Terms and Conditions

1. Payment Policies

A valid form of payment is required to complete your swim lesson registration.  All lessons must be prepaid via credit card to ensure an instructor can accommodate the duration of the lessons and help give our instructors a more predictable schedule since they are commuting to individual pool location.

Payments must be made within 24 hours of receiving an invoice after a schedule has been agreed upon. If payment is delayed further than 24 hours there is no guarantee that your scheduled dates will still be available. Please pay promptly to assure you get your requested dates and times.

Any money given to an instructor directly is considered a tip.  Tips are not mandatory, however, they are greatly appreciated at the end of lesson package for a job well done.

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2. Refunds and Cancellations

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Refunds will only be given under one circumstance:

1. We are unable to fulfill your scheduling requests before lessons begin. If we are unable to fulfill your lesson request before lessons begin we will refund the entire package amount in full.

 

Cancellation of a lesson in the package will only be allowed under two circumstances:

 

1. You cancel within 24 hours. 

2. Cancellation is made due to inclement weather (at least 1 hour before)

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Cancellations under these two circumstances may be rescheduled with your instructor. 

Client may be subject to a cost amounting to ½ of the lesson if cancellation is made less than 24 hours in advance, or lose the lesson.  

If you are unable to complete all of the lessons in the package, all unused or unscheduled lessons will be honored for one year from the date of booking.

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3. Swim Instructors.  

We will assign a swim instructor to your lesson package based upon your location, availability, and the age and ability of the swimmer. All Kitty Swimmers LLC instructors and lifeguards are independent contractors and are not employees, agents, joint ventures or partners.

 

4. Preparedness 

All swimmers should be at their lesson location, dressed in a swimsuit, and ready to begin their lesson at the scheduled start time.  The lessons will end at the regularly scheduled time, regardless of whether the swimmer was late getting started.

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5. Parental Supervision.  

For swimmers less than 18 years of age, we require that a parent/guardian maintain direct supervision at all times during the lessons. We recommend that parents of preschoolers watch from a distance or inside through a window as this age group tends to “act up” when a parent is close by.

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6. Scheduling

Before payment is collected a schedule will be worked out with the client and the instructor. The agreed upon schedule is not guaranteed and may change due to your timeliness in paying for lessons. We will reserve your schedule for 24 hours after sending an invoice. After 24 hours if we do not receive a payment, we make no guarantees that the dates and times you requested will still be available. Lesson dates are reserved on a first come, first pay basis. We do not hold lesson dates without receiving a payment in full beyond 24 hours of sending your invoice. It is possible that the dates will still be available if you delay payment, however not guaranteed.

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7. Cancellations and Make-ups.  

You are required to provide 24 hours notice to cancel a lesson, unless the cancellation is due to weather conditions.  If a lesson is cancelled with less than 24 hours notice, that lesson time will be forfeited.  Lessons cancelled with proper notice, or cancelled due to weather with 1 hours notice may be rescheduled with your instructor.   This policy is in place as our instructors often pre-book new lesson packages to begin after their current lesson packages are scheduled to be completed; allowing multiple reschedules would interfere with their new lessons.

Reschedules are not allowed for individuals in group lessons unless the entire group decides to reschedule the lesson and does so within 24 hours of the group lesson.  If an individual misses a group lesson, they forfeit that lesson.

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8.  Cancellations Due to Weather.  

Lessons may be rescheduled if cancelled due to inclement weather (cold and rainy, lightning or dangerous/extremely inclement weather) however must be done with at least 1 hours notice to the instructor via text or phone call.  High temperature is not considered a valid reason to cancel due to weather. Please contact your instructor at least 1 hours prior to lesson start time if you need to cancel due to weather.

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9. Cancellation by Kitty Swimmer LLC.  

We reserve the right to cancel the swim lessons without refund if the swimmer is extremely disorderly, inappropriate and/or creates a risk of harm to his or herself or others.  Inappropriate conduct includes, but is not limited to the following: biting, scratching, spitting, excessive crying and yelling, exiting the pool without permission.  If a lesson is cancelled due to the inappropriate conduct of the swimmer, the remaining lessons will be forfeited and no refund will be issued.

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10. Pool Conditions.  

Pool temperature must be a minimum of approximately 84 degrees to ensure student comfort and an environment conducive to learning to swim.   We reserve the right to cancel or cut short the lesson without refund due to inadequate pool temperature or unsanitary pool conditions.

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11. Parking

The client must provide parking for the instructor. If there is no parking space available for the instructor and the instructor has to pay for parking, the client must pay for the instructor’s parking. The client can give the instructor cash at the lesson, or Kitty Swimmers LLC can invoice the client for the costs of parking.

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12. Non-Solicitation Agreement.  

The parent/student relationship is with Kitty Swimmers LLC. To solicit a Kitty Swimmers LLC instructor to schedule lessons outside of the Kitty Swimmers LLC program is illegal and may cause the instructor to lose his or her job with Kitty Swimmers LLC and we may pursue further legal action due to the instructors breach of contract. Students, parents, and guardians will not circumvent the Kitty Swimmers LLC program.   

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13. Assumption of Risk.  

I understand, agree and acknowledge that there are risks inherent in the sports activities conducted by Kitty Swimmers LLC including, but not limited to, paralyzing injuries, brain injuries, and death.  These activities may be of a hazardous nature and/or may include activities such as swimming, diving, and a variety of strenuous exercise and physical activities. With the full understanding of the facts, I state that to the best of my knowledge, I, my son/daughter/grandchild/relative/individual listed has no medical, physical, or emotional health conditions that would hinder or prevent my/his/her participation in Kitty Swimmers LLC programs.  I hereby knowingly assume the risk of any injury to myself and/or my son/daughter/grandchild/relative/individual that could result from their participation in Kitty Swimmers LLC activities.

I understand, agree and acknowledge that swimming can be dangerous and the facilities at which a lesson takes place may contain hazards that could result in my or my children’s injury or death and/or damage my property. I assume all risk of injury, death, and property damage related to all lessons scheduled through Kitty Swimmers LLC. Kitty Swimmers LLC does not inspect or maintain any facilities at which any lesson takes place, does not provide any equipment used at any lesson, and is not responsible for the behavior of any client or instructor. By scheduling a lesson, you are agreeing that Kitty Swimmers LLC  has no liability whatsoever for any injury, death, or property damage suffered by you/your child/your relative/your legal guardianship in connection with such lesson.

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14. Liability Release.  

As the legal parent or guardian, I release and hold harmless Kitty Swimmers LLC, its owners, operators, and instructors from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the swimmer and/or myself, while in or upon the premises or any premises under the control and supervision of Kitty Swimmers LLC, its owners, operators, instructors, and pool hosts.  In no event shall Kitty Swimmers LLC be liable for any injury, loss, claim or damages (including indirect, special, exemplary, punitive, incidental, or consequential damages) of any kind, whether based in contract, tort, or otherwise, which arises out of or is any way connected with (I) any use of the services, the site, or its content, (II) any failure or delay (including, including but not limited to, the use or inability to use any component of the services) or (III) the performance or non-performance of any instructor or client in connection with the services, even if Kitty Swimmers LLC has been advised of the possibility of such damages.  I understand that I am voluntarily participating in Lessons, and that I waive and release any and all claims for damages of personal injury, death, or property damage that may have or will occur as a result of participating in Swim Lessons.