Policies, Terms, and Conditions
Life happens! We understand that most students will miss one or two lessons over the course of a
quarter. There is enough refresher work built into our lessons that students typically can keep up if they
miss a couple. However, we DO NOT offer make-up lessons, but WE DO offer free FOSS Family Swims
and homework. If your student misses a lesson, let us know and your teacher will provide some
homework tips to help keep your student on their swim path.
If you find you’re unable to make multiple lessons let us know if another time would work better. If
possible, we’ll try and find a class that fits your schedule. If a student misses more than 20% of
scheduled lessons, they won’t be eligible for our Swimmers Guaranteed ® program.
These Policies, Terms and Conditions apply to fossswimschool.com and all associated sites owned, operated, or maintained by FOSS Swim School, as well as enrollments and transactions made in-person or over the phone. BY USING THE FOSS SWIM SCHOOL WEBSITE AND/OR ENROLLING AND/OR SWIMMING WITH US YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ENROLL OR SWIM WITH US OR USE THE FOSS SWIM SCHOOL WEBSITE.
FOSS Swim School reserves the right, in its sole discretion, to change, modify or remove portions of these Policies, Terms and Conditions, at any time. It is your responsibility to check these Policies, Terms and Conditions periodically for changes. Your continued use of the FOSS Swim School website, purchases and/or swimming with us following the posting of changes will mean that you accept and agree to changes.
We do not share e-mail or personal information with any third parties or affiliated organizations.
Complete Privacy Policy (PDF)
If you cancel your enrollment more than 14 days before the start of your first lesson, you will not be charged a cancellation fee, and you will receive a credit to your FOSS Family Account or you may request a refund of your full tuition.
If you cancel your enrollment within 2-14 days before the start of your first lesson, you will not be charged a cancellation fee, and you will receive a credit of your full tuition to your FOSS Family Account.
If you cancel your enrollment less than 2 days before the start of your first lesson, you will be charged a cancellation fee in the amount of one lesson, and you will receive a credit of your remaining tuition to your FOSS Family Account.
If you cancel your enrollment after the start of your first lesson, you will be charged for any lessons that have occurred (regardless of attendance) and a cancellation fee in the amount of one lesson, and you will receive a credit of your remaining tuition to your FOSS Family Account.
If FOSS Swim School has been ordered to close or otherwise stop providing swim lessons or programs by a public health official or other government authority, you will receive a credit for any cancelled lessons to your FOSS Family Account.
A CREDIT WILL BE ISSUED TO YOUR FOSS FAMILY ACCOUNT FOR CANCELLED LESSONS. NO CASH/CREDIT CARD REFUNDS WILL BE PROCESSED UNLESS NOTED IN THE TERMS AND CONDITIONS. TUITION PAID VIA GIFT CARD WILL BE PROCESSED BACK TO A GIFT CARD.
PLEASE REFERENCE THE FOSS SWIM SCHOOL PAID LESSON CREDIT PROGRAM FOR DETAILS. (Available lower on this page)
The New Family Fee is a one-time fee charged to each family when first enrolling in FOSS Swim School swim lessons. This fee is not refundable, including if you cancel your enrollment before completing all lessons. When your family returns to FOSS Swim School, you will not be charged this fee a second time.
We reserve the right to cancel any class in our sole discretion. If FOSS Swim School cancels a class, then FOSS Swim School will offer alternative day and time option(s) for your student or provide a credit to your Family Account or a refund upon request.
AGREEMENT BETWEEN USER AND FOSS SWIM SCHOOL
FOSS Swim School and owns, operates, and maintains fossswimschool.com and related websites (the “FOSS Websites”). The FOSS Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FOSS Websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular FOSS Website may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”).
Additionally, the FOSS Websites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). If any of the terms, conditions, and notices contained on any FOSS Website conflict with the Additional Terms or other terms and guidelines contained within any particular FOSS Website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS FOSS WEBSITES.
By accessing or using the FOSS Websites, you agree to these terms of use, conditions, and all applicable laws. If you do not agree to these terms, you may not use the FOSS Websites.
MODIFICATION OF THESE TERMS OF USE
FOSS Swim School reserves the right to change the terms, conditions, and notices under which the FOSS Websites are offered, including the charges associated with the use of the FOSS Websites. You are responsible for regularly reviewing these terms and conditions.
USE OF FOSS WEBSITE, PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the FOSS Websites are for your personal and noncommercial use only.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the FOSS Websites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the FOSS Websites solely for your own noncommercial use, or to place an order with FOSS Swim School or to purchase FOSS Swim School products. Any other use of materials on the FOSS Websites, including the modification, reproduction, distribution, republication, display, or transmission of the content of any FOSS Website, without prior written permission of FOSS Swim School is strictly prohibited.
Harassment in any manner or form on the FOSS Websites, including via email and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an employee, host, or representative of FOSS Swim School or other members or visitors on the FOSS Websites is prohibited.
You may not upload to, distribute, or otherwise publish through the FOSS Websites any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You may not upload commercial content on the FOSS Websites or use the FOSS Websites to solicit others to join or become members of any other commercial online service or other organization.
The entire content included on the FOSS Websites, including text, design, graphics, interfaces, or code and the selection and arrangements thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FOSS Swim School. The collective work includes works that are licensed to FOSS Swim School. Copyright (years active, i.e. 2009-2010). ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to FOSS Swim School, or other respective owners that have granted FOSS Swim School the right and license to use the Marks.
Payment and billing information is transmitted securely via TLS 1.2, secured by a 2048-bit certificate signed by GlobalSign, and meets all current and proposed Payment Card Industry (PCI) standards and recommendations up to and including PCI Requirements and Security Assessment Procedures Version 3.1 (April 2015). Billing information, such as customer billing information, credit card information, or other payment information is used only to validate and authenticate payments and payment authorizations and is neither stored nor maintained after a payment has been authenticated.
I, the parent, or legal guardian of a participant in swim lessons or programs at FOSS Swim School (the “Participant”), understand and agree that swimming is a hazardous activity, and recognize that there are risks inherent in swimming, including paralyzing injuries, brain injuries and death. I confirm that, to the best of my knowledge, the Participant has no medical, physical, mental, or emotional health condition that would hinder or prevent his/her active participation in swim lessons or programs at FOSS Swim School.
With the full understanding of the facts, I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained as a result of the Participant’s participation in swim lessons or programs at FOSS Swim School. In addition, I – individually and on behalf of the Participant and any other legal guardian of the Participant – hereby release, waive and discharge Foss Holdings, LLC and its affiliates and subsidiaries, and its and their respective members, shareholders, managers, directors, officers, employees, agents and representatives (the “Released Parties”) from any and all loss, liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or personal injury, including illness or death, that may occur as a result of any and all acts of active or passive negligence on the part of the Released Parties in connection with or relating to the Participant’s participation in swim lessons or programs at FOSS Swim School, including on account of first-aid treatment, emergency medical services or other services rendered to me or the Participant during the Participant’s participation in swim lessons or programs at FOSS Swim School.
I – individually and on behalf of the Participant and any other legal guardian of the Participant –
also agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, claims, demands, actions and causes of action whatsoever arising out of or related to the Participant’s participation in swim lessons or programs at FOSS Swim School.
I – individually and on behalf of the Participant and any other legal guardian of the Participant –further agree that it is the intent that the foregoing release be binding on the members of my family, my spouse, any other legal guardian, and my/their respective heirs, assignees and personal representatives, and any person claiming through or under any of the foregoing persons.
Obligation to Disclose Communicable Disease, Release, Disclaimer, and Waiver of Liability
Through each attendance at a swim lesson or other program at FOSS Swim School, I affirm that I have not had, no member of my household has had, and neither the Participant nor any member of his/her household has had, in the past 14 days, any symptoms known to be indicative of or has been infected with any communicable disease, including but not limited to, COVID-19 (including any variants), influenza, pneumonia, measles, chickenpox, monkeypox, and cryptosporidium. If any symptoms arise in any of the foregoing people that are associated with a communicable disease, I – individually and on behalf of the Participant and any other legal guardian of the Participant – agree to notify FOSS Swim School, and I understand that the Participant will not be permitted to participate in swim lessons or programs at FOSS Swim School until such symptoms fully resolve and any isolation period recommended by any applicable federal, state, or local agency has ended.
In addition to and without limiting the release provided above, I – individually and on behalf of the Participant and any other legal guardian of the Participant – hereby expressly release, waive, and discharge the Released Parties from any and all loss, liability, claims, demands, actions and causes of action whatsoever that arise from the active or passive negligence of the Released Parties and which results in the infection of a communicable disease by me, any other legal guardian, the Participant, my or another legal guardian’s spouse, any member of my family, any member of other legal guardian’s family, or the Participant’s family during or as a result of swim lessons or programs at FOSS Swim School.
I – individually and on behalf of the Participant and any other legal guardian of the Participant –further agree that it is the intent that the foregoing release be binding on the members of my family, my spouse, any other legal guardian, and my/their respective heirs, assignees and personal representatives, and any person claiming through or under any of the foregoing persons.
Consent for Emergency Medical Treatment
In the event of a medical emergency, I hereby grant authorization to FOSS Swim School and its management, employees, agents, and representatives to employ any licensed physician or healthcare facility and to direct and/or order emergency medical treatment for the Participant. I agree that no Released Party shall be liable under any circumstance to me, my spouse, any member of my family, the Participant or member of his/her family or the legal guardian of the Participant if the foregoing authority is exercised in the event of a medical emergency.
Reservation of Rights
FOSS Swim School reserves the right in its sole discretion to cancel a Participant’s enrollment in, or otherwise refuse to provide any Participant with, swim lessons or programs at FOSS Swim School, including if FOSS Swim School determines that a Participant’s behavior is unreasonably disruptive or if a Participant poses a risk to the safety of other Participants. If FOSS Swim School cancels a Participant’s enrollment in swim lessons or programs, then FOSS Swim School will provide a refund for any then-remaining tuition.
The FOSS Swim School Paid Lesson Credit Program (the “Lesson Credit Program”) is designed to allow our customers to receive a lesson credit(s) for classes cancelled by FOSS Swim School through no fault of the customer or when a credit is applied by the FOSS Swim School staff for special circumstances. In such cases, FOSS Swim School will issue a credit to your FOSS Family Account in the amount previously paid for the missed lesson, which credit can be applied against a future session and/or camp. Please note: all credits have a 150-day expiration date, so please make sure to use your lesson credit promptly. Visit www.fossswimschool.com to find a location near you and to learn more about FOSS Swim School services and policies.
By participating in the Lesson Credit Program, you agree to the following terms and conditions (the “Lesson Credit Terms”). Your participation in the Lesson Credit Program is conditioned on your acceptance of the Lesson Credit Terms. Participation in the Lesson Credit Program constitutes each customer’s full and unconditional agreement to the Lesson Credit Terms and all terms incorporated by reference.
If you have a pre-existing account and/or pre-existing credits, this updated policy now governs this existing account and credits.
Sponsor: The Lesson Credit Program is operated by Foss Holdings, LLC and/or its subsidiaries and affiliated companies.
Participation:
The Lesson Credit Program is not targeted towards, nor intended for use by, anyone under the age of majority in their state of residence. Any FOSS Swim School customer who is at least the age of majority or older may apply to participate in the Lesson Credit Program by creating an online account through the website at www.fossswimschool.com, which will automatically enroll you in the Lesson Credit Program. Customers with pre-existing accounts will be automatically enrolled in the Lesson Credit Program unless they contact FOSS Swim School and request not to be enrolled. In all cases, a valid email address is required for the account, in addition to first name, last name, phone number, and any other information requested. Accounts are subject to acceptance by FOSS Swim School. FOSS Swim School is not responsible for any disruption of the Lesson Credit Program or interruption in account or credit availability caused by incorrect customer information.
There are no fees required or associated with enrolling and participating in the Lesson Credit Program.
To verify the availability of any credits, simply access your account information.
Your participation in the Lesson Credit Program and your account are personal to you and may not be sold, transferred, or assigned to, or shared with others. You may have only one Lesson Credit Program account, and FOSS Swim School reserves the right to terminate your account and/or your participation in the Lesson Credit Program if FOSS Swim School determines in its sole discretion that you have violated the Lesson Credit Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Ownership of a disputed account will be settled in favor of the authorized account holder listed for the email address used to enroll in the Lesson Credit Program.
By participating in the Lesson Credit Program, you agree to receive account information and promotional information from FOSS Swim School until such time you unsubscribe to FOSS Swim School emails.
Participation in the Lesson Credit Program and use of credits are intended for personal use only and shall not be marketed, re-sold, or leveraged for commercial gain by the customer.
FOSS Swim School reserves the right to immediately cancel any account and any corresponding credits if it believes in its sole discretion that the customer has violated any provision of the Lesson Credit Terms.
Credits:
Credits will be awarded to the individual who pays for a product or service rather than the person who might receive the actual service. FOSS Swim School has no obligation to credit a customer’s account based solely on proof of a purchase if FOSS Swim School is not able to verify the actual purchaser of the corresponding product or service.
Credits for cancelled lessons will automatically be deposited in your account (assuming the account is valid and verifiable), following FOSS Swim School’s processing of cancellations. Cancellations that occurred before enrollment in the Lesson Credit Program will not be eligible for any lesson credit(s).
If FOSS Swim School did not receive payment for a transaction that would otherwise result in credits or payment was otherwise stopped or invalidated, then FOSS Swim School will not issue any credits.
The accumulation of credits does not entitle customers to any vested rights with respect to credits or Lesson Credit Program benefits.
Eligible purchases and credits reflected in FOSS Swim School records shall be deemed correct and FOSS Swim School reserves the right to determine the credits to be awarded to eligible accounts and to correct or modify the credits at any time based on FOSS Swim School’s records and calculation of account information.
Each customer is responsible for ensuring that the information in his/her account is accurate and current.
Credits have no cash value and are not transferrable, exchangeable, returnable, refundable, or redeemable for cash.
Credits are not transferable and may not be offered for sale and are void upon any attempts to transfer, sell, or exchange for cash or other consideration or if received or used in violation of the Lesson Credit Terms.
Credits may change or be withdrawn at any time subject to FOSS Swim School’s sole discretion.
Credit Expiration:
Standard credits will expire 150 days after the date of issuance, and credits provided in response to a medical emergency will expire 365 days after the date of issuance. Please check your account for actual deadline dates. Once a credit expires, the customer shall have no other right or claim associated with the cancelled lesson, or the amount paid for the cancelled lesson.
Credits may be applied to a future session and/or camp by the customer on the date of registration for those classes/camps.
Privacy:
Any information collected in connection with the Lesson Credit Program will be used as needed to facilitate participation in the Lesson Credit Program.
Information will also be used in compliance with the FOSS Swim School Privacy Policy found at www.fossswimschool.com/terms-conditions/.
Modification and Termination of the Lesson Credit Program:
FOSS Swim School reserves the right to terminate, cancel, modify or restrict any of the Lesson Credit Terms and any related policy or guideline related thereto, including the methods through which credits can be earned and used, the value of credits, the qualifying services and/or products offered, the conversion rates between credits and amounts paid, and the conditions under which credits may be forfeited – at any time, with or without notice, even though these changes may affect a customer’s ability to use a pre-existing credit. Any changes or modifications will be effective immediately upon posting the revisions to the Lesson Credit Program website, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Lesson Credit Program confirms your acceptance of the Lesson Credit Terms and any such changes or modifications, so you should review the Lesson Credit Terms and applicable policies frequently. If you do not agree to any portion of the then-current Lesson Credit Terms, you must stop participating in the Lesson Credit Program.
Customers are responsible for remaining knowledgeable as to any changes that FOSS Swim School may make to the Lesson Credit Terms. The most current version of the Lesson Credit Terms will be available on the FOSS Swim School website and will supersede all previous versions of the Lesson Credit Terms.
The Lesson Credit Program has no predetermined termination date and may continue until such time that FOSS Swim School decides to terminate the Lesson Credit Program. FOSS Swim School may terminate the Lesson Credit Program at any time. Upon termination, customers may or may not, at FOSS Swim School’s sole discretion, have a designated period of time from the date of Lesson Credit Program termination to use accrued credits. Otherwise, any credits remaining in a customer’s account at time of termination will be forfeited.
FOSS Swim School reserves the right to terminate the account of any customer who uses the Lesson Credit Program in a manner inconsistent with the Lesson Credit Terms or any federal, state, provincial, territorial, or local laws, statutes, by-laws, guidelines, or ordinances, which may result in the loss of all credits and privileges.
Any attempt by any person to undermine the legitimate operation of the Lesson Credit Program may be a violation of criminal and civil law, and should such an attempt be made, FOSS Swim School reserves the right to seek damages from any such person to the fullest extent permitted by law. FOSS Swim School’s failure to enforce any of the Lesson Credit Terms shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding eligibility for the Lesson Credit Program, the earning, use, or conversion of credits, or a customer’s compliance with the Lesson Credit Terms will be resolved by FOSS Swim School in its sole discretion.
Limitation of Liability/Disputes:
By participating in the Lesson Credit Program, each customer accepts all responsibility for, and hereby indemnifies and holds harmless Foss Holdings, LLC and its affiliates and subsidiaries, and its and their respective officers, directors, employees, franchisees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such customer, participation in the Lesson Credit Program, acceptance or use of any credits or services, misuse of the Lesson Credit Program by customer or others, and any unauthorized access to customer’s account by a third party.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LESSON CREDIT PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A CUSTOMER PROVES THAT FOSS SWIM SCHOOL HAS IMPROPERLY DENIED THAT CUSTOMER ANY CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF CREDITS. BY PARTICIPATING IN THE LESSON CREDIT PROGRAM, A CUSTOMER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
The Lesson Credit Terms are governed by and interpreted under the laws of the state of Minnesota with exclusive venue and jurisdiction in the state and federal courts located in the state of Minnesota. By participating in the Lesson Credit Program, each Customer irrevocably consents to the personal jurisdiction of said courts and waives any claim of forum non conveniens or lack of personal jurisdiction they may have. In addition, any dispute relating to the Lesson Credit Program (including the Lesson Credit Terms) shall be brought individually, and without resort to class action.
If any provision of the Lesson Credit Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Lesson Credit Terms, which will otherwise remain in full force and effect. The Lesson Credit Program is void where prohibited or restricted by law.
I hereby grant to Foss Swim School and its affiliates, agents, and assigns (collectively “Operator”) permission (1) to use, reuse, publish, republish and copyright me or my family member’s picture and/or voice and/or my name or my family member’s name and comments in any medium (including photographs, films, and tapes), (2) to edit these recordings at the discretion of Operator, (3) to incorporate these recordings into videotapes or digital recordings, (4) to use, or license others to use, such recordings and videotapes, including unrestricted use for purposes of publicity, advertising, and sales promotion, and (5) to use my name or my family member’s, likeness, voice, and biographic or other information in connection therewith, in any media now or hereafter known for illustration, promotion, art, advertising, trade or any other purpose whatsoever. I also consent to the use of any printed matter in conjunction or substitution therewith. I waive any right that I may have to inspect or approve the finished product, advertising copy or other materials that may be used in connection therewith. I represent and warrant that any statements made by me are true, to the best of my knowledge, and they will not violate or infringe upon the rights of any third parties.
I further acknowledge that there were no promises of compensation for such use by Operator, or by anyone associated with Operator, and that Operator exclusively owns all rights to these recordings irrespective of the form in which they are produced or used.
I and my family members release, discharge and save harmless Operator and their employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, legal advisors and advertising, promotion and fulfillment agencies from any and all losses, damages, rights, claims and actions of any kind with respect to use of my name, likeness, statements, voice or representations or reproductions thereof, including claims based on publicity rights, copyright infringement, defamation or invasion of privacy. I release, discharge, and agree to save harmless, Operator from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur in the taking of photographic portraits, pictures, or videos, or in any subsequent processing or publication.
I hereby warrant that I am of full age and have the right to contract in my own name and for that of my family. I have read the above Publicity Release, and I am fully familiar with its contents. This Publicity Release shall be binding upon me, my heirs, legal representatives, and assigns.
Overview:
The Foss Swim School “Swimmers Guaranteed” Program (the “Swimmers Guaranteed Program”) allows a student to receive complimentary swim lessons if the student has not progressed to a higher level of instruction after three consecutive quarters of instruction at the same level of instruction, as long as the attendance requirements described below have been met. Under the Swimmers Guaranteed Program, if (1) a student has completed their third consecutive quarter at the same level of instruction and (2) that student has attended at least 80% of scheduled classes during those three quarters, then that student may continue to enroll in swim classes at that same level of instruction for additional consecutive quarters at no cost until the student advances to the next level of instruction.
Except in the case of medical emergency, complimentary swim lessons under the Swimmers Guaranteed Program may only be used in the first quarter after the student completes their third consecutive quarter in the same level of instruction, and in any succeeding quarters, until the student advances to the next level of instruction. Upon a student’s advancement to the next level of instruction, the student will be charged the then-current rates for swim classes at that next level.
By participating in the Swimmers Guaranteed Program, you agree to these terms and conditions (the “Swimmers Guaranteed Terms”). In addition, your participation in the Swimmers Guaranteed Program is conditioned on your acceptance of the Swimmers Guaranteed Terms. Participation in the Swimmers Guaranteed Program constitutes each customer’s full and unconditional agreement to the Swimmers Guaranteed Terms and all terms incorporated by reference.
This Swimmers Guaranteed Program is operated by Foss Holdings, LLC and/or its subsidiaries and affiliated companies.
FOSS Swim School has no obligation to credit a customer’s account or otherwise provide a refund for any classes purchased based on a student’s failure to advance to a higher level. In addition, benefits under the Swimmers Guaranteed Program have no cash value and are not transferrable, exchangeable, returnable, refundable, or redeemable for cash.
Participation:
Participation in the Swimmers Guaranteed Program is limited to students enrolled in weekly lessons in FOSS Swim School’s Learn to Swim program. Students enrolled in private lessons or FOSS Swim School’s Backfloat Baby program, Swim Stronger program or Swim Faster program are not eligible to participate in the Swimmers Guaranteed Program.
There are no fees required or associated with enrolling and participating in the Swimmers Guaranteed Program.
Your participation in the Swimmers Guaranteed Program is personal to you. In addition, neither your participation in the Swimmers Guaranteed Program nor any benefits under the Swimmers Guaranteed Program may be sold, transferred, or assigned to, or shared with others. FOSS Swim School reserves the right to terminate your participation in the Swimmers Guaranteed Program if FOSS Swim School determines in its sole discretion that you have violated the Swimmers Guaranteed Terms.
By participating in the Swimmers Guaranteed Program, you agree to receive information and promotional information from FOSS Swim School until you unsubscribe from FOSS Swim School emails.
Participation in the Swimmers Guaranteed Program is intended for personal use only and shall not be marketed, re-sold, or leveraged for commercial gain by the customer.
Privacy:
Any information collected in connection with the Swimmers Guaranteed Program will be used as needed to facilitate participation in the Swimmers Guaranteed Program.
Information will also be used in compliance with the FOSS Swim School Privacy Policy found at www.fossswimschool.com/terms-conditions/.
Modification and Termination of the Swimmers Guaranteed Program:
FOSS Swim School reserves the right to terminate, cancel, modify, or restrict any of the Swimmers Guaranteed Terms and any related policy or guideline related hereto at any time, with or without notice. Any changes or modifications will be effective upon posting the revisions to the FOSS Swim School website, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Swimmers Guaranteed Program confirms your acceptance of the Swimmers Guaranteed Terms and any such changes or modifications, so you should review the Swimmers Guaranteed Terms and applicable policies frequently. If you do not agree to any portion of the Swimmers Guaranteed Terms, you must stop participating in the Swimmers Guaranteed Program.
Customers are responsible for remaining knowledgeable as to any changes that FOSS Swim School may make to the Swimmers Guaranteed Terms. The most current version of the Swimmers Guaranteed Terms will be available on the FOSS Swim School website, which will supersede all previous versions of the Swimmers Guaranteed Terms.
The Swimmers Guaranteed Program has no predetermined termination date and may continue until such time that FOSS Swim School decides to terminate the Swimmers Guaranteed Program. FOSS Swim School may terminate the Swimmers Guaranteed Program at any time in its sole discretion. Upon any termination of the Swimmers Guaranteed Program, customers enrolled in a complimentary swim class under this Swimmers Guaranteed Program may or may not, at FOSS Swim School’s sole discretion, be allowed to continue in that class through the end of the then-current quarter. If a student enrolls in any classes after the end of the quarter in which the Swimmers Guaranteed Program is terminated, then the student will be charged the then-current rates for those classes.
Any attempt by any person to undermine the legitimate operation of the Swimmers Guaranteed Program may be in violation of criminal and civil law, and should such an attempt be made, FOSS Swim School reserves the right to seek damages from any such person to the fullest extent permitted by law. FOSS Swim School’s failure to enforce any of the Swimmers Guaranteed Terms shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding eligibility for the Swimmers Guaranteed Program, including the eligibility for complimentary swim classes and a customer’s compliance with the Swimmers Guaranteed Terms, will be resolved by FOSS Swim School in its sole discretion.
Limitation of Liability/Disputes:
By participating in the Swimmers Guaranteed Program, each customer accepts all responsibility for, and hereby agrees to indemnify and hold harmless FOSS Swim School, its affiliates and its and their respective officers, directors, employees, franchisees, shareholders, agents, successors and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such customer, participation in the Swimmers Guaranteed Program and misuse of the Swimmers Guaranteed Program by customer or others.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWIMMERS GUARANTEED PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. BY PARTICIPATING IN THE SWIMMERS GUARANTEED PROGRAM, A CUSTOMER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
The Swimmers Guaranteed Terms are governed by and interpreted under the laws of the state of Minnesota with exclusive venue and jurisdiction in the state and federal courts located in the state of Minnesota. By participating in the Swimmers Guaranteed Program, each Customer irrevocably consents to the personal jurisdiction of said courts and waives any claim of forum non conveniens or lack of personal jurisdiction they may have. In addition, any dispute relating to the Swimmers Guaranteed Program (including the Swimmers Guaranteed Terms) shall be brought individually, and without resort to class action.
If any provision of the Swimmers Guaranteed Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Swimmers Guaranteed Terms, which will otherwise remain in full force and effect. The Swimmers Guaranteed Program is void where prohibited or restricted by law.
