Agreement to MAKING WAVES SWIM SCHOOL Inc. Policies and Rules
1. Definitions. The words in quotations as used herein are defined as follows: "Agreement" means this Agreement to Making Waves Swim School Policies and Rules; "Participant" means the participant registered with Making Waves Swim School Inc. and any and all successors, representatives, and guardians; "School" means Making Waves Swim School, Inc.; and "guardian" means the parent or legal guardian of Participant; Lesson means session when School provides swim instruction to Participant; and session means group of Lessons purchased by Participant.
2. Pool Usage. Only the Participant that is registered with the School may swim in the pool at and during the time of Lesson. Family members and friends of the Participant may not utilize the pool of the hotel. Participant may only enter the pool when the instructor advises them to do so and Participant must exit the pool and the pool area at the conclusion of the Lesson. There is no "practice time."
3. Cancellations. Clients are guaranteed 1 make-up per session when the cancellation is reported to the office with a minimum of 24 hour notice. To cancel a Lesson, you may follow this link: http://www.jotform.us/mwaves/CancelLesson, submit a form using the cancel a lesson button on our website navigation, a message can be left on the office voicemail, OR email sent giving reasonable notice not less than twenty four (24) hours from the time of the commencement of the Lesson.
4. Renewing Session. Registration for lessons in Sessions must be purchased and are scheduled on a first-come, first-served basis. The School guarantees the date, time and location of all Lessons for all Participants whom have registered in advance for a Session, except as otherwise provided herein. Any other lesson of any other Session is not automatically scheduled or renewed. It is recommended that Participant schedules the next Session as soon as possible. To register for a Session, please contact our office by phone, email, or LiveChat. Once Participant’s request for renewal has been received and confirmed, the School will charge Participant the cost for such Session up to forty five (45) days before the start of the next session and Participant agrees to purchase such Session. This Agreement shall remain in full force and effect and shall apply to and upon any and all renewals of Sessions or Lessons.
5. Weather. Unless the School decides to close for the day due to severe weather, Lessons will be held as scheduled. If the weather in Participant’s area prevents Participant from getting to his or her scheduled Lesson, and the Participant notifies the School two (2) hours prior to the commencement of Lesson, the School shall refund the cost of the cancelled Lesson at conclusion of Session, unless Participant opts to reschedule the Lesson and the School is able to reschedule the Lesson prior to the conclusion of the Session.
6. Refunds. Except as otherwise provided herein, there shall be no refunds.
7. Hotel Guests. Hotel guests are not restricted from using the pool or pool area at any time during the lesson or otherwise, subject to applicable Federal, state and local laws and rules of the hotel. If at any point, the School instructor, in his or her sole and absolute discretion, determines that the Lesson cannot or should not be conducted, the School may issue a credit or refund to the Participant for that Lesson.
8. Substitute Swim Instructors. If the regular School instructor is unable to make it to his/her regularly-scheduled shift, the School reserves the right to send a substitute instructor in his/her place.
9. Poolside Manner. Participants may not run, play or shout in the hotel or pool area.
10. Child Supervision. Due to medical and safety reasons and as a courtesy to School instructors, at least one parent or guardian of the Participant must be poolside for and during the entire lesson. Unsupervised children will be removed from the water until the parent or guardian returns. Children waiting for their lesson to begin must be seated with their parent.
11. Hot-Tub; Gym. Neither Participants nor their parents nor friends may enter or use the hot tub or gym of the hotel for any amount of time or for any reason.
12. Occupancy. Due to occupancy restrictions and applicable safety laws and regulations, only one person may accompany the Participant during Lesson time.
13. Food. Food, including snacks and candy, are not permitted in or near the pool area. Children should be fed prior to arriving at the pool. Any food and beverage items at the hotel area are reserved for hotel guests only.
14. Towels. Participants are required to bring their own towels. Participants may not use the towels of the hotel. Hotel management provides towels at the pool for the exclusive use of hotel guests only.
15. Release of Testimonials, Photographic and Digital Images. For valuable consideration received, Participant irrevocably grants to the School the right to use, distribute, transmit, copyright or publish, either whole or in part, either in print, digitally, electronically or in any medium now known or later discovered, the testimonials, photographs, and digital images collected or submitted for any person identified as Participant. Participant understands and agrees that these testimonials, photographs, and digital images may be used without identifying their subject. Participant releases and discharges the School and its agents, representatives, and assignees from any claim or cause of action, now known or later discovered, for among other things, invasion of privacy, right of publicity and defamation arising out of the use and exploitation of the testimonials, photographs and digital images.
16. Waiver/Release of Liability. Participant and his or her successors, representatives and guardians hereby agree to waive any claims, demands, actions of causes of action against the School and participant agrees to indemnify and hold harmless THE School, its owners, officers, directors and employees against any costs, expenses, claims, demands, actions and liabilities resulting from any injury that may occur to the participant while participating in the SESSION or otherwise; except that the foregoing provisions in this paragraph shall not apply to the extent of any gross negligence, recklessness or willful misconduct by THE School which directly and proximately caused serious and permanent physical injury to participant. The participant authorizes Cardiopulmonary Resuscitation (CPR) treatment or any rescue treatment deemed necessary, in the discretion of THE School, during any medical emergency during participation in a swim LESSON; except that nothing herein requires THE School to provide any medical care or assistance, including, without limitation, cpr, to participant. advance any medical costs for, or on behalf of, participant. Further, participant agrees to pay directly or to reimburse THE School for any and all costs associated with medical care and transportation for the participant whether or not advanced by THE School; except that nothing herein requires THE School to provide or advance any medical costs or expenses for, or on behalf of, participant. It is participants responsibility to notify THE School instructor of any medical and/or health problems of participant.
17. Counsel Fees, Etc. Participant shall be responsible for any and all legal costs and expenses, including, without limitation, reasonable counsel and expert fees, incurred by the School in the event that any action is brought against the School or the School brings any action against Participant and the court in such action has found that Participant breached this Agreement and such breach caused damages to the School and/or in the event that Participant acted negligently or willfully, in its acts or omissions, and such negligence or willfulness has caused any damage to the School.
18. Miscellaneous. The section headings contained in this Agreement are for convenience of reference only and such headings shall not be considered part of this Agreement or affect the manner and interpretation of any section of this Agreement. This Agreement represents the entire and final binding understanding and agreement of Participant and that there are no other oral or written understandings between the School and Participant. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. No amendment or modification of this Agreement or any provision hereof shall be effective without the express written and signed consent of the Participant and the School. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New Jersey without regard to any conflicts of law principles, and any claim or cause of action arising under this Agreement and any and all matters in connection with this Agreement shall be brought solely in the courts of Mercer County, State of New Jersey and Participant irrevocably consents to such jurisdiction and venue.This Agreement shall be binding upon the successors by operation of lawof the respective Parties. If any clause or provision herein contained is affirmatively found by the court to be invalid or unenforceable by a court or by operation of law, it shall not affect the validity of any other clause or provision herein, which such other clauses or provisions shall remain in full force and effect.
19. Payment to Complete Registration. Registration is complete upon payment. Participant acknowledges, understands and agrees that completing this form and signing this Agreement does not confirm enrollment and that it is Participants responsibility to confirm enrollment by contacting the School by phone or email to make payment via credit or debit card. Once payment is received by the School, the registration by Participant shall be completed and enrollment by Participant in the School shall be confirmed.
BY Signing THE BOX BELOW AND SUBMITTING THIS FORM AND THIS AGREEMENT, PARTICIPANT OR PARTICIPANTS GUARDIAN INDICATES THAT HE OR SHE haS read and understood and agreeS to all of the above terms, conditions and provisions OF THIS AGREEMENT IN ITS ENTIRETY.