Agua Flow Mobile – Assumption of Risk, Release Liability & Terms & Conditions

For Swim Lessons, Lifeguard Services & Seasonal Programs

Assumption of Risk & Release of Liability

By signing this form, I acknowledge and agree that participation in swim lessons, private lifeguard services, and seasonal programs any services involve risks. These risks may include, but are not limited to: drowning, water-related injuries, physical exertion, slips and falls, weather conditions, marine life encounters, and other unforeseen hazards.

I certify that I (or my child/dependent) am able to swim independently, unless otherwise disclosed in advance for surf and open water lessons.

I voluntarily assume all risks, known and unknown, related to participation in any aquatic services provided by Agua Flow Mobile, even if such risks arise from the negligence of the company, its owners, instructors, lifeguards, employees, or affiliated parties.

I, for myself and on behalf of my child/dependent (if applicable), hereby release, waive, and discharge Agua Flow Mobile, its owners, instructors, lifeguards, employees, contractors, and representatives from any and all liability, claims, or demands for personal injury, illness, property damage, or death arising out of or related to participation in its services — except in cases of gross negligence or intentional misconduct.

Agreement of Terms & Conditions

By signing up for any Agua Flow Mobile services, you agree to the policies and guidelines provided on this page.

If you do not agree with these terms, please do not register for our services.

For any questions or concerns, feel free to contact us by email.

1. Participant Conduct & Safety Policy

All participants are expected to follow all program rules, facility regulations, and instructor guidelines at all times to ensure a safe, respectful, and supportive learning environment for everyone.

Agua Flow Mobile welcomes participants of all abilities, including individuals with intellectual disabilities or special needs. Reasonable accommodations may be provided when possible; however, participants must be able to engage safely in lessons with appropriate support as needed.

Disruptive, unsafe, or non-compliant behavior that compromises safety may result in immediate termination of the lesson without refund. Agua Flow Mobile reserves the right to refuse or discontinue service if policies are not followed.

Parents and guardians are responsible for the supervision of their children before and after each lesson.

2. Photo & Video Consent

By participating in Agua Flow Mobile programs, clients grant permission for photographs and videos to be used for promotional, educational, and marketing purposes, including print, digital, and social media platforms, without compensation. All media remains the property of Agua Flow Mobile.

Clients who do not wish to grant consent must notify Agua Flow Mobile prior to their first scheduled lesson.

3. Cancellation Policy

Swim Lesson Services

Standard Cancellations:
Cancellations must be made at least 24 hours prior to the scheduled lesson to be eligible for a reschedule or lesson credit.

Emergency Cancellations:
In the event of a verified emergency, clients must notify the instructor no later than 4 hours before the scheduled lesson start time to be considered for a reschedule. Emergency requests are reviewed on a case-by-case basis.

Late Cancellations & No-Shows:
Cancellations made outside the required notice window or failure to attend without notification will result in forfeiture of the lesson.

Instructor-Initiated Cancellations:
If a lesson is canceled by the instructor due to weather, safety concerns, or unforeseen circumstances, the lesson will be rescheduled or credited at no additional cost.

Weather & Pool Conditions:
Lessons may be postponed or canceled if weather or pool conditions are deemed unsafe. The instructor’s safety assessment is final.

Lesson Packages:
All package lessons must be used within the agreed program timeframe. Unused lessons due to missed or late cancellations are non-refundable.

Lifeguard Services

-In the event of thunder or lightning, lifeguards will immediately clear and close the pool.

-A minimum 30-minute waiting period from the last thunder or lightning occurrence will be observed.

-If weather conditions do not improve, the pool will remain closed for the remainder of the event.

-If lifeguard services are canceled due to weather after arrival, clients will be charged only for the time lifeguards were on site. Any remaining balance will be refunded.

Seasonal Group Swim Lessons

-Group lessons follow a fixed schedule.

-No make-up lessons are offered unless the cancellation is initiated by the instructor.

-Instructor-initiated cancellations will be rescheduled or credited when possible.

4. Lesson Payments

Full payment is required at least three (3) days prior to the first scheduled lesson, unless otherwise approved by Agua Flow Mobile.

Late payments without prior notice or a valid reason may be subject to an additional fee.

Failure to submit payment by the assigned due date, without communication, will result in forfeiture of the reserved lesson spot.

Early payment is strongly encouraged to secure scheduling and ensure uninterrupted service.

Accepted Payment Methods

Agua Flow Mobile accepts payments via:

-PayPal

-Credit/Debit Card

5. Small Group Lesson Policy

-Participants enrolling in small group lessons (2-4 participants) are responsible for forming their own groups.

-These are only permitted for our 30-minute lessons and 60-minute lessons.

-All participants must be of similar age and with similar swimming ability to ensure effective instruction.

-If an instructor determines that a participant would benefit from a different class placement or private lessons, families will be notified via email to discuss appropriate adjustments.

6. Refund Policy

Premium Mobile Services

-A full refund may be requested after the first lesson if the client is not satisfied.

-Requests must be submitted in writing via email, including the reason for cancellation.

-Clients will only be charged for lessons already completed.

-Refunds for participants unable to continue will follow the same policy.

Premium Mobile lesson packages are purchased by season. Exceptions may be considered under special circumstances.

7. Lesson Package Policy

-Lesson packages are non-transferable and must be used by the registered participant.

-Packages may not be shared or divided among individuals.

8. Travel Zone

Agua Flow Mobile is based in Wilmington, Leland & Hampstead. Locations outside this area may incur an additional travel fee, which will be added to the total service cost.

9. No-Show Policy

-If no cancellation notice is provided and the participant is not present upon the instructor’s arrival:

-The lesson will be marked as completed and deducted from the lesson package.

-If the participant does not arrive within 15 minutes, the lesson will be automatically canceled.

10. Lateness Policy

-Lessons begin promptly at the scheduled start time.

-Time missed due to late arrival will not be made up or rescheduled.

-Instructors will wait a maximum of ten (10) minutes for late arrivals. If the student arrives within this window, the lesson will proceed for the remaining scheduled time only.

-Late arrivals must have a valid reason. Repeated late arrivals may result in enforcement of standard cancellation policies.

11. Equipment

Agua Flow Mobile provides all necessary instructional equipment. Participants must bring:

-Appropriate swimwear

-Towel

-Swim diaper (if applicable)

-Goggles for intermediate and advanced swimmers

12. Parents & Young Participants

Participants 16 years of age and under must be accompanied by a supervising adult (18 years or older) for the duration of the lesson.

13. Lost Items

Agua Flow Mobile is not responsible for lost, stolen, or misplaced personal belongings.

I agree to follow all safety instructions, guidelines, and policies provided by Agua Flow Mobile. I understand that failure to comply may result in removal from the activity or service without refund.