video & Photo Release:
I understand and acknowledge that photographs or video recordings may be taken during the booked lessons for marketing purposes. I do herby assign and transfer unto SWIM HAVEN, its successors and assigns, all my right, title and interest in and to photographs and video recordings made during all swim lessons. Photos and videos are occasionally taken and are used for SWIM HAVEN´s publicity purposes on our website and social media. I grant SWIM HAVEN the unlimited right to use and/or reproduce photographs, recorded video, and/or the voice of me, my family and children, in any legal manner and for the internal or external promotional and informational activities of SWIM HAVEN, including but not limited to print, publicity, advertising, and web content. I further understand that by signing this release, I waive any and all present or future compensation rights to the use of the above stated materials. Photos and videos during swim classes, recorded or taken by the customer, are solely allowed to be taken after permission by the individual swim instructor.
11 Assumption of Risk:
I understand, agree and acknowledge that there are risks inherent in the sports activities conducted by SWIM HAVEN including, but not limited to, paralyzing injuries, brain injuries, and death. These activities may be of a hazardous nature and/or may include activities such as swimming, diving, and a variety of strenuous exercise and physical activities. With the full understanding of the facts, I state that to the best of my knowledge, my son/daughter or myself listed has no medical, physical, or emotional health conditions that would hinder or prevent the participation of the programs of SWIM HAVEN. I hereby knowingly assume the risk of any injury to my son/daughter or myself that could result from participation in activities of SWIM HAVEN.
12 Waiver:
I understand that I am participating the booked lesson(s) at my own risk and that SWIM HAVEN is in no way responsible for me other than for negligence by SWIM HAVEN. I hereby represent that I am in good health, I have no communicable diseases, I have no physical or medical condition that would interfere with my use of the equipment, and I have consulted with my physician to confirm that I am medically permitted and able to participate in swim lessons and / or use the swimming equipment. I understand, agree and acknowledge that swimming can be dangerous and the facilities at which a lesson takes place may contain hazards that could result in your injury or death or damage to you and your property. The instructor and also the equipment used at a lesson could cause you injury or death or damage to your property. You assume all risks of injury, death, and property damage related to all lessons scheduled through SWIM HAVEN. SWIM HAVEN does not inspect or maintain any facilities or homes at which any lesson takes place and is not responsible for the behavior of any client and only responsible for negligence by SWIM HAVEN. By scheduling a lesson, you are agreeing that SWIM HAVEN has no liability whatsoever for any injury, death, or property damage suffered by you in connection with such lesson(s). In addition the same terms and conditions apply for lifeguarding services booked through SWIM HAVEN.
13 Liability Release:
I agree and understand that swimming is a HAZARDOUS activity. I recognize that there are risks inherent in the sport of swimming, including but not limited to, paralyzing injuries and death. As the legal parent or guardian, I release and hold harmless SWIM HAVEN, its owners, operators, contractors and instructors from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the swimmer and/or myself, while in or upon the premises or any premises under the control and supervision (lifeguarding services) of SWIM HAVEN, its owners, operators, contractors, instructors, lifeguards, and pool hosts. In no event shall SWIM HAVEN be liable for any injury, loss, claim or damages (including indirect, special, exemplary, punitive, incidental, or consequential damages) of any kind, whether based in contract, tort, or otherwise, which arises out of or is any way connected with any use of the services, the site, or its content, any failure or delay (including, including but not limited to, the use or inability to use any component of the services) or the performance or non-performance of any instructor/lifeguard and/or client in connection with the services, even if SWIM HAVEN has been advised of the possibility of such damages. I do hereby knowingly, freely and voluntarily release, acquit, waive, discharge and covenant to hold harms to SWIM HAVEN and their employees, contractors, volunteers and their respective heirs, successors and assigns from any and all liability claims, causes of action, suits, controversies, contracts, promises, damages, debts, costs, expenses, loss of services, compensation, judgements, executions or demands whatsoever which may be sustained by me directly or in whole or in part which may be caused due to my own actions or interaction, due to the actions or interaction of any third party, and/or all of its employees, contractors, instructors, lifeguards, volunteers or otherwise. In addition to the terms above, you represent that you and your child or pool guests are in good physical condition and that there is no medical condition or impairment that might prevent you or your child from participating in swim lessons. You further acknowledge that the Releasees have not given you or your child medical advice related to your physical condition and ability to participate. If you have any health or medical concerns now or later, discuss them with your doctor and inform SWIM HAVEN immediately via email to info@swimhaven.com.
14 Consent for Emergency Medical treatment:
In the event of a medical emergency, the undersigned Participant or Parent/Guardian of the Participant(s) listed below, hereby grants authorization to SWIM HAVEN, its management, directors and agents, franchisees, its members, associates and employees and owner/operators, to employ any legally licensed physician or health care facility on behalf of the participant, and to direct and/or order emergency medical treatment for the participants. I understand that this authorization is given prior to any need for medical care, but given to avoid unnecessary delay in emergency treatment which the attendant and/or medical professional may deem advisable in the exercise of best judgment. I further agree that SWIM HAVEN shall not be liable under any circumstances to anyone for exercising and or ordering emergency medical treatment for myself and/or the participant(s). Each of the undersigned also agrees that neither SWIM HAVEN, owner/operators nor any of their respective representatives, shall be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency. Further, the participant and/or parent/guardian agrees to pay all costs associated with medical care and transportation for the participant. I have informed SWIM HAVEN via email to info@swimhaven.com of any medical/health problems of which SWIM HAVEN should be aware.
15 Copyright:
All content is subject to copyright had may not be reproduced in any form without express written consent of the author.
16 Privacy Policy: