Swim by Summer — First Lesson Free

TURTLE COVE SWIM ACADEMY

POLICIES, PROCEDURES, WAIVER & RELEASE OF LIABILITY, AND FEE AGREEMENT

To ensure a safe, rewarding, and developmentally appropriate swim experience for every student, Turtle Cove Swim Academy requires all families to review and agree to the following terms.

CANCELLATION & WITHDRAWAL POLICY

Turtle Cove Swim Academy enforces a strict 30-day cancellation policy.
To withdraw a student from any program after lessons have begun, families must submit a written request via email to info@turtlecoveswimacademy.com, including the parent’s full name and the student’s full name.
Notice must be received at least 30 days before the intended cancellation date. No exceptions will be made.

TUITION & BILLING

Monthly Swim Academy Program:

• Tuition is billed on the 1st of each month until a written withdrawal notice is received.
• Upon registration, families are billed for the first month’s tuition.
• Programs typically include 4 or 8 lessons per month.
• Payment Methods
• Turtle Cove Swim Academy accepts electronic payments only via credit or debit card. We cannot accept cash at the facility.
• Families are responsible for maintaining a valid payment method.
• If payment fails and cannot be collected, Turtle Cove reserves the right to withdraw the student from lessons at its sole discretion.

REFUNDS & CANCELLATIONS

• A full refund will be issued only if cancellation occurs within 24 hours of initial registration and payment.
• No refunds will be granted after this period, regardless of reason.
• Enrollment reserves a high-demand slot; tuition is retained even if the student does not attend.

MAKE-UP LESSONS

• Students may receive one (1) make-up lesson per calendar month due to absence.
• Make-up lessons must be completed within three (3) weeks of the missed session and are subject to instructor and time slot availability.
• No credits/refund(s) will be issued for missed make-up lessons.

SWIMWEAR & DIAPER POLICY

• All students must wear swimsuits and are permitted to wear water shoes if they choose to.
• Children under three (3) years old or not fully potty-trained must wear swim diapers.

PARENT OBSERVATION

Parents must remain on-site during lessons and observe from the designated viewing area unless otherwise directed by the instructor. To speak with an instructor, please coordinate through the front desk to avoid disrupting lessons.

CRYING CHILDREN

If a child becomes upset, instructors will work to redirect focus and build trust. Unless invited by the instructor, parents should remain in the viewing areas during these moments to support the learning process.

COMMUNICATIONS

By signing or electronically agreeing to this document, you consent to receive email and SMS communications (standard messaging rates may apply) regarding your account, lesson updates, promotions, and general academy information.

GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Each party expressly and irrevocably agrees to the following:

• Any legal action, suit, or proceeding arising out of or relating to this Agreement—including all policies, procedures, waivers, releases, and fee terms—shall be brought exclusively in the County or Circuit Court located in Johns County, Florida.
• Each party waives any objection to venue or jurisdiction in such courts, whether now or in the future.
• Each party consents to the personal jurisdiction of the County or Circuit Court in St. Johns County, Florida, for any such legal action.
• Each party knowingly and voluntarily waives the right to a jury trial for any claim or cause of action arising from or related to this Agreement or any related representation, offering, statement, or transaction.

WAIVER & RELEASE OF LIABILITY

Please read carefully. This section includes the release of liability and waiver of certain legal rights.

By visiting this site, registering, accepting, paying for, or participating in lessons, you acknowledge and accept the following:

I am the parent or legal guardian of the participant(s) enrolled in swim lessons or survival aquatics. I understand that swimming is a potentially hazardous activity and acknowledge the inherent risks, which may include—but are not limited to—minor injuries, serious injuries, paralysis, or death.

Accordingly, I, individually and on behalf of the participant, voluntarily assume all risks and hereby waive, release, indemnify, and hold harmless:

• Plumbline Group LLC, dba Turtle Cove Swim Academy
• Swim Ventures, Inc., dba Swimfun Academy & Survival Aquatics
• All affiliated entities, licensees, franchisees, owners, directors, officers, agents, employees, representatives, successors, and assigns
• Any facility at which programs are conducted and its respective owners, directors, officers, agents, employees, representatives, successors, and assigns (collectively, the “Released Parties”) from all claims, liabilities, losses, damages, injuries, or costs—including reasonable attorneys’ and expert fees—arising out of or related to participation in any program or presence at any facility.

This waiver applies to ordinary negligence but does not apply to gross negligence, willful misconduct, or criminal acts.

EMERGENCY MEDICAL AUTHORIZATION

In the event of a medical emergency involving the participant, I authorize:

• Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy
• Any affiliated franchisee or facility conducting a Turtle Cove Swim Academy or Swimfun Academy program
• Their respective officers, employees, or agents are to secure emergency medical treatment from any licensed physician or healthcare facility on behalf of the participant. I agree to be solely responsible for all costs associated with such treatment, including transportation and medical facility charges. I further acknowledge that none of the above parties shall be held liable for exercising this authority in good faith.

CONSENT TO USE OF IMAGE OR LIKENESS

I understand that photography, audio, and video recordings may be taken during lessons or events for promotional purposes. I understand that I have the right not to grant permission and need to inform staff of these wishes.
If I grant permission, individually and on behalf of the participant and any family members present, for:

• Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics
• Turtle Cove Swim Academy
• Their affiliates and franchisees

to use our image, likeness, voice, or statements in promotional materials, including but not limited to printed publications, digital content, and social media, in any format now known or developed in the future.

 

COMPREHENSIVE ACKNOWLEDGMENT

I have read and fully understand the terms outlined above. By clicking “Accept,” registering, or continuing participation, I acknowledge that this Agreement governs my relationship and the participant’s relationship with Turtle Cove Swim Academy and Swimfun Academy & Survival Aquatics.

This Agreement supersedes any prior written or oral agreements and remains valid and enforceable regardless of future changes in business name, ownership, or entity structure. I waive any right to claim exemption from these terms due to such changes and affirm my continued acceptance without the need for re-execution.

 

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Agreement to Receive Text Messages

 

By providing your mobile number, you agree that SimpleTexting and Turtle Cove Swim Academy may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.

• You will receive up to 4 messages per month.
• You may unsubscribe at any time by texting the word STOP to (904) 871-9718. You may receive a subsequent message confirming your opt-out request.
• For help, send the word HELP to (904) 871-9718.
• Message and data rates may apply.
• United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
• T-Mobile is not liable for delayed or undelivered messages.
• You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
• Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
• By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.

If you have any questions please contact Chris at (904) 871-9718.

 

Will I be charged for the text messages I receive?

Though SimpleTexting will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.

 

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TXT MESSAGE PRIVACY POLICY ( in collaboration with SimpleTexting)

Data

We collect personal and activity data, which may be linked.
We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.

 

We also may collect personally identifiable information that you provide to us, such as your name, address, phone number or email address. With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook.

 

Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).

We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

 

Location

We may collect and share anonymous location data.To customize our service for you, we and our partners may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used only to provide and improve our service. We may obtain your consent on your first use of the service.

 

Access

You can request to see or delete your personal data. You can sign into your account to see or delete any personally identifiable information we have stored, such as your name, address, email or phone number. You can also contact us by email to request to see or delete this information.

 

Deletion

We may keep data indefinitely.

 

Sharing

We may share personal data with companies we trust.

We may share personally identifiable information (such as name, address, email or phone) with trusted partners in order to provide you with relevant advertising, offers or services.

California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. Contact us for this information: turtlecoveswimacademy@gmail.com.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

Ad Tracking

Ad companies collect anonymous data. You can opt out.
Ad companies may use and collect anonymous data about your interests to customize content and advertising here and in other sites and applications. Interest and location data may be linked to your device, but is not linked to your identity.

 

Contact

You can ask privacy questions.
If you have any questions or concerns about our privacy policies, please contact us: turtlecoveswimacademy@gmail.com.

 

Vendors

Service providers access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

 

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.

Vendors access data on our behalf.

In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

Analytics providers access data on our behalf.

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.

 

Special

Special situations may require disclosure of your data.
To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.

 

Our privacy policy may change from time to time.

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Privacy Policy

This Privacy Policy (“Policy”) applies to Swim Registration and Inquiry Form, and Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy (“Company”) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Company include https://turtlecoveswimacademy.com. The Company’s application is a swim lesson registration or inquiry application. By using the Company application, you consent to the data practices described in this statement.

California Consumer Privacy Act and California Privacy Rights Act

If you are a California resident, you have the following rights under the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”):

• Right to Know. You may request details on what personal data we collect, use, and share.

• Right to Delete. You can request deletion of personal data, subject to certain legal exceptions. • Right to Correct. You may request corrections to inaccurate personal information. • Right to Opt-Out. You can opt out of the sale or sharing of personal data for advertising. • Right to Restrict Sensitive Data Use. You may limit the use of sensitive personal information. • Right Against Retaliation. The Company will not discriminate against you for exercising your rights.

Collection of your Personal Information

In order to better provide you with products and services offered, the Company may collect personally identifiable information, such as your:

• First and last name
• Mailing address
• Email address
• Phone number

 

If you purchase the Company’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information 

The Company collects and uses your personal information in the following ways: 

• to operate and deliver the services you have requested
• to provide you with information, products, or services that you request from us
• to provide you with notices about your account
• to carry out the Company’s obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection
• to notify you about changes to Swim Registration and Inquiry Form or any products or services we offer or provide through it
• in any other way we may describe when you provide the information
• for any other purpose with your consent.

The Company may also use your personally identifiable information to inform you of other products or services available from the Company and its affiliates.

Sharing Information with Third Parties

The Company does not sell, rent, or lease its customer lists to third parties.

The Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information.

The Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and/or (c) act under exigent circumstances to protect the personal safety of users of the Company, or the public.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.

Under the CCPA and CPRA, you have the right to request that the Company, and any third parties with whom your personal information is sold or shared, delete any personal information that has been collected about you. To exercise your rights, contact us at turtlecoveswimacademy@gmail.com.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, and provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.Children Under Thirteen

The Company follows the principles of the Children’s Online Privacy Protection Act (“COPPA”), the GDPR, and any other local laws pertaining to the collection of children’s data. Any accounts or subscriptions created for users known to be children will involve parental notification and/or consent.

The Company collects personally identifiable information from children under the age of 13.

Email Communications

From time to time, the Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from the Company or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from the Company, you may opt out of such communications by clicking unsubscribe or replying to the email.

External Data Storage Sites

We may store your data on servers provided by third-party hosting vendors with whom we have contracted.

Changes to This Statement

The Company reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you. You may receive a notice by sending an email to the primary email address specified in your account, by placing a prominent notice on our Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy, and/or by updating any privacy information. Your continued use of the application and/or services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

The Company welcomes your questions or comments regarding this Policy. If you believe that the Company has not adhered to this Policy, please contact the Company at:

Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy

14797 Philips Highway, Suite 105

Jacksonville, Florida 32256

Email Address:

turtlecoveswimacademy@gmail.com

Phone Number:

904-595-6780

Effective as of January 01, 2025

 

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Terms and Conditions

 

Agreement between User and https://turtlecoveswimacademy.com

Welcome to https://turtlecoveswimacademy.com. The https://turtlecoveswimacademy.com website (the “Site”) is comprised of various web pages operated by Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy (“Turtle Cove Swim Academy”). https://turtlecoveswimacademy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://turtlecoveswimacademy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

https://turtlecoveswimacademy.com is an E-Commerce Site.

 

Lead generation for swimming lesson facility

 

Privacy

Your use of https://turtlecoveswimacademy.com is subject to Turtle Cove Swim Academy’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting https://turtlecoveswimacademy.com or sending emails to Turtle Cove Swim Academy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Turtle Cove Swim Academy is not responsible for third party access to your account that results from theft or misappropriation of your account. Turtle Cove Swim Academy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Turtle Cove Swim Academy collects personally identifiable information from children under the age of thirteen. Turtle Cove Swim Academy collects this information for the following reason(s):

 

swimming lesson inquiries and registrations, to get kids in the best class for their skill level

 

We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://turtlecoveswimacademy.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

CANCELLATION & WITHDRAWAL POLICY
Turtle Cove Swim Academy enforces a strict 30-day cancellation policy.
To withdraw a student from any program after lessons have begun, families must submit a written request via email to info@turtlecoveswimacademy.com, including the parent’s full name and the student’s full name.
Notice must be received at least 30 days before the intended cancellation date. No exceptions will be made.

 

Links to Third Party Sites/Third Party Services

https://turtlecoveswimacademy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Turtle Cove Swim Academy and Turtle Cove Swim Academy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Turtle Cove Swim Academy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Turtle Cove Swim Academy of the site or any association with its operators.

 

Certain services made available via https://turtlecoveswimacademy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://turtlecoveswimacademy.com domain, you hereby acknowledge and consent that Turtle Cove Swim Academy may share such information and data with any third party with whom Turtle Cove Swim Academy has a contractual relationship to provide the requested product, service or functionality on behalf of https://turtlecoveswimacademy.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use https://turtlecoveswimacademy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Turtle Cove Swim Academy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Turtle Cove Swim Academy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Turtle Cove Swim Academy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Turtle Cove Swim Academy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Turtle Cove Swim Academy or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

You will be able to connect your Turtle Cove Swim Academy account to third party accounts. By connecting your Turtle Cove Swim Academy account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Turtle Cove Swim Academy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Turtle Cove Swim Academy Content accessed through https://turtlecoveswimacademy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Turtle Cove Swim Academy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Turtle Cove Swim Academy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Turtle Cove Swim Academy in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Turtle Cove Swim Academy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLUMBLINE GROUP LLC, DBA SWIMFUN ACADEMY & SURVIVAL AQUATICS, TURTLE COVE SWIM ACADEMY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

PLUMBLINE GROUP LLC, DBA SWIMFUN ACADEMY & SURVIVAL AQUATICS, TURTLE COVE SWIM ACADEMY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PLUMBLINE GROUP LLC, DBA SWIMFUN ACADEMY & SURVIVAL AQUATICS, TURTLE COVE SWIM ACADEMY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUMBLINE GROUP LLC, DBA SWIMFUN ACADEMY & SURVIVAL AQUATICS, TURTLE COVE SWIM ACADEMY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLUMBLINE GROUP LLC, DBA SWIMFUN ACADEMY & SURVIVAL AQUATICS, TURTLE COVE SWIM ACADEMY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction 

Turtle Cove Swim Academy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Turtle Cove Swim Academy as a result of this agreement or use of the Site. Turtle Cove Swim Academy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Turtle Cove Swim Academy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Turtle Cove Swim Academy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Turtle Cove Swim Academy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Turtle Cove Swim Academy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Turtle Cove Swim Academy reserves the right, in its sole discretion, to change the Terms under which https://turtlecoveswimacademy.com is offered. The most current version of the Terms will supersede all previous versions. Turtle Cove Swim Academy encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Turtle Cove Swim Academy welcomes your questions or comments regarding the Terms:

 

Plumbline Group LLC, dba Swimfun Academy & Survival Aquatics, Turtle Cove Swim Academy

14797 Philips Highway, Suite 105

Jacksonville, Florida 32256

 

 

Email Address:

turtlecoveswimacademy@gmail.com

 

Telephone number:

(904) 595-6780

 

Effective as of January 01, 2025