Terms of Service

TERMS OF SERVICE KST Swim Mentor and Coaching LLC 1209 Mountain Road Pl NE, Ste R Albuquerque, NM 87110, USA https://kstswim.com Effective September 8, 2026 1. ACCEPTANCE OF TERMS By accessing the website https://kstswim.com, requesting information about our services, or engaging with KST Swim Mentor and Coaching LLC (the "Company," "we," "us," or "our"), you ("you," "your," or "participant") agree to be bound by these Terms of Service. If you do not agree to all terms and conditions, do not use the website or purchase our services. Your continued use of the website or participation in our services constitutes acceptance of these terms. 2. WHO WE ARE KST Swim Mentor and Coaching LLC is a New Mexico limited liability company domiciled in the United States. We are not a healthcare provider, medical clinic, or licensed medical facility. Our legal address is 1209 Mountain Road Pl NE, Suite R, Albuquerque, New Mexico 87110, USA. For inquiries, please visit the contact page on our website. 3. NATURE OF OUR SERVICES We provide swimming development services at all levels, from grassroots introduction to high-performance coaching. Our services include: - Technical development for swimmers of various ages and abilities; - Mentoring and professional development for coaches; - Programme planning and coaching philosophy consultation; - Clinics and camps focused on skill development and athlete education; - Audits and strategic consultancy for swimming clubs, associations, and organisational structures. All services provided by the Company are coaching and sports education services only. We do not provide medical advice, diagnosis, treatment, or healthcare services of any kind. Nothing in our services, materials, or communications constitutes medical advice or a substitute for consultation with a qualified healthcare professional. 4. ELIGIBILITY AND PARTICIPATION 4.1 Age and Parental Consent Participants under 18 years of age must have written parental or legal guardian consent to participate in any Company service. If a participant is affiliated with a club or school, consent from that organisation may be required in addition to parental consent. The responsible adult must acknowledge receipt and understanding of these Terms of Service and any waiver or safety information provided by the Company. 4.2 Health and Medical Fitness All participants are solely responsible for assessing their own fitness to participate in swimming and aquatic coaching activities. Swimming is a sport that carries inherent physical risks. Participants must be fit enough to engage in physical exertion, including swimming, dryland training, and educational activities. Participants with known medical conditions, recent injuries, medications affecting balance or coordination, pregnancy, or any health concern that could affect their safety in or around water must disclose such information to their own qualified medical advisor and obtain medical clearance before participation. This responsibility rests entirely with the participant and their medical provider. The Company does not conduct medical assessments and does not determine medical fitness. 4.3 Participation Agreement By participating, you confirm that you (or the participant, if you are their parent or guardian) are physically fit to engage in swimming coaching and training, have disclosed all relevant health information to appropriate medical professionals, and have obtained any necessary medical clearance. 5. ASSUMPTION OF RISK IN SPORT ACTIVITIES Swimming and water-based training involve inherent risks of physical injury, drowning, cardiovascular stress, collision, and other harms. Participants acknowledge and accept these risks as a condition of participation. You assume all risks of personal injury, death, or property damage arising from participation in Company services, including but not limited to: - Instruction in or practice of swimming techniques; - Dryland training and physical conditioning; - Use of pools and aquatic facilities; - Participation in clinics, camps, or group activities; - Travel to and from training venues. You participate voluntarily and with full knowledge of the risks involved. The Company provides coaching and education services in compliance with industry standards; however, we cannot eliminate inherent risks of sport. You agree to participate at your own risk. 6. FEES AND PAYMENT Fees for all services are determined on an engagement-by-engagement basis and are specified in writing before or at the point of purchase. Fees may vary depending on the nature of the service, duration, location, participant number, and facility requirements. Specific pricing, payment terms, cancellation policies, and refund conditions for each clinic, camp, mentoring engagement, or consultancy are detailed in the written service proposal or agreement provided for that engagement. No service will commence until the written agreement is executed and any required deposit or payment is received. All fees must be paid in the currency and by the method specified in the written agreement. Late payments may incur additional charges as permitted by law and specified in the agreement. 7. CANCELLATION, REFUNDS, AND RESCHEDULING 7.1 Refund and Cancellation Policy Cancellation and refund terms are set out in the written service agreement for each engagement. You are entitled to review these terms before committing to any purchase. 7.2 European Union Right of Withdrawal If you are a consumer located in the European Union or any member state, you have the right to withdraw from a distance contract within 14 calendar days without penalty and without giving reason, except where the service has already begun with your express consent and written acknowledgment. To exercise withdrawal rights, contact the Company using the contact form on the website. Withdrawal requests must be made within the 14-day period. If services have commenced with your written consent, the right of withdrawal does not apply, and you remain liable for fees incurred up to the point of withdrawal. 7.3 Rescheduling Events, clinics, or camps may be rescheduled, postponed, or cancelled by the Company in the event of: - Unavailability, closure, or technical failure of the scheduled pool facility; - Insufficient participant enrolment; - Acts of God, severe weather, public emergency, or other force majeure events; - Illness or unavailability of essential coaching personnel. In such cases, the Company will offer an alternative date or, if no alternative is feasible, a full refund of fees paid. Notice of rescheduling will be provided as promptly as circumstances allow. 8. NO GUARANTEE OF SPORTING RESULTS The Company does not guarantee or promise any particular sporting outcome, including but not limited to: - Specific race times or performance improvements; - Selection to teams, schools, or competitive programmes; - Achievement of medals, rankings, or competitive success; - Advancement to higher levels of competition; - Team selection or continuance of membership in any organised programme. Coaching and training are provided in good faith to develop technique, knowledge, and athletic capacity. Results depend on many factors outside the Company's control, including the participant's individual effort, genetics, training consistency, nutrition, sleep, recovery, and competitive conditions. Participation in a clinic, camp, or mentoring engagement is not a guarantee of future opportunity, funding, or team placement. The Company's role is educational and developmental. 9. INTELLECTUAL PROPERTY 9.1 Company Materials All coaching methodologies, session plans, drills, training materials, educational content, videos, documents, and intellectual property created or developed by the Company remain the exclusive property of the Company. This includes but is not limited to: - Coaching philosophies and technical frameworks; - Programme designs and planning templates; - Educational materials and instructional videos; - Audit reports and consultancy recommendations; - Written guidance and digital content. 9.2 Limited Licence Participants and attendees are granted a limited, non-exclusive, personal licence to access and use Company materials for the participant's own education and non-commercial use during the engagement and thereafter. This licence does not permit: - Commercial use or resale; - Reproduction or distribution to third parties; - Modification or derivative works; - Use on competing websites or platforms; - Public performance or broadcasting. Coaches and clubs participating in mentoring or consultancy may use materials provided as part of the engagement for internal, non-commercial training purposes only. 9.3 Breach Unauthorised use, reproduction, or distribution of Company intellectual property is a violation of these terms and applicable copyright law. The Company reserves all legal remedies available. 10. IMAGE RIGHTS AND PHOTOGRAPHY No photographs, video recordings, or images of participants will be taken without express written consent. If the Company or a partner organisation wishes to photograph or video record an event or activity, participants (or their parents or guardians, for minors) will be informed in advance and given the opportunity to opt out. Written consent forms will clearly identify the intended use of images (e.g., website, social media, promotional materials). Participants may withdraw consent at any time by notifying the Company in writing. The Company does not consent to participants or attendees recording coaching sessions for commercial use or distribution without separate written agreement. 11. THIRD-PARTY FACILITIES The Company often conducts services at pools, training facilities, and venues owned or operated by third parties. The Company is not responsible for: - The condition, safety features, or maintenance of third-party facilities; - Compliance with local building codes or safety regulations by facility operators; - Accident or injury occurring due to facility defects or operator negligence; - Loss or theft of personal property at facilities; - Policies, rules, or restrictions imposed by facility operators. You agree to comply with all rules, policies, and safety guidelines of each facility. The Company recommends that you review the facility's own terms and insurance coverage before participation. 12. DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED IN WRITING IN A SIGNED SERVICE AGREEMENT, THE COMPANY PROVIDES SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: - Services will achieve any particular competitive result; - Coaching will cure technique problems or injury-related limitations; - Facilities will be perfectly maintained or accident-free; - Outcomes will match participant or parent expectations; - Services will be uninterrupted or free from errors. Participation is at your own risk and discretion. 13. LIMITATION OF LIABILITY 13.1 Cap on Damages Except for claims arising from the Company's gross negligence, willful misconduct, or breach of mandatory consumer protections, the Company's total liability to you for any claim or cause of action shall not exceed the total fees paid by you to the Company in the 12 months preceding the claim or incident giving rise to the claim. 13.2 Excluded Damages IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13.3 Mandatory Consumer Rights Nothing in these terms limits or excludes any mandatory consumer rights, statutory guarantees, or protections afforded to consumers under the law of your country of residence, including but not limited to rights under EU consumer protection directives or Spanish consumer law. If you are a consumer, you retain all mandatory rights that cannot be waived by contract. 14. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company and its members, managers, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: - Your participation in Company services; - Your violation of these Terms of Service; - Your violation of any applicable law or third-party right; - Personal injury, death, or property damage you cause or that occurs during your participation; - Your negligence, recklessness, or intentional misconduct. This indemnification obligation does not apply to claims arising solely from the Company's gross negligence or willful misconduct. 15. TERMINATION The Company reserves the right to terminate or suspend your participation in any service, access to the website, or future engagements if you: - Violate these Terms of Service or any service agreement; - Engage in behaviour that endangers the safety of others; - Refuse to follow coaching instruction or facility rules; - Engage in harassment, discrimination, or abuse; - Fail to pay fees when due. Termination is effective immediately upon notice. Upon termination, your right to use Company materials and access to services ceases immediately. Refund eligibility following termination is governed by the applicable service agreement. 16. GOVERNING LAW AND DISPUTE RESOLUTION 16.1 Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its choice-of-law principles. However, nothing in this section waives or limits any mandatory consumer rights or protections you possess under the law of your country of residence. 16.2 Good-Faith Negotiation Before initiating any legal action or arbitration, you and the Company agree to attempt to resolve disputes through good-faith negotiation. Contact the Company using the contact form on the website to initiate dispute resolution discussions. 16.3 Consumer Rights If you are a consumer located in the European Union or a member state, you retain the right to pursue disputes through local consumer protection mechanisms, small claims courts, or other legal remedies available in your country. Nothing in these terms requires you to waive local consumer protections or mandatory rights. 16.4 Jurisdiction Subject to mandatory local consumer protections, you consent to the exclusive jurisdiction of the courts of New Mexico, USA, for any claim arising from these Terms of Service or Company services. 17. CHANGES TO THESE TERMS The Company may modify these Terms of Service at any time. Changes become effective upon posting to the website. Your continued use of the website or participation in services following publication of changes constitutes acceptance of the modified terms. Material changes that adversely affect your rights will be communicated via email or prominent notice on the website where practicable. If you do not accept modified terms, you must discontinue use of the website and services. 18. CONTACT For inquiries about these Terms of Service, questions regarding our services, requests to exercise privacy or consumer rights, or to initiate dispute resolution, please visit the contact page on our website at https://kstswim.com or contact us at the address listed above. --- Document prepared for KST Swim Mentor and Coaching LLC Effective: September 8, 2026