These terms and conditions (the “Terms”) govern the relationship between you (“You”), your child or ward (the “Child”) and 2256376 Ontario Inc. o/a AquaStream (the “Company”, “we” or “us”) in relation to the provision of the Services (as hereinafter defined) to you by us.
Services. When you request swim instructions services (a “Request”) from us either in person, by telephone or through our website, we reserve the right to accept or reject such request. If we accept your request for swim instruction services, these Terms will govern our relationship with respect to the provision of such swim instruction services (the “Services”).
Scheduling of Services. You may register for an order Services for your Child by telephone or in person at our location (the “Location”). When you register for the Services, you will be required to select a class schedule (a “Session”) from amongst the schedules offered by us. The Session will set out the times for each individual class included in the Session (each a “Class”). Once you have selected a Session, you will only be permitted to modify individual Class times or the Session generally in accordance with these Terms. Each Session is intended for specific age groups and skill levels and your Child will not be permitted to participate in Sessions not intended for their age group or skill level unless otherwise consented to by Aquastream. All Classes will be held at the location communicated to you at the time of registration. Your registration is not complete until we receive full payment of the required Fees and signature of all required documents by you and/or your Child. Aquastream requires a registration fee of $125 (or such other fee as is communicated to you by Aquastream) which will be applied towards the Fees (the “Registration Fee”).
Cancellations and Rescheduling by Customer. No refunds will be permitted for cancellations unless you cancel an entire Session at least twenty (20) days prior to the commencement of the first Class included in such Session. In no event are Registration Fees refundable (except as specifically set forth herein). In order to reschedule a specific Class, you must inform Aquastream in writing at least twenty-four (24) hours in advance of the commencement of such Class (the “Minimum Notice”). Provided that the Minimum Notice is provided in writing (at firstname.lastname@example.org), Aquastream will permit up to two (2) rescheduled classes for each Session (each a “Make Up Class”), subject to availability and these Terms. Aquastream will use its commercially reasonable efforts to provide a Makeup Class but cannot guarantee the availability of the same instructor, time or day. Makeup Classes must be within the original Session and no Makeup Classes will be carried over to future Sessions. In the event that the Minimum Notice is not provided in writing, no makeup Classes will be provided. In the event that a Make Up Class is provided by Aquastream and your Child is not able to or does not attend, you will forfeit your right to further Make Up such Class. Makeup Classes can only be rescheduled if we receive written notice seventy-two (72) hours prior to the start of the Make Up Class. No Makeup Class will be provided unless a Makeup Class is scheduled within three (3) days of cancellation. In the event that a Session has commenced, and you or your Child can no longer attend the Classes in such Session, there will be no refunds and no credits applied to your account, provided, however, that up two (2) Make-Up Classes will be available for such Session in accordance with these Terms.
Cancellations and Rescheduling by Aquastream. In the event that Aquastream must reschedule or cancel a specific Class, it will provide you with as much advance notice of such rescheduling or cancellation as possible. In the event of such cancellation or rescheduling, Aquastream will provide a Make Up Class; within the same Session, subject to availability. In the event that Aquastream is unable to provide a Makeup Class, it will provide a credit in the amount of the Fees attributable to such Class (not including the Registration Fees) which you may use towards a Class in the current or the following Session. In the event that Aquastream provides Makeup Class and your Child is unable to attend, you will forfeit your rights to any further rescheduled Classes on account of the Class rescheduled or canceled by Aquastream. Makeup Classes can only be rescheduled if Aquastream receives written notice seventy-two (72) hours prior to the start of the Make Up Class. In the event that Aquastream cancels an entire Session prior to its commencement, the Fees for such Session will be refunded in full, including Registration Fee.
Fees for Services. Payment of the fees (the “Fees”) for a selected Session Schedule is due in full prior to the commencement of the first Class included in the Session Schedule. If payment is not made in full by the start of the Session, we reserve the right to refuse to provide any Services to you or your Child and remove you or your Child from the Session. No refund or rescheduled Class will be provided in the event that Services are so withheld. The Fee payable for a Session Schedule will be as communicated to you by us via email or in person.
Customer Responsibilities. You acknowledge and agree that in order for your Child to participate in a Class, you or the Child must (as applicable): (i) bring all required equipment communicated to you by us, which shall include, but may not be limited to swimsuits, swim goggles, swimming cap, a towel, slippers or swim shoes and any other equipment communicated to you or your Child by us from time to time; (ii) sign any and all documents which Aquastream requires you to sign, including, but not limited to, a registration form (the “Registration Form”); (iii) arrive at least fifteen (15) minutes prior to the scheduled commencement of the Class; and (iv) abide by (and cause the Child and the Invitees to abide by) the Rules and Regulations. You acknowledge and agree that if you do not bring the required equipment, we may not permit you to participate in a Class and no rescheduled or makeup class will be provided.
Diapers. If your Child is not toilet trained, they are required to wear a reusable swim diaper, which can be purchased from Aquastream or it may purchase outside of Aquastream. All swim diapers must be one-piece without any zippers, Velcro, or straps and must be approved by an Aquastream staff member prior to the Child entering the pool. A non-reusable diaper is not allowed in our swimming pool.
Late Arrivals. Classes will end at their scheduled time and will not be extended in the event that you or your Child arrive for a Class after its scheduled start time.
Termination by Aquastream. Aquastream reserves the right to terminate the Services generally or your participation in the Services specifically if we, in our sole discretion, determine that such termination is in the best interest for you or Aquastream. In the event of any such termination, you will be refunded the amount of the remainder of the session, less Registration Fee, unless an alternative arrangement satisfactory to both parties can be made.
Fire Alarm Procedure. In the event that a fire alarm is sounded at the Location, you, your Child, your Invitees must immediately exit the Location and comply with the instructions of our staff. In the event that you, your Child or your Invitees were responsible for triggering the fire alarm without reasonable cause, you agree and acknowledge that you will be responsible for any and all costs incurred by us in relation to such fire alarm.
Medical Treatment/Emergency. By agreeing to these Terms, you are authorizing us, in the event of you, your Child’s or your Invitees’ medical emergency, to use its reasonable discretion in rendering first aid treatment and/or arranging for emergency medical care (including hospitalization and utilization of qualified third-party care providers), at your sole expense. You must immediately remove your Child from participation in a Class, and notify the nearest Aquastream staff member, if at any time you sense or observe any unusual hazards or unsafe condition or if you feel that your Child has or is likely to experience any deterioration in his/her physical, emotional or mental fitness for continued participation in the Class. You also agree and acknowledge that if Aquastream determines that your or your Child’s health is affecting other swimmers, we reserve the right to terminate your or your Child’s participation in the Class until you have provided Aquastream with medical records and doctor notes confirming that you or your Child is allowed in the pool.
Use of Change Rooms. You agree and acknowledge that (i) we are not responsible for supervising the change rooms and restroom facilities at the Location; and (ii) you, your Child and your Invitees will comply with age and/or gender restrictions applicable to such facilities. No changing of clothes and/or diaper is permitted in areas outside of the change rooms or restroom facilities provided at the Location. Children of the age of four (4) and over are required to use change rooms designated for their gender. You acknowledge that personal belongings are not allowed to be left in the changing areas, and they must be placed in the lockers. Aquastream is not responsible for any lost or stolen items.
Pool Fouling. You acknowledge that (i) if your Child fouls the pool, you are responsible for any expenses incurred by Aquastream due to damages done to Aquastream and the Location; and (ii) you are responsible for any pool fouling charges determined in our sole discretion which will be determined and outlined in the invoice sent to your email.
Damage Done to Location. You acknowledge that if you, your Invitees or your Child causes any damage to the Location because of negligence, you are responsible for any expenses incurred by us to repair such damage which will be outlined in an invoice sent to your email.
Lost and Stolen Items. No personal items are to be left anywhere other than the lockers provided by us or in an area supervised by you or your invitees. Notwithstanding the foregoing, your personal items and possessions and those of your Child and your Invitees are entirely your responsibility and we will not be liable for any lost or stolen items.
Medical Needs. By agreeing to these Terms, you are confirming that any and all of your Child’s relevant medical conditions have been disclosed to us on the Registration Form you submitted to us prior the commencement of the Session and that your Child is physically able to participate in the Classes.
General Rules and Regulations. You agree and acknowledge that you will comply with, cause your Child and Invitees to comply with, and be responsible for your Child’s and your Invitees’ (and any of your or your child’s invitees) compliance with the general rules and regulations of Aquastream as communicated to you from time to time (the “Rules and Regulations”). You acknowledge that Aquastream is a Pool A classified and that we abide by act 565 and that all the health regulations in the city of Vaughn are followed by Aquastream.
Images. By agreeing to these Terms, you are irrevocably granting to us perpetually and exclusively and for all media throughout the world, the right to reproduce, use, exhibit, display broadcast and create derivative works of photography, images, audio recordings, and video recordings taken of me or my child as a result of my child’s participation in the Services or my attendance at the Location (the “Images”). You acknowledge that Aquastream shall have complete ownership of the Images and any intellectual property rights associated therewith, including moral rights (the “IP Rights”) and you acknowledge that neither you nor your Child has any right, title or interest in or to the Images or the IP Rights and you acknowledge that you or your Child will not be compensated for any display sharing or reproduction of the media marketing. To the extent that you or your Child has any right, title or interest in or to the Images or the IP Rights, you (on your own behalf and on behalf of your Child) hereby unconditionally, irrevocably, and perpetually assign and transfer all right, title and interest in and to the Images and the IP Rights to Aquastream.
Method of Payment. All Fees must be paid by cash, cheque or master card, visa or credit card unless we indicate otherwise.
Declined Payments. In the event that a cheque you have provided us is returned due to insufficient funds, you will be required to make payment of the amount of such cheque forthwith, together with an administrative charge of $35.00. In the event that the credit card you have provided for payment of Fees is invalid or is declined for any reason, you must immediately provide an alternative payment method through which such Fees may be paid and shall also pay to us an administrative charge of $15.00.
Tax. You agree and acknowledge that you are responsible for making payment of all applicable sales tax on the Fees.
Invitees. You are responsible for the conduct of those persons you invite to the Location at any time and from time to time (the “Invitees”) and acknowledge that those portions of these Terms applicable to those attending the Location and not participating in a Class shall apply to your Invitees and you will be responsible for ensuring compliance by such invitees with the same.
Release, Limitation of Liability and Indemnity. By agreeing to these Terms, you are agreeing to indemnify, defend, and hold harmless Aquastream its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, licensees, successors and assigns (the “Aquastream Parties”) with which you interact through the Services against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever or any expense, loss or damage of whatever kind (“Claims”) arising out of or based upon (i) any breach of these Terms; (ii) any representation or warranty contained herein and made by you which was or is at any time false; (iii) your Child’s participation in the Services; or (iv) your, your Child’s or your Invitees’ attendance at the Location and indemnify the Aquastream Parties from all such damages, costs, and attorneys’ fees finally awarded in any such Claim against the Aquastream Parties.
You hereby expressly and irrevocably release and forever discharge Aquastream, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns with whom you, your Child or your Invitees interact through Services, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you, your Child or your Invitees ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your or your Child’s participation in the Services or your, the Child’s or the Invitee’s attendance at the Location.
Except as specifically set forth herein, in no event shall Aquastream be liable under contract, tort, strict liability, negligence or other legal theory with respect to Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (the aggregate) of the amounts paid to Aquastream by the party claiming liability in the twelve (12) months immediately preceding the date on which such liability is alleged to have arisen.
Representations and Warranties. By agreeing to these Terms, you are representing and warrantying to Aquastream that (i) you have read and understood these Terms; (ii) you have voluntarily agreed to these Terms on behalf of yourself, the Child and the Invitees; (iii) all information you have provided to Aquastream (including, but not limited to on the Registration Form and/or waiver) is correct and true at all times; (iv) you are the parent and/or legal guardian of the Child and have full legal responsibility for decisions regarding the Child, whose full name and date of birth is indicated correctly on the Registration Form you filled out on the Child’s behalf; and (v) you are fully responsible for ensuring compliance with these Terms by the Child and Invitees.
Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Aquastream in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Aquastream shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Aquastream reasonable control, including, without limitation, mechanical, electronic or communications failure. Aquastream may transfer, assign or delegate the Terms and its rights and obligations without consent.
Survival. Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
Governing Law and Language. These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws applicable therein. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of these Terms.