Swimming School Miami
Swim Lesson Agreement
Thank you for choosing Swimming School Miami! Please read through this agreement and provide an electronic signature at the bottom. (use the scrollbar at the right)
1 Lesson Packages.
There is an 8-lesson minimum per person for all lesson packages and packages must be prepaid by credit card. Lessons are priced based on the length of time the swim instructor is at your pool.
2 Payment Policies
A valid credit card is required to complete your swim lesson registration but you will not be charged for the lesson package until your swim instructor has been assigned. The lesson package will be processed to your card after the lessons have been booked with an instructor who is available during one of the scheduling options that you request. All lessons must be prepaid via credit card to ensure an instructor can accommodate the duration of the lessons and help give our instructors a more predictable schedule since they are commuting to individual pool location.
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.
If we are unable to fulfill your lesson request you will not be charged.
Once an instructor has contacted you via e-mail or phone, your lesson package is considered booked. Or, if our office emails you and provides your swim instructors contact information then your lesson package will also be considered booked. Once your lesson package is booked, there is a $50 cancellation fee to cancel.
Client may be subject to $50 cancellation fee once 72 hours has elapsed after the first lesson. Once a second lesson has taken place, there is a $50 cancellation fee to cancel remaining lesson time.
If you are unable to complete all of the lesson in the package, all unused or unscheduled lessons will be honored for one year from the date of booking.
Physical and psychological disabilities include but are not limited to:
Autism, down syndrome, low IQ, brain injury, mild to severe sensory issues, problems with motor skills, difficulty processing information, attention issues, anxiety, or any other condition that might physically or psychologically impede the process of learning to swim.
If your swim instructor determines your child is not a good fit for the learn to swim guarantee due to an extreme water fear, attention issues, difficulty processing information, or any other condition that might physically or psychologically impede the process of learning to swim we have the right to cancel the guarantee and offer you, the customer, a full refund or the lessons without the guarantee. Our goal is to instill children with the confidence and skills to become safer swimmers. We do not want to subject a child, who is not physically or psychologically ready to learn how to swim, to a time sensitive learning environment that may add pressure and stress to their experience.
4 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.
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 their regularly scheduled time, regardless of whether the swimmer was late getting started.
6 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" when a parent is close by.
Parents are required to be in the water with all swimmers under 2 years old.
9 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. Lessons cancelled with proper notice, or cancelled due to weather, may be rescheduled with your instructor. We allow 2 rescheduled lessons for each lesson package, any additional reschedules will result in forfeiture of that lesson time. This policy is in place as our instructors often pre-book new lesson packages to begin after their current lesson packages are scheduled to be completed; allowing multiple reschedules would interfere with the new lessons.
Reschedules are not allowed for individuals in group lessons unless the entire group decides to reschedule the lesson and does so within 24 hours of the group lesson. If an individual misses a group lesson, they forfeit that lesson.
10 Cancellations Due to Weather.
Lessons may be rescheduled if cancelled due to inclement weather (cold and rainy, lightning or dangerous/extremely inclement weather). High temperature is not considered a valid reason to cancel due to weather. Please contact your instructor as soon as possible if you need to cancel due to weather.
11 Cancellation by Swim Miami.
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. If a lesson is cancelled due to the inappropriate conduct of the swimmer, we won't honor the refund policy.
12 Pool Conditions.
Pool temperature must be a minimum of approximately 82 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.
13 Non-Solicitation Agreement.
The parent/student relationship is with Swimming School Miami. To solicit a Swimming School Miami to schedule lessons outside of Swimming School Miami program is illegal and may cause the instructor to lose his or her job with Swimming School Miami and we may pursue further legal action due to the instructors breach of contract. Students, parents, and guardians will not circumvent the Swim Miami program.
14 Multimedia Release.
I grant Swimming School Miami the unlimited right to use and/or reproduce photographs, recorded video, and/or the voice of me, my family and children, in any legal manner and for the internal or external promotional and informational activities of Swimming School Miami, including but not limited to print, publicity, advertising, and web content. I further understand that by signing this release, I waive any and all present or future compensation rights to the use of the above stated materials.
15 Assumption of Risk.
I understand, agree and acknowledge that there are risks inherent in the sports activities conducted by Swimming School Miami 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 Swimming School Miami programs. I hereby knowingly assume the risk of any injury to my son/daughter that could result from their participation in Swimming School Miami 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 your injury or death or damage to your property. The equipment used at a lesson could cause your injury or death or damage to your property. Your instructor could cause your injury or death or damage to your property. You assume all risk of injury, death, and property damage related to all lessons scheduled through Swimming School Miami. Swimming School Miami 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 Swim Miami has no liability whatsoever for any injury, death, or property damage suffered by you in connection with such lesson.
17 Liability Release.
As the legal parent or guardian, I release and hold harmless Swimming School Miami, 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 the myself, while in or upon the premises or any premises under the control and supervision of Swim Miami, its owners, operators, instructors, lifeguards, and pool hosts. In no event shall Swim Miami 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 Swim Miami has been advised of the possibility of such damages.
The Swim Lessons Agreement is an electronic contract that governs your use of and access to the Swimming School Miami website and services. Upon agreeing to the Swim Lessons Agreement when completing the swim lessons registration form, 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.