CANADA SWIM SCHOOL INC., a body politic and corporate, duly incorporated according to law, having its head office and principal place of business located at 33 Roosevelt, Dollard des-Ormeaux, Quebec City, Canada H9G 1J1, herein represented by Mr. Adam Di Fulvio, its President ,duly authorized, hereinafter referred to as "CSS".
WHEREAS CSS is involved in the business of providing both general and specialized swim/aquatic lessons and instruction to various partner pools, clubs, and individuals in the GTA area, such specialized instruction includes swim team, water polo, synchronized swimming, and lifesaving courses; and the Client wishes to engage the services of CSS for purposes of providing such specialized swimming/aquatic instruction to its team.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. The preamble to the following Agreement shall form an integral part hereof as if recited at length herein for all legal purposes.
2. That for and in consideration of the fees to be paid by the Client to CSS as outlined herein below, CSS shall provide weekly/ bi-weekly specialized swim/aquatic instruction (one or more of the following: swim team, water polo, synchronized swimming, or lifesaving courses, coaching and instruction) to the Client at the location stipulated on the CSS website (hereinafter referred to as "the Pool").
3. The Client and CSS agree that the term of this Agreement shall be one or more sessions of swimming/aquatic instruction. The sessions offered by CSS are as follows (and are subject to change at any time):
i. Winter session: January to March, 10 weeks in length
ii. Spring session: March to May, 10 weeks in length
iii. Summer session, June to August, 8 weeks in length
iv. Fall session, September to November, 14/15 weeks in length
4. The fees payable by Client to CSS for such swim/aquatic instruction are as stipulated on the CSS website, which fees are subject to change from time to time, and are charged per instructor on an hourly basis.
5. The Client agrees to pay the fees to CSS in accordance with the payment terms as stipulated on the CSS website. A late penalty of Five Dollars ($5.00) per week shall apply on any unpaid balance. Payment for swim/aquatic instruction services shall be by way of credit card through the CSS website.
6. Clients may re-schedule no more than 1 lesson per session provided that a notice of at least twenty-four (24) hours is given to CSS. Same day cancellations without proper notice shall not be refunded. It is understood that should the Client cancel more than one lesson, then any such cancelled lesson will not be re-scheduled, nor refunded.
7. CSS shall in no way be responsible for the cancellation of lessons/services due to the closing of the Pool for any reason whatsoever. CSS shall promptly inform the Client of any such cancellation due to Pool closing, and shall re-schedule the lessons.
8. The Client hereby acknowledges that it must ensure the proper supervision of all members of its specialized swimming/aquatic classes at all times, and the adherence to all safety and Pool regulations, failing which CSS shall have the right to terminate this contract. The Client also agrees to abide by the additional rules and regulations annexed to this Agreement as Schedule A and forming an integral part hereof.
9. The Client hereby releases CSS, its employees, and the operator/owner of the Pool from, and waive and renounce to, any claim for injury, death, loss or damage to person or property, however arising, to the complete exoneration of CSS and the operator/owner of the Pool. CSS will only be responsible for damages arising from the intentional fault or gross negligence of its employees. The Client hereby agrees to save CSS and the owner/operator of the Pool harmless from any such claim by itself, or by any participant (or his/her parents or legal guardian if applicable) in its specialized swimming/aquatic classes, in principal interest and costs. CSS and the owner/operator of the Pool are not liable for any material prejudice suffered by Client and persons related to Client, including but not limited to, theft or loss of items.
10. The Client shall ensure that each and every participant in its specialized swimming/aquatic courses, and in the case of minors, their parents/guardians shall sign agreements containing the waiver and limitation of liability provided for in section 9 hereinabove. It is understood that in the event of an emergency, the Client and the participant (and/or his parents or guardian) in the swimming/aquatic classes shall be responsible for the cost of any ambulance.
11. CSS shall have the right to terminate this contract at any time in the event that the Client or the participants in its specialized swimming/aquatic courses should fail to respect any of the terms and conditions hereof, including the regulations attached hereto as Schedule A, and this without any claim or recourse by the Client against CSS.
12. All information concerning lessons and scheduling shall be communicated in a timely manner by way of e-mail or telephone. The contact information for CSS is as follows:
CSS Contact: Adam Di Fulvio
Tel: (514) 294-8259
13. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the courts of the Province of Ontario, judicial district of Ontario, shall have exclusive jurisdiction with regard to any and all disputes arising from or relating to these presents.
14. If any provision or part of this Agreement is determined to be prohibited by, or invalid under applicable law, then such provision or part shall be deemed to be ineffective to the extent of such prohibition or invalidity. The remaining provisions of this Agreement shall remain in full force and effect.
15. The Parties understand and agree that this Agreement sets forth the entire agreement between the parties, and shall supercede any prior agreements existing between them, whether oral or written. The Parties hereby expressly acknowledge that the terms of this Agreement are valid and binding, and may not be modified or amended in any manner, save and except for a valid written agreement signed by both the parties hereto.
16. The parties hereto have requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont exigé que cette convention ainsi que tous documents ancillaires soient rédigés en anglais.
THIS AGREEMENT is entered into in the City and District of the GTA, on the date that the Client has indicated its consent to the terms and conditions contained herein.