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                     The Swimming Swan, LLC.                    

Aquatics Program Partnership Agreement

 

This agreement is entered into between The Swimming Swan, LLC, a California limited liability company (“The Swimming Swan”), and the Company identified below (the “Company”), utilizing the Aquatics Facility identified below (the “Facility”).

 

1. Services Provided

The services and/or materials to be furnished pursuant to this contract (hereinafter referred to collectively as the “Services”) are as follows: The Swimming Swan’s certified and experienced swim instructors and lifeguards (together, the “Staff”) shall provide community water safety education, formal swimming lesson instruction, and/or preventative lifeguard practices to or on behalf of the Company.

Our Affiliations:

  1. American Red Cross – Licensed Training Provider
  2. United States Swim School Association – Member
  3. National Drowning Prevention Alliance – Member
  4. Better Business Bureau – A+ Member

Our Staff meets and will maintain the following standards:

  1. Minimum of 4 Years swim instruction teaching formal swimming lessons in accordance with the American Red Cross curriculum.
  2. Successful examination and training of The Swimming Swan’s independently-developed “Learn-To-Swim” curriculum and American Red Cross training materials.
  3. Current CPR/First Aid certification.
  4. Current Lifeguard Certification for Lifeguard Staff.
  5. Thorough vetting process, including criminal background screening.
  6. Quarterly evaluations and performance reviews.

Program Details:

  1. Any of the following Learn-To-Swim Lessons: Parent and Child, Preschool, Child, and Adult classes.
  2. Maximum 5:1 student to instructor ratio.
  3. Minimum class duration of 30 minutes per group.
  4. Maximum class duration of 60 or 90 minutes, depending on the Program (swim team, aqua fitness, etc.).
  5. Minimum of eight (8) classes per session with at least two (2) classes per week.
  6. Minimum of two (2) hours of instruction time per session.
  7. Minimum of one (1) Lifeguard required per ten (10) Program participants in the pool.

 

OPTIONAL – USA Swimming Foundation’s “Make a Splash” Community Enrichment Programs:

Community Water Safety Education (e.g., opening up the Aquatics Facility to community service groups such as Boy & Girl Scouts, ROTC, etc.).

Swim Lessons at a free or discounted rate dedicated to children from economically-disadvantaged populations.

 

OPTIONAL – Specialty Programs:

AquaAerobics and Water Fitness.

Adaptive Aquatics.

American Red Cross certification courses in Lifeguarding, CPR/FIRST AID and WSI (Water Safety Instructor Certification).

2. PAYMENT

The Swimming Swan shall have no duty to provide the Services until the Company has made full and timely payment to The Swimming Swan for the provision of the Services for each session. Payment shall be made at least two (2) weeks prior to the start of the Services and be in good standing at least two (2) weeks prior to the start of each session. Payment is to be completed electronically through Stripe, Inc. There are no refunds or cancellations within two (2) weeks of the start of the Services.

 

3. POLICIES AND PROCEDURES

 

All participants shall be required to complete the registration form provided by The Swimming Swan and to sign a waiver electronically through The Swimming Swan’s website prior to the provision of any Services.

 

The Services are to be performed in a Facility regulated by the Department of Health or similar government agency.

The Company acknowledges that a minimum of forty-five (45) days is required to properly staff, market, help facilitate functional standard operating procedures (“SOP”), and arrange delivery of any necessary Safety Equipment and Swim Lesson Equipment (collectively, the “Equipment”) to the Facility. If this contract is entered into fewer than forty-five (45) days prior to the start of the Services, the Company waives any and all claims against The Swimming Swan related to the foregoing.

 

A formal, practiced, Emergency Action Plan must be implemented prior to any swimming instruction as part of the SOP. All required Equipment as may be utilized pursuant to the Emergency Action Plan shall be present prior to any formal swimming instruction.

 

All Equipment must be available at the Facility prior to the start of the Services. Either the Company will provide the Equipment or The Swimming Swan, in partnership with a third-party vendor of its choosing, will acquire the Equipment and invoice the Company. The Company will be solely responsible for all rental costs, delivery fees, deposits, damages, or other charges relating to the Equipment. If the Company elects to provide its own Equipment, such Equipment must be in good working condition as determined by The Swimming Swan in its sole and exclusive discretion.

 

Required Safety Equipment:

  1. Lifeguard Chair and Shade.
  2. Rescue Tube, Rescue Ring, Backboard with Proper Head Immobilizer.
  3. CPR/First Aid Equipment.
  4. Mobile Emergency Pack, optional AED is preferred.
  5. Documented Emergency Action Plan or Standard Operating Procedure.

 

Required Swim Lesson Equipment:

  1. Kickboards – one (1) per swimmer.
  2. Dive Rings.
  3. Pool Noodles – optional.
  4. Swim Paddles, Swim Fins, Googles – optional.

 

 

4. INSURANCE AND INDEMNITY

The Swimming Swan maintains a Commercial General Liability Insurance Policy (the “Insurance Policy”), including personal injury, with the following limits:

  • Each Occurrence – $1,000,000
  • Personal and Advertising Injury – $1,000,000
  • Participant Liability – $1,000,000
  • General Aggregate – $2,000,000

 

The Company may, at its discretion, purchase additional liability protection through a Certificate of Additional Insured Liability Policy under the Insurance Policy. The cost of the Certificate of Additional Insured Liability Policy is $250 per year, which shall be paid solely by the Company.

 

All swimmers in the pool at the time of the documented Swimming Lessons who are properly registered with The Swimming Swan and the Company for this Program are covered under the Insurance Policy. The Swimming Swan’s liability is limited to accidents that occur in the pool involving registered participants during a swim lesson with The Swimming Swan. The Swimming Swan is not liable for events or injuries occurring outside the pool, outside the time in which Swimming Lessons are being provided, or to persons not properly registered. The Company shall be solely responsible for any injury or death not covered by the Insurance Policy, as outlined above. By way of example, but not limitation, a slip-and-fall that occurs on the pool deck or in outside areas of the Facility will be covered exclusively and entirely by the Company and its liability insurance. The Company represents and warrants that it has sufficient liability insurance coverage and further represents and warrants that the Facility has measures in place to minimize risk after hours.

 

The Company agrees to indemnify and otherwise hold harmless The Swimming Swan and its Staff for any event, injury, or death that is not the direct result of negligence by The Swimming Swan or its Staff.

 

Risk Management and Loss Prevention requires that the Facility be listed as an Additional Location with The Swimming Swan’s Insurance Policy. Any and all coverage under the Insurance Policy, including a Certificate of Additional Insured Liability Policy, is annulled and rescinded if a person is drinking alcohol in the pool or is legally intoxicated.

 

If the performance of the Services is prevented, restricted or interfered with by reason of earthquake, fire, flood, or other casualty, or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of The Swimming Swan, The Swimming Swan shall be excused from performance of the Services during such prevention, restriction or interference, and any failure,  delay, or loss resulting therefrom shall not be considered a breach of this contract.

 

5. DISPUTE RESOLUTION

 

This contract shall be governed by and in accordance with the laws of the State of California without regard to its choice of law provisions.

 

Any legal action relating in any way to this contract or the provision of the Services as contemplated herein shall be brought in a court of competent jurisdiction in San Diego County, California.

 

The prevailing party in any legal action arising from this contract shall be entitled to recover its reasonable costs and attorneys’ fees.

 

6. OTHER PROVISIONS

 

This document, including exhibits and addenda, together with the Purchase Order and any addenda attached thereto, constitute the entire contract between the parties.

 

Any amendment to this contract must be in writing and executed by each party to this contract.

 

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