WAIVER AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
The use of any facilities, services, equipment, or premises used by a Timm Swimm, LLC swimming lesson program (collectively, the "Facilities"), and your participation in or visit to a Timm Swimm, LLC swimming lesson program, involve the risk of injury to the participant. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, including catastrophic injuries such as drowning and death. You, on behalf of the participant, understand and voluntarily accept these risks and agree that Timm Swimm, LLC, the owners of Timm Swimm, LLC, the owners and operators of the Facilities, and such parties' respective officers, directors, employees, managers, agents and independent contractors (collectively, the "Releasees"), will not be liable for any injury (including, without limitation, personal bodily or mental injury), economic loss or any other damage (collectively, "Losses") to you, the participant, your spouse, child, guests, unborn child(ren), or relatives, whether caused by the active or passive negligence of the Releasees or otherwise or by anyone at or using the Facilities, and that the Releasees may not be held liable for Losses resulting from defective products.
If there is any claim by anyone for any losses that involves you, the participant, or your guests, you agree to (i) defend the Releasees against such claim; and (ii) indemnify the Releasees with respect to any losses arising from such claim to the fullest extent under applicable law,
In addition to the terms above, you represent that the participant is in good physical condition and that there is no medical condition or impairment that might prevent the participant from participating in swim instruction or using the Facilities. You further acknowledge that the Releasees have not given you or the participant medical advice related to the participant's physical condition and ability to participate. If you have any health or medical concerns now or later, discuss them with your doctor.
CONSENT FOR EMERGENCY MEDICAL TREATMENT
In the event of a medical emergency, you hereby grant authorization to Timm Swimm, LLC, its management, directors, agents, employees and owners, to employ any legally licensed physician or health care facility on behalf of the participant, and to direct and/or order emergency medical treatment for the participant. You also agree that neither Timm Swimm, LLC, its owner/operators, the Facilities, the Facilities' owner/operators, nor any of their respective representatives, shall be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency.
If a student has to miss a class for any reason, please notify us as soon as possible, so that we can fill their spot with another student in need of a make-up. We will attempt to make up ONE class per session for each student, though WE CANNOT GUARANTEE THAT WE ARE ABLE TO DO SO. Once you have notified us (in advance) of the missed class, and requested a make-up, you will be added to a queue for make-up students. When a spot opens up in an appropriate class, you will be notified by text and email, and given the chance to accept or decline the class. We will proceed through the queue until that spot is filled. If you do not notify us of the missed class before the start of class (barring extreme circumstances) we will not attempt to provide you with a make-up class.
Make-ups will only take place during the same session as the missed class. Credits or refunds will not be issued for a student who is unable to attend a class.
In the event that a student must withdraw from the program prior to the start of the session, the family will be issued a full refund of the class fees. Please note, the refund policy goes into effect on the first day of the session, not the first day of your class. No refunds will be issued after 10:00 am on the first day of the session. If the first day of the session has begun, and there is a need to withdraw, a partial credit equaling 50% of the cost of the remaining classes will be issued. The credit will be added to the family's account for use in a future session.
In the case of a weather cancellation or any cancellation beyond the control of the program, such as an "Act of God" then there will be no credit or refund issued. In the event that a class is cancelled for reasons such as instructor illness, a make-up will be scheduled, or a credit equivalent to one class will be issued to the family's account for a future session.
You hereby grant to Timm Swimm, LLC, its representatives, and employees the right to take videos of yourself, the participant, and your property in connection with the above identified subject. You authorize Timm Swimm, LLC, its assigns, and transferees to copyright, use and publish the same in print and/or electronically in perpetuity regardless of media/channel. You agree that Timm Swimm, LLC may use such video of you, the participant, or your property with or without your name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, social media, and web content. You understand that photos and video are occasionally taken during swim lessons for promotional and marketing purposes. You agree that likeness or comments or comments of any member of your family or guests may be used by Timm Swimm, LLC in its promotional and marketing materials in any form.