Terms & Conditions
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SwimFun Academy & Survival Aquatics
Policies, Procedures, Waiver & Release of Liability and Fee Agreement
It is critical that you understand the Policies, Procedures, Waiver & Release of Liability and Fee Agreement of the SwimFun Academy & Survival Aquatics system to ensure each student has a fun, rewarding, progressive and safe experience when learning to swim, playing our games, partaking in parties and participating in our STEM-centric Camps and Programs.
Most of our Swim Academy, semi-private or private lessons are 30 minutes in length, 1-2 days per week. Our Survival Aquatics lessons are 10 minutes in length, 4 days per week for an average of 5 weeks. We offer a variety of class times. Please note the class description for each lesson format before you enroll.
There are certain registration deadlines for the SwimFun Academy & Survival Aquatics system. Students who are registered for lessons can sign up and join lessons up to approved times, subject to available capacity and the number of requested lessons and/or the lesson/monthly plan selected, as solely determined by SwimFun Academy & Survival Aquatics.
Tuition and Fees
Survival Aquatics: Once your student is registered for classes within a specific Survival Aquatics program, you will be billed for the first week’s tuition and an annual service fee. Our Survival Aquatics offerings are based on age, ability to walk and experience. Lessons are 4X/week for 10min at a time. Depending on outcomes, Survival Aquatics ranges an average of 5 weeks. We will strive to offer multiple billing/pay options for flexibility. Fee can be paid in full or weekly and then, if additional weeks are needed, you will be billed weekly in advance after the first month.
Annual Membership/Service Fee
An annual membership fee must be paid by you for each student when he/she is registered for any of the above programs regardless of the length of program. Thereafter, the annual service fee will be billed during the month of your registration anniversary and is not refundable or transferable for any reason. The service fees cover all admin AND free-play of our games during Swim Lessons. We will strive to prorate this fee into your monthly membership cost when possible, thus reducing the overall upfront burden.
Methods of Payment
Electronic payments are the preferred payment methods accepted by SwimFun Academy & Survival Aquatics. Electronic payments include credit cards and debit cards. You are responsible for making sure your method of payment remains current and valid. In the event your method of payment lapses for any reason and we are unable to collect payment from you, your student(s) may be withdrawn from classes at the sole determination of SwimFun Academy & Survival Aquatics.
Refunds and Cancellations after Initial Registration
We will grant you a full refund (of the applicable tuition and the annual service fee) if you cancel your student’s initial registration for a program within the first 48 hours after you have paid the tuition and annual service fee for such program. No refund will be provided in connection with any cancellations made after this 48-hour time period, regardless of the reason for such cancellation. Please understand that when you enroll your student in a program, you are reserving a slot in a program that is in high demand and could be filled by other students. As a result, your payment for reserving a slot in that program will be retained by SwimFun Academy & Survival Aquatics even if your student does not attend any lessons provided in such program. Accordingly, it is your responsibility to make sure your vacations, appointments, and other activities do not interfere with any of the lessons in a program for which you have enrolled your student and paid for a slot in such program.
Withdrawing from Lessons
To withdraw a student from lessons under any program after the student has begun taking lessons within that program, please email email@example.com with a Cancellation Request, your full name and your child’s full name and we require a full 30 days’ notice for cancellations. No exceptions.
Make-Up Lesson Due to Student Absence
Students are eligible for one (1) make-up lesson every calendar month due to the student’s absence. The make-up lesson must be completed within three (3) weeks from the date of the original absence and is subject to the availability of instructors and time slots. No credit will be given if the student is subsequently unable to attend the scheduled make-up lesson. A student’s right to a make-up lesson cannot be transferred to any other student.
Please make sure your student is on time for lessons. Lessons begin and end at very specific times. Please arrive early enough so your student has time to stop by the bathroom, get changed and get his/her equipment ready before the lesson begins.
Advancement of Students to the Next Class Level
Every student will learn skills at different rates. You should never look at another student and wonder why your student is not learning at the same pace as that other student. Swimming is a skill that takes time, patience and plenty of practice. Therefore, students will be evaluated regularly to determine if they have mastered the skills required in conjunction with a particular class level. Instructors will promote students to the next level when they believe they are ready.
Changing Areas, Restrooms and Locker Rooms
Please refer to the specific locker room policies and guidelines of SwimFun Academy & Survival Aquatics
Unless otherwise directed by their respective instructors, all students should wear a pair of goggles at every class. Although we do not offer loaner goggles, goggles are available for purchase at SwimFun Academy & Survival Aquatics.
All students must wear appropriate swimwear.
All students under the age of three (3) years old and students who are not potty-trained must wear a reusable (non-disposable) swim diaper. Reusable diapers have a tighter fit, which helps to minimize the possibility of accidents in a pool. A swimsuit or a pair of shorts should be worn over the diaper. Even a small accident in the pool can result in a pool closure which could last as long as 24 hours. If in doubt, please do not take the chance. Reusable (non-disposable) swim diapers are available for purchase at SwimFun Academy & Survival Aquatics.
Any students who have hair long enough to get in their eyes, face or mouth might be required to wear a swim cap to enhance their comfort. Swim caps are available for purchase at SwimFun Academy & Survival Aquatics.
Students must bring their own towels. Towels are not provided by SwimFun Academy & Survival Aquatics but are available for purchase.
Please remain at the SwimFun Academy & Survival Aquatics facility for the entire duration of your student’s lessons. Please watch your student from the viewing area located in the lobby of the facility unless otherwise requested by the student’s instructor. Our goal is to give each student the best learning experience possible, so please refrain from interrupting your student’s lesson. If you wish to speak with your student’s instructor, please contact a representative at the facility’s front desk to coordinate a meeting with the instructor.
Please Keep Your Eyes on the Pool
Although we strive to have small classes and attentive instructors, it only takes an instant for a child to slip underwater. If this occurs, please alert us immediately in any way possible. And when this occurs, the impact of the event will depend on the reaction of the parent. If possible, try to keep your momentary concern concealed behind a smiling, encouraging face, in which there will be a very good chance your child will recover very quickly from the incident. We want to keep our students safe and nothing works better than having the helpful eyes of their parents and guardians on their activities at all times.
Food and Snacks
GLASS IS NEVER ALLOWED ON THE POOL DECK. To keep the pool area clean, food and drink are not allowed in the pool area at any time. The only exception to this rule is bottled water as long as it is in a non-glass container.
An upset child will calm down much quicker when realizing he or she must focus on the instructor and Mom or Dad will return when the crying has stopped. Unless requested by the instructor, please remain in the lobby when your child is crying.
Applicability of Terms and Conditions
It is your sole responsibility to ensure that anyone acting on your behalf in connection with the services offered at SwimFun Academy & Survival Aquatics is aware of, and complies with, the policies and procedures set forth herein.
Email and SMS
By signing/e-agreeing to this document, you are agreeing to receive emails and SMS notifications (standard messaging rates apply) relating to your account in its entirety, lesson times and promotions and general communications from SwimFun Academy & Survival Aquatics.
This Agreement shall be governed and interpreted by, and construed and enforced in accordance with, the laws of the State of Florida without regard to its principles of conflicts of laws. Each of the parties hereto expressly and irrevocably (1) agree that any legal suit, action or proceeding arising out of or relating to this Agreement (SwimFun Academy & Survival Aquatics
Policies, Procedures, Waiver & Release of Liability and Fee Agreement) will be instituted exclusively in either the County or Circuit Court in St. Johns County, Florida (2) waive any objections they may have now or hereafter to the venue of any such suit, action or proceeding, and (3) consent to the in persona jurisdiction of either the County or Circuit Court in St. Johns County, Florida in any such suit, action or proceeding. THE PARTIES HERETO AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT (SwimFun Academy & Survival Aquatics
Policies, Procedures, Waiver & Release of Liability and Fee Agreement) OR ANY RELATED REPRESENTATION, OFFERING, STATEMENT, OR TRANSACTION.
WAIVER AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS, including but not limited to, including those caused by any negligent act or omission by any of the Released Parties, by anyone at or using any facility at which any SwimFun Academy & Survival Aquatics program is conducted or as a result of a defective product. This provision will apply to ordinary acts of negligence but will not apply to gross acts/omissions of negligence, willful, or wanton acts/omissions or those of an intentional/criminal nature.
BY AGREEING TO (Clicking or Accepting) OR SIGNING BELOW, YOU ARE ACKNOWLEDGING AND ACCEPTING THE FOLLOWING:
I am the parent or guardian of the participant(s) listed below (“Participant”) who will be enrolled in swim lessons, survival aquatics, STEM Programs and/or attending a party at SwimFun Academy & Survival Aquatics. I hereby acknowledge that I understand that swimming is a hazardous activity. I recognize that there are risks inherent in the sport of swimming, including but not limited to, minor injuries, major injuries, paralyzing and catastrophic injuries and death. Further, I, individually and on behalf of the Participant, understand and voluntarily accept these risks. Accordingly, I, individually and on behalf of the Participant, do hereby waive, release, indemnify, and forever hold harmless Swim Ventures, Inc. dba SwimFun Academy & SurvivalAquatics and each of its licensees, and affiliates, and their respective owner(s), directors, officers, agents, employees, representatives, successors and assigned administrators, and executors, as well as any facility at which a SwimFun Academy & Survival Aquatics program is conducted and each of their respective owner(s), directors, officers, agents, employees, representatives, successors and assigns, administrators and executors (collectively, the “Released Parties”) from all liabilities and claims for any injuries, losses, death, damages, or costs (including reasonable attorneys’ and experts’ fees) to myself, the Participant, my spouse, child, guests, unborn child(ren), or relatives which arise out of or are incident to the Participant’s participation in any activities relating to the swimming lessons or facility events provided by SwimFun Academy & Survival Aquatics or my attendance at any activities relating to the swimming lessons or facility events provided by SwimFun Academy & Survival Aquatics, including those caused by any negligent act or omission by any of the Released Parties, by anyone at or using any facility at which any SwimFun Academy & Survival Aquatics program is conducted or as a result of a defective product. This provision will apply to ordinary acts of negligence but will not apply to gross acts/omissions of negligence, willful, or wanton acts/omissions or those of an intentional/criminal nature.
AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT
In the event of a medical emergency involving the Participant, I hereby grant authorization to Swim Ventures Inc. dba SwimFun Academy & Survival Aquatics, any of its affiliates and franchisees which conduct a SwimFun Academy & Survival Aquatics program, and any of their respective officers, employees, or agents, 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 Participant. I agree to pay all costs associated with any medical treatment for the Participant, including any transportation and medical facility costs. Further, I acknowledge and agree that neither Swim Ventures Inc. dba SwimFun Academy & Survival Aquatics and any of its affiliates and franchisees, nor any of their respective officers, employees, or agents, will be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency involving the Participant.
CONSENT TO USE OF IMAGE OR LIKENESS OF STUDENT
I understand that photography and audio and video recordings are occasionally taken at the SwimFun Academy & Survival Aquatics for promotional and marketing purposes. I hereby agree, individually and on behalf of the Participant, that the image, likeness, or statements of myself, the Participant, and any member of my family may be used by Swim Ventures, Inc dba SwimFun Academy & Survival Aquatics and any of its affiliates and franchisees in promotional and marketing materials in any form or medium, whether now or hereafter existing, including but not limited to printed materials, digital content, and social media postings.
I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION, ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. BY CLICKING “ACCEPT” HERE, I UNDERSTAND THAT THE INFORMATION PRESENTED WILL GOVERN MY RELATIONSHIP AND THE PARTICIPANT’S RELATIONSHIP WITH THE SWIMFUN ACADEMY & SURVIVAL AQUATICS PROGRAM. MY ACCEPTANCE HERE SUPERSCEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH ANY SWIMFUN ACADEMY & SURVIVAL AQUATICS.
The entities included within the term “Released Parties” above include but are not limited to the following: Swim Ventures, Inc dba SwimFun Academy & Survival Aquatics.
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