TERMS AND CONDITIONS
1. The parties agree to the following terms and conditions:
a. Client is engaging New Wave Swim Technique, LLC for swim lessons, competitive swim training, or non-competitive swim training in mobile or non-mobile environments. These coaching services may include fitness and/or nutrition lessons.
b. Swim Training lessons will vary between 30-120 minutes.
c. Head Coach & Team will instruct learners in a particular swim program based on experience and goals. Lessons can include fitness and/or nutrition sessions.
d. Client agrees to sign the Informed Consent and Assumption of Risk and Release of Liability.
e. Client agrees to inform New Wave Swim Technique and Head Coach of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Training Lessons.
2. Training Lessons. Training Lessons may include, but are not limited to, the following activities: testing of physical fitness; Swim training; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Subscription Training Package and Payments. Client is purchasing Full Training rates are: $450-$1000 per month via recurring payments based on 1.5hr/training three times/week for a maximum of twelve times/month.
4. For private sessions in a mobile settings, Client is purchasing a minimum lot size of 5 sessions for $190.00 per session.
5. Learn-To-Swim Sessions. For all mobile and non-mobile training, purchased lessons must be used within 30 days of the determined start date that is stated on billing records.
6. Safety. We want everyone to feel safe while in our care. That's why our certified Swim Coaches, Instructors and Trainers are insured under a multi million dollar insurance policy.
7. Cancellations/Refunds. We understand that we're all human and stuff happens. Our very flexible cancellation policy allows Clients to cancel for any reason up to twenty-four (24) hours before a scheduled lesson.
a. All cancellations will be available as a credit to reschedule and use within 30 days of original cancellation.
b. Failure to provide twenty-four (24) hour notice shall result in Client being charged the full rate for the cancelled/missed Training Lesson(s).
8. Indemnity. Client agrees to indemnify and hold harmless New Wave Swim Technique and its Coach(es)/Trainer(s) for any injuries, illnesses, and the like experienced as the result of Client’s Training Sessions.
9. Termination. New Wave Swim Technique requires a 90-Day committment for all Swim Training classes. If training includes fitness and/or nutrtion coaching, 90-Day committment is due for that as well. After the inital 90-Day period expires, either Party may terminate this agreement with written notice to the other party 30-days prior to new billing cycle.
10. Warranties. While New Wave Swim Technique and its Coach(es)/Trainer(s) fully believe exercise, specifically exercised personalized to Client, is beneficial to Client’s health and wellness, Company and its Coach(es)/Trainer(s) cannot guarantee the results of Training Sessions.
a. Company and its Coach(es)/Trainer(s) make no representations and/or warranties that Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results.
b. Company and its Coach(es)/Trainer(s) strongly may suggest and encourage Client to follow a healthy diet in conjunction with personal training and continued exercise.
11. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Company and Client.
12. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
13. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
14. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
16. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN IT.
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is material to the Personal Training Contract and is incorporated herein by reference.
1. Client certifies that he/she is of adequate physical condition to participate in physical exercise.
2. Client certifies that he/she assumes the risk of physical injury, whether minor, severe, or otherwise.
3. Client certifies that he/she will disclose to Trainer whenever suggested activities cause distress beyond Client’s threshold.
4. Client certifies that he/she will not hold New Wave Swim Technique or its Coach(es) liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.
5. Client certifies that he/she assumes all responsibility for his/her participation in the Training Sessions.
ACKNOWLEDGMENT
I AM IN GOOD PHYSICAL AND MENTAL HEALTH AND DO NOT SUFFER FROM ANY HANDICAPS OR PHYSICAL CONDITIONS THAT COULD CONSTITUTE A DANGER TO MYSELF OR OTHERS AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, AND I ACCEPT TO PARTICIPATE IN THE ACTIVITIES FREELY.
PROMOTIONAL MATERIAL – I acknowledge that pictures and/or video may be taken of me by the Releasees while I participate in the Activities. I give my permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made by the Releasees. I agree that the Releasee has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc., and hereby release the Releasees and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. By signing this waiver I agree to be added to the PlantBased Fitness mailing list of which I can opt-out at any time.
NEW WAVE SWIM TECHNIQUE CULTURE POLICY
Creating a culture, atmosphere, and experience that produces incredible change and inspiration for New Wave Swim Technique Clients will continue to be one of the highest priority at New Wave.
1. It is expected that all members are committed to and help develop this culture.
2. It is expected that you are positive on all fronts.
3. Negative talk about yourself or others will not be tolerated. We change lives with positive, motivating and encouraging words and actions. Negativity is entirely banned from our facility.
4. If at any point you have concerns regarding your New Wave Swim Technique experience please let us know. We will handle the situation as quickly as possible. We welcome and encourage your feedback.
5. We actually care about each of our clients, and we want to help you!
6. It is respectful for you to arrive ten minutes early for your training sessions and be prepared to begin promptly. Schedule changes must be done within, at least, 48 hours before preferred time and cancellations must be done within, at least, 24 hours to determined start time.
7. We promise to be here on time and ready for your scheduled appointment, and we hope that you will do the same.
8. Understand that your Coach/Trainer has your best interest in mind. LISTEN! Follow their recommendations. Rely on their expertise to get you great results.
9. You must understand that it is entirely up to you to put in the work needed to get amazing results. We ask that you follow our Swim Training Coaching with fitness and/or nutrition (if included) plan by: 1) Showing Up, at least 90% of the time for best results and 2) Give 100% effort during all sessions in and out of the water.
10. Our experience has shown that consistency, progression, and priority is the keys to your success. Be consistent with your training and nutrition, always try to get better and make it a priority to get results. If you do these three things, you will be well on your way to success.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.