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.
Welcome to Swimm with Timm! This Private Swim Lesson Agreement (the
"Agreement") applies to the swimming lessons provided by Timm Swimm, LLC ("Timm
Swimm", "we", "us", or "our"). Please read this Agreement and the attached Promotional
Material Waiver carefully. By signing up for lessons, you agree to be bound this Agreement and
our Promotional Material Waiver.
1. Our Services. We provide private swim lessons for small groups of children at private
pool facilities. You are responsible for providing the pool facilities for us to conduct the lessons.
In order for us to provide the best learning experience possible, you should ensure that the pool is
kept at a comfortable temperature, is algae-free, and otherwise meets applicable safety standards.
We reserve the right to cancel or end a lesson if the pool does not, in our opinion, meet the
applicable standards, and the lesson will be charged to you.
If you do not have access to a pool, please let us know in advance of scheduling lessons,
and we can make arrangements to rent a pool. The cost of the pool rental will be added to the
lessons fee set forth herein.
A parent or guardian of at least one of the students must be at any lesson location if the
student is a minor (under the age of eighteen). We reserve the right to cancel or end the lesson if
no parent or guardian is present and the lesson will be charged to the client.
We will bring any equipment necessary for the lessons to your pool. We also offer
equipment for sale; please let us know if you are interested in purchasing equipment from us.
Each student should wear an appropriate swimsuit and bring a towel. Students may wear
goggles. Students who are under the age of three (3) or who aren't fully potty-trained should
wear a swim diaper. If the lessons are scheduled at a rented pool, that location may have
additional policies, and you hereby agree to follow those policies as well.
2. Scheduling Lessons. You request a lesson consisting of ______ classes. Classes usually
are held weekly, but together we will establish a class schedule that fits your needs. We will then
send a proposed schedule to you. Once you have approved that schedule, we reserve those class
times exclusively for you, and we will not book another student for the same times. Most classes
last for 30 minutes. Some classes may last for 60 minutes if the students are more advanced.
Before the lesson begins, we will ask you questions about the students in order to determine their
skill levels. We will be able to give you a better idea as to the duration of the classes after we've
assessed each student's swimming ability during the first class. Occasionally we find that the
students in a lesson have varying experience as swimmers. To ensure that every student has fun
and learns at their own pace, we may recommend dividing the students into separate lessons.
For instance, if a lesson for a group of three students consists of two beginner students
and an advanced student, we may recommend that the two beginners take a lesson together, and
the advanced student take a private lesson. If we make such a recommendation, the price for the
lessons will be adjusted accordingly. We realize that everyone's lives are busy, and sometimes
you may need to reschedule a class. If you need to reschedule a class, please give us 24 hours
advance notice, and we will do our best to accommodate you. If you do not provide us with 24
hours notice, you will be charged for that class. Please understand that we reserve exclusive class
times for all of our private lesson students, so the time available for a make-up class is limited.
Because we plan a schedule together with you that fits your specific needs, we will not
reschedule more than one missed class in a lesson, and if your initial lesson schedule has ended,
we will not reschedule a missed class.
If class will be held in an outdoor pool, sometimes the weather doesn't cooperate. If
inclement weather is forecast, we will contact you in advance and reschedule the class. If
inclement weather affects a class in progress, we will pause the class and then finish it as soon as
we determine that it is safe to do so. If either your schedule or our schedule prevents us from
resuming the class after the inclement weather passes, we will add the time remaining on the
paused lesson to a future lesson, or we will make some other arrangement with you to make up
For instance, in the event of lightning, we will pause the class for 30 minutes after the last
lightning flash and then finish the class, add the time left in the affected class to another class, or
we will make some other mutually agreeable arrangements with you to make up the class time
lost due to the weather.
3. Lessons Cost and Payment. The cost of our lessons depends on the number of students in
the class. For classes consisting of one student, the cost will be $80.00 per hour. For classes with
two students, the cost will be $70.00 per hour, per student. For classes with three students, the
cost will be $60.00 per hour, per student.
We use PayPal or a similar payment system such as Square for processing lesson
purchases. When you make a purchase using these payment processors, you agree to pay and
authorize such processors to charge you using your selected payment method and payment plan,
for all applicable fees and taxes relating to your purchase. We are not responsible for charges
applied by your credit card company and/or financial institution. You are responsible for
providing complete and accurate billing and contact information to us.
We require that one-half of the cost of the lesson be paid prior to the first class. The
remaining one-half of the cost of the lesson will be due at the halfway point of your classes. For
example, if you enroll a student in a 8 week lesson, your first payment equal to the cost of four
classes is due before the first class. The balance of the payment, equal to the cost of the
remaining four classes, will be due before the fifth class. If you any questions about the costs of a
lesson or the timing of payments, please contact us.
The lesson schedule and cost that we agree upon will be attached to this Agreement and
shall be incorporated by reference herein.
4. Refund Policy. We handle refunds on a case-by-case basis depending on the
circumstances. Because we set aside specific times exclusively for your classes, our general
policy regarding refunds is to assess an early cancellation fee equal to 25% of the cost of the
For example, say you enroll your child in an 8 class lesson for $640.00. You pay $320.00
before the first class. Your child attends three classes and then you cancel and request a refund.
In this instance, we will assess you an early termination fee of $100.00 (.25 x $400.00).
If a student is injured and is unable to participate in class, our policy is that we will not
issue a refund if the injury occurs after the halfway point of the lesson. We try to be fair and
reasonable with our customers in accommodating requests for refunds, however, and we will do
our best to accommodate your request for a refund after considering the circumstances of your
5. Acceptance of Risk. You understand that swimming is a hazardous activity and
recognize that the sport of swimming may involve the risk of physical or mental injury or illness.
Specific risks vary from one individual to another and the risks range from minor injuries or
illness to major injuries or illness, including paralysis and death.
We shall have no obligation or responsibility to monitor the health status or health
condition of a student or to contact or alert any medical or emergency professional. However, in
the event of an emergency, you authorize us to contact a medical or emergency professional
during your participation in a class. Further, you agree to pay all costs associated with medical
care and transportation incurred on behalf of a student. You hereby represent that you have
informed us in writing of any health or medical problems of which we should be aware.
You understand and voluntarily accept the risks and agree to indemnify, defend, and hold
harmless Timm Swimm, LLC and its officers, directors, employees, agents, successors and
assigns, from and against any loss, liability, claim, demand, damages, costs and expenses,
including all legal and other reasonable fees and expenses for investigating or defending any
action or threatened action (as well as settlement cots) which any of the indemnified parties may
incur in connection with any claim arising out of or resulting from the student's participation in
our swimming lesson.
6. Limitation of Liability. In no event shall we be liable (i) to you or the student for any
punitive, special, incidental, consequential, or other indirect damages arising out of or related to
the use or inability to use the swim lesson and any and all equipment received or purchased by
you as part of your swim lesson, even if we or our agents or representatives know or have been
advised of the possibility of such damages; or (ii) to any other person for any damages
7. Applicable Law and Construction. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts. If any term of
this Agreement or the application thereof to any person or circumstances, shall to any extent be
invalid or unenforceable, the remainder of this Agreement or the application of such terms to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest
extent permitted by law. This Agreement may be amended only by instruments in writing
executed by both parties.
8. Promotional Materials Waiver. You hereby grant to us, our representatives, and our
employees the right to take videos of the student, yourself, or your property during our lessons.
You authorize us, our assigns, and our transferees to copyright, use and publish the same in
print and/or electronically in perpetuity regardless of media/channel. You agree that we may
use such pictures or video of the student, yourself, or your property with or without your name
or the student's 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 us in our promotional and marketing materials in any form.