Terms and conditions for General Membership

Policies, Terms and Conditions

We are thrilled to have you joining out club! We are strong proponents in managing expectations and that great results occur when everyone is on the same page. This, we kindly request that you understand the Policies and Procedures of our swim academy to ensure every student and member has a safe and rewarding experience while at our club.

Class Times

Each group, semi-private or private lesson can be specified at 10, 20, 30, 45 or 60 minutes in length. Class schedules can vary day to day, week to week. Our goal is to provide as much flexibility as possible for selecting swim classes each week, and parents may do so online or at our reception lobby. The registration system will indicate the length of each class.

Membership, Tuition and Fees

In most cases, membership dues and tuition are billed monthly. Our lesson structure is based on a recurring monthly membership, and members with a current membership are afforded the opportunity to enroll in classes. The classification and number of classes available to members will vary and is dependent upon the type of membership purchased. Once you are enrolled in classes, you will continue to be billed monthly until you notify us of your desire to withdraw from classes (see “withdrawing from lessons” below). You may cancel your membership online (via your personal account) or at our reception desk. Some clinics and other short-duration programs, and tuition for promotional bundles, camps or clinics will be billed immediately. Tuition for your first month will be prorated according to the number of classes left in the month and will be billed immediately. A registration/signup fee is due immediately upon registration for a membership. A credit card is required to be on file for all customers paying for swim lessons. Customers are responsible for tuition at all times, including upon expiration of a credit card on file. General memberships (for general use of the facilities, and not linked to any specific swim program) require an initial 3 month commitment. There shall be no refunds on dues during the first 3 month period. After 3 months, a member may cancel membership online, or at our facility, for any reason. In the event of a cancellation, dues will remain payable in the current month, and will cease beginning on the first day of the subsequent month.

For everyone's safety, general members need to be 18 years of age to swim laps and utilize our gym. Swimmers between the ages of 14 and 18, with general membership filed under a parent/guardian may be permitted to swim laps, once they have demonstrated the ability to swim the length of the pool. Swimmers under 18 will not be permitted to utilize the gym unless they have also demonstrated competency in utilizing gym equipment.

Registration

Registration for membership and classes are available at any time, online or at our facility, subject to available capacity. The registration fee to purchase membership is non-refundable and non-transferable for any reason.

Withdrawing from Lessons, Cancelling a Membership

Waves Swim Academy provides for a one time, one month hold on member accounts for families who may not plan to take lessons in a given month, for whatever reason. This may be for a vacation, for example. There is no fee for this hold, and tuition/membership fees will not be charged during that month. A hold should be entered prior to the 25th day of the month prior to the month in which a hold is desired. A hold cannot be put in place for the current month.

To withdraw from lessons, log in to your account via the customer portal to cancel membership, or visit our reception desk for assistance. In order to avoid being charged for the next month of lessons, you must withdraw your student on or before the 25th of each month. Participants that have accounts on hold may loose any future position on a registered class if a hold extends beyond 1 month.

Refunds

When you enroll your student in classes you are reserving a position for your child..a position that may be in high demand, especially with a low teacher/student ratio. By reserving a position in a class you are agreeing to pay for your reserved position independent of your child's attendance. Waves Swim Academy will, in most class situations, provide for a student to reschedule one class for a following week, so long as the rescheduling event takes place prior to the originally scheduled class. Refunds for classes missed for any reason, will not be provided.

Facility Closures

In the case that a facility is closed due to inclement weather or maintenance, a make-up class may be be scheduled or your account will be credited for the classes cancelled, at discretion of management. All credits will be applied to future tuition for lessons at Waves Swim Academy and cannot be converted to cash or transferred to any other party. If an appropriate make-up class can’t be scheduled, a credit may be offered. Waves Swim Academy will do its best to alert clients of a closure with an electronic text or phone messaging system, if situations warrant a class to be cancelled, or the facility should need to close.

Instructor and Class Changes

We do our best to accommodate specific instructor requests. However, specific requests for instructors are not guaranteed. Instructor substitutions, modifications and changes can occur at the sole discretion of Waves Swim Academy. If classes are not booked to capacity, we reserve the right to combine classes to fill the class. We reserve the right to cancel, change your lesson day, time, or level at any time, should the need and reasonable need require this.

Timeliness

Please arrive early enough so that your student has time to stop by the bathroom, get changed and get equipment (if applicable) ready before class begins. To avoid class disruptions, if the student is more than 10 minutes late, he or she will not be allowed to join class that day. Parent/Guardian Attendance Participants’ parent/guardian must remain at the facility or on the pool deck (hosted facilities only) during the entire duration of each lesson.

Moving to The Next Class Level

Students are promoted to the next class level upon demonstration of skills required at each level. Every student will learn skills at different rates. Classes run on a perpetual schedule, without a finite beginning or end. This process allows swimmers to be elevated to their next level when they are ready, without needing to complete a class session or term. We are always seeking results for your swimmer!

Changing Areas, Restrooms and Locker Rooms - Children under the age of 4 must be accompanied by a parent/guardian in a changing room, restroom or locker room. Children 4 years and older can use a changing room, restroom or locker room unaccompanied.

Swimsuits

We strive to maintain our pool water quality at very high levels at all times. Anyone entering the pool is required to wear appropriate swim apparel. No street clothing, including cut-off shorts, will be permitted in the water. Swim suits are available for purchase in our Pro Shop. Swimmers over the age of 8 are required to take a shower, either in the locker room, or on our poolside deck showers, prior to entering the pool. Street clothing is not permitted. While it is not required, we highly recommend that little girls wear one-piece swimsuits.

Swim Diapers

All students who are not fully potty-trained and all students under the age of three are required to wear a reusable (non-disposable) swim diaper. Disposable swim diapers should be worn under the non- disposable swim diaper. Reusable diapers have a tighter fit, which helps to avoid accidents in our pools. A swimsuit or a pair of shorts should be worn over the diaper. Even a small accident in the pool can close the pool down for as long as 24 hours. Nondisposable swim diapers are available at our Pro Shop.

Swim Caps & Goggles

For safety reasons, any student who has hair longer than chin length is required to wear a swim cap. Swim caps are available at our Pro Shop. Unless otherwise directed by their instructor, all students should have a pair of goggles with them at every class. This will not apply to certain classes. Goggles are available for purchase at our Pro Shop.

Watching Lessons : Parent or Guardian Maintaining Presence During a Lesson

For safety reasons, at least one parent or guardian must remain at the facility during the entire direction and duration of every lesson. Spectators may watch from our viewing area during their participant’s class. Spectators are not allowed in the pool area, or on deck, during classes except when requested by the instructor. If you have questions or requests for the instructor, we kindly ask you to ask them during any intermission time or to talk with a Deck Supervisor or Waves Swim Academy staff. Safety is the Deck Supervisor’s primary duty, but they are also available to convey messages to instructors between class sessions. We want to ensure we accommodate all questions and concerns, and at the same time ensure a safe, well-managed deck and pool area.

Food and Snacks

In order for us to maintain a clean and safe pool environment, food and drink are not allowed on the pool deck at any time. The only exception to this is bottled water or a sports drink, so long as the bottle is plastic.

I HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH ALL OF THE ABOVE POLICIES AND PROCEDURES. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT ANY OF THESE POLICIES AND PROCEDURES.

WAIVER AND RELEASE OF LIABILITY

PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.

In consideration for using this facility and participating in any class, program, or event operated by Liquid Sports USA, LLC dba Trident Aquatics Club (hereafter, “Trident Aquatics Club”), you agree to the following. The use of any facilities, services, equipment or premises owned or used Trident Aquatics Club (collectively, the "Facilities"), and your participation in or visit to a Trident Aquatics Club program, involve the risk of injury to you and your child, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as causes by, for example, a weightlifting accident and overexertion, including catastrophic injuries such as drowning and death. You understand and appreciate the inherent risks that arise from the nature of the aquatics, strength and conditioning, and education programs operated by Trident Aquatics Club. You understand and voluntarily accept these risks and agree that Trident Aquatics Club, the owners and operators of the Facilities, the entities listed below, and such parties' respective officers, directors, employees, volunteers, property owners, managers, agents and independent contractors 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, your spouse, child, guests, unborn child(ren), or relatives, whether caused by the active or passive negligence of the owner, operators, employees or otherwise or by anyone at or using the Facilities, and that the owner, operators, employees may not be held liable for Losses resulting from defective products. If there is any claim by anyone for any losses that involves you or your guest, you agree to 1) defend the owner, operators, or employees against such claim and 2) indemnify the owner, operator, or employees 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 you and your child are in good physical condition and that there is no medical condition or impairment that might prevent you or your child from participating in swim instruction or using the Facilities. You further acknowledge that the owner, operators or employees or representatives have not given you or your child medical advice related to your physical condition and ability to participate. If you have any health or medical concerns now or later, discuss them with your doctor.

I acknowledge that I am aware that there are risks to me/minor of exposure to directly or indirectly arising out of, contributed to, by, or resulting from:

An outbreak of any and all communicable disease, including but not limited to,

the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”,

which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or

variation thereof;

The undersigned hereby expressly agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oklahoma and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

CONSENT FOR EMERGENCY MEDICAL TREATMENT

In the event of a medical emergency, the undersigned Participant or Parent/Guardian of the Participant(s) listed below, hereby grants authorization to Trident Aquatics Club, its management, directors and agents, employees, and owner/operators, 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 participants. Such treatment may include, but not be limited to, first aid, CPR, AED, emergency transport and the sharing of relevant medical information. The undersigned agrees to assume all costs of the care and transportation related to medical treatment. Each of the undersigned also agrees that neither Trident Aquatics Club, its owner/operators, employees or contractors, 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.

PROMOTIONAL MATERIAL

From time to time, our staff at Trident Aquatics Club will take and utilize photography for class graduation celebrations, marketing purposes, and to share our activities on social media, our website, etc. I grant to Trident Aquatics Club, its representatives and employees the right to take videos of me, parties to which I am legal guardian, and my property in connection with the above identified subject. I authorize Trident Aquatics Club, its assigns and transferees to copyright, use and publish the same in print and/or electronically in perpetuity regardless of media/channel. I agree that Trident Aquatics Club may use such video of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, social media and web content. Participant or Parent/Guardian of the Participant(s) understands that photos and video are occasionally taken at the Trident Aquatics Club for promotional and marketing purposes. Participant or Parent/Guardian of the Participant(s) agrees that likeness or comments or comments of any member of my family or guests may be used by Trident Aquatics Club’s promotional and marketing materials in any form.

I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION. I ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. I UNDERSTAND THAT THE INFORMATION HEREIN WILL GOVERN MY RELATIONSHIP AND THE RELATIONSHIP OF ANY PARTICIPANTS WITH LIQUID SPORTS USA, LLC dba TRIDENT AQUATICS CLUB. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS WAIVER AND RELEASE OF LIABILITY, MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH LIQUID SPORTS USA, LLC dba TRIDENT AQUATICS CLUB. FURTHERMORE, I AGREE TO FOLLOW ALL SAFETY RULES AT THE FACILITY AND AGREE THAT I MAY HAVE MY PARTICIPATION TERMINATED IF MY ACTIONS ARE DEEMED UNSAFE TO MYSELF, OTHER PARTICIPANTS, INSTRUCTORS, OWNERS AND OPERATORS.

The “Additional Entities” included above include, but are not limited to the following: Trident Development, LLC.

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