Policies, Terms, and Conditions

Foss Swim School
Legal Information and Notices

Policies, Terms, and Conditions

Policies, Terms, and Conditions

These Policies, Terms and Conditions apply to the Foss Holdings, LLC website located at fossswimschool.com, and all associated sites by Foss Swim School, as well as enrollments and transactions made in-person or over the phone. BY USING THE SITE AND/OR ENROLLING AND/OR SWIMMING WITH US YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ENROLL OR SWIM WITH US OR USE THE SITE.

Foss Holdings, LLC reserves the right, at its sole discretion, to change, modify and 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 Site, 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 at least 24 hours prior to the start of your first session, 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 within 24 hours before the start of your first session, 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 session, 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 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.

If you or your child is experiencing fever, cough, shortness of breath, sore throat, loss of smell, gastrointestinal symptoms (vomiting or diarrhea) or any other symptoms known to be indicative of COVID-19 Coronavirus or related illnesses and you need to skip a scheduled lesson, a credit will be applied to your FOSS Family Account for the missed lesson and may be applied to future lessons once your child has adhered to all recommendations detailed by the CDC and/or Department of Health and is healthy to return to lessons. 

If your or your child is experiencing watery diarrhea, dehydration, fever, nausea, vomiting or any other symptoms known to be indicative of Cryptosporidium or related illnesses within the last 24 hours and you need to skip a scheduled lesson, a credit will be applied to your FOSS Family Account for the missed lesson and may be applied to future lessons once your child has adhered to all recommendations detailed by the CDC and/or Department of Health and is healthy to return to lessons.

A CREDIT WILL BE ISSUED TO YOUR FOSS FAMILY ACCOUNT FOR CANCELLED LESSONS.  NO CASH/CREDIT CARD REFUNDS WILL BE PROCESSED. TUITION PAID VIA GIFT CARD WILL BE PROCESSED BACK TO A GIFT CARD.

PLEASE REFERENCE THE FOSS 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 lessons.  This fee is not refundable, including if you cancel your enrollment before completing all lessons.  When your family returns to FOSS, you will not be charged this fee a second time.

We reserve the right to cancel any class that has only one swimmer enrolled.  If FOSS chooses to cancel a class with only one swimmer enrolled, FOSS will offer alternative day and time option(s) for your swimmer or provide a credit to your Family Account.

We reserve the right to cancel the following class levels if they have three or fewer swimmers enrolled: Middle 5, Big 4, Big 5 and Big 6.  If FOSS chooses to cancel any of these classes, FOSS will offer alternative day and time option(s) for your swimmer.

US SHIPPING RATES & POLICIES

Foss Swim School only ships to customers in the United States.

STANDARD SHIPPING
Ship via USPS Standard Delivery : $4
Ship via UPS/FEDEX Ground Service : $10

ORDERS SHIPPED VIA UPS/FEDEX WILL RECEIVE A TRACKING NUMBER VIA EMAIL AS SOON AS IT IS AVAILABLE.

Orders will be sent out within 1-3 business days after order has been placed and may take up to 7 business days for delivery.

EXPEDITED SHIPPING 
Ship via UPS/FEDEX 2DAY Service : $25

ORDERS SHIPPED VIA UPS/FEDEX WILL RECEIVE A TRACKING NUMBER VIA EMAIL AS SOON AS IT IS AVAILABLE.

Orders will be sent out within 1-3 business days after order has been placed and may take up to 3 business days for delivery.

IF YOU NEED YOUR ORDER TO ARRIVE SOONER – PLEASE CONTACT US FOR A QUOTE.
952-935-8969 

AGREEMENT BETWEEN USER AND FOSS HOLDINGS, LLC
The network of Foss Swim Schools operated by Foss Holdings, LLC or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The Web sites and Web pages of Foss Holdings, LLC are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Foss Holdings, LLC Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Foss Swim Schools website included within the Foss Holdings, LLC Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”).

Additionally, the Foss Holdings, LLC Web Site may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Foss Swim Schools, LLC website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”).
By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE
Foss Swim Schools reserves the right to change the terms, conditions, and notices under which the Foss Holdings, LLC Web Sites are offered, including but not limited to the charges associated with the use of the Foss Holdings, LLC Web Sites. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE, PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Foss Holdings, LLC Web Sites are for your personal and noncommercial use.

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 Holdings, LLC Web Sites.

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 Site solely for your own noncommercial use, or to place an order with Foss Swim Schools or to purchase Foss Swim Schools products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Foss Swim Schools is strictly prohibited.

Harassment in any manner or form on the Site or any of the Foss Holdings, LLC 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 Holdings or any of its subsidiaries or other members or visitors on the Site is prohibited.

You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which 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 Site use the Site to solicit others to join or become members of any other commercial online service or other organization.

The entire content included in the website, including but not limited to 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 Schools. The collective work includes works that are licensed to FOSS Swim Schools. 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 Schools, or other respective owners that have granted FOSS Swim Schools the right and license to use such 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 but not limited to, 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 ASSUMES 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 hereby release, waive and discharge Foss Holdings, LLC and its affiliates, and its and their respective directors, managers, 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, but not limited to, illness or death, that may occur as a result of the Participant’s participation in swim lessons or programs at Foss Swim School or 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, except to the extent that such damage or injury is caused by the gross negligence or willful misconduct of the Released Parties.

I further 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 agree that it is my intent that this release be binding on the members of my family and spouse, and their respective heirs, assignees and personal representatives, and any person claiming through or under any of the foregoing persons.

COVID-19 Waiver of Liability

I do hereby 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, a fever, cough, shortness of breath, sore throat, loss of smell, gastrointestinal symptoms (vomiting or diarrhea) or any other symptoms known to be indicative of COVID-19 Coronavirus or related illnesses.  If any of these symptoms arise in any of the foregoing people, I agree to notify Foss Swim School and the Participant will not be permitted to participate in swim lessons or programs at Foss Swim School.

I hereby release, waive and discharge the Released Parties from any and all loss, liability, claims, demands, actions and causes of action whatsoever if I contract, or if the Participant, my spouse or any member of my family or the Participant’s family, or the legal guardian of the Participant, contracts COVID-19 Coronavirus or other related illnesses during swim lessons or programs at Foss Swim School.  I agree that it is my intent that this release be binding on the members of my family and my spouse, and their respective heirs, assignees and personal representatives, and any person claiming through or under any of the foregoing persons.

Cryptosporidium Waiver of Liability

I do hereby 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, watery diarrhea, dehydration, fever, nausea, vomiting or any other symptoms known to be indicative of Cryptosporidium or related illnesses within the last 24 hours.  In addition, I hereby affirm that I have not been diagnosed with Cryptosporidium in the past 14 days, and neither has the Participant, any member of my family or any member of the Participant’s family.  If any of these symptoms arise in any of the foregoing people, I agree to notify Foss Swim School and the Participant will not be permitted to participate in swim lessons or programs at Foss Swim School for 14 days after the last day on which I, any member of my household, the Participant and any member of his/her household has had any symptoms of Cryptosporidium or any related illness.

I hereby release, waive and discharge the Released Parties from any and all loss, liability, claims, demands, actions and causes of action whatsoever if I contract, or if the Participant, my spouse or any member of my family or the Participant’s family, or the legal guardian of the Participant, contracts Cryptosporidium or any related illnesses during swim lessons or programs at Foss Swim School.  I agree that it is my intent that this release be binding on the members of my family and my spouse, and 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.

The Foss Swim School Paid Lesson Credit Program (“Program”) is designed to allow our customers to receive a lesson credit(s) for classes cancelled by Foss through no fault of the customer or when a credit is applied by the Foss staff for special circumstances.  In such cases, Foss 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 services and policies.

By participating in the Program, you agree to the following terms and conditions (the “Terms”).  Your participation in the Program is conditioned on your acceptance of these Terms.  Participation in the Program constitutes each customer’s full and unconditional agreement to these Terms and all terms incorporated by reference. 

If you have a pre-existing account and/or pre-existing credits, this updated policy now governs these existing account and credits.

Sponsor:  This Program is operated by Foss Holdings, LLC and/or its subsidiaries and affiliated companies (collectively, “Foss”).

Participation:

This Program is not targeted towards, nor intended for use by, anyone under the age of majority in their state of residence.  Any Foss customer who is at least the age of majority or older may apply to participate in the Program by creating an online account through the website at www.fossswimschool.com, which will automatically enroll you in the Program. Customers with pre-existing accounts will be automatically enrolled in the Program, unless they contact Foss 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.  Foss is not responsible for any disruption of the 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 Program. 

To verify the availability of any credits, simply access your account information.

Your participation in the 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 Program account, and Foss reserves the right to terminate your account and/or your participation in the Program if Foss determines in its sole discretion that you have violated these 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 Program.

By participating in the Program, you agree to receive account information and promotional information from Foss until such time you unsubscribe to Foss emails. 

Participation in the 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 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 these 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 has no obligation to credit a customer’s account based solely on proof of a purchase if Foss is not able to verify the actual purchaser of the corresponding services.

Credits for cancelled lessons will automatically be deposited in your account (assuming the account is valid and verifiable), following Foss’s processing of cancellations. Cancellations which occurred prior to enrollment in the Program will not be eligible.

If Foss did not receive payment for a transaction that would otherwise result in credits or payment was otherwise stopped or invalidated, Foss will not issue any credits.

The accumulation of credits does not entitle customers to any vested rights with respect to credits or Program benefits.

Eligible purchases and credits reflected in Foss records shall be deemed correct and Foss 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’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 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 these Terms.

Credits may change or be withdrawn at any time subject to Foss’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.

Any credits which were issued prior to the Effective Date listed above will expire 150 days from that Effective Date.

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 Program will be used as needed to facilitate participation in the Program.

Information will also be used in compliance with the Foss Privacy Policy found at www.fossswimschool.com/terms-conditions/

Modification and Termination of Program:

Foss reserves the right to terminate, cancel, modify or restrict any of the Terms and any related policy or guideline related thereto, including, but not limited to, 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 Program website, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and any such changes or modifications, so you should review these Terms and applicable policies frequently. If you do not agree to any portion of the then-current Terms, you must stop participating in the Program.

Customers are responsible for remaining knowledgeable as to any changes that Foss may make to these Terms. The most current version of these Terms will be available on the Foss website which facilitates the Program and will supersede all previous versions of the Terms.

The Program has no predetermined termination date and may continue until such time that Foss decides to terminate the Program (“Term”). Foss may terminate the Program at any time.  Upon termination, customers may or may not, at Foss’s sole discretion, have a designated period of time from the date of Program termination to use accrued credits. Otherwise, any credits remaining in a customer’s account at time of termination will be forfeited.

Foss reserves the right to terminate the account of any customer who uses the Program in a manner inconsistent with these 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 Program may be a violation of criminal and civil law, and, should such an attempt be made, Foss reserves the right to seek damages from any such person to the fullest extent permitted by law. Foss’s failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision.

All questions or disputes regarding eligibility for the Program, the earning, use, or conversion of credits, or a customer’s compliance with these Terms will be resolved by Foss in its sole discretion.

Limitation of Liability/Disputes:

By participating in the Program, each customer accepts all responsibility for, and hereby indemnifies and holds harmless Foss and its 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 Program, acceptance or use of any credits or services, misuse of the Program by customer or others, and any unauthorized access to customer’s account by a third party.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE 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 HAS IMPROPERLY DENIED THAT CUSTOMER ANY CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF CREDITS. BY PARTICIPATING IN THE 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.

These 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 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 Program (including these Terms) shall be brought individually, and without resort to class action.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. The 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 my 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 but not limited to: 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 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 without limitation, 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.

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