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Waiver/Release of Liability, Medical Consent, and Policies

Please read carefully before signing. This is a release of liability and waiver of certain legal rights. Effective Date: 09/01/2023

AGREEMENT AND RELEASE OF LIABILITY

This agreement is between the participant or parent/guardian of the participant and Swimtelligent Swim Club LLC, its coaches, officers, directors, owners, agents, authorized guests, affiliated organizations, and employees.

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I recognize that there are risks inherent in the sport of swimming including but not limited to, paralyzing injuries and death. I am aware that activity during classes may involve strenuous physical activity and that I or my child/dependent will be practicing or performing in situations that may be demanding and/or stressful.

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I am voluntarily enrolling myself or my child/dependent with knowledge of the risks involved of   participating in swimming lessons and hereby agree to accept any and all risk of injury that may occur and to indemnify and hold harmless Swimtelligent Swim Club LLC, its coaches, officers, directors, owners, agents, authorized guests, affiliated organizations, and employees against any liability resulting from any injury that may occur to the participant while participating in the lessons/programs or while on premises inside or directly around the premise of the swim school.

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The participant also agrees to indemnify Swimtelligent Swim Club, for any damage incurred arising from any claims, demand, action or cause of action by the participant.

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I agree that I, my heirs, legal representatives and assigns do hereby agree to:

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  1. NOT make claims against Swimtelligent Swim Club LLC, its coaches, officers, directors, owners, agents and employees for any damage to myself or my child/dependent or another resulting from participation in this or any other program offered by Swimtelligent Swim Club LLC.

  2. Waive, release, and discharge Swimtelligent Swim Club LLC, its coaches, officers, directors, owners, agents, authorized guests, affiliated organizations, and employees from all claims or demands arising from injury or damage to myself or my child/dependent or another caused by participation in this or any other program offered by Swimtelligent Swim Club LLC.

  3. I promise to defend, indemnify, and hold harmless Swimtelligent Swim Club LLC, its coaches, officers, directors, owners, agents, authorized guests, affiliated organizations, and employees from any claims and actions by third parties alleging injury from me or my child/dependent’s participation in this or any other program offered by Swimtelligent Swim Club LLC.

MEDICAL CONSENT

The participant authorizes and consents to allow for full authority of any representative of Swimtelligent Swim Club to take action or have the participant treated in any medical emergency during his/her participation in the swimming lessons. Such treatment may include CPR (with or without the use of an AED), First Aid, placing the participant in the care of a doctor or in a hospital for medical examination and/or treatment, or returning the participant to their home (if such a return is deemed necessary after consultation with medical authorities).  Further, the participant and/or parent/guardian agree to pay all costs and/or fees associated with medical care and transportation for the participant.

 

The participant agrees that if they or their child/dependent has any disability or illness, they will consult with their health care provider before participating in any swim program or classes offered by Swimtelligent Swim Club.

Swimtelligent Swim Club's Policies

Student Conduct: In an effort to guarantee an enjoyable and safe experience, conducive to learning and fun, participants in our classes, including sport and/or swimming, are asked to follow the code of conduct listed below. Proper student conduct is expected each time a student is on campus, from arrival until departure. It is important that the participant and/or parent/guardian review and understand this code to ensure the safety and satisfaction of all participants.

 

Swimtelligent Swim Club works hard to provide a successful, fun and informative class or program for each participant. In exchange, we expect that all participants, regardless of age or ability, to:

  • In order for the swim coach/instructor to safely teach and control their classes, the participants will need to be able to pay attention, follow instructions and stay with their class. It is not only disruptive, but also dangerous to the rest of the students, if the instructor needs to ignore class in order to get the participant back with their group. If you or your child/dependent has a disability and may require additional assistance, please speak to one of our admin staff to discuss options.

  • Absolutely NO running on the pool deck, restroom, and changing room areas.

  • No splashing or rough play with other participants.

  • No bullying or any fighting on premises will be tolerated.

  • Unless the instructor/coach is conducting a game or activity no playing is permitted on/or around the pool deck, restrooms, and changing room areas.

 

In the event that there is a behavior/discipline problem, the following process will be applied:

  • The instructor/coach will issue a verbal warning and will inform the parent/guardian of the problem, either in person or by phone.

  • If the problem occurs again, the participant will be dismissed from the program until the parent/guardian can ensure the participant will not violate the student code of conduct.

  • If the problem continues beyond the 2nd parent/guardian notification Swimtelligent has the right to terminate the participant from the classes or the program indefinitely without refund. It is imperative that all participants help ensure a safe and conducive learning environment and minimize disruptions.

 

Enrollment: You may enroll at any time during the year. If your schedule changes, we will work with you to find a different class time that meets your needs. Classes begin promptly at their designated time to maximize every student’s time in the water. Please arrive early to prepare for class. There will be no refunds for missed classes. At least a 24 hour notice must be made to cancel or reschedule a class for a makeup class to be scheduled.  If there are 2 or more cancellations within a 30 day period we reserve the right to place the participant on the waiting list to provide that time slot to someone who has been waiting. All original scheduled classes must be used within 1 year of purchase or classes will be forfeited.  This policy is different for make-up classes. Please see make-up section for details.

 

Tuition: Please see pricing options for details. Pricing may change at any time with advanced notice to meet current market demands. All lesson plans are valid for one year from the date of purchase.

 

Payments: Payments are to be made at time of scheduling. If your payment is declined we will contact you. Tuition must be paid immediately or you will forfeit your space in the class.  There are no refunds or transfer of credits permitted for any swim package programs.  All package programs must be used in full by the client who purchased them.

 

Dates Closed:  Swimtelligent Swim Club will notify in advance any time we may be closed or need to cancel classes or change dates.

 

Withdrawal: We ask for at least a 3 month commitment as it may take that long to see noticeable improvement in your comfort and skills. You cannot withdraw from any package programs. You may however, notify us in advance to reschedule if possible.  Please contact us for medical or other emergencies which necessitate you forfeiting your space in the class and we will do our best to accommodate you.

 

Make-ups: Make-up classes will only be permitted if at least a 24 hour notice of cancellation was received.  If you cancel up to 3 hours before class starts but after the 24 hour deadline we will give you a 50% class credit to use towards the purchase of another class.  The class will be forfeited if this cancellation window is not met. If this occurs more than 2 or more times in a 30 day window, Swimtelligent Swim Club has the right to cancel scheduled classes and place participant on a waiting list if one exists for the their program. Make-up classes cannot be guaranteed for same coach/date/time. Make-up classes will need to be scheduled within 2 months of the date of class cancelation or the canceled class will be forfeited. 

 

Reusable Swim Diapers are mandatory for all children that are not toilet trained or have accidents. A minimum $300 charge plus lost revenue in the event the school must close to clean, will be incurred for any defecation incident in the pool.

 

Supervision: Parents/caregivers must remain on premises during their child's scheduled class and must be available immediately following the end of class to leave the premises so as to not interfere with ongoing classes/programs or to result in the need for Swimtelligent Swim Club to supervise an unattended child/dependent due to the absence of the parent and/or guardian. If a child is repeatedly left unattended and is waiting for their parent/guardian to pick them up and such incident affects Swimtelligent in its ability to provide normal services to its other customers, Swimtelligent Swim Club has the right to remove the child from the program without refund.

 

Pool Deck Access: For safety, only adults and children entering the water are allowed on the pool deck. If a child requires assistance from their parent/guardian to change or use the restroom, the parent can access the pool deck areas and then must immediately leave when completed.

 

Property: Swimtelligent Swim Club is not responsible for any lost or stolen property.

Photography

During sessions, we may take underwater PHOTOS of participants to post on our websites/social media. Other photos and video are occasionally taken at Swimtelligent Swim Club. I understand that any images may be used (without names or other identifying information) for Swimtelligent Swim Club, brochures, website and social media.

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