These Terms and Conditions ("T&C") constitute a legal agreement between you, the customer ("Customer", "Member", "You", "Your") and Brigantine Aquatic Center, LLC ("Center", "We", "Our", "Us"), located at 3118 Bayshore Ave, Brigantine, NJ 08203, Atlantic County. Please read these T&C carefully.
1. Services Provided
1.1 Our main service is maintaining a heated indoor swimming pool and locker facilities for members. The pool is available for lap swimming, and we also offer a variety of swimming programs and lessons.
1.2 We provide locker facilities for members to store their belongings. Shower facilities are also available for members to use before entering the pool.
2. Member Responsibilities
2.1 As a member, you are expected to comply with all posted rules at the Center, including pool rules and hygiene rules.
2.2 Members are required to pay for any damages caused by inappropriate use of facilities or failure to follow rules and regulations.
3. Suspension and Termination of Accounts
3.1 Membership accounts can be suspended or terminated under several conditions, including but not limited to: breach of these T&C, withdrawal of payment information from your account, failure to pay membership fees, causing damage to Center property, or non-compliance with New Jersey state health codes.
3.2 We reserve the right to suspend or terminate your account without prior notice if we, at our sole discretion, determine that you have violated any of these T&C.
4. Safety and Hygiene
4.1 For the health and safety of all members, you are required to shower before entering the pool.
4.2 We maintain high standards of hygiene in our facilities and we expect members to do the same.
5. Children's Access and Safety
5.1 We strictly enforce children's safety within our facilities. Children are only permitted to use the facility if they are enrolled in a program.
5.2 As a USA Swimming Safe Sport facility, we comply with all relevant safety and child protection regulations.
6. Shared Amenities
6.1 Lockers and showers are shared amenities and are available on a first-come, first-served basis.
6.2 Lockers are for daily use only. Please remove all personal belongings from lockers after use. 7. Intellectual Property
7.1 The Center's name, logos, and any other product or service name or slogan contained in our facilities or materials are trademarks of the Center, and may not be copied, imitated or used, in whole or in part, without prior written permission.
8. Third-Party Links
8.1 Our website or facilities may contain links to third-party websites or resources for your convenience. We do not endorse and are not responsible for the content, products or services on or available from those websites or resources.
9. Limitation of Liability and Indemnification
9.1 The Center will not be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from your use of the facilities or services.
9.2 You agree to indemnify, defend and hold harmless the Center and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the facilities and services.
10. Dispute Resolution
10.1 Any dispute arising from these T&C shall first be attempted to be resolved through negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in the State of New Jersey.
11. Force Majeure
11.1 The Center shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, the availability of the venue or other similar causes beyond its reasonable control.
12. Governing Law and Venue
12.1 These T&C are governed by and construed in accordance with the laws of the state of New Jersey.
13. Changes to the T&C
13.1 We may revise and update these T&C from time to time in our sole discretion. Your continued use of our services or facilities following the posting of revised T&C means that you accept and agree to the changes.
14. Contact Us
14.1 If you have any questions or concerns about these T&C, or about the services we offer, please contact us at 609-266-SWIM.
This document constitutes the Terms of Service ("TOS") between you ("User" or "Member") and Brigantine Aquatic Center, LLC, a company incorporated in New Jersey, USA, ("Brigantine", "we", "us" or "our") governing the use of Brigantine Aquatic Center and its facilities. Please read these Terms of Service carefully before using the services of Brigantine Aquatic Center. Your access to and use of the services is conditioned on your acceptance of and compliance with these terms.
1. Acceptance of Terms
Your access to and use of Brigantine Aquatic Center is subject exclusively to these TOS. You will not use the services for any purpose that is unlawful or prohibited by these TOS. By using our services you are fully accepting the terms, conditions and disclaimers contained in this notice.
2. Account Creation, Management, and Termination
2.1 Account creation on our platform requires the purchase of any length/type of membership plan.
2.2 Account management and termination are subject to the rules outlined herein. The user has the right to terminate their account at the end of their commitment, or by removing their payment information from their account. Brigantine reserves the right to suspend or terminate accounts for violation of these TOS, non-payment of dues, destruction of property, or non-compliance with New Jersey health codes.
3. Member Conduct
3.1 Members are expected to adhere to the rules and regulations of the Brigantine Aquatic Center as posted on the premises and to abide by all relevant health department rules and regulations as mandated by the State of New Jersey.
3.2 Members are expected to conduct themselves in a manner that is respectful to the staff, other members, and the facilities. Violations of the behavior guidelines may result in temporary suspension or permanent termination of membership privileges, at the sole discretion of Brigantine.
3.3 Unacceptable behavior includes, but is not limited to, harassment of other members or staff, verbal or physical abuse, destruction of property, theft, or any other action that disrupts the operations of the center or creates a hostile environment.
4. Service Usage
4.1 Brigantine maintains an indoor pool and locker facilities for members to use for swimming laps, storing their belongings, and utilizing the showers. Members are expected to shower prior to entering the pool and abide by posted pool rules at all times.
4.2 Use of shared amenities like showers and lockers is first-come-first-serve. Personal belongings may not be stored in the lockers overnight. Brigantine is not responsible for lost or stolen items.
4.3 Brigantine reserves the right to control the availability of services, the right to impose rules for the use of services, and the right to amend the rules and regulations as necessary.
5. Children’s Access and Safety
5.1 Brigantine is a USA swimming safe sport facility. Children are not permitted to use the facility unless they are enrolled in a program. All children enrolled in our programs must be supervised by a parent or guardian at all times.
6. Auto-renewal of Subscriptions
6.1 Members who opt into automatic renewal agree to have their membership fees charged to their account on a recurring basis, as per their chosen membership plan. Members can remove their auto-renewal setting at any time by accessing their membershipworks.com account.
7. Membership Benefits Sharing
7.1 Members are permitted to bring a guest for a $10 fee up to 5 times a year. Any guest must adhere to all the rules and regulations of Brigantine Aquatic Center and the member will be held responsible for the conduct of their guests.
8.1 Any disputes arising between members or between a member and Brigantine will be handled by obtaining statements from both parties and working towards resolution in an amicable manner.
9.1 In the event of an accident or injury within the premises, our staff members, who are all certified in Red Cross CPR, Lifeguarding, and First Aid, will provide immediate assistance and follow the established protocol for such incidents, including calling management or 911 as required.
9.2 While we strive to maintain a safe environment, Brigantine cannot assume liability for any injuries or accidents that occur on our premises. All members use the facilities at their own risk and are responsible for their own safety.
10. Changes to the TOS
10.1 Brigantine reserves the right to make changes to the TOS at any time. We will notify you of any changes by posting the new TOS on this page.
10.2 By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.
By accessing or using our services, you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.
This policy is effective as of July 21, 2023.
11. Contact Us
If you have any questions about these terms, please contact us at 609-266-SWIM.
2. Information We Collect and How We Collect It
We collect and process the following types of personal data about you:
● Contact Information: When you sign up for our services, we collect your name, email address, and phone number.
● Payment Information: For payment processing, we collect your card number, name on the card, billing address, expiration date of the card, and CVC number.
● Emergency Contact Information: Members have the option to provide us with emergency contact information.
We collect this information directly from you when you provide it to us and automatically when you use our services.
3. How We Use Your Information
The primary purpose for collecting your personal information is to provide and enhance the services offered at the Brigantine Aquatic Center. This includes managing your membership, ensuring access control, processing payments, providing customer support, and communicating with you about your membership and other services that may be of interest.
4. Disclosure of Your Information
We may share your personal information with third parties under the following circumstances: ● Service Providers: We share your data with MembershipWorks.com, a third-party service provider we use for data storage. We also share your payment information with our payment processor to facilitate transactions.
● Legal Obligations: We may disclose your personal data if required by law or in response to legal proceedings.
5. Data Security
We implement stringent security measures to protect your personal information. We use encryption technology, such as Secure Sockets Layer (SSL), to protect your information during data transport. Our website is hosted on an HTTPS connection with a valid SSL certificate, ensuring that the connection between our server and your browser is secure. Your data, once received, is stored with MembershipWorks.com, which employs advanced security measures to prevent unauthorized access.
6. User Rights
As a user, you have the right to access, correct, or delete your personal data at any time. To exercise these rights, log in to your account at MembershipWorks.com. If you require assistance, please contact us directly.
7. Policy Updates
8. Children's Privacy
Our services are not designed or intended for use by children under the age of 13. We do not knowingly collect personal data from children under the age of 13 without obtaining parental consent in accordance with applicable laws.
9. Health and Safety Information
We do not collect any health-related data from our members unless they voluntarily provide their emergency contact information. This information is used solely for the purpose of protecting the health and safety of our members.
10. No Surveillance Systems
We do not operate any surveillance systems or CCTV within our facility, and therefore, we do not collect, store, or manage any video surveillance data.
11. Cookies and Other Tracking Technologies
12. International Data Transfer
Currently, we do not transfer your personal data outside of the United States.
13. Data Retention
We retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
14. Data Breach Notification
In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the appropriate authorities without undue delay.
Last updated: July 21, 2023
This Refund Policy ("Policy") governs the relationship between Brigantine Aquatic Center LLC, located at 3118 Bayshore Ave, Brigantine, NJ 08203, Atlantic County ("the Company," "we," "our," or "us") and the customer ("you" or "your") regarding refunds, exchanges, and cancellations in relation to all memberships, swim programs, swim lessons, and other services (collectively, "Services") offered by the Company.
SECTION 1: OVERVIEW
1.1 This Policy outlines the conditions under which refunds or exchanges may be issued and the procedures for requesting such refunds or exchanges.
SECTION 2: GENERAL REFUND AND CANCELLATION PRACTICES
2.1 Refunds and cancellations are generally handled on a case-by-case basis. To request a refund or cancellation, contact us via phone at 609-266-SWIM or email through our website. 2.2 If the conditions of this Policy are met, refunds are issued as a credit to the original payment method, typically within one week after your payment has cleared.
2.3 For illness or relocation cases, refunds or exchanges may be granted upon presentation of relevant documentation such as a doctor's note or proof of new residence, subject to our review and approval.
SECTION 3: MEMBERSHIP PLANS
3.1 If you cancel your membership, refunds are prorated based on the unused portion of your membership at the time of cancellation.
3.2 In case of temporary facility closures due to maintenance, public health concerns, or other reasons, your membership will be prorated to credit the duration of the closure.
SECTION 4: SWIMMING PROGRAMS AND LESSONS
4.1 Swimming lessons are separate from memberships and are purchased per session. 4.2 In case of injury or illness, you may be eligible for a credit towards future sessions upon providing a doctor's note, subject to our review and approval.
4.3 Refunds for swimming lessons are not typically provided. However, exceptional circumstances will be considered on a case-by-case basis.
SECTION 5: OTHER SERVICES
5.1 Other services not explicitly mentioned in Sections 3 and 4 will be addressed on a case-by-case basis at the sole discretion of the Company.
SECTION 6: COMPLIANCE WITH APPLICABLE LAWS
6.1 This Refund Policy complies with applicable federal and state laws, including but not limited to New Jersey's consumer protection laws and regulations.
SECTION 7: MODIFICATION
7.1 We reserve the right to amend this Refund Policy at any time without prior notice. It is your responsibility to review the Refund Policy periodically.
SECTION 8: CONTACT10
8.1 If you have any questions about our Refund Policy or wish to request a refund, please contact us via phone at 609-266-SWIM or email through our website.