Payment
Payment is considered due at enrollment. Please allow up to 24 hours for our office staff to review your account to ensure all appropriate discounts and/or fees have been applied. Payment will be processed after review.
Rescheduling
While we understand that life happens, we request that you inform us of cancellations no later than 24 hours in advance of your lesson. Out of respect to our employees, notice of cancellation less than 24 hours prior to the upcoming lesson will be charged a $35 rescheduling fee. (We allow ONE less than 24 hour notice rescheduling/cancellation request.)
IF THERE IS MORE THAN A 50% CHANCE OF STORMS, 321 SWIM ACADEMY WILL CANCEL THE EFFECTED CLASSES. WE WILL REACH OUT ASAP TO INFORM YOU OF A WEATHER CANCELLATION.
Our employee policy is for instructors to make an effort to notify parents/students of personal cancellations no less than 24 hours prior to the upcoming lesson and no less than a week in advance of planned cancellations. Our instructor will contact you directly to inform you of any cancellations.
We offer enrollment for make up classes through our Parent Portal. During our busy season (May – Sept), we are unable to guarantee your make up date will be available at the same day and time as your scheduled lesson.
Full Session Cancellation
If you no longer wish to be enrolled in a session you have already paid for, you must inform us no less than a week prior to the first lesson to receive a full refund.
Notice of full session cancellation less than a week prior to the first lesson OR during the first three lessons, only half of the total payment will be refunded.
Payment is non-refundable once four or more lessons have been completed.
Any full session cancellations made by 321 Swim Academy will be refunded in full.
Please allow 5 – 10 business days for refunds to return to your account.
Assumption of Risk
321 Swim academy is not liable for any damages to property or lost or stolen property during the lessons or at any time. 321 Swim academy is not liable for any personal injury, bodily harm or death that may result as a cause of swim lessons. As we do not intend to cause harm and have a perfect track record so far, you are understanding the risk you are assuming by taking swim lessons with 321 Swim Academy.
Medical Emergency
In case of a medical emergency, a parent or guardian must remain on the premises with their child during the entire lesson. If necessary, our instructor will preform CPR and call 911.
Release of Liability
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by 321 Swim Academy, or the employees, representatives or agents of 321 Swim Academy.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge 321 Swim Academy for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of 321 Swim Academy, whether caused by the fault of myself, my family, 321 Swim Academy or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend 321 Swim Academy against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of 321 Swim Academy.
4. FEES. I agree to pay for all damages to the facilities of 321 Swim Academy caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I consent to the participation of my myself and my child in the
activity of Swim lessons, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of this child.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that 321 Swim Academy has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any questions or concerns? Contact us or give us a call at (321) 328-5318.
321 Swim Academy 