Swerl Inc. Terms, Conditions, Policy, and Privacy Statement

**Water Polo, Medical, and Liability Disclaimer**
Swerl Inc. provides accountability and fundraising software services and facilitates various athletic programs in collaboration with Coronado Aquatics Club, a nonprofit entity. By purchasing or participating in any programs, events, or services through Swerl Inc., you acknowledge and accept the inherent risks associated with water polo, open-water activities, and physical training. This includes but is not limited to:
- Physical injury, including serious bodily harm or death
- Environmental hazards such as cold water, rip currents, stingrays, jellyfish, and other marine life
- Pool-related injuries from physical contact, accidental collisions, and water-related hazards

By purchasing any services from Swerl Inc., Coronado Aquatics Club, Jesse Smith, or any affiliated coach, or from USA Water Polo, you agree that you understand the physical nature and risks of this activity. You voluntarily assume all risks, even those arising from negligence or mistakes made by any party. You agree to hold harmless and waive all liability claims against the above entities.

**Medical Authorization**
You authorize program staff and medical professionals to administer emergency treatment under California Civil Code §25.8.

**Refund Policy**
All payments are final. Refunds are **only** offered as credit (less a 4% administrative fee) and only at the **Director’s discretion**.

No refunds or credits will be provided for missed practices, schedule changes, or coaching adjustments.

**Dispute Resolution**
All disputes must first be submitted in writing to the Director via certified mail to Jesse Smith. If unresolved, the parties agree to use **independent mediation** followed by **binding arbitration**, waiving all other legal rights.

**Privacy Policy**
We respect your privacy and do not sell your data. By registering, you consent to be contacted via email or text regarding club events and services. We may use cookies to enhance user experience and track service interactions.

**Right to Refuse Service**
Swerl Inc. reserves the right to refuse service or participation to any individual at its sole discretion, in compliance with applicable laws.

**Governing Law**
These terms are governed by California law. All legal matters must be resolved in San Diego County.

**Agreement & Acknowledgment**
By purchasing, registering, or participating in any Swerl Inc. activity, you confirm that:
- You have read and understand these terms.
- You accept full responsibility for all risks.
- You agree to be bound by this agreement in its entirety.
- If any part of this agreement is found to be illegal, the remainder remains binding.

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**Coronado Aquatics Club Terms, Conditions, and Code of Conduct**

**Organizational Structure**
Coronado Aquatics Club is a nonprofit 501(c)(3) organization (EIN: 33-0676788). Donations may be tax-deductible; please consult your tax advisor. Water polo programming, coaching, and related services are provided through agreements with third-party service providers, including Swerl Inc.

**Membership Requirements**
All participants must maintain an active **USA Water Polo membership**. BRONZE level is sufficient for practices; GOLD level is required for tournaments. Members must affiliate with **Coronado Aquatics Club #86** at [usawp.sport80.com](https://usawp.sport80.com), upload a headshot, and verify age. High school athletes may not participate during their CIF season.

**Donations**
Unless otherwise agreed in writing, donations to Coronado Aquatics Club are unrestricted and may be used at the Board’s discretion. Contributions of $250 or more will receive written acknowledgment in accordance with IRS Publication 1771.

**Practice & Tournament Info**
- Schedule and coaching assignments may change.
- Tournament fees will be credited only if the club does not enter the event.
- Pool time is subject to change; a set number of hours is not guaranteed.

**Assumption of Risk**
Water polo is a high-intensity, physical sport with inherent risks. Ocean-based activities carry additional hazards, including:
- Cold water exposure  
- Rip currents  
- Stingrays, jellyfish, and sharks  
- Rocks, surf conditions, and marine life  
- Other unknown and unforeseen risks

By participating, you acknowledge and accept all **known and unknown risks**, including serious injury or death. You assume full responsibility for your safety and the safety of your child.

**California Civil Code §1542 Waiver**
By participating, you voluntarily waive all rights under California Civil Code §1542, which states:

> “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

**Release of Liability**
You agree to release and hold harmless Coronado Aquatics Club, its officers, directors, affiliates, contractors, and volunteers from all liability, including that arising from negligence or errors, for any physical, emotional, or financial harm resulting from participation.

**Code of Conduct**
*All Participants Must:*
- Behave respectfully and responsibly
- Avoid foul language, misconduct, or unsportsmanlike behavior
- Attend practices on time and notify coaches of absences
- Be good teammates and community members

*Coaches Must:*
- Model positive leadership
- Ensure safety and development
- Communicate with parents and players openly

*Parents Must:*
- Support their child and the team
- Let coaches lead practices and games
- Pay fees on time

**Violations**
Minor issues may be handled by team staff. Serious issues may be escalated to the Director or Safety Officer. Disciplinary action may include suspension or removal.

**Media Release**
You authorize the use of photos or video taken at practices or events for promotional or educational purposes without compensation.

**Force Majeure**
We are not responsible for changes or cancellations due to factors beyond our control, including:
- Natural disasters
- Weather or water quality issues
- Facility access or staffing limitations
- Public health mandates