Terms & Conditions

Please note changes to Section 6.0 of this agreement come into effect as of January 1st 2014.
AGREEMENT TO PROVIDE SPECIALIZED SWIMMING/ AQUATIC COURSES AND INSTRUCTION
(swim team agreement included & can be found below)

BETWEEN:

MONTREAL INSTITUTE OF SWIMMING INC., a body politic and corporate, duly incorporated according to law, having its head office and principal place of business located at 391 rue du Versant ,Pincourt, Province of Quebec, Canada J7V 9Y1, herein represented by Mr. Adam Di Fulvio, its President ,duly authorized, hereinafter referred to as
"MIS"

AND: THE CLIENT


WHEREAS MIS is involved in the business of providing both general and specialized swim/aquatic lessons and instruction to various partner pools, clubs, and individuals in the Montreal area, such specialized instruction includes swim team, water polo, synchronized swimming, and lifesaving courses; and the Client wishes to engage the services of MIS for purposes of providing such specialized swimming/aquatic instruction to its team;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
  • The preamble to the following Agreement shall form an integral part hereof as if recited at length herein for all legal purposes.
  • That for and in consideration of the fees to be paid by the Client to MIS as outlined herein below, MIS shall provide weekly/ bi-weekly specialized swim/aquatic instruction (one or more of the following: swim team, water polo, synchronized swimming, or lifesaving courses, coaching and instruction) to the Client at the location stipulated on the MIS website (hereinafter referred to as "the Pool").
  • The Client and MIS agree that the term of this Agreement shall be one or more sessions of swimming/aquatic instruction. The sessions offered by MIS are as follows (and are subject to change at any time):
    • Winter session: January to March, 10 weeks in length
    • Spring session: March to May, 10 weeks in length
    • Summer session, June to August, 8 weeks in length
    • Fall session, September to November, 14/15 weeks in length
  • The fees payable by Client to MIS for such swim/aquatic instruction are as stipulated on the MIS website, which fees are subject to change from time to time, and are charged per instructor on an hourly basis.
  • The Client agrees to pay the fees to MIS in accordance with the payment terms as stipulated on the MIS website. A late penalty of Five Dollars($5.00) per week shall apply on any unpaid balance .Payment for lessons shall be by way of credit card through the MIS website.
  • Clients may re-schedule lessons provided that a notice of at least twenty-four (24) hours is given to MIS. Same day cancellations without proper notice shall not be refunded. Client may re-schedule no more than two lessons per ten week session. It is understood that should the Client cancel more than two lessons, then any such cancelled lesson will not be re-scheduled, nor refunded.
  • MIS shall in no way be responsible for the cancellation of lessons due to the closing of the Pool for any reason whatsoever. MIS shall promptly inform the Client of any such cancellation due to Pool closing, and shall re-schedule the lessons.
  • Upon cancellation of swimming lessons, a full refund will be given of the remaining classes minus $5 per class (30min) or $10 per class (60min) administrative fee. In the case that doctor's note is provided, the administrative fee can be waived at the administrators discretion.
  • The Client hereby acknowledges that he/she and Client's child(ren) shall abide by all safety and Pool regulations , failing which MIS shall have the right to terminate this contract. The Client also agrees to abide by the additional rules and regulations annexed to this Agreement as Schedule A and forming an integral part hereof.
  • The Client, personally and on behalf of any minor child(ren), hereby assumes all risks relating to the swimming lessons, whether inherent therein or foreseeable or not, and hereby releases MIS, its employees, and the operator/owner of the Pool from, and waive and renounce to, any claim for injury, death, loss or damage to person or property, however arising, to the complete exoneration of MIS and the operator/owner of the Pool. MIS will only be responsible for damages arising from the intentional fault or gross negligence of its employees. The Client agrees to save MIS and the owner/operator of the Pool harmless from any such claim in principal, interest and costs. MIS and the owner/operator of the Pool are not liable for any material prejudice suffered by Client and persons related to Client, including but not limited to, theft or loss of items.
  • In situations where emergency medical services are required, such as an ambulance, the entire cost of same shall be borne by the Client. The Client hereby authorizes, at his/her expense, whatever medical treatment his/her child may require, as reasonably determined by the representative of MIS, in the event of an emergency.
  • MIS shall have the right to terminate this contract at any time in the event that Client or his/her child(ren) should fail to respect any of the terms and conditions hereof, including the regulations attached hereto, and this without any claim or recourse by the Client against MIS.
  • All information concerning lessons and scheduling shall be communicated in a timely manner by way of e-mail or telephone. The contact information for MIS is as follows:
    MIS: contact Adam Di Fulvio
    tel: (514) 294-8259
    e-mail: info@swim-montreal.com
  • This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, and the courts of the Province of Quebec, judicial district of Montreal, shall have exclusive jurisdiction with regard to any and all disputes arising from or relating to these presents.
  • If any provision or part of this Agreement is determined to be prohibited by, or invalid under applicable law, then such provision or part shall be deemed to be ineffective to the extent of such prohibition or invalidity. The remaining provisions of this Agreement shall remain in full force and effect.
  • The Parties understand and agree that this Agreement sets forth the entire agreement between the parties, and shall supercede any prior agreements existing between them, whether oral or written. The Parties hereby expressly acknowledge that the terms of this Agreement are valid and binding, and may not be modified or amended in any manner, save and except for a valid written agreement signed by both the parties hereto.
  • The parties hereto have requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont exigé que cette convention ainsi que tous documents ancillaires soient rédigés en anglais.
THIS AGREEMENT is entered into in the City and District of Montreal, on the date that the Client has indicated his/her consent to the terms and conditions contained herein.
Montreal Institute of Swimming Inc.
per: Adam Di Fulvio

The Client declares that he/she has read the foregoing Agreement and hereby indicates his/her acceptance of all of the terms and conditions contained therein by entering "I Agree to the terms and conditions."
The Client
SCHEDULE A

  • Only the Client or his/her child registered for the swim lesson may enter the Pool.
  • The Client and/or child may only enter the Pool during his/ her swim lesson.
  • The Client must provide his/her own towels, swimming caps, and goggles.
  • No food , drinks or glassware are permitted in the pool area.
  • Pool doors must not be propped open. All pool doors must remain closed.
  • Respect all posted Pool regulations.
  • Clients may not use any hotel services( computers, exercise facilities, etc) which are reserved for hotel guests only.
  • MIS reserves the right to use/post photos and videos taken during MIS operations.


AGREEMENT TO PROVIDE SPECIALIZED SWIMMING/ AQUATIC COURSES AND INSTRUCTION
BETWEEN: MONTREAL INSTITUTE OF SWIMMING INC., a body politic and corporate, duly incorporated according to law, having its head office and principal place of business located at 391 rue du Versant ,Pincourt, Province of Quebec, Canada J7V 9Y1, herein represented by Mr. Adam Di Fulvio, its President ,duly authorized, hereinafter referred to as
"MIS"
AND: THE CLIENT

WHEREAS MIS is involved in the business of providing both general and specialized swim/aquatic lessons and instruction to various partner pools, clubs, and individuals in the Montreal area, such specialized instruction includes swim team, water polo, synchronized swimming, and lifesaving courses; and the Client wishes to engage the services of MIS for purposes of providing such specialized swimming/aquatic instruction to its team;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
  • The preamble to the following Agreement shall form an integral part hereof as if recited at length herein for all legal purposes.
  • That for and in consideration of the fees to be paid by the Client to MIS as outlined herein below, MIS shall provide weekly/ bi-weekly specialized swim/aquatic instruction (one or more of the following: swim team, water polo, synchronized swimming, or lifesaving courses, coaching and instruction) to the Client at the location stipulated on the MIS website (hereinafter referred to as "the Pool").
  • The Client and MIS agree that the term of this Agreement shall be one or more sessions of swimming/aquatic instruction. The sessions offered by MIS are as follows (and are subject to change at any time):
    • Winter session: January to March, 10 weeks in length
    • Spring session: March to May, 10 weeks in length
    • Summer session, June to August, 8 weeks in length
    • Fall session, September to November, 14/15 weeks in length
  • The fees payable by Client to MIS for such swim/aquatic instruction are as stipulated on the MIS website, which fees are subject to change from time to time, and are charged per instructor on an hourly basis.
  • The Client agrees to pay the fees to MIS in accordance with the payment terms as stipulated on the MIS website. A late penalty of Five Dollars($5.00) per week shall apply on any unpaid balance .Payment for swim/aquatic instruction services shall be by way of credit card through the MIS website.
  • Clients may re-schedule no more than 1 lesson per session provided that a notice of at least twenty-four (24) hours is given to MIS. Same day cancellations without proper notice shall not be refunded. It is understood that should the Client cancel more than one lesson, then any such cancelled lesson will not be re-scheduled, nor refunded.
  • MIS shall in no way be responsible for the cancellation of lessons/services due to the closing of the Pool for any reason whatsoever. MIS shall promptly inform the Client of any such cancellation due to Pool closing, and shall re-schedule the lessons.
  • The Client hereby acknowledges that it must ensure the proper supervision of all members of its specialized swimming/aquatic classes at all times, and the adherence to all safety and Pool regulations , failing which MIS shall have the right to terminate this contract. The Client also agrees to abide by the additional rules and regulations annexed to this Agreement as Schedule A and forming an integral part hereof.
  • The Client hereby releases MIS, its employees, and the operator/owner of the Pool from, and waive and renounce to, any claim for injury, death, loss or damage to person or property, however arising, to the complete exoneration of MIS and the operator/owner of the Pool. MIS will only be responsible for damages arising from the intentional fault or gross negligence of its employees. The Client hereby agrees to save MIS and the owner/operator of the Pool harmless from any such claim by itself, or by any participant (or his/her parents or legal guardian if applicable) in its specialized swimming/aquatic classes, in principal interest and costs. MIS and the owner/operator of the Pool are not liable for any material prejudice suffered by Client and persons related to Client, including but not limited to, theft or loss of items.
  • The Client shall ensure that each and every participant in its specialized swimming/aquatic courses , and in the case of minors, their parents/guardians shall sign agreements containing the waiver and limitation of liability provided for in section 9 hereinabove. It is understood that in the event of an emergency, the Client and the participant (and/or his parents or guardian) in the swimming/aquatic classes shall be responsible for the cost of any ambulance.
  • MIS shall have the right to terminate this contract at any time in the event that the Client or the participants in its specialized swimming/aquatic courses should fail to respect any of the terms and conditions hereof, including the regulations attached hereto as Schedule A, and this without any claim or recourse by the Client against MIS.
  • All information concerning lessons and scheduling shall be communicated in a timely manner by way of e-mail or telephone. The contact information for MIS is as follows:
    MIS: contact Adam Di Fulvio
    tel: (514) 294-8259
    e-mail: info@swim-montreal.com
  • This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, and the courts of the Province of Quebec, judicial district of Montreal, shall have exclusive jurisdiction with regard to any and all disputes arising from or relating to these presents.
  • If any provision or part of this Agreement is determined to be prohibited by, or invalid under applicable law, then such provision or part shall be deemed to be ineffective to the extent of such prohibition or invalidity. The remaining provisions of this Agreement shall remain in full force and effect.
  • The Parties understand and agree that this Agreement sets forth the entire agreement between the parties, and shall supercede any prior agreements existing between them, whether oral or written. The Parties hereby expressly acknowledge that the terms of this Agreement are valid and binding, and may not be modified or amended in any manner, save and except for a valid written agreement signed by both the parties hereto.
  • The parties hereto have requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont exigé que cette convention ainsi que tous documents ancillaires soient rédigés en anglais.
THIS AGREEMENT is entered into in the City and District of Montreal, on the date that the Client has indicated its consent to the terms and conditions contained herein.
Montreal Institute of Swimming Inc.
per: Adam Di Fulvio

The representative of the Client declares that he/she has been duly authorized to enter into this Agreement on behalf of the Client, that he/she has read the foregoing Agreement and hereby consents to and accepts all of the terms and conditions contained therein, on behalf of the Client by entering "I Agree to the terms and conditions."
The Client
SCHEDULE A

  • Only the members of the specialized swimming/aquatic classes may enter the Pool, and not any accompanying parents/guardians.
  • The members of the specialized swimming/aquatic classes may only enter the Pool during the coaching/ instruction period.
  • The members of the specialized swimming/aquatic classes must provide their own towels, swimming caps, and goggles.
  • No food , drinks or glassware in the pool area.
  • Pool doors must not be propped open. All pool doors must remain closed.
  • Respect all posted Pool regulations.
  • Members of the specialized swimming/aquatic classes may not use any hotel services( computers, exercise facilities, etc) which are reserved for hotel guests only.