1. Who We Are and What This Covers

Gilroy CHS Aquatics Center operates the site you are using and the in-person aquatic programs it lists (swim lessons, camps, certifications, facility passes, lane rentals, and pool-party bookings). Our business address is 850 Day Rd, Gilroy, CA, 95020. Contact: gilroy@swanaquatics.com.

These Terms of Service ("Terms") form a binding agreement between you and Gilroy CHS Aquatics Center. If you do not agree to any part of these Terms, do not use the site or register for our programs.

2. Eligibility and Account

You must be at least 18 years old to create an account. If you are registering a minor (under 18), you must be the minor's parent or legal guardian, and you are responsible for all activity under the account, including the accuracy of the information you provide about that minor.

You are responsible for keeping your account credentials confidential. Notify us promptly if you believe your account has been accessed without authorization.

3. Program Registration and Waivers

Registration for any program becomes binding when you complete checkout and receive a confirmation. Certain programs require you to sign a waiver of liability and (for minors) a parental consent before participation; the waiver is presented during checkout and is incorporated into these Terms by reference.

You represent that all information you provide — including participant age, medical conditions, allergies, and emergency contact — is accurate and complete. Omitting or misstating relevant medical information may compromise participant safety and is grounds for cancellation without refund.

4. Payments

All prices are in U.S. dollars and are the amounts displayed at checkout. Payments are processed by Stripe, Inc., and use of the site's payment features is also governed by Stripe's Services Agreement. We do not store your full payment card number; Stripe does.

Applicable California sales tax is collected where required.

5. Cancellations, Refunds, and Credits

Our cancellation and refund policy:

• Lesson cancellations by you — you may cancel a registration at any time before the lesson start time via your My Registrations page. Refunds for cancellations made at least 24 hours before the lesson are issued to the original payment method. Cancellations within 24 hours of the lesson start time are non-refundable, at our discretion.
• Camp and package cancellations — full refund if requested at least 7 days before the first session; 50% refund between 7 days and 48 hours before the first session; no refund within 48 hours. Partial attendance does not entitle you to a pro-rated refund.
• Passes (season, family, individual) — passes are non-refundable once activated. If a pass has not yet been used, we may, at our discretion, refund it within 14 days of purchase.
• Cancellations by us — if we cancel a program (weather closure, instructor unavailability, insufficient enrollment), you may choose a full refund or a credit of equal value applied to a future program.
• No-shows — marked no-show registrations are not refunded.

To request a cancellation or refund, use the self-service controls in your account or email gilroy@swanaquatics.com.

6. Facility Rules and Participant Conduct

While on Gilroy CHS Aquatics Center premises, participants and their guests must comply with posted facility rules and the instructions of lifeguards and staff. We reserve the right to refuse entry or dismiss a participant without refund for conduct that endangers the safety of others, violates posted rules, or is abusive to staff or other guests.

7. Photo and Media Release

From time to time we may photograph or record sessions for promotional or training purposes. At registration, you may opt in or out of a photo release for each participant. If you have not opted in, we will make reasonable efforts to exclude that participant from publicly-distributed imagery, but we cannot guarantee that incidental background footage is always caught.

8. Acceptable Use

You agree not to:

• Use the site to register under a false identity or impersonate another person.
• Attempt to access accounts or records that are not yours.
• Reverse-engineer, scrape, or overload the site.
• Use the site for any unlawful purpose or in violation of these Terms.

9. Intellectual Property

The site's content, design, logos, and software are owned by Gilroy CHS Aquatics Center or its licensors and are protected by U.S. and international copyright and trademark law. You may use the site only for its intended personal and business purposes as a customer. No other rights are granted.

10. Disclaimers

Swimming and aquatic activity carry inherent risks, including serious injury and drowning. You voluntarily assume those risks as a participant or on behalf of a participant you enroll. Our staff take reasonable precautions but cannot guarantee safety.

THE SITE AND PROGRAMS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS REQUIRED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GILROY CHS AQUATICS CENTER AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PARTICIPATION IN OUR PROGRAMS. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

California Civil Code § 1542 provides that a general release does not extend to claims the releasing party does not know or suspect to exist in their favor at the time of the release. Nothing in these Terms waives rights that cannot be waived under California law.

Nothing in these Terms limits liability for (a) gross negligence or willful misconduct, (b) fraud, or (c) any other liability that cannot be limited under California law.

12. Indemnification

You agree to indemnify and hold Gilroy CHS Aquatics Center harmless from any third-party claim arising out of (a) your breach of these Terms, (b) your misuse of the site, or (c) conduct by you or a participant you enrolled that injures another person or damages property. This does not apply to claims arising from our gross negligence or willful misconduct.

13. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any action or proceeding arising out of or related to these Terms or the programs will be brought exclusively in the state or federal courts located in Santa Clara County, California, and each party consents to personal jurisdiction and venue in those courts.

14. Dispute Resolution

Before filing a legal action, you agree to first contact gilroy@swanaquatics.com to attempt a good-faith resolution. If the dispute is not resolved within 30 days, either party may proceed to court as provided above. Nothing in this section waives your statutory rights to pursue small-claims remedies or to file a complaint with a government agency.

15. Termination

You may close your account at any time by emailing us. We may suspend or terminate your access for breach of these Terms, conduct that endangers participants or staff, or non-payment. Terms that by their nature should survive termination (payment obligations, disclaimers, limitation of liability, governing law) will survive.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised effective date. Continued use of the site after the revised effective date constitutes acceptance. If you do not agree to a change, stop using the site and contact us to close your account.

17. Contact

Questions about these Terms? Email gilroy@swanaquatics.com or write to Gilroy CHS Aquatics Center, 850 Day Rd, Gilroy, CA, 95020.