I, the swimmer, hereby affirm and acknowledge the inherent hazards and risks associated with swimming. I fully understand that these risks can lead to severe injury and even death. In consideration of permitting me, the swimmer, to participate in swimming. or related operations conducted by the facility of Midwest Aquatics Swim & Scuba Center.
I, for myself, my personal representatives, heirs and next of kin do HEREBY acknowledge that SWIMMING IS A POTENTIALLY DANGERIOUS ACTIVITY and involve the risk of serious injury and/or death and/or property damage;
HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Midwest Aquatics Swim & Scuba Center, its facility, or any of its officers, instructors, agents or employees (the Releasees) form all liability resulting in any loss or damage, and any claim or demand therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation in said activities, swimming, or other related operations that may occur, whether caused by the negligence of the Releasees, or otherwise;
HEREBY EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE, now and forever, arising out of, or related to participation in said activities, swimming, or any other related operations, whether foreseen or unforeseen and whether caused by the negligence of the Releasees, or otherwise;
HEREBY acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES and agree that this Waiver of Claims, Release if Liability, Express Assumption of Risk, and Indemnity Agreement extends to all acts of negligence by Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as permitted be the law of the Province or State in which the activities are conducted;
I EXPRESSLY agree to INDEMNIFY and SAVE and HOLD HARMLESS the Releasees from any loss, liability, damage or cost that they may incur, now and forever, arising out of swimming or arising out of, or related to, participation in said activities, whether caused by the negligence of the Releasees, or otherwise;
If any provision of this document is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be constructed as though the unenforceable provision had never been contained in this document.
In executing this document, I am not relying on any oral or written representations of statements made by the releasees, other than what is set forth in this agreement.
I, the swimmer, hereby declare that I have read the Waiver of Claims, Release of Liability, Express Assumption of Risk, and Indemnity Agreement and fully understand that I have given up substantial rights by signing it. I am aware of its legal consequences, and have signed it freely and voluntarily without inducement, assurance, or guarantee being made to me and intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law. I hereby declare that I am of legal age and am competent to sign this agreement or, if not, that my parent or legal guardian shall sign on my behalf, and that my guardian or parent is in complete understanding and concurrence with this agreement.
As parent or guardian, I am signing this document on behalf of my minor child and agree to be specifically bound to all the terms and conditions of this agreement. I have read the agreement, fully understand the terms herein, understand that I have given up substantial rights by signing it; I am aware of its legal consequences, and have signed this document freely and voluntarily without inducement, assurance, or guarantee being made to me. I intend my signature to be complete and unconditional releases of all liability to the greatest extent allowed by law and further agree to indemnify and save and hold harmless Release.
We do not offer refunds. Once you have purchased a swim lesson space it is reserved for your student. Although we do not offer refunds we do offer each swim family the use of our pool during the posted Open Swim times
In order to maintain the integrity of our classes regarding content, size, consistency, and progression, we do not offer make-ups or refunds for missed lessons. We have found that adding children to classes for make-ups disrupts the rhythm of the class. Please do your best to attend your scheduled classes. Instead, Midwest Aquatics extends to our swim families the use of the pool during our Open Swim Times. Extraordinary and extended illnesses will be handled on a case-by-case basis.
Swim Pants Policy
Fecal contamination in or around a pool poses a serious health risk to all persons using the facility. We are trying to reduce the spread of disease and inconvenience to our swimmers. For the health and safety of our swimmers and teachers, please heed the following guidelines.
Children UNDER THE AGE OF FOUR are required to wear reusable swim pants. Due to the failure of disposable swim diapers to work effectively, we must require only reusable, Health Department approved, swim pants in our pool. Midwest Aquatics provides a selection of swim pants for sale in our retail area. We are experts at fitting swim pants. Please do not buy a size for your child to "grow into." The elastic legs must be tight enough to contain an accident. Please arrive a few minutes early to purchase your child's swim pants.
BUBBLES & BACK FLOATS -Required for ages 2-5 beginning swimmers
Due to liability reasons bubbles or back floats purchased outside our facility are NOT allowed to be used in our program. Unfortunately, these devices are not all manufactured the same and may not meet our safety standards.
Uncontrollable Closures Policy
Midwest Aquatics makes every effort to remain open and operational in all weather and under all circumstances. There are, however, situations outside our control that make remaining open impossible or unsafe. On these rare occasions, we will email you to let you know that lessons have been cancelled. You will be entitled to an Open Swim Pass for the missed lesson. No make-ups or refunds.
- I understand and agree that swim lessons should never replace adult supervision.
- If my child comes under a physician's care during the course of instruction at Midwest Aquatics, I understand and agree that it is my responsibility to notify the office before the start of class.
- I understand that due to the operational costs, tuition for swim lessons is non-refundable. In cases of medical emergencies, credit for future lessons may be extended to customers.
- I agree that while I have a child under the age of four years attending swim lessons with Midwest Aquatics, he/she MUST wear reusable swim pants.
- I understand that Midwest Aquatics does not offer make-up lessons.
Teacher Absence Policy
If your teacher has to miss a class they will first attempt to schedule a substitute teacher for your class. If a substitute is not available then your teacher will schedule a missed lesson time for a future day/time. Refunds will not be an option in the event you are unable to attend the make up lesson.
From time to time we may take pictures of our swim classes or swimmers for our promotional use only. You acknowledge that we may take and use these pictures. No personal names or contact information will ever be shared or published.