Participant Waiver, Terms & Conditions and Policies

 

Parent/Guardian/Participant Waiver
In consideration for allowing the STUDENT/PARTICIPANT(S) to enrol in Swimming Classes, Water Aerobics and Adult Swimming offered by Lifestyle Swimming Academy “THE SCHOOL”, which shall include its directors, officers, owners, property, property owners, employees, agents, guides and volunteers, and to participate in the activities provided or arranged by THE SCHOOL, the Undersigned, individually and on behalf of the STUDENT/PARTICIPANT(S), and our personal representatives, heirs, next-of-kin, spouse, and assigns, hereby:
1. Acknowledges that swimming lessons, water aerobics, adult swimming and all associated activities, and use of THE SCHOOL’s facilities, equipment and gear (collectively, “Activities” ), may be dangerous and may involve risks that may cause serious injury and in some cases death, because of the hazards, including without limitation:
1.1. Accidents involving drowning, head or spine injuries, or other bodily injuries;
1.2. Slipping and falling because of footing conditions, wet surfaces, or other conditions; and
1.3. Contact with other participants, swimmers, School personnel, or individuals.
2. Voluntarily assumes the risk and danger of injury or death inherent in the participation in the Activities.
3. RELEASES, DISCHARGES AND PROMISES NOT TO SUE THE SCHOOL for any loss, liability, damage, or cost whatsoever arising out of or related to any loss, damage or injury (including death) to the Undersigned, the STUDENT/PARTICIPANT(s) or their personal property.
4. RELEASES THE SCHOOL from any claim of negligence in connection with the STUDENT’S/PARTICIPANT(S’) participation in the Activities, including but not limited to training, maintenance, care, equipment or gear, condition of facilities, or supervision of the STUDENT/PARTICIPANT(S) or the other participants.
5. INDEMNIFIES, SAVES AND HOLDS HARMLESS THE SCHOOL from and against any loss, liability, damage or cost arising out of or in any way connected with STUDENT’S/PARTICIPANT(‘S) participation in the Activities, use of THE SCHOOL’s facilities, equipment and gear, or any acts or omissions of the STUDENT/PARTICIPANT(S), the other participants, School personnel, or any other person or entity.
6. Agrees to abide by and follow any instructions given or rules established by THE SCHOOL regarding the Activities or STUDENT’S/PARTICIPANT(S’) use of THE SCHOOL’s facilities, equipment or gear.
7. Cameras and videos are not permitted in the changing rooms or bathrooms. Cameras and videos are permitted by use of only the STUDENT’S/PARTICIPANT(S’) /guardian.
8. Expressly agrees this Release is governed, and is intended to be as broad and inclusive as permitted, by South African law. If any portion of this Release is declared invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Release shall not be affected or impaired in any way and shall continue in full legal force and effect.
9. Understands and agrees this Release is a contract. If a lawsuit or proceeding is filed against THE SCHOOL for any injury or damage in breach of this contract, the Undersigned will pay all reasonable attorney’s fees, costs and expenses incurred by THE SCHOOL in defending the lawsuit or proceeding, including attorney’s fees, costs and expenses incurred in collecting upon any judgment, order or award.

I HAVE READ THE ABOVE POLICY, RELEASE AND WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I UNDERSTAND IT IS THE SCHOOL’S INTENT, IN WHICH I CONCUR, TO AVOID ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN BY OR THROUGH ME, THE STUDENT/PARTICIPANT (S) OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO THE STUDENT’S/PARTICIPANT(S’) PARTICIPATION IN THE ACTIVITIES OR USE OF THE SCHOOL’S FACILITIES, EQUIPMENT OR GEAR, OR MY ENTERING THE SCHOOL’S PREMISES, OR USING ITS FACILITIES, EQUIPMENT OR GEAR. I FULLY REALIZE STUDENT/PARTICIPANT(S) MAY SUSTAIN DAMAGES, INJURIES, LOSSES OR LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE ACTIVITIES, OR USING THE SCHOOL’S FACILITIES, EQUIPMENT OR GEAR. BY EXECUTING THIS DOCUMENT, I FULLY INTEND, INDIVIDUALLY AND ON BEHALF OF THE STUDENT/PARTICIPANT(S) , TO RELEASE THE SCHOOL FROM ANY AND ALL SUCH DAMAGES, INJURIES, LOSSES, OR LIABILITIES, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE.

Terms and Conditions
1 The minimum membership period is one term for Swimming Lessons, and one month for Adult Swimming and Water Aerobics.
2 Membership shall continue for an indefinite period subject to ONE terms written notice for Swimming Lessons, and one month for Adult Swimming and Water Aerobics. No resignation will be accepted verbally. Resignations can be emailed to info@lifestyleswimming.co.za.
3 In the event of any dispute arising relating to receipt of any written notice by THE SCHOOL as required herein, the STUDENT/PARTICIPANT(S) shall bear the onus of proving that such notice was received by THE SCHOOL.
4 In the event of the STUDENT/PARTICIPANT(S) failing to make payment on time or at all, or breaching any of the terms in this agreement, THE SCHOOL shall be entitled at her discretion to cancel this agreement without any further notice to the STUDENT/PARTICIPANT(S) and the full balance then outstanding will immediately become due and owing to THE SCHOOL.
5 the STUDENT/PARTICIPANT(S) accepts liability in full under this agreement irrespective of whether the STUDENT/PARTICIPANT (S) attends lessons or not, whether such failure is due to injury, ill health, voluntary act or any other cause whatsoever.
6 Fees paid are not refundable under any circumstances and nor is it transferable.
7 Fees are payable termly in advance on the 1st lesson of the term for swimming lessons. Fees are payable monthly in advance of the 1st monthly session for Water Aerobics and Adult Swimming. There will be a late payment levy of R50.00 on all late payments.
8 The STUDENT/PARTICIPANT(S) is obliged to advise of any change of address as soon as possible after such change of address and should it become necessary for THE SCHOOL to trace the STUDENT/PARTICIPANT(s) ‘S whereabouts, the STUDENT/PARTICIPANT(S) agrees to be responsible for all costs involved in such tracing.
9 The STUDENT/PARTICIPANT(S) chooses his/her Dom cilium citandi et executandi for service of all notice, processes, etc, at his/her “Home Address” above.
10 THE SCHOOL operates from Little Riverside, Stellentia, Gustrouw Road, Gordons Bay, and any other facility deemed necessary. Such facilities are THE PROPERTY.
11 The STUDENT/PARTICIPANT(S) expressly renounces any claim that he/she may have against THE SCHOOL / THE PROPERTY / THE PROPERTY OWNER from whatsoever causes arising.
12 the STUDENT/PARTICIPANT(S) is liable for any damage done to THE PROPERTY in whatsoever manner caused by THE MEMBER.
13 In the event of the STUDENT/PARTICIPANT(S) breaching this agreement, resulting in legal action being taken by THE SCHOOL, the STUDENT/PARTICIPANT(S) acknowledges and agrees that he/she will be liable for all legal cost incurred, including costs on the Attorney and Client scale, tariff collection charges and tracing fees in full.
14 THE SCHOOL or any employee or servant is not responsible for any damage, loss, loss of life, bodily injury or damage to or loss of property, “VIS MAJOR” of whatsoever nature and whatsoever cause.
15 No variation, alteration or cancellation of this Agreement shall be valid unless reduced in writing and signed by both parties.

General Policies
1. All Swimming Lessons are 30 minutes in length. All Water Aerobic and Adult Swimming Sessions are 60 minutes in length. All published times indicates start times.
2. Reusable swim pants are required for students under the age of three and any children not potty trained.
3. We reserve the right to cancel swim lessons at any time for any reason.
4. We reserve the right to combine classes regardless of age group or level.
5. Prices are subject to change.
6. We do not make up classes or issue refunds for classes missed. If you or your child are too sick to participate, please stay home and get well.
7. Registration is accepted on a space available basis.
8. There will be no drop offs. Parents or guardians must remain at facility for duration of lesson. Failure to abide by this policy may result in cancellation of enrolment.
9. Abuse of multi-child family discount i,e. registration of children under multi-child rate that are not siblings may result in,
(a) Back charges for fees,
(b) Cancellation of enrollment,
10. For safety reasons, children with special needs who are enrolled into group lessons may be removed from class and assessed for private, or semi-private lessons. Children with special needs may also be re-admitted to group lessons.
11. We will be closed on ALL public holidays unless special arrangements are made.

Facility Policies
1. Injuries from children running and slipping around the pool are the most common and preventable injuries associated with this type of facility. Parents are required to help enforce the “no running policy.”
2. Food, drinks and glass are prohibited from entering the “pool area.” *Water in a plastic container is okay.
3. The “kid car wash” will serve as the main shower area for participants. Please use this shower area to rinse after lessons.
4. Please keep showers and changing rooms as open as possible for families with toddlers not ready for the “kid car wash.”
5. Please use only one changing room per family.
6. The Pool deck is used as a viewing area, party room, and classroom. At times the Pool deck may be closed for classes or events.

Medical Authorisation
I have noted any medical/health problems of which the staff should be aware in the registration form above.
In the event of a medical emergency (real or apparent), the undersigned Parent(s)/PARTICIPANT/ Guardians(s) of the above named STUDENT/PARTICIPANT(s), hereby grants authorization to THE SCHOOL, and its employees and representatives, to engage at its sole discretion and judgment, any licensed physician or health care facility on behalf of the STUDENT’S/PARTICIPANT(S’), and to direct and/or order such emergency medical treatment for the STUDENT/PARTICIPANT(s) as may seem reasonably necessary under the circumstances. The undersigned further agrees and promises to indemnify and hold harmless THE SCHOOL and its directors, officers, employees, and representatives, for exercising the foregoing authority. I/we further authorize any representative or employee of THE SCHOOL to have the STUDENT/PARTICIPANT(s) treated in any medical emergency center while participating in the Activities described above.

Privacy & Security Policy
We respect and are committed to protecting your privacy. We will not sell your personally identifiable information to anyone. Your payment and personal information is always safe.

Registration & Tuition Payments
Tuition payments are due upon enrollment in a class. Payment must be received within 10 days of the start date of the class you are enrolling into. If payment is not received then your booking will be dropped to be made available to others. Payments can be made by Cash or by Bank Transfer

Low Enrollment
In the event that there is only one (1) student in a class, please understand you may be asked to switch times to properly fill classes. If you wish to stay in the original date/time slot, we will need to charge you for private or semi-private lessons.

Photo Release
Being the STUDENT/PARTICIPANT(s) or guardian of a child registered with THE SCHOOL , I give permission for photos or videos of my child participating in the program to be used for marketing material, social media and website purposes with our school ONLY. PLEASE MAKE A NOTE IN THE COMMENTS SECTION WHEN REGISTERING FOR CLASSES IF YOU WOULD LIKE TO REFRAIN FROM THIS POLICY. Thank you.

Group & Private Lessons/ Switching Instructors
Our clients have become fond of particular instructors. So have we, we love our instructors! We will continue to make decisions regarding where instructors are placed based in the effort to provide our clients with the best swimming experience possible. We understand that different students respond to different teaching personalities. We will always try to respond to these needs. We will never guarantee a particular instructor and always reserve the right to change instructors if other considerations require it. We encourage parents to use different instructors. Our goal is for every child to be able to swim regardless of who they are swimming with, what the circumstances are, and where they are swimming.

Gaurantee
THE SCHOOL does not guarantee that any child will be independently swimming after a specific number of swim lessons. Every child learns differently and at differing rates. Each child in our program is evaluated by our expert instructors and is taught a progression based swim lesson curriculum. Our goal is for each child in our program to swim independently. We will NEVER guarantee to “Drown Proof” your child. What we WILL guarantee is that your child will learn to swim in our program and have a positive swim experience that will last a lifetime. We teach “Lessons for Life.”

Right of Admission Reserved
We reserve the right to limit admission at any time for any reason.