Parent Policy
Registration: Non-refundable fee of $50 is due when you sign up your child for swim lessons and secure your time-slot. The registration fee does not go towards the tuition of swim lessons themselves.
Payment: For swim lessons are due in full upon registration. You are paying for your child's swim time-slot regardless of how many times you are able to attend swim lessons. If you drop out of lessons before your child's swim start date then only will the tuition be credited back to you in full.
Schedule: It is recommended that you arrive at the pool 10 minutes before your time slot in order to have your child ready for their scheduled time-slot. Due to a very full lesson schedule, your lesson cannot be guaranteed if you are not on time. If it happens that you are late, of course, I will do my best to fit you in, but again it cannot be guaranteed.
Attendance/Cancellation: Consistent participation is crucial. It will increase the rate of progress and retention of skills. Please also keep in mind that missed lessons are not prorated and you pay for all scheduled lessons. *** Instructor cancellations due to pool closures, inclement weather, or an emergency are fully credited back to you or can be rescheduled.
Illness: If your child has an illness/injury that results in an extended absence from lessons, please contact me so arrangements can be made. Lessons will NOT be refunded.
Weather: Unless you receive a call/text/email from me for cancellation, assume lessons will continue. Instructor cancellations due to heavy rain, lightning, or pool closure are fully credited back to you.
Restroom: Please have your child use the restroom before their scheduled time slot.
Swimwear: If your child is not 100% toilet trained they must wear a properly fit REUSABLE SWIM DIAPER. DISPOSABLE DIAPERS DO NOT WORK AND ARE NOT ALLOWED. Protective swim shirts like rash guards are permitted, but no water shoes. Goggles and swim caps are only allowed for advanced swimmers in the Stroke Development course.
Accidents: In a pool from a child who is toilet trained and/or not wearing a properly fit swim diaper that results in pool closure, pool maintenance, and canceled lessons fees that you will be responsible for. The result of the poopy accident includes the fee of pool service, all clients whose swim lessons had to be canceled and refunded.
Diet: Please do not give your child anything to eat or drink at least 2 hours prior to lessons. No one works well on a full stomach and your child will be working hard. It is recommended that you do not feed your child any apples, pineapples, or peaches for the entire duration of lessons. These foods can cause the buildup of gases in the abdomen leading to distention and discomfort to your child. *** Does not apply to Stroke Development students
Crying: It will happen, but this is normal and will subside as he/she gains skills and confidence in the water. Your child is not traumatized! Please do not focus on the tears, only the progress, and with positive verbal cues, the crying will subside more quickly. It is important to understand that your child is NOT crying because they are hurt or in pain. Crying is a way for a child to express their emotions especially when they are in a new environment with an instructor they don't know. Students are challenged physically and cognitively when learning a new life-saving skill. Keep in mind that your child is safe. Just as you would buckle them in a car seat, knowing they are safe despite the fact they are crying. Children who cry during swim lessons still love to play and swim outside of the swim lesson environment.
Talking: Talking to me or your child during lessons is not permitted. The only thing I should ever hear from a parent is clapping, cheering, or words of praise.
Observing: Your child's lesson should be from a short distance away. Do not sit close to the pool edge, on the steps, or where you may be a distraction to your child.
Before/After Lessons: Your child should not be playing on the steps or swimming in the pool anywhere close to where I'm teaching! I do not want any distractions or interference from your child while I continue to teach other students.
Interference: Water experiences outside of swim lessons along with the use of any flotation device can interfere with your child's progress in lessons and is strongly not recommended. Please do not swim and or practice skills with your child until they have completed the swim course. You can inadvertently reinforce and shape in the wrong behavior without even knowing it.
Video/Photography: Permission to video your child's lesson is only allowed on Thursdays.
Questions/Concerns: Due to the scheduled time of lessons please try to refrain from any type of discussion with your instructor before or after lessons that would jeopardize your child's scheduled swim time. Instead, please email or call your instructor at any time.
Video Relsease
Swim Baby Swim Video Release Form
I, ______________________, the parent or legal guardian of ____________________ grant Nicole Raimondi and Swim Baby Swim my permission hereby grant permission to Nicole Raimondi and Swim Baby Swim the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to:
Presentations;
Courses;
Online/Internet Videos;
Media;
News (Press);
Social Media
By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only.
By signing this release, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against Swim Baby Swim.
Parent's Signature_____________________
Date____________________________
Assumption of Risk
Terms, Conditions, and Privacy Policy of Swim Baby Swim
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING SWIMBABYSWIM.COM. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE SWIMBABYSWIM.COM.COM OR SERVICES.
Last Updated: December 23, 2020
Acceptance of Terms
The following terms and conditions govern all use of SwimBabySwim.com and hiring us for our services.
Changes
Swim Baby Swim reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
Swim Baby Swim's current privacy policy is available BELOW (Scroll down to this page to view the Privacy Statement), which is incorporated by this reference. We strongly urge you to review the Privacy Statement.
Proprietary Rights
You agree that all content and materials delivered via the Website or otherwise made available by Swim Baby Swim are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Swim Baby Swim in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
Limitation of Liability
IN NO EVENT SHALL SWIM BABY SWIM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO OUR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Swim Baby Swim, its affiliates and their employees, contractors, officers, directors, and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use of our Services. Swim Baby Swim reserves the right, at its own expense, to assume the exclusive
COVID-19
COVID-19 Liability Waiver
(Please read, fill out, initial, and sign)
My name is _____________________ and I'm signing this waiver for my own safety and for the children who attend Swim Baby Swim lessons which include ___________________________. If I'm not the children's parent, I'm a legal guardian or have been hired by the family and have the authority to sign this waiver on the legal guardian's behalf.
________ I voluntarily hired Swim Baby Swim and will follow all procedures asked of me by Swim Baby Swim to reduce the spread while I attend and the children above attend the swim lessons.
________ I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing of at least 6 feet during all lessons except when handing the children mentioned above to a Swim Baby Swim employee to start the lesson.
________ I further acknowledge that Swim Baby Swim can not guarantee that I or my child will not become infected with the Coronavirus/Covid-19 regardless of every precaution Swim Baby Swim puts in place. I also understand that the location and risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 can not be determined even if it coincides with a time period when Swim Baby Swim performed a lesson for the children, parents, or child spectators in attendance.
________ I further acknowledge that Swim Baby Swim has put in current recommended CDC preventative measures and will do our best efforts to reduce the spread of the Coronavirus/COVID-19 during swim lessons including, but not limited to private one on one swim lessons, wearing a mask when teaching, and check child's temperature before every lesson.
________ I further acknowledge that Swim Baby Swim can not guarantee that I or my child will not become infected with the Coronavirus/Covid-19 and understand they have been exposed outside of swim lessons and the source is indeterminable.
________ I understand no refunds will be given for paid Swim Baby Swim lessons due to a Covid-19 infection, but Swim Baby Swim and all our staff will do our best efforts to reschedule the lessons based on our availability and after any quarantine based on positive tests of any Swim Baby Swim staff or the children taking the lessons.
I attest that to my best knowledge:
* My child is not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* My child has not traveled internationally within the last 14 days.
* My child has not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe my child has been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* My child has not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I understand that this release discharges Swim Baby Swim from any liability or claim that I, my child or children that are enrolled in lessons or attend a swim lesson as a spectator, or any personal representatives may have against the operation with respect to any infection of Covid-19, bodily injury, other illness, death, or expenses from medical treatment, that may arise from, or in connection to, any services received from the Swim Baby Swim, company, the owner Nicole Raimondi, or any contractors or employees that were present at any swim lesson whether at my home or a public facility utilized by Swim Baby Swim.
Name:_________________________________________
Parent or Legal Guardian Signature:________________________________
Date:_______________
Release of Liability (Del Sur)
DEL SUR COMMUNITY ASSOCIATION
INFORMED CONSENT, RELEASE AND WAIVER AGREEMENT Instructor: Nicole Raimondi
Thank you for using the Del Sur Community Association ("Association") recreational facilities. The Association requests your understanding and cooperation in maintaining your safety and the safety of any persons you are responsible for, as well as protecting the Association (i.e., the Del Sur Community Association members) against liability, by carefully reading and signing the following Agreement.
I, ____________________declare that the following Participant(s) _______________________ intends to use the Association's swimming pool to receive swimming lessons. In consideration for being allowed to use the swimming pool for these Lessons, I declare as follows:
1) I understand that THERE IS NO LIFEGUARD ON DUTY at the Association's swimming pool and that every person who uses the swimming pool does so at his or her own risk.
2) I understand that each individual (myself/Participant included) has a different capacity for using the swimming pool. I assume full responsibility for my choice to use, at my own risk, or allow Participant to use, the swimming pool.
3) I accept personal responsibility to always act/ensure Participant always acts in a safe manner and to abide by the rules and regulations of the Association whenever I use/Participant uses the swimming pool.
4) I understand that part of the risk involved in using the swimming pool is relative to the user's fitness or health (physical, mental or emotional) and to the awareness, care and skill used. I acknowledge that my choice to use/to allow Participant to use the swimming pool for Lessons brings with it my assumption of those risks or results stemming from this choice, and the fitness, health, awareness, care and skill that I possess and use/Participant possesses and uses.
5) I understand that different swimming instructors have different levels of health, fitness, training and skill. I further understand that I am solely responsible for evaluating, selecting and contracting with the party that will be providing the Lessons. The Association has no involvement in the evaluation, selection or contracting process and provides no opinion on the qualifications of any Lessons provider.
6) I understand that using the swimming pool for Lessons or any other activity involves risk, including economic loss, health, disabilities or death, and I willfully and voluntarily assume those risks on behalf of myself/Participant. I further agree that I assume all risk of loss attendant upon my/Participant's consumption of alcohol or medications and other substances which might result in impaired judgment and/or coordination, and I agree that I/Participant will refrain from physical activities in and around the pool facility at any time I Have/Participant has ingested such substances.
7) I declare myself/Participant to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent me/Participant from safely using the swimming pool for Lessons.
8) I understand that I have been strongly advised to obtain my/Participant's doctor's approval before participating in any activities, especially any exercise, aerobics or fitness activities. I also acknowledge that I have been strongly advised to obtain yearly or more frequent physical examinations and to review with my/Participant's doctor the activities that are best suited to me/Participant.
9) I understand that my decision to use/allow Participants to use the swimming pool for Lessons is voluntary. The Association does not have the expertise or resources to review and evaluate and is not responsible for reviewing and evaluating, my decision to use/allow Participant to use the swimming pool, my choice of a Lessons provider, or the qualifications and skill of the provider. I acknowledge that I have/Participant has either had a physical examination and been given physician's approval to use the swimming pool, or I have elected to participate/allow Participant to participate in Lessons without the approval of my/Participant's doctor and hereby assume all risk and responsibility for my/Participant's participation in any and all related events and/or activities.
10) I expressly acknowledge that the Association's swimming pool is for the non-exclusive use of all Del Sur residents and their guests and that my/Participant's use of the swimming pool for Lessons does not entitle me/Participant and/or the Lessons provider to prevent or hinder others from using the swimming pool at any time, including times when the Lessons are being performed. Further, I agree that I/Participant and the Lessons provider will show consideration for other swimming pool users and will not engage in any activity that directly or indirectly prevents or significantly hinders others from using the swimming pool.
11) I understand that using the swimming pool for Lessons may involve risk to third parties, including economic loss, health, disabilities or death, and I willfully and voluntarily assume liability on behalf of myself/Participant for any injury or death to third parties connected with, caused by or resulting in any way from the Lessons to the extent the Lessons provider and/or his/her/its insurance carrier does not assume liability.
12) I agree that I will only utilize a Lessons provider who maintains liability insurance for the services provided. I further agree that I will ensure Black Mountain Ranch LLC and Del Sur Community Association are named as additionally insured under the Lessons provider's policy and that a copy of the policy evidencing the same is provided to the Association along with the Lessons provider's name and contact information prior to any Lessons.
13) I agree to immediately inform a representative of the Association and to stop using/have Participant stop using the swimming pool if I/Participant or Lessons provider observe any unsafe condition, and to call 911 if I experience/Participant experiences any pain, discomfort or other symptoms that I/Participant may suffer during or after using the swimming pool.
14) I agree to immediately cease/have Participant and have Lessons provider immediately cease using the swimming pool any time Association's pool maintenance vendor or any other Association agent or representative notifies me/Participant that for maintenance, safety or other reasons, the swimming pool cannot be used. I further agree to only resume use/allow Participant and Lessons provider to resume use of the swimming pool once Association's pool maintenance vendor or other Association agent or representative notifies me/Participant that the swimming pool is reopened for use.
15) I understand that in the course of, or in connection with the Lessons, the Lessons provider may have me/Participant use a personal floatation device ("Safety Device"). I assume full responsibility for the use of the Safety Device. I have carefully read and agree to strictly comply with the instructions for using the Safety Device.
16) I understand that by signing this document, I am acknowledging and accepting full responsibility for my/Participant's and Lessons provider's use of the swimming pool for the Lessons and the use of any Safety Device.
Release of Liability Continued (Del Sur)
17) By signing this document, I acknowledge that I have voluntarily chosen to participate in/allow Participant to participate in the activities described herein. In exchange for and in consideration of being allowed to participate in the activities described herein, I assume all risk for my/Participant's and Lessons provider's health and, on behalf of myself, Participant, our heirs, beneficiaries, dependents and personal representatives, release, waive, discharge and hold harmless the Association, all of its affiliated corporations and their respective directors, officers, employees and agents from any and all liability to me, Participant and/or my and Participant's family, heirs and assigns, as a result of any injury or death arising from or related to my/Participant's participation in the events and/or activities, even if said injury or death arose from the passive or active negligence of the released persons and entities. For myself, Participant and our heirs, successors and assigns, I ALSO COVENANT NOT TO SUE THE SAID PERSONS OR ENTITIES FOR ANY CLAIM ARISING FROM SUCH INJURY OR DEATH.
18) By signing this document, I expressly agree to defend and indemnify the Association, all of its affiliated corporations and their respective directors, officers, employees and agents against any third party claims of damage, injury, economic loss or death arising from or related to the Lessons, the use of a Safety Device, and/or my/Participant's participation in the events and/or activities, even if said damage, injury or death arose from the passive or active negligence of the released persons and entities.
19) I RECOGNIZE AND EXPRESSLY ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ALSO WAIVING THE RIGHT OF PARTICIPANT AND OTHERS TO SUE OR OTHERWISE PURSUE ANY CLAIM AGAINST ASSOCIATION AND ITS AFFILIATED CORPORATIONS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIM ARISING FROM PARTICIPANT'S INJURY OR DEATH. I AGREE TO DEFEND AND INDEMNIFY THE ASSOCIATION, ALL OF ITS AFFILIATED CORPORATIONS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, IN THE EVENT PARTICIPANT OR ANY OTHER PARTY OR PARTIES SUES OR OTHERWISE SEEKS RECOVERY FOR ANY CLAIM ARISING FROM SUCH INJURY OR DEATH.
I declare that the terms of this Informed Consent Agreement have been completely read and are fully understood by me, and that if desired I have had the opportunity to consult with an attorney prior to executing it. I am freely and voluntarily executing this Informed Consent, Release and Waiver for the purpose of making a full and final compromise and settlement of any and all claims, disputed or otherwise, related to the activities described above.
Date: Name of Resident: ___________________________________________
Signature: _____________________________________ Member/Resident Del Sur Address: _______________________________Resident Phone Number: ___________________________ Resident Email: ____________________________ Instructor: Nicole Raimondi Instructor's Phone Number: 1-855-796-2229 Instructor's Email Address: Nicole@swimbabyswim.com
Release of Liability (The Crosby)
The Crosby at Rancho Santa Fe
Waiver & Release Form
Release waiver of Liability
I confirm that the participant(s) has no disability, impairment, or ailment preventing him/her in engaging in active or passive exercise that will be detrimental or adverse to his/her health, safety, or physical condition. I understand that The Crosby Club is not responsible for participant(s) actions and if a participant is in doubt about any pact of his/her fitness activity, participant will consult his/her physician. I assume full responsibility and shall indemnify The Crosby Club its owners, agents, officers, and employees against any and all legal and financial liability incurred by them in connection with participant's activities involved in the program.
I understand & consent to allow the participant to leave the premises of the Crosby for the purposes of participating in swim lessons and or to receive medical care. Furthermore, I authorize the staff or independent contractors of the Crosby to act as agents for the participant and may order any medical care deemed advisable by the paramedics, physician office, or hospital.
I have read and understand the preceding waiver and agree to assume the responsibility for the programs and services undertaken while participating at the Crosby Club at Rancho Santa Fe. I am authorized to make this decision on behalf of the participant.
Parent/ Guardian Signature
_________________________________________
Event (IE: swim, ect) _______________________ Date Range ________________ Participant's Name______________________
Age_______ DOB___________
Guardian Name _____________________________________
Guardian Phone (_______)________________
For additional Participants Only
Participant 2's Name______________________ Age_______ DOB___________
Participant 3's Name______________________ Age_______ DOB___________
Participant 4's Name______________________ Age_______ DOB___________
Release of Liability (Carlsbad)
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
I am the legal guardian of _________________________ who is/are also listed on the enrollment form for this event or series of events with Swim Baby Swim. I hereby give permission for my child or children to participate in Swim Baby Swim lessons held at 2720 Llama Court. Carlsbad CA, 92009. My child or children are voluntarily participating in the Swim Baby Swim lessons. I agree that if I participate in the Swim Baby Swim lessons and/or allow my minor child or children to participate, I do so at my own risk. I expressly assume all risks involved in or arising from my participation or my child or children's participation in the Swim Baby Swim lessons, including without limitation, risk of death, bodily injury, slips, falls, improper or negligent maintenance, instruction, supervision, or other conduct, property damage, equipment defects, equipment failure, the unavailability of emergency medical care, loss or theft of personal property, and the negligent or deliberate acts of another person. I agree on behalf of myself, my minor child or children, my spouse, and my dependents, employees, agents, partners, affiliates, successors and assigns, to RELEASE AND DISCHARGE AND AGREE NOT TO SUE Nicole Raimondi, Samuel Willoughby, Jessica Willoughby, and their respective spouses, dependents, directors, officers, employees, agents, partners, affiliates, subsidiaries, franchisees, successors, and assigns, and each of them, from any and all liabilities, claims, debts, demands, damages, causes of action, controversies, and rights (accrued, contingent, inchoate, known, unknown or otherwise) whether at law or in equity, which I, or my successors and assign, have or may have, jointly or individually, against Nicole Raimondi, Samuel Willoughby, Jessica Willoughby and any or all of their respective above mentioned successors, including without limitation, any matter, claim, or cause of action in connection with or in any way related to the event (Swim Baby Swim lessons).
I hereby waive all protection afforded to my by California Civil Code Section 1542 which states that A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
I acknowledge that I carefully read this Release of Liability and Assumption of Risk and understand that I am fully releasing Nicole Raimondi, Samuel Willoughby, Jessica Willoughby, and their above-mentioned successors of all liability and that I am waiving my right to bring any legal action against them. This Release of Liability and Assumption of Risk shall be governed by the laws of the State of California. READ CAREFULLY BEFORE SIGNING.
