Aquatic Sports Performance LLC Terms and Conditions

Aquatic Sports Performance LLC, ASP Academy LLC, and its affiliates (collectively, "ASP")

1. Terms and Conditions: Swim Clinics, Digital Programs, Remote Programming, and Other ASP Activities

1.1 Acceptance of Terms

• By registering for any ASP swim clinic, purchasing a digital program, subscribing to remote programming for athletes or individuals, or engaging in any other ASP service or activity, you (or your legal guardian if under 18) accept these terms in full.

2. Services Covered

• These terms apply to, without limitation:
• Swim clinics conducted at ASP-approved facilities
• Semi-private and private swim lessons and swim coaching (in-person and/or remote)
• Consulting calls (in-person and/or remote)
• Video analysis services delivered electronically and/or through an ASP-approved platform
• Digital programs delivered electronically
• Remote programming for athletes and individuals delivered through the ASP app or other approved platforms
• Use of ASP websites, apps, scheduling systems, teleconferencing tools, and other technology used to deliver ASP services
• Any other activities, products, or services provided or sold by ASP
• ASP may use third party platforms and service providers (for example payment processors, scheduling systems, coaching apps, video hosting platforms, and teleconferencing tools) to deliver its services. While ASP will select and work with reputable providers, ASP is not responsible for outages, data loss, errors, or other issues caused by those third party services. ASP will make reasonable efforts to assist you and to restore access or provide alternatives where practical.

3. Participation Rules and Minors

• You must follow all facility rules and staff instructions, respect equipment and other participants, and maintain proper hygiene.
• Inappropriate, unsafe, or disruptive conduct may result in immediate removal from an activity or facility, suspension of services, or termination of services, without refund or credit.
• Minors and parental responsibility
• If the participant is under 18 years of age, a parent or legal guardian must review and agree to these terms and any related waivers, and any signature or consent given by that adult is binding on the minor and the family.
• The adult signing represents and warrants that they are the participant’s parent or legal guardian and have full authority to consent on the minor’s behalf.
• Parents/guardians are responsible for timely drop off and pick up of minors and for their supervision before and after scheduled ASP activities. ASP is responsible only during the scheduled ASP activity time while the athlete is under direct ASP supervision.
• Personal property
• You are solely responsible for your personal belongings. ASP is not responsible for lost, stolen, or damaged personal property at any facility, clinic, or event.

4. Payments, Cancellations, Refunds, and Subscriptions

Unless otherwise stated for a specific service, the following apply:

• a. General payment and non-refundable services
• All fees are due in advance.
• Swim clinics, video analysis services, consulting calls, semi-private swim lessons, and private swim lessons are non-refundable. This includes client cancellations and no-shows.
• Digital programs are non-refundable once delivered.
• Credit card and other payment processing fees are not refunded under any circumstance.
• b. Late arrivals and no-shows (meetings included)
• For any in-person service and any remote service that includes a scheduled meeting (including but not limited to lessons, clinics, consulting calls, and assessments), if the athlete or client is 20 minutes late or more, it counts as a no-show.
• No refunds, credits, or rescheduling will be offered in the case of a no-show. Sessions still end at the originally scheduled end time, even if you arrive late.
• c. ASP cancellations, clinic rescheduling, and force majeure
• If ASP cancels or interrupts a clinic or other service due to unfavorable weather, facility issues, coach illness, safety concerns, government orders, natural disasters, pandemics, or any other circumstances beyond ASP’s reasonable control, ASP will offer to move you to another available ASP clinic or session date.
• If you cannot attend the first proposed new date for a clinic, ASP will propose at least one alternative clinic date, subject to availability.
• Where ASP offers reasonable alternative dates or credits for future clinics or services in these circumstances, ASP is not required to provide a refund.
• d. Remote programming subscriptions and recurring services
• Remote programming subscriptions and other recurring services (including, where applicable, memberships or recurring billing arrangements) continue on a recurring billing basis until cancelled by you or by ASP.
• You may request cancellation at any time through the ASP app, by email, via ASP’s chatbot, or by SMS to the number provided by ASP.
• Once a payment has been processed for a billing cycle, it is non-refundable. The full billing cycle stated at the time of purchase is due.
• To avoid being charged for the next billing cycle, you must submit your cancellation request at least forty-eight (48) hours before the start of the next billing cycle, so ASP has time to process your request.
• After you request cancellation, access to the service continues until the end of the current billing cycle. No partial or pro-rated refunds are issued for unused time, unused sessions, or reduced use during any billing cycle.
• e. Chargebacks, disputes, failed and returned payments
• Chargebacks, payment disputes, failed payments, or returned payments do not make any purchase or service refundable.
• If a chargeback, payment dispute, failed payment, or returned payment occurs, ASP may suspend or terminate access to services and/or deliverables until the issue is resolved and all amounts owed are paid.
• You remain responsible for all amounts owed, plus any chargeback fees, dispute fees, administrative fees, collection costs, and reasonable attorney fees incurred by ASP in connection with the disputed, failed, or returned payment.

5. Service Modification and Rescheduling by ASP

• ASP may modify, suspend, or discontinue any part of its services, schedules, offerings, or fees at any time.
• ASP will provide notice of any material changes when reasonably possible, for example by email, app notification, or posting updated terms on its website.
• ASP may change and reschedule any appointment, meeting, lesson, clinic session, or other service in its sole discretion due to coach illness, facility closure, weather, safety concerns, low enrollment, or any other circumstances. When possible, ASP will provide notice and offer an alternative date or time consistent with the Payments, Cancellations, and Refunds section above.

6. Personal Data Privacy

• ASP collects and uses personal data only as needed to deliver services, process payments, communicate with you, operate its business, and comply with legal obligations.
• ASP does not sell your personal data and does not share it with third parties without your consent, except with service providers who assist ASP in delivering services (such as payment processors and software providers) or where required by law.
• Additional details are provided in ASP’s Privacy Policy, which is incorporated by reference into these terms.

7. Photography, Video, and Media Release

• By participating in any ASP service or activity, you (or your legal guardian, if you are under 18):
• Understand and agree that ASP staff, contractors, or partners may photograph, film, or otherwise record you or your child in connection with ASP activities.
• Grant ASP and its designees an irrevocable, worldwide, royalty-free license and permission to use, reproduce, adapt, modify, publish, distribute, display, and create derivative works from any photographs, videos, audio recordings, or other media that depict you or your child and are captured in connection with ASP services, in any media now known or later developed, for any lawful purpose, including marketing, promotional materials, educational content, and internal training, without further notice, review, or compensation, unless prohibited by law.
• If you do not want you or your child to be identifiable in ASP marketing materials on a go-forward basis, you must notify ASP in writing. ASP will use reasonable efforts to honor that request prospectively, but this does not require ASP to recall, delete, or modify materials already created, published, or in production.

8. Video Analysis Submission Terms

• When you purchase and use ASP’s video analysis services:
• Rights to submit: You represent and warrant that you own the video you submit or have all necessary rights to submit it to ASP, and that you have obtained permission from any individual appearing in the video (and from a parent or legal guardian for any minor appearing in the video) to share the video with ASP for review and use as described in these terms.
• Appropriate content: You agree not to submit content that is unlawful, infringing, harassing, threatening, hateful, or sexually explicit, or that violates any person’s privacy or publicity rights. ASP may refuse to review, remove, suspend, and/or report content at its discretion. No refunds, credits, or rescheduling will be offered in such cases.
• License for service and media use: By submitting a video for analysis, you grant ASP a worldwide, royalty-free license to access, reproduce, store, edit, adapt, annotate, and create derivative materials from your submitted video and any resulting feedback clips, screenshots, or derivative media for:
• Providing the purchased video analysis service
• Training and developing ASP staff and systems
• Improving ASP’s services and internal processes
• Lawful marketing and promotional uses, as described in the Photography, Video, and Media Release section above
• This license is for the duration necessary for these purposes and may be irrevocable with respect to materials already created or published, unless prohibited by law. If you prefer that your or your child’s name or identifying details not be used in marketing materials, you may notify ASP in writing. ASP will use reasonable efforts to accommodate that request prospectively, consistent with the Photography, Video, and Media Release section.
• Storage: ASP may store submitted videos and related deliverables for at least twelve (12) months to provide the service, support follow-up questions, and maintain business records. ASP may retain copies for a longer period where reasonably needed for legal, tax, training, marketing, or dispute purposes, as permitted by law.

9. Waiver of Liability

a. Strength and Conditioning / Personal Training

• I understand the nature of Strength and Conditioning and Personal Training activities and believe I am qualified to participate in such activities. I acknowledge that these activities occur in a gym or similar setting and involve intense physical exertion and the use of equipment. I agree and warrant that if at any time I believe conditions to be unsafe or beyond my capabilities, I will immediately discontinue further participation and notify ASP staff.

b. Swim clinics, swim coaching, swim lessons, and aquatic activities

• I understand the nature of swim clinics, swim coaching, swim lessons, and other aquatic activities and believe I am qualified to participate in such activities. I acknowledge that aquatic activities involve inherent risks, including but not limited to drowning, near-drowning, slips and falls, collisions with other participants or objects, overexertion, dehydration, and other serious bodily injuries, including permanent disability, paralysis, and death (collectively, "Risks").
• I represent that I (or my athlete/child) am medically and physically able to participate, can safely be in and around water, and will disclose any relevant medical conditions, injuries, or limitations to ASP staff prior to participation. If at any time I believe conditions to be unsafe, I will immediately discontinue further participation and notify ASP staff.

c. Assumption of risk

• All athletes and participants (including in-person, remote, club team remote, and Youth Sports Performance athletes) and their guardians fully understand that:
• Strength and Conditioning, Personal Training, swim clinics, swim coaching, swim lessons, and other ASP activities involve Risks and dangers of serious bodily injury, including permanent disability, paralysis, and death.
• These Risks and dangers may be caused by my own actions or inaction, the actions or inactions of others participating in the activity, the condition in which the activity takes place, the equipment used, or the negligence of the "Releasees" named below.
• There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
• I fully accept and assume all such Risks and all responsibility for losses, costs, and damages that I incur as a result of my participation (or my child’s participation) in ASP activities.

d. Release and indemnification

• I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless Aquatic Sports Performance, ASP Academy LLC, and any of their respective administrators, directors, agents, officers, volunteers, employees, contractors, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises on which ASP activities take place (each considered one of the "Releasees") from all liability, claims, demands, losses, or damages on my account or on account of my child, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations.
• I further agree that if, despite this release, I or anyone on my behalf makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or costs that any may incur as the result of any such claim.

e. Medical clearance and emergency care

• I am solely responsible for determining whether to seek medical advice before participating in ASP activities and for obtaining any medical clearances that may be needed. By participating, I represent that I (or my child) am in appropriate physical condition to engage safely in intense physical and aquatic activities.
• I authorize ASP staff, in their reasonable judgment, to obtain or arrange emergency medical care, including transportation by emergency services, if they believe it is necessary for me or my child. I understand that ASP does not and cannot guarantee the training, decisions, or actions of emergency personnel or healthcare providers and is not responsible for their acts or omissions.

f. Medical insurance and costs

• I understand that ASP does not provide accident, medical, or health insurance for participants. I am solely responsible for obtaining and maintaining adequate insurance coverage for myself and my child and for all medical costs and expenses that may result from participation in ASP activities.

g. No guarantee of results or performance

• I understand and agree that ASP does not guarantee any particular outcome or result from its services. This includes, without limitation, no guarantee of personal best times, performance improvements, team selections, roster spots, college recruiting, scholarships, awards, or other competitive or personal outcomes. Results depend on many factors, including training consistency, health, recovery, environment, and individual response, which are outside ASP’s control.

10. Right to Refuse Service

• ASP may refuse, suspend, or terminate service to any person at any time, with or without cause, in its sole discretion and subject to applicable law, whether or not these terms have been formally violated. Any fees already paid will be handled according to the Payments, Cancellations, and Refunds section of these terms.

11. Governing Law, Venue, and Dispute Resolution

• These terms are governed by the laws of the State of California, without regard to conflict of laws principles.
• Any dispute, claim, or controversy arising out of or relating to these terms or ASP services will first be addressed through good-faith informal discussions between you and ASP.
• If the dispute is not resolved informally, it will be resolved by binding arbitration administered by a recognized arbitration provider in California, unless applicable law does not permit arbitration for that type of dispute.
• Either party may bring an individual claim in a small claims court located in California if the claim qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent or stop misuse of intellectual property or confidential information.
• To the extent a dispute is permitted to proceed in court (for example, small claims or injunctive relief), the parties agree to exclusive venue in the state or federal courts located in California.

12. Communication and Updates

• ASP may send you service-related emails, text messages, app notifications, or other communications that are necessary to operate and manage your account and ASP services. These are transactional or operational communications and are not subject to marketing opt-out.
• You may opt out of marketing and promotional communications at any time, using the methods provided in those communications or as described in ASP’s Privacy Policy.
• ASP may update these terms from time to time. Updated terms will be posted on ASP’s website or otherwise provided to you. Continued use of ASP services after the effective date of updated terms constitutes acceptance of the revised terms.

13. Entire Agreement; Miscellaneous

• These terms constitute the complete agreement between you and ASP with respect to ASP swim clinics, digital programs, remote programming, consulting calls, video analysis, and any other ASP activities or services, and they supersede any prior or contemporaneous verbal or written statements, agreements, or understandings regarding these matters.
• Severability: If any provision of these terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.
• No waiver: If ASP does not enforce any right or provision of these terms on one or more occasions, that does not mean ASP waives the right to enforce it later. Any waiver of a provision of these terms will be effective only if it is in writing and signed or clearly issued by ASP.
• Assignment: You may not assign or transfer your rights or obligations under these terms without ASP’s prior written consent. ASP may assign or transfer its rights and obligations under these terms, in whole or in part, to an affiliate, successor, or purchaser of all or part of its business, or in connection with a corporate reorganization, without your consent.
• Headings: Section titles and headings are for convenience only and do not affect the meaning or interpretation of these terms.