1. Agreement
   This legally binding agreement represents the complete understanding between SwimKids USA and the customer. No representations, written or oral, other than those contained within this Agreement are authorized or binding with SwimKids USA.
   
   
2. Email
   SwimMail is SwimKids USA's internal e-mail system and is our primary source of contact with the Parent. When we correspond, we will send SwimMail to you, and a notification will be sent to the e-mail address you have on file with us letting you know that you have mail waiting for you. All customers must keep an active e-mail address (one that you check daily and that is forwarded to your phone) on file with SwimKids USA at all times. Any e-mail address changes can be changed immediately by logging into your account and updating the e-mail information. It is suggested that if you use SPAM blockers, you remove them while a customer at SwimKids USA..
   
   
3. Tuition
   All tuition and the annual registration fee must be paid at the time of enrollment for all classes. THERE ARE NO REFUNDS FOR ANY REASON. ALL SALES ARE FINAL.Under certain circumstances as explained in this document, a Class Credit may be given. If you are attending classes at one of our SUBSCRIPTION locations, the tuition is billed monthly to the payment method you provided.
   
   
4. Auto Renewal: Billing
   If you attend one of our Subscritpion locations where your classes are billed monthly, you may cancel at anytime providing we receive 30 day written notice via email at swimkidsusa@aol.com that you wish to cancel your monthly billing. Upon receipt of written notice, we will discontinue any future billing to your account. If no written notice is provided and or recieved to cancel or discontinue your billing, you authorize SwimKids USA, Inc, to continue the monthly billing to the payment method you provided when you enrolled, and at the same monthly amount.
   
   
5. Due Date
   If you register via phone and prefer to pay by check, you must secure your reservation with a debit or credit card. Your card will not be charged as long as we receive your payment by the due date indicated on your confirmation email. If your payment is not received by the due date, you authorize us to charge your balance due with your credit card.
   
   
6. Credit Card Policy
   As a courtesy, we may accept your Credit Card for payment. If you choose to pay by Credit Card over the phone, then you authorize us to charge the credit card you provided for the payment of all classes registered for with the understanding that all sales are final, there are no refunds, and that you waive your right to dispute the charge for any reason.
   
   
7. Rescheduling Fee
   You have a reserved class time. Please be sure you have made a reservation in a class that fits your schedule. SwimKids USA is not responsible for reminding you of your child's schedule. Your schedule is accessable 24 hours a day online under VIEW MY CHILD'S CLASSES in the Members Section. If, for any reason, you wish to reschedule your child into another class other than the one he/she is registered for, you can do so by calling your local SwimKids USA office. The appropriate administrative fee per child will apply:
   
   Greater than 7 days prior to the start of class: $25 per class. per child
   Within 7 days prior to the day of class: $50 per class, per child
   The day your child's class has started or after: $100 per class, per child
   
   
   SwimKids USA has the most equitable Rescheduling and Cancellation policy in the industry. Although we are sensitive to the fact that things come up unexpectedly, rescheduling your child results in a significant loss to the company each year. These fees are used to SHARE the loss incurred with you by having turned away business that you once reserved for your child, NOT as an additional income source. If we are able to fill your vacated spot prior to the start of the class, then we will waive the fee or refund the fee to you.
   
   6b. Dual Lessons Policy
   SwimKids USA does not accept participants in the program that are taking lessons with another swim instructor or organization elsewhere. If your child is currently enrolled elsewhere, those lessons will need to be completed prior to SwimKids USA accepting your enrollment. Additionally, if at any point in time during your participation of swim classes at SwimKids USA you enroll your child elsewhere with another swim instructor or organization, formally or informally, then you understand that your lessons here at SwimKids USA will be placed on pause and your child will be automatically dis-enrolled in their current classes that you are registered for, until such time those other lessons are completed. The balance of any remaining unused classes will be placed as a prepaid class credit on your account that will be applied to a new enrollment, good for 1 year, when you enroll.
   
   
8. Cancellations and Refund Policy
   You may cancel your classes, but there are NO REFUNDS since it eliminates our opportunity to fill you vacated class spot(s) after you registered. We may, at our discretion, offer an inhouse credit if deemed appropriate, less the cost of the classes attended, which may be used within 1 year towards an UNDERBOOKED class. If you wait till the following Calendar Year, the Annual Registration Fee will be due for the year, since that is the fee that we collect to pay the pool rents each year. In addition, any change of price of the classes will be due/refunded if there is a change in class price. On certain occasions, if SwimKids USA recieves prior written notice of a cancellation, we will attempt to fill the spot once occupied by your child or children. If we are able to fill it for the same cost or higher pror to the start day of the class you are cancelling, we will be happy to return your class cost that was cancelled less any prorated and administrative fees assessed for the initial booking.
   
   
   
9. Make Up Policy
   A. Personal Reasons
   In order to maintain the integrity of the classes both as content and to the size, we do not offer make-ups for personal reasons, including but not limited to vactions, recitals, etc. We have found through experience that adding children to classes for makeups disrupts the flow and rhythm of classes. However, if for any reason your child needs to repeat a class, for any reason, SwimKids USA will give you a class credit in the amount of 50% of the class cost towards your re-enrollment in that class.
   
   B.Weather
   Regardless of weather conditions, you are required to check in with the teacher for each class at your scheduled time. Do not assume your class is cancelled because you have adverse weather conditions at your house or place of work. Please do not call SwimKids USA or the pool to ask, as we are not aware if your child will have class until your class time actually arrives.
   A NOTE ABOUT RAIN: Rain is a common occurence of summer. Therefore, we do not cancel classes due to rain. We swim in rain (as we are wet anyway). We do not swim in thunder and/or lightning.
   If, after checking in, inclement weather or acts of God require the cancellation of class, the following policies will apply:
   
   

   MAKE UP TIME:
   Classes will be extended by :05 for the remaining classes in the SCHOOL (Part 1, Part 2, Part 3). We will make every attempt to make up all time lost, although that may be beyond our control depending on which classes are rained out.
   
   ADDITIONAL TEACHER:
   In addition to the above, we may at our discretion, provide an additional teacher as well during certain classes to give the kids additional time, either PRIOR to any weather cancellation (To bank some time in advance) or AFTER any weather cancellation (To make up time) session.
   Classes that have been in progress for more than 1/2 the time are not made up. Classes cancelled on the last day due to inclement are not made up, but a SWIMKIDS CLASS CREDIT will be applied to your account that you may use for a future UNPAID swim class.
   
   NOTE: Although SwimKids USA offers some evening classes in the spring, it is strongly suggested that you enroll in a morning class or a class at our indoor facility as afternoon thunderstorms are quite common, and the likelihood of having some classes cancelled during the thunderstorm season are quite probable.

   Other than the above, there are no make-ups for missed classes at SwimKids USA.
   

   C. Holidays
   Classes held on a federal holiday are not made up. If you have a question regarding whether or not classes are held on a particular holiday, please inquire prior to registering. Easter Sunday, Memorial Day, Mothers Day, Fathers Day, Independence Day,Labor Day, Columbus Day, and Halloween are always non-class days.

   D. Student Illness
   There are no make-ups for illness. However, in the event that your child is ill, you have two options.
   Simply stay home and rest, and the teacher will work hard during the next class to catch him'her up when they return. Or, if you prefer, you can reschedule the class entirely. Keep in mind, if for any reason your child needs to repeat a SCHOOL , for any reason, SwimKids USA will give you a class credit in the amount of 50% of the SCHOOL cost towards your re-enrollment.
   
   

   E. Pool Closings
   There are instances, although rare, when one of our contracted pools is closed temporarily due to a variety of different reasons. If we recieve prior notice, we will post a sign at the pool notifying you of the closure, and make every attempt to contact you prior to the start of your class first by a text message (if you have opted into the Text Notification Program), secondly through SwimMail, and thirdly, by phone.

   Classes cancelled due to a pool closing are not made up. However, whenever possible, the instructor will add five minutes to each of the remaining classes in an attempt to make up as much of the time as possible.On certain occasions, we may provide an additional teacher as well to help make up even more time

   F. Teacher Illness
   In the rare instance a teacher is ill, the class will be cancelled or we will provide an subsitute that day if available. We will make every attempt to contact you prior to class via email, and telephone if possible. If classes are cancelled, we will make up as much time as possible by adding 5-10 minutes to each of the remaining classes, and on certain occasions, provide an additional teacher as well to help make up even more time. If there is an extended illness, a no-cost make up will be scheduled. There are no make-ups for missed make-up classes.
   G. Cold Weather/Pool Temperature Policy
   Registration for classes during the non-summer months (October through May) constitutes your agreement that classes may be postponed for safety if the air temperature is at or below 60°F, or if the pool temperature falls below 84°F. In such an event, the remaining session will be postponed and a prepaid make-up credit will be issued to your account for use during the summer (June through September). Cancellation notices will be sent via email as soon as possible, but no later than 15 minutes before class. These class credits have no cash value, are non-refundable, and are otherwise non-transferable unless you contact us to arrange a transfer to a sibling, friend, or family member, or to donate it to our scholarship program for economically disadvantaged children.. .
   
   
10. Class Length
    5-6 Children per class: 30 minutes
    3-4 Children per class: 25 minutes
    2 Children per class: 20 minutes
    1 Child per class: 15 minutes
    
    
    
11. Parent Handbook
    The SwimKids USA Parent Handbook is REQUIRED reading for all customers prior to the start of class and is found on the SwimKids USA Web site in the Members Section.
    
    
12. Class Time Changes
    IMPORTANT: SwimKids USA consolidates it's class times the DAY BEFORE CLASS, in order to eliminate any gaps that exist in the teacher's schedule. Your scheduled class time can change up to, but no more than, an hour in either direction. Please be sure to log into your account on the MORNING of class (NOT BEFORE) to view your child's class time. We appreciate your compliance with this requirement.
    
    
13. Proper Class Placement
    There is an online Class Questionnaire that is available on the SwimKids USA Web site under the CLASS link that will assist you in placing your child in the correct level. It is the Parent's responsibility to take the Questionnaire each time you enroll in a class, in order to place your child in the correct level. Keep in mind that if your child has not taken a class for a long period of time, he/she may need to start at a lower level for review. If that is the case, your class cost is 50% of the class rate. If you have any questions oregarding your child's level when enrolling, please contact us to discuss prior to enrolling.
    
    DO NOT REGISTER YOUR CHILD for a class he/she is not ready for. The Class Levels are geared to the skills required for that specific class. Your child will be held back if he is not ready for the class level skills. The Parent also understands and agrees that if a child is enrolled by the Parent in the incorrect level, he/she will need to be rescheduled to a different class. The SwimKids USA Rescheduling Fee Policy will apply.
    
    
14. Class Location Changes
    SwimKids USA teaches at several pools in your area. While consolidating classes, there may be an instance where a duplicate class is offered at another pool in close proximity that is underbooked, or your pool you initially registered for is closed. In such a case, you understand that you may be transferred to attend classes at that pool, rather than the one initially registered for. As long as the other location is within a less than 5 mile radius, and the time change is not greater than one hour either way, you understand the business reasons for doing this, and agree to do so. SwimKids USA will notify you via e-mail prior to the start of class.
    
    
15. Cell Phone, Pictures, Supervision
    Swim class takes place in and around water. Please watch your child before, during and after class. While there is a teacher, it is the sole responsibilty of the parent or guardian to supervise their children during swim lessons.
    
    Cell phone usage during your child's class is highly discouraged as to not distract you from supervising your child at all times during the lesson. We ask that during your child's class, you refrain from using your phone as to not distract you. Most accidents occur in and around pools due to distractions.
    
    For privacy reasons, no Pictures or Video are permitted during your child's swim class and is strictly prohibited during class. Pictures may be taken prior to class and at the end of class only.
    
    
16. Staff Instructors
    
    1. SwimKids USA Staff Teachers will be teaching your child's swim class. We understand that many of our parents are fond of particular teachers. Please understand that although you may request a particular teacher, you are not guaranteed which teacher will teach your class. Teachers rotate from time to time due to the needs of the company, promotions, fill-ins, etc. If conditions require it, we reserve the right to reassign teachers.
    2. SwimKids USA forbids the direct or indirect solicitation of any of our teachers for any employment, including but not limited to swim lessons, babysitting, and child-care. SwimKids USA reserves the right to expel any family without refund if found doing so. In addition to the above, you authorize SwimKids USA to reimburse and charge your original payment method the cost of the service compensated to the SwimKids USA employee.
    
    
    

I recognize that as with any activity, potentially severe injuries, including permanent paralysis or death, can occur. By enrolling in SwimKids USA's program, I agree that I am doing so at my own risk and accept all risks associated with the program. SwimKids USA shall not be held liable for damages arising from personal injury sustained by myself, family or guests while on the premises of the contracted pools.

I assume full responsibility, and agrees to defend, pay, and hold free and harmless SwimKids USA, for any and all injuries that may occur, and I release and discharge SwimKids USA Inc, its owners , contractors, employees, contracted pools, and agents from and against all injuries and claims directly or indirectly out of, from or on a account of the child;s siblings, and caregivers presence at or use of the facilities or participation in any activities or program(s) applied for hereby or at any time hereafter.

I represent that the participant(s) I am enrolling is in good physical condition, has been examined by a certified physician within the last year, and is physically fit to participate in swim lessons. He or she ie free from any contagious disease, has no disability or impairment that would be detrimental to the health, safety or physical condition of others or himself/herself by participating in the program.

In consideration for allowing my child(ren) to participate in the program and use the facilities in which SwimKids USA teaches, I, on my behalf, and and the behalf of my child(ren) and our respective heirs, administrators, executors and successors, herby COVENANT NOT TO SUE and FOREVER RELEASE SwimKids USA Inc, its officers, directors, shareholders, contractor, employees or agents from liability for any and all damages or injuries suffered by my child (ren) while under the instuction, supervision or control of SwimKids USA, Inc. including, without limitation, those damages or injuries resulting from acts of negligence on the part of its officers, directors, shareholders, contractors, employees or agents.

In the event of an accident or emergency, I authorize my above mentioned child(ren) to be taken to a hospital for medical treatment and I hold SwimKids USA and its representatives harmless in their execution of this action. Additionally, I hereby agree to individually provide for all future medical expenses which may be incurred by my child(ren) as a result of any injury sustained while participating in a SwimKids USA class or at a SwimKids USA contracted location.

SwimKids USA also reserves the right to expel any family without refund that does not abide by the SwimKids USA philosophy, fails to follow any and all rules, interferes with class when in session, uses inappropriate language, or is disrespectful to instructors, staff, or fellow classmates.