Terms & Conditions

Aqua Fit LLC - Terms and Conditions for "Your Pool, Your Pace" Swim Course

1. Introduction

Welcome to Aqua Fit LLC's (“we” or “our”) "Your Pool, Your Pace" swim course. By enrolling in and using our services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully. If you do not agree to these terms, you should not enroll in or use our services.

2. Eligibility

You must be at least 18 years old to enroll in the "Your Pool, Your Pace" swim course. If you are under 18, a parent or guardian must enroll on your behalf and agree to these terms and conditions.

3. Service Description

The "Your Pool, Your Pace" swim course is an online instructional program designed to provide swim training that participants can perform at their own pools. The course includes video tutorials, written materials, and other resources.

4. Medical Disclaimer

- **Consultation with Healthcare Provider:** It is your responsibility to consult with a healthcare provider before starting any new swim program, including the "Your Pool, Your Pace" swim course. Aqua Fit LLC is not responsible for any health issues that may arise from participating in this course.

- **No Medical Advice:** The content provided in the course is for educational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

5. Limitation of Liability

- **Assumption of Risk:** By enrolling in this course, you acknowledge and accept the inherent risks associated with swimming and physical exercise, including but not limited to the risk of injury, drowning, or death.

- **Release of Liability:** To the fullest extent permitted by law, you agree to release, waive, discharge, and hold harmless Aqua Fit LLC, its officers, directors, employees, and agents from any and all liability, claims, demands, or causes of action arising out of or related to your participation in the "Your Pool, Your Pace" swim course.

- **Indemnification:** You agree to indemnify and hold Aqua Fit LLC harmless from any claims, losses, damages, liabilities, including legal fees, arising out of your use or misuse of the course materials or your violation of these terms and conditions.

-**Consequential Damages Waiver and Limitation:** Notwithstanding the foregoing, if the above Release of Liability is found to be unenforceable, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense, and
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your use of the "Your Pool, Your Pace" swim course and/or associated materials.

-**Disclaimer of Warranties: Our "Your Pool, Your Pace" swim course and/or associated materials are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. 

6. International Use

- **Compliance with Laws:** You agree to comply with all applicable laws and regulations regarding online conduct and acceptable content. Aqua Fit LLC makes no representation that the course materials are appropriate or available for use in all locations, and accessing them from territories where their content is illegal is prohibited.

- **Export Control:** You acknowledge that the materials provided in the course may be subject to United States export laws and regulations. You agree not to export or re-export the materials, directly or indirectly, to any countries that are subject to U.S. export restrictions.

7. Intellectual Property

- **Ownership:** All content provided in the "Your Pool, Your Pace" swim course, including but not limited to videos, written materials, graphics, and logos, are the intellectual property of Aqua Fit LLC and are protected by copyright and other intellectual property laws.

- **License:** We own everything we’ve put into the "Your Pool, Your Pace" swim course unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our course. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. Aqua Fit LLC grants you a limited, non-exclusive, non-transferable license to access and use the course materials for your personal, non-commercial use only. Any unauthorized use of the materials is prohibited.

8. Privacy Policy

Your privacy is important to us. Please review our [Privacy Policy](#) to understand how we collect, use, and protect your personal information.

9. Changes to Terms and Conditions

Aqua Fit LLC reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the course after any changes are posted constitutes your acceptance of the new terms and conditions.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. Any disputes arising from these terms and conditions or your use of the "Your Pool, Your Pace" swim course will be resolved in the state or federal courts located in Florida.

11. Contact Information

If you have any questions or concerns about these terms and conditions, please contact us at:

Aqua Fit LLC  
[email protected] 
+ (786) 545-6227

By enrolling in the "Your Pool, Your Pace" swim course, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.