ACTIVITIES WAIVER AND RELEASE OF
LIABILITY FOR SWIM LESSONS
Waiver of Liability and Assumption of Risk
I understand Streamline Swim Services LLC's activities can lead to serious physical injuries. I acknowledge and agree that I am solely responsible for my child’s safe and responsible use of f Streamline Swim Services LLC facilities, whether supervised by a Streamline Swim Services LLC representative or not. I hereby assume the risk that I/my child may suffer injury as a result of the use of Streamline Swim Services LLC facilities or equipment or by participation in Streamline Swim Services LLC activities. I agree for myself/my child and on behalf of my/my child’s heirs, representatives, successors, and assigns (“user’s parties”) that Streamline Swim Services LLC including its owners, partners, members, directors, officers, employees and agents (Streamline Swim Services LLC Parties) will not be
liable for any damages or injuries user parties may suffer in or around Streamline Swim Services LLC or while participating in Streamline Swim Services LLC sponsored activities unless caused by gross negligence of Streamline Swim Services LLC.
I agree on my/my child’s behalf that neither I nor my child will make a claim against, sue or attach the proper of a Streamline Swim Service party or affiliate thereof. I agree that Streamline Swim Services LLC will not be liable
for any loss, theft, or damage to my/my child’s property in or about Streamline Swim Service facilities.
Section 1. Arbitration
I agree to resolve any and all claims, disputes, or controversies arising out of or in relation to the usage of Streamline Swim Services LLC exclusively by final and binding arbitration using the American Arbitration Association’s (AAA) Commercial Arbitration Rules.
This includes but is not limited to, claims related to fee disputes, personal injury, and any other claim, which may be asserted under the laws of contract and/or law of tort and/or asserting a public policy or Constitutional claim. The laws of the state of Texas shall govern the dispute, and arbitration shall be conducted in Dallas TX.
Section 2. Indemnification
I shall indemnify and hold harmless the Streamline Swim Services LLC, and each of their agents, officers, director, attorneys, and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought in any jurisdictions against any if the foregoing persons resulting from any action whether by my/my child’s negligence or otherwise, or user parties at Streamline Swim Services LLC facilities or while participating in
Streamline Swim Services LLC sponsored activities. This indemnification shall include, but not be limited to, any damages fees, and any other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by me/my child Streamline Swim Services LLC and/or any other person defending such proceeding. I shall further indemnify Streamline Swim Services LLC and their parties for all costs, fees, and damages which Streamline Swim Services LLC and their parties may incur in enforcing this indemnification provision. Modifications or additions to
the pre-printed terms of this agreement other than the completion of existing blanks are authorized and will not be honored by Streamline Swim Services LLC. I acknowledge that I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between me/my child and Streamline Swim Services LLC and its affiliated organizations and agree to it at my own free will.
Refund Policy: Single Bookings
All Clients/Students have the ability of their own choosing to cancel and/or reschedule lessons that are already booked on any instructor's calendar. With that, we have a NO refund policy for single-booking lessons.
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Refund Policy: Package Bookings
When a client books a package of lessons (EX: package of 4 lessons for 30 minutes), the client is able to cancel all the bookings before the 24 hour period and receive a partial (50%) refund of their total unused credits (not including service fee). ONLY ACCEPTABLE REASON FOR REFUND OF 50% refund of unused swim credits: Illness, Family Emergencies, or Unsafe Weather Conditions (According to the American Red Cross, the recommended minimum water temperature for safe outdoor swimming is at least 78°F).
NO REFUND - After 6 MONTHS FROM DAY OF PURCHASE OF HAVING ANY UNUSED Swim Credits in your account (although no refund will be applied, you may still use any remaining credits to book at any time.)
Cancelation Policy
If a client/student schedules only 1 single appointment/lesson, if he/she cancels the lesson BEFORE 24 hours of the lesson's scheduled appointment, a credit may be returned to the client. If IT IS within a 24 hour period of the time of the lesson, then the client is subject to cancel the lesson with NO refund OR credit.
Acceptable reasons for cancellation of lessons: illness, weather, or family emergency.
Monthly Membership Fee
As of April 1st 2024, A Membership Fee of $20/Month for Streamline Swim Services LLC is REQUIRED upon the payment of booking swim classes and if you are a CURRENT ACTIVE Client with Streamline Swim Services LLC. The Membership Fee STARTS when you pay for your first booking with Streamline Swim (Membership Fee is deducted on a separate transaction.)
This fee grants the client access to our swim program, services, and benefits. By enrolling in our program, you acknowledge and agree that maintaining an ACTIVE Membership will auto deduct monthly on the day of your 1st booking. While maintaining a Membership with us, the client is granted 1 FREE Loyalty Swim Lesson on us (they do not roll over - use it OR gift it!)
If the client wishes to cancel the membership when classes are completed, the client is REQUIRED to email or inform Streamline Swim Services LLC to cancel the membership. All Membership fees of $20 are NON-REFUNDABLE.