SWIM LESSON AGREEMENT
Thank you for choosing High Tide Swimming LLC! Please read carefully. This is a release of liability and waiver of certain legal rights.
Our Contact Information:
admin@hightideswimming.net
602-309-0020
hightideswimmingllc.com
Policies & Procedures:
1. Payment Policies
Lessons are to be paid via Squarespace per lesson or in the form of a lesson package. Lessons must be paid at the time of booking prior to the lessons scheduled time. Payment for the lesson should not be given directly to the instructor. Any money given to an instructor directly is considered a tip. Tips are not mandatory, however, they are greatly appreciated at the end of lesson package for a job well done.
Once a lesson is booked with our instructor you are required to pay for that lesson or provide a cancellation within 24-hours of the lesson.
2. Refunds
Refunds will only be given if:
We are unable to fulfill your scheduling requests after a week has been paid in full. We can refund you that money back through your original payment method if the service was not completed due to the instructors change of schedule.
To receive a full refund you must email us at admin@hightideswimming.net within two weeks of the schedule conflict after paying in advance. We can refund your entire lesson or you can contact your instructor to use that lesson as a credit for the following week(s).
3. Swim Instructors.
We will assign a swim instructor to your lesson package based upon your location, availability, and the age and ability of the swimmer.
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 the regularly scheduled time, regardless of whether the swimmer was late getting started.
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. We recommend that parents of preschoolers watch from a distance or inside through a window as this age group tends to “act up” or get nervous when a parent is close by.
Parents are required to be in the water with all swimmers under 2 years old for the first session. After the first session the parent and instructor can come to agreement on the best method for future lessons.
6. Cancellations and Make-ups.
You are required to provide 24 hours notice to cancel a lesson, unless the cancellation is due to weather conditions. If a lesson is cancelled with less than 24 hours notice, that lesson time will be forfeited and 50% payment will still be required. Lessons cancelled with proper notice, or cancelled due to weather with 2 hours notice may be rescheduled with your instructor. This policy is in place as our instructors often pre-book their lessons out to accommodate travel time, allowing multiple reschedules would interfere with their other lessons.
High Tide Swimming has a strict 24 hour cancellation policy. Failure to cancel or reschedule outside of a 24 hour window from your lesson start time will result in a 50% fee charged to your card on file or loss of that lesson credit from your lesson package. Additionally, High Tide has a 7 minute late policy. If you are 7 or more minutes late to starting your lesson on time, we may not be able to accommodate your full lesson time. If able, the instructor can provide the remaining minutes of the lesson, but if you chose to cancel and wait for a full lesson, you will be charged according to our cancelation policy. We are an appointment based business, and do require punctuality to ensure our schedule keeps moving.
7. Cancellations Due to Weather.
Lessons may be rescheduled if cancelled due to inclement weather (cold and rainy, lightning or dangerous/extremely inclement weather) however must be done with at least 2 hours notice to the instructor via text or phone call. High temperature is not considered a valid reason to cancel due to weather. Please contact your instructor at least 2 hours prior to lesson start time if you need to cancel due to weather.
8. Cancellation by High Tide Swimming LLC. We reserve the right to cancel the swim lessons without refund if the swimmer 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: biting, scratching, spitting, excessive crying and yelling, exiting the pool without permission. If a lesson is cancelled due to the inappropriate conduct of the swimmer, a discussion with a parent/guardian will be scheduled to see if there can be a plan made to still accommodate your lesson request.
9. Pool Conditions.
Pool temperature must be a minimum of approximately 84 degrees to ensure student comfort and an environment conducive to learning to swim. We reserve the right to cancel or cut short the lesson without refund due to inadequate pool temperature or unsanitary pool conditions.
10. Non-Solicitation Agreement.
The parent/student relationship is with High Tide Swimming LLC. To solicit a High Tide Swimming instructor to schedule lessons outside of the High Tide Swimming LLC program is illegal and may cause the instructor to lose his or her job with High Tide Swimming and we may pursue further legal action due to the instructors breach of contract. Students, parents, and guardians will not circumvent the High Tide Swimming program.
11. Assumption of Risk.
I understand, agree and acknowledge that there are risks inherent in the sports activities conducted by High Tide Swimming LLC 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 listed has no medical, physical, or emotional health conditions that would hinder or prevent his/her participation in High Tide Swimming LLC programs. I hereby knowingly assume the risk of any injury to myself and/or my son/daughter that could result from their participation in High Tide Swimming LLC activities.
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 my or my children’s injury or death and/or damage my property. I assume all risk of injury, death, and property damage related to all lessons scheduled through High Tide Swimming LLC. High Tide Swimming does not inspect or maintain any facilities at which any lesson takes place, does not provide any equipment used at any lesson, and is not responsible for the behavior of any client or instructor. By scheduling a lesson, you are agreeing that High Tide Swimming has no liability whatsoever for any injury, death, or property damage suffered by you in connection with such lesson.
12. Liability Release.
As the legal parent or guardian, I release and hold harmless High Tide Swimming , its owners, operators, 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 of High Tide Swimming LLC, its owners, operators, instructors, and pool hosts. In no event shall High Tide Swimming LLC 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 (I) any use of the services, the site, or its content, (II) any failure or delay (including, including but not limited to, the use or inability to use any component of the services) or (III) the performance or non-performance of any instructor or client in connection with the services, even if High Tide Swimming LLC has been advised of the possibility of such damages. I understand that I am voluntarily participating in Lessons, and that I waive and release any and all claims for damages of personal injury, death, or property damage that may have or will occur as a result of participating in Swim Lessons.
13. Electronic Signature
The Swim Lesson Agreement is an electronic contract that governs your use of and access to the High Tide Swimming LLC website and services. Upon agreeing to the Swim Lessons Agreement when booking a swim lesson, you acknowledge that you understand and agree to be legally bound by the Swim Lessons Agreement and the terms, conditions and notices contained or referenced herein. Checking the box creates an electronic signature that has the same legal force and effect as a handwritten signature.