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Swimtastic Swim School Policies, Procedures, Release of Liability and Fee Agreement

It is critical that you understand the Policies, Procedures, Release of Liability and Fee Agreement of our school to ensure each student has a fun, rewarding and safe experience when learning to swim.

Class Times
Each small group, semi-private or private lesson is 25-30 minutes in length, one day per week. A class is held at the same time and day of the week, each week.

Tuition and Fees
For monthly programs tuition is billed monthly. The monthly billing amount may vary based on the number of weeks in the calendar month. Tuition is billed for the upcoming month on the 25th of the current month. Once you are enrolled in classes, you will continue to be billed monthly until you notify us of your desire to withdraw from classes (see “withdrawing from lessons” below). For semester based programs tuition is paid in full at the time of registration. Fees (e.g., registration fees or late withdrawal fees) and tuition for promotional bundles, camps or clinics will be billed immediately. Tuition for your first month will be prorated according to the number of classes left in the month and will be billed immediately. Tuition may differ per location.

Tuition Paid by Third Party
Tuition can be paid through a third party. A credit card is required to be on file for all customers paying for swim lessons by a third party. Customers are responsible for tuition if the funding expires or we do not receive the payment from the third party.

Registration
There are no registration deadlines at Swimtastic Swim School. Students registering for classes can join us at any time subject to available capacity. Registrations that are started in the middle of a month or semester will be pro-rated. You are only charged for the remaining classes in that semester or month. A $27 registration fee per student (discounts are available for additional students) will be charged when your student(s) are registered in classes. Each student pays this fee a maximum of once per calendar year. Except for special programs, this fee will be charged annually for all students to cover the cost of managing the registration process.

Semester Payment Details
When you register for a semester full payment is due at the time of registration. Prices are pro-rated for mid semester signups. You will only be charged for the remaining classes. If registering multiple students, a 10% discount is applied to the 2nd student and a 20% discount is applied to the 3rd student and above. Preferred Client Monthly Program
The preferred client monthly program locks in your price for a long as you chose. This program has a built in 10% discount with a 12-month commitment. After the initial registration, payments are deducted automatically each month. Tuition is billed monthly. The monthly billing amount may vary based on the number of weeks in the calendar month. As long as you remain in the program you will not pay additional registration fees and your lesson price will not change. Once you are enrolled in classes, you will continue to be billed monthly until you notify us of your desire to withdraw from classes. You will also receive unlimited family swims and one free stroke clinic each year. Tuition and benefits may differ per location.

Cancelling the Preferred Client Program
To cancel your enrollment in the program please complete the Swimtastic cancellation form. In order to avoid being charged for the next month of lessons, you must withdraw your student on or before the 20th of each month. If you cancel before the 12-month commitment is met, you will be charged a one-month termination fee.

Withdrawing From Lessons
To withdraw from lessons, log in to your account via the customer portal on the SafeSplash Swim School website (www.safesplash.com) and complete the withdraw option for your student. For the protection of our customers, withdrawing via the customer portal is the only valid means of signaling your desire to withdraw. Verbal or email withdrawal notifications are not valid. In order to avoid being charged for the next month of lessons, you must withdraw your student on or before the 15th of each month. If you submit a withdrawal form between the 15th and the 24th, we can remove your student/students from lessons with a $30 per person late withdrawal fee. Withdrawals that are submitted between the 25th and the end of the month can be removed from lessons and we will refund 50% off your tuition with no late withdrawal fee. Withdrawals submitted between the 1st and 7th for the same month can be removed from lessons and we will refund 25% of their tuition with no late withdrawal fee. Withdrawals submitted after the 7th for the same month there will be no refund. Refunds will not be given when withdrawing early from a prepaid lesson packages that require a minimum commitment before the commitment is met. The “preferred monthly” program at Swimtastic carries a one month penalty when withdrawing prior to meeting the minimum 12 month commitment.

Refunds
Any cancellations within 48 hours of payment can receive a full refund. Other than that please realize when you enroll your student in classes you are reserving a slot for your child that is in high demand. By reserving this spot you are agreeing to pay for your reserved spot independent of your child's attendance. It is your responsibility to make sure that your vacations, appointments and other activities do not interfere with the classes for which you have enrolled. Swimtastic Swim School will offer no tuition refunds for classes missed for any reason.

Credits
In the case that a facility is closed due to inclement weather or maintenance, your account will be credited for the classes cancelled or a make-up class may be scheduled. If the student is sick, your account can be credited or a make-up class can be scheduled as long as a doctor’s note is provided within one week of the missed class. All credits will be applied to future tuition for lessons at SafeSplash Swim School and cannot be converted to cash or transferred to any other party. Credits and make-ups may only be used at the SafeSplash Swim School location at which they were given (credits are not transferrable to another location). Credits expire one year after the date they were applied to the account. If you opt for a make-up class, it must be scheduled within a week of the original missed class and is subject to availability as determined by SafeSplash Swim School. If an appropriate make-up class can’t be scheduled, a credit will be offered.

Teacher and Class Changes
We do our best to accommodate specific teacher requests. However, specific requests for teachers are not guaranteed. Teacher substitutions, modifications and changes can occur at the sole discretion of Swimtastic Swim School. If classes are not booked full, we reserve the right to combine classes to fill the class. We reserve the right to cancel, change your lesson day, time, or level at any time at our sole discretion.

Makeup Classes
Swimtastic Swim School does not offer make up classes for any reason. Timeliness
Please arrive early enough so that your student has time to stop by the bathroom, get changed and get equipment ready before class begins. To avoid class disruptions, if the student is more than 10 minutes late, he or she will not be allowed to join class that day.

Parent/Guardian Attendance
Participants’ parent/guardian must remain at the facility or on the pool deck (hosted facilities only) during the entire duration of each lesson.

Moving To The Next Class Level
Every student will learn skills at different rates. You should never look at another student and wonder why your child isn't learning at the same pace. 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 associated with a particular class level. Teachers will promote students to the next level when they believe they are ready.

Changing Areas, Restrooms and Locker Rooms
If a parent wants to accompany a child in a single sex changing room, restroom or locker room, mothers of boys older than five years old and fathers of daughters older than five years old are not allowed to do so. If the parent wants to accompany the child in this situation, they must use family changing rooms. Locks left on lockers overnight will be cut off and the locker's contents will be bagged and placed in the lost and found.

Swimsuits
All students must wear appropriate swimwear.

Swim Diapers
All students under the age of three or that are not potty-trained are required to wear a reusable (non-disposable) swim diaper. Reusable diapers have a tighter fit, which helps to avoid accidents in our pools. A swimsuit or a pair of shorts should be worn over the diaper. Even a small accident in the pool can close the pool down for as long as 24 hours.

Swim caps
Any student that has hair long enough to get in their eyes, face or mouth is required to wear a swim cap. This enhances the comfort of our swimmers. Swim caps are available at the Swimtastic Swim Shop.

Towels
You must bring your own towel. Towels are not provided.

Watching Lessons in Dedicated Facilities
Participants’ parent/guardian must remain at the facility during the entire direction of each lesson.
Spectators may watch from the defined viewing area during their Participant’s class. Spectators are not allowed in the pool area during classes except when requested by the instructor or during the designated time for Splash-N-Tell©. If you have questions or requests for the instructor, you may ask them during the designated time at Splash-N-Tell© week or leave a note at the front desk for the instructor.

Watching Lessons in Hosted Facilities
Participant’s parents and guardians must remain on the pool deck during their child’s lesson at hosted facilities. Our goal is to give your child the best learning experience possible so we ask you to refrain from interrupting your child’s class. If you have questions or requests for your instructor, you may ask during the designated time at Splash-N-Tell© week or leave a note at the SafeSplash desk.

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.

Crying Children
An upset child will calm much quicker when they realize they must focus on the teacher and Mom or Dad will return when they stop crying. Unless requested by the teacher, please remain in the lobby (Dedicated Facilities) or at a distance on the deck (Hosted Facilities).

PLEASE KEEP YOUR EYES ON THE POOL
Although we have small classes and attentive teachers it only takes an instant for a child to slip underwater. If this occurs, please alert us in any way possible. And if this occurs (and it does) the impact of the event will depend on the reaction of the parent. If you can keep your momentary concern concealed behind a smiling, encouraging face there is a very good chance that your child will recover very quickly from the incident. We want to keep our students safe at all times and nothing works better than the helpful eyes of their parents on their activities.

WAIVER AND RELEASE OF LIABILITY


PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS. The use of any facilities, services, equipment or premises used by a SafeSplash Swim School program (collectively, the "Facilities"), and your participation in or visit to a SafeSplash Swim School program, involve the risk of injury to you and your child, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, including catastrophic injuries such as drowning and death. You understand and voluntarily accept these risks and agree that SafeSplash Brands, LLC, the owners and operators of the Facilities, the entities listed below, and such parties' respective officers, directors, employees, volunteers, property owners, managers, agents and independent contractors (collectively, and including entities d/b/a LA Fitness , 24 Hour Fitness and/or InShape, the “Releasees”) will not be liable for any injury (including, without limitation, personal bodily or mental injury), economic loss or any other damage (collectively, "Losses") to you, your spouse, child, guests, unborn child(ren), or relatives, whether caused by the active or passive negligence of the Releasees or otherwise or by anyone at or using the Facilities, and that the Releasees may not be held liable for Losses resulting from defective products.

If there is any claim by anyone for any losses that involves you or your guest, you agree to 1) defend the Releasees against such claim and 2) indemnify the Releasees Fitness International, LLC, 24 Hour Fitness and InShape with respect to any losses arising from such claim to the fullest extent under applicable law.

In addition to the terms above, you represent that you and your child 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 instruction or using the Facilities. 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.

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 the SafeSplash Swim School, 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. Each of the undersigned also agrees that neither the SafeSplash Swim School, franchisees, 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.

PROMOTIONAL MATERIAL
I grant to SafeSplash Holdings LLC, its representatives and employees the right to take videos of me, parties to which I am legal guardian, and my property in connection with the above identified subject. I authorize SafeSplash Holdings LLC, its assigns and transferees to copyright, use and publish the same in print and/or electronically in perpetuity regardless of media/channel. I agree that SafeSplash Holdings LLC may use such video of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, social media and web content. Participant or Parent/Guardian of the Participant(s) understands that photos and video are occasionally taken at the SafeSplash Swim School for promotional and marketing purposes. Participant or Parent/Guardian of the Participant(s) agrees that likeness or comments or comments of any member of my family or guests may be used by SafeSplash Swim School in SafeSplash Swim School's promotional and marketing materials in any form.

I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION. I ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. I UNDERSTAND THAT THE INFORMATION HEREIN WILL GOVERN MY RELATIONSHIP AND THE RELATIONSHIP OF ANY PARTICIPANTS WITH SAFESPLASH SWIM SCHOOL. MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH SAFESPLASH SWIM SCHOOL.

The “Additional Entities” included within the term “Releasees” above include, but are not limited to the following: 24 Hour Fitness USA, Inc, 2DSS, Inc, AAIS, Inc, Albiero Swimming Institute, LLC, AquaLife Atlanta, LLC, Aquatic Animals, LLC, Aquatic Locomotion, LLC, Aquatics Projects Hosted, LLC, Aquatics Projects, LLC, B to B Eastlake, LLC, Catch Swim Schools, LLC, Colorado Swimmer, LLC, CP Swim, LLC, Cutting-Edge Aquatics, Inc , Dajael Inc, DFW Swim I.M., LLC, Esmesh Investments, LLC, Esmesh Retail Solutions, LLC, Feet 2 Fins, LLC, Feet to Fins, LLC, HDH Swim Schools, LLC, JCH Sports, LLC, KBSquared, kidsluvswim, LLC, L2S, LLC, LANMEK, Inc LLC, Learn to Swim, LLC, Lilintahl, LLC, Machine Aquatics, LLC, Moon Jelly, LLC, Newman Badger, LLC, Propulsion Inc, Quicksilver, LLC, SafeSplash Aurora LLC, SafeSplash Meridian LLC, SafeSplash Parker LLC, SafeSplash San Jose LLC, SafeSplash Swim School Parker, LLC, Sorrento Entertainment, LLC, Southeastern Swim Schools, LLC, SRIJI BIZ, LLC, Stotan, LLC, Swim Corp. Inc., Swim Labs HC, LLC, Swim Like a Champion, Swim Performance, LLC, Swim Ray, Inc., LLC, Swim Sobo, LLC, Swim University, SwimComp, Inc, SwimLabs Fort Collins, LLC, SwimLabs, LLC, SwimPro LLC, Swimtastic Fox Cities, Inc, Swimtastic Swim School, Inc, SwimTex, LLC, Tadpole Swim Schools, LLC, Thide LLC, TK Swim School LLC, Westchester Swim Studios Inc, White Cap, LLC, Wise Monkey, Inc, Streamline Brands, LLC, SafeSplash Brands, LLC, SafeSplash Holdings, LLC, Fitness & Sports Clubs, LLC and Fitness International, LLC.

 
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