Terms

Waiver

You acknowledge that training can be dangerous. The facilities at which sessions/lessons take place may contain hazards that could result in your injury or death or damage to your property. The equipment or pool used at a session/lesson could cause your injury or death or damage to your property. You assume all risk of injury, death, and property damage related to all sessions/lesson scheduled through the Site and Carole Chetrit. Carole Chetrit does not inspect or maintain any facilities at which any session/lesson takes place, and is not responsible for the behavior of any clients & minors , family members, club or facility members, or strangers. By scheduling a session/lesson on land or in water, you are agreeing that Carole Chetrit has no liability whatsoever for any injury, death, or property damage suffered by you, the client, in connection with such sessions, lessons, or otherwise. This policy is non-negotiable.

Purchase Policy

All packages purchased must be completed within 180 days of purchase date or all remaining lessons will be forfeited. This policy is non-negotiable. Lessons/sessions must be paid 72hrs in advance of pre-scheduled time or lesson/session will be cancelled. 

Travel Policy

Travel fees will be waived with multiple back-to-back lessons at the same location. Lessons/sessions are limited to a maximum range of 18 miles from Redwood City. All lessons/sessions beyond 12 miles from Redwood City must be a 1hr minimum lesson and can include back-to-back lessons with either the same or different clients. All lessons/sessions outside of a 5 mile radius from Redwood City will include a Travel Fee. All lessons/sessions within a 5-8.9 mile radius from Redwood City will include a $15 Travel fee per lesson/sessions that will be in addition to the Package pricing. All lessons/sessions within a 9-12.9 mile radius from Redwood City will include a $25 Travel fee per lesson/sessions that will be in addition to the Package pricing. All lessons/sessions within a 13-18.0 mile radius from Redwood City will include a $35 Travel fee per lesson/sessions that will be in addition to the Package pricing. Travel fees are based on the fastest route available. This policy is non-negotiable.

Late Policy

All days and times are pre-negotiated and it is important for Carole Chetrit to start and end each session/lesson on time out of courtesy to all clients. If client is late for their session/lesson it will still end at its scheduled time. If Carole Chetrit is late for any reason then she will contact you to schedule a make-up for the time lost. This lost time may be added prior or after another future session/lesson depending on Carole Chetrit's availability. This policy is non-negotiable.

No Show Policy

If client is a No Show they will lose out/forfeit their session/lesson and no make-up will be provided. If Carole Chetrit is a No Show for any reason, she will provide a makeup session on a day and time convenient to both parties. This policy is non-negotiable.

Cancellation Policy

To cancel an appointment you must contact Carole Chetrit at least 48 hours in advance of your scheduled session/lesson. If you fail to cancel at least 48 hours in advance you will forfeit your session/lesson and no make-up class will be provided. Only 1 cancellation is allowed for each 10-Pack, 2 cancellations are allowed for each 20-Pack purchased and 3 cancellations are allowed for each 30-Pack purchased. Any cancellations beyond the package limits could jeopardize your preferred time slots and will no longer be guaranteed. Any cancelled sessions/lessons must be made up within 14 days of the originally scheduled lesson date or it will be forfeited. This policy is non-negotiable.

Makeup/Reschedule Policy

If you want to reschedule your session/lesson, you must contact Carole Chetrit at least 48 hours in advance of your scheduled session/lesson. Makeup/rescheduled session/lessons must take place within 14 days of the originally scheduled lesson date or it will be forfeited. A makeup class will be scheduled for a day and time convenient to both parties within 14 days of the originally scheduled lesson date. Only 1 makeup/rescheduled session/lessons is allowed for each 10-Pack, 2 makeup/rescheduled session/lessons is allowed for each 20-Pack and 3 makeup/rescheduled session/lessons are allowed for each 30-Pack purchased. Any rescheduling beyond the package limits could jeopardize your preferred time slots and will no longer be guaranteed. This policy is non-negotiable.

Illness Policy

If yourself or client has a severe illness or sickness please contact Carole Chetrit immediately. Absences due to illness can be rescheduled as stated in our Makeup Policy. Any missed session/lesson must be made up within 14 days of the originally scheduled lesson date or it is considered forfeited. If the lesson cannot be made up within 14 days of the originally scheduled date for medical reasons, a medical note from the primary Physician will be required to avoid forfeiting your lesson/sessions. Only one makeup/rescheduled session/lessons is allowed for each 6 or 10-Pack and 2 makeup/rescheduled session/lessons are allowed for each 20-Pack purchased. This policy is non-negotiable.

Emergency Policy

If you have an emergency and cannot attend your scheduled session/lesson please contact Carole Chetrit immediately. Depending on the circumstances of the emergency you will have the opportunity to reschedule your session/lesson as stated in our Makeup Policy. If you have a severe injury and cannot return in a timely manner (Physician's note), your package will be placed on hold until your physician allows you to return (Physician's note). This policy is non-negotiable.

Pool Location Policy

All clients are responsible for providing a pool for Carole to instruct in provided its safe and available for use. Pool temperatures must be maintained between 80-86 degrees Fahrenheit. This policy is non-negotiable.

Pool Closure Policy

Clients are responsible for knowing their pools status in regards to mechanical issues, parties, events, extreme weather related issues (refer to our Weather Policy) or closure of any kind and conveying it to Carole promptly. Any lessons missed due to a SHORT pool closure of 7 DAYS OR LESS must be rescheduled within 14-days (*view Makeup/Reschedule policy) from the official reopening of the pool. Any lessons missed due to a LONG pool closure of 8 DAYS OR MORE must be rescheduled within 14-days (*view Makeup/Reschedule policy) from the official reopening of the pool. Any lessons that have not been made up/rescheduled will be forfeited after the allotted timeframe. If the pool reopens and then closes soon after, the 14-day/21-day rescheduling timeframe will reset once the pool has officially been reopened.

Weather Policy

Classes will be held in all weather conditions except lightning storms, extreme high winds, flooding, atmospheric rivers or earthquakes. Pool temperatures must be maintained between 80-86 degrees Fahrenheit. Any session/lessons missed due to extreme weather (noted above) must be rescheduled within 14-days (*view Makeup/Reschedule policy) of the weather returning to safe conditions. This policy is non-negotiable.

Group Fitness

Carole will not provide clients for Group Fitness Sessions. Each client must provide their own. This policy is non-negotiable.

Semi-Private Policy

Both parties are obligated to purchase identical swim packages in order to show their commitment to their reserve time slot(s) and learning process. If any party cancels for any reason their lesson will be forfeited (*view Cancellation policy). If the other party would like to have a lesson at their regularly scheduled time, they will have the option to upgrade to a private session and payment must be made prior to the lesson taking place. If the party chooses not to upgrade to a private session, then their lesson will be forfeited. This policy is non-negotiable.

Single Lesson Policy (Case-by-case basis)

Swim lessons are sold in swim packages as a commitment to learning swim & safety skills. Single lessons will fulfill special circumstances i.e. Two students wanting to complete their swim program together due to one being short of sessions/lessons, last minute swim development for vacation or to further refine skills and/or techniques. Circumstances based on Carole’s discretion. This policy is non-negotiable.

On-Going Schedule Change Policy

All sessions/lessons and packages are pre-negotiated with Carole Chetrit for specific days and times depending on the clients and her availability. If you decide to change your on-going schedule then you must contact Carole Chetrit via email only and at least 7 days in advance to request a new schedule. You are allowed to change the schedule only 1 time per 10-package & 2 times per 20 & 30 package purchased. This policy is non-negotiable.

Vacation Policy

Client(s) must notify Carole Chetrit about planned vacations at least 3 weeks in advance or more. Clients must also notify Carole of the precise dates they will be absent and their intentions regarding their current time slot(s). If proper notification is not received, your lessons will be considered forfeited. If you would like to return to your current time slot(s) after your vacation, you will be required to purchase enough lessons to cover each session/lesson that will be missed during your absence. If you have any unused sessions/lessons in your current package prior to your vacation, you can use those sessions/lessons to secure your time slot(s) as well. Upon return from your vacation, you can start using your banked sessions/lessons for the time slot(s) that you secured. This policy is non-negotiable.

Refund Policy

No refunds will be given after payment is received. This policy is non-negotiable.

Transfer Policy

No package purchases or sessions/lessons are transferable to another package or individual. This policy is non-negotiable.

Limitation of Liability

In no event shall Carole Chetrit be liable for any injury, death, loss, claim, or damages (including indirect, special,, exemplary, punitive, incidental, or consequential damages) of any kind, whether based in contract, tort, or otherwise, which arises out of or is any way connected with any use of the services, the Site, or its content, any failure or delay, or the performance or non-performance of Carole Chetrit or client in connection with the services, even if Carole Chetrit has been advised of the possibility of such damages. Nationwide Mutual Insurance Company: Policy#: 6BRPG0000007767000

Disclaimer of Warranties

Carole Chetrit makes no warranty that the Site will be uninterrupted, timely, secure, or error free. Carole Chetrit makes no warranty as to the accuracy of the information on the Site. Unless expressly stated otherwise, Carole Chetrit provides the content on the Site "As is" and without warranties of any kind, either express or implies, to the fullest extent allowable by applicable law, including the implied warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose.

Indemnification

You agree to indemnify, defend, and hold harmless Carole Chetrit, her children, brothers, sisters, relatives, affiliates, distributors, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of any breach of this Agreement by you or in connection with your use of the Site or any service (or product) provided by Carole Chetrit related thereto.

Governing Law

This Agreement and the relationship between Carole Chetrit and you shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a court in the State of California.

Identification, Logos and Trademarks

All registered and unregistered trademarks and service marks (collectively, “Marks”) used or referred to on the Site are the property of Carole Chetrit unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without Carole Chetrit’s prior written permission. The use of Carole Chetrit’s Marks on any other web site, without authorization, is prohibited.

Prohibited Conduct

By using the Site you agree not to submit, post, or transmit any content or otherwise to engage in any conduct, that violates any of the following rules:

• You may not attempt to harm, disrupt, or otherwise engage in activity that impairs, the Site.
• You may not post any content on the Site that (a) violates or encourages others to violate any applicable law or regulation, or which would give rise to civil liability; (b) is fraudulent, false, misleading, or deceptive; (c) is defamatory, pornographic, obscene, vulgar, or offensive; (d) promotes bigotry, racism, hatred, harassment, or harm against any individual or group; or (e) is abusive or threatening.
• You may not attempt to interfere with any other person’s use of the Site or the services offered on the Site.
• You may not misrepresent your identity or impersonate any person.
• You may not access, descramble, deactivate, remove, impair bypass, or circumvent any technological measure that we, our partners, or a third party have implemented to protect the Site.
• You may not attempt to gain access to any account, computers or networks related to or used in connection with the Site, without authorization, or otherwise tamper with any aspect of the Site, or use any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data on the Site, unless we provided you with such tool and authorized you to use it for the specific purpose(s) in which you have used it
• You may not attempt to obtain any data through any means from the Site, except if we intend to provide or make it available to you.
• You may not use the Site to participate in pyramid schemes or chain letters.
• You may not use the Site to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications.
• You may not use the Site to post, display, send or otherwise make available or use, any material protected by intellectual property laws unless you own or control all necessary rights to such material or have received all necessary authorization.
• You may not use the Site to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of any computer or property.
• You may not use the Site to download any material sent by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not use the Site in a manner that violates this Agreement, or any code of conduct or other guidelines which may be applicable to the Site.
• You may not use the Site to harvest or otherwise collect information about others, including without limitation email addresses.
• You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Site.
• You may not use the Site in a manner that results in excessive bandwidth usage, as determined solely by us.

We have the right to make all judgments concerning any of the above prohibitions in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.

Email Policy

You may receive periodic emails from Carole Chetrit. You acknowledge and agree that you will receive session/lesson/package confirmation emails, no-show confirmation emails, session/lesson/package change confirmation emails, session/lesson/package cancellation confirmation emails, and other emails relating to any sessions/lesson/package that are booked through the Site or Carole Chetrit directly.

Right to Terminate

Carole Chetrit may use her sole discretion to terminate the registration of any client or user who violates the terms of this Agreement.

Right to Modify or Change

Carole Chetrit reserves the right to modify this Agreement at her sole discretion. When she makes any modification to this Agreement, Carole Chetrit will update the date referenced at the end of this page. Your continued use of the Site and participation in sessions, lessons and otherwise and constitutes acceptance of the terms and conditions stated.

Proprietary Rights to Content

All materials contained on the Site are protected by copyright law except where explicitly noted otherwise. Carole Chetrit reserves all rights in this content.

You acknowledge and agree that content, including but not limited to text, software, photographs, video, design, recordings, music, graphics, or other material contained on the Site (the “Content”) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and applicable law. You agree not to copy, reproduce, distribute, or create derivative works from the Content or otherwise use, transmit, rebroadcast, publish, or distribute the Content in any form other than as expressly authorized by this Agreement without Carole Chetrit’s prior written consent. 

Using any of our materials for a commercial purpose without our express written consent-violates our copyrights and other proprietary rights. You may not use any data mining, robots, scraping, or similar data gathering and extraction tools on the Content, frame or scrape data from any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You also are prohibited from taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. Finally, you may not utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Site.

User Conduct

You agree that all the information that you access on the Site will be used only for your own personal purposes. You will not make any other unauthorized use of the Site or any interactive features available on the Site or otherwise act in a manner that is disruptive to the purpose and intent of the Site. You may not engage in any conduct or action that is prohibited by any applicable law.

‘Site’ = https://www.corefitnessbycarole.com

Updated: 2/20/24