Complaints

• Initial Complaint

  08/29/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I enrolled my kids in swim lessons here and she got bad injury due to instructor's bad training, lack of attention and I contacted them to cancel the membership. Business didn't communicate about their refund policy. My kid was never able to attend any of the remaining classes and they refused to issue refund. Once called, they said it is subjected to their terms and condition which I was not aware of and never agreed to, which is considered fraud on their side.

  Business response

  09/09/2024

  Aqua-Tots Swim School in Midvale, does not believe a refund is applicable at this time due to these reasons.

  1. All incident reports have been reviewed, and there is no report on file of a injury to **** *******

  2. On May 18th Hannah Ambrose agreed to our terms and conditions and gave us her digital acknowledgment on our 30-day notice, and refund policy. Waiver is attached as well 

  3. On July 7th she requested a chargeback from her bank. And both the bank and our business agreed that it was not an unauthorized charge. 

   

  Business response

  09/10/2024

  Here is our signed copy of Hannah Ambrose's medical waiver, going over all policies and procedures. this was signed on the day of her trial lesson before enrollment, policies and procedures are also gone over verbally when signing up for any form of lessons. 

  Nosebleeds occur for various reasons, but there is no link to our pool doing anything improperly for this to be caused. 

  Customer response

  09/10/2024

   
  Complaint: 22214546
  
  I am rejecting this response because:

   

  Recklessness: If the injury resulted from gross negligence or reckless behavior, the waiver might not hold up in court. Gross negligence refers to a severe lack of care that is blatantly reckless.

   

  In Utah, parental waivers that release businesses from liability for injuries to minors are generally **unenforceable**. This means that, even though a waiver is signed for swim school, I may still be able to pursue a claim if her injury was caused by negligence. The Utah Supreme Court has ruled that parents cannot waive their child's right to recovery for negligence before an injury occurs, as it goes against public policy. This principle was reinforced in cases like *Hawkins v. Peart* and *Rutherford v. Talisker Canyon*, where the court stated that pre-injury waivers for minors do not protect businesses from claims of negligence [oai_citation:3,Personal Injury Waivers For Children In UT - Parker & McConkie](***************************************************************************) [oai_citation:2,Utah Supreme Court Reaffirms: Parental Waivers Are Not Enforceable in Utah – Sportwaiver](*****************************************************************************************************/).
  
  **gross negligence**—where there is a reckless disregard for safety—still makes the business liable, regardless of the waiver [oai_citation:1,Do Liability Waivers Affect Your Utah Injury Case?](***********************************************************************************).
  
  

  
  Sincerely,
  
  Hannah Amber

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