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 Twenty Dollars($20.00) shall apply on any unpaid balance .Payment for lessons shall be by way of credit card through the CSS website.
6. Clients may re-schedule lessons 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. Client may re-schedule no more than one lesson per session. It is understood that should the Client cancel more than one lesson, then any such cancelled lesson will be considered lost classes and will not be re-scheduled, nor refunded.
7. CSS shall in no way be responsible for the cancellation of lessons 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. Upon cancellation of the session by the CLIENT, reimbursement and cancellation fees shall be implemented according to the Refund Policy below (see Schedule B)
9. The Client hereby acknowledges that he/she and Client's child(ren) shall abide by all safety and Pool regulations , and following the Safety Policies below (see Schedule A) 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.
10. The Client, personally and on behalf of any minor child(ren), hereby assumes all risks relating to the swimming lessons, whether inherent therein or foreseeable or not, and 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 agrees to save CSS and the owner/operator of the Pool harmless from any such claim 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.
11. CSS shall have the right to terminate this contract at any time in the event that Client or his/her child(ren) should fail to respect any of the terms and conditions hereof, including the regulations attached hereto, and this without any claim or recourse by the Client against CSS.
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:
tel: (514) 294-8259
12. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, and the courts of the Province of Quebec, judicial district of Montreal, shall have exclusive jurisdiction with regard to any and all disputes arising from or relating to these presents.
13. 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.
14. 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.
15. 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.
The Client declares that he/she has read the foregoing Agreement and hereby indicates his/her acceptance of all of the terms and conditions contained therein by entering "I Agree to the terms and conditions."
- You may reschedule 1 lesson per session, please advise your instructor at least a day in advance. Same day or additional cancellations will be considered a lost class
- Bring your own towel (pool towels are off limits), goggles are also recommended
- Clients are not permitted to use the hot tubs, saunas, or any services reserved for pool members or guests. This damages our relationship with the pool, be mindful
- Children who are not fully potty trained must wear a swim diaper and rubber pants
- Whenever possible, only 1 parent may accompany each swimmer on pool deck
- Always check your messages before your lesson. Last minute changes do occasionally happen
- Need gear? Visit our Swim Store
- Only registered swimmers may only go in the water during their lesson, and must exit immediately after their lesson. Absolutely no free swim before or after class
- Safety is everyone’s responsibility: Report any unsafe behavior or rule breaches
- Abide by all posted pool rules and keep all pool doors closed
- Never leave your child alone in the pool area at any time & observe all lessons
- Cancellations are subject to 25% cancellation fee once session is underway
- No refunds will be issued after the halfway point of a session
- Modification or cancellation requests must be sent by email to CSS Customer Service (not through your instructor)
- Payments can be made in installments with no fees (please call to set this up)
- If mailing a cheque, please address to Canada Swim School Inc and write the childs full name on the cheque
- Payments made after the due date will have a $20 late payment fee added
- CSS reserves the right to modify or cancel any registration