We, MÓNICA FERNÁNDEZ ROBLES, identify myself with the Personal Identification Document (DPI) with Unique Identification Code (CUI) number 2301 39744 0101 issued by the National Registry of Persons (RENAP) of the Republic of Guatemala, I act in my capacity as Administrator Sole and legal representative of BABY SURVIVAL SWIM SA, which I certify with the notarial act that contains my authorized appointment in the city of Guatemala on the thirteenth of July of the year two thousand and twenty (2020) by the notary FABIO ALEJANDRO GUERRERO HERNANDEZ document that is found duly registered in the General Mercantile Registry of the Republic at number five hundred ninety-four thousand six hundred sixty-eight (594668) folio six hundred seventy-seven (677) of the book seven hundred forty-five (745) of commercial auxiliaries ME———— ——————————————— the user, father/mother/guardian of the minor Both grantors ensure: I.-) Be the identification data recorded; II.-) Have the aforementioned documents in view and that the representation exercised is sufficient in accordance with the law and in our opinion for the granting of this Private Service Contract and, III.-) That we are in the free exercise of our civil rights, we declare that by this act we celebrate the following PRIVATE SERVICES CONTRACT – BABY SURVIVAL SWIM contained in the following clauses:

FIRST: OBJECT:
The purpose of this contract is to establish between the parties the relationship and the conditions and rules to which they will be subject for the provision of BABY SURVIVAL SWIM services. I, MÓNICA FERNÁNDEZ ROBLES. in legal representation of the entity BABY SURVIVAL SWIM SA, I manifest in the quality with which I act that my client has the trained personnel and the necessary credentials to teach the BABY SURVIVAL SWIM PROGRAM with children under four years of age. By virtue of the above, the services provided in the BABY SURVIVAL SWIM PROGRAM are provided with high standards of safety and hygiene for children.

SECOND: OF THE POWERS OF THE PARENTS OR THE RESPONSIBLE PERSON:

I, mother, father, guardian of the minor, accept that I am the person responsible for the minor. And I am the one who will take care of the minor during the courses or programs contracted at BABY SURVIVAL SWIM, SA Therefore, I declare that I will be the only one in charge of having the authorizations, reviewing the medical conditions of the minor before and during the program for which agrees to personally attend the contracted course(s). Likewise, as the mother, father, guardian of the minor, I will appear at all course sessions and will be present at all times, so I am responsible for the minor.

THIRD: TERMS OF SERVICE:

By receiving the BABY SURVIVAL SWIM course, the child increases the chances of survival in the event of an accidental fall in an aquatic environment.
However, the parents or guardians of the minor are obliged to supervise their children near the water. If your child hits his head and falls unconscious when falling into the water, he will not be able to react and perform his survival skills that are part of the BABAY SURVIVAL SWIM PROGRAM learning. As such, you can save your child if you keep an eye on him or her and know how to practice cardiopulmonary resuscitation (CPR) and first aid. Therefore, it is highly recommended to be certified in cardiopulmonary resuscitation (CPR) and first aid courses.

The instructor teaches his course once, so he will not make a replacement class if he does not attend without prior notice, it is a missed class.

Skills are learned in an average of 2 to 3 weeks, with two left for practice or planned in case of illness or absence.

THE FATHER or mother or the person responsible for the minor is solely responsible for his or her own health and that of his or her children, so you ensure and guarantee that your child is in good health.

As a father, mother or person responsible for your child or children, you declare and guarantee that any information that you hide or do not know regarding the congenital or non-congenital disease of the minor is not the responsibility of BABY SURVIVAL SWIM and therefore releases it from all responsibility to the respect, including the results of training when there are congenital conditions that do not allow progress according to the time established for the program.

The class lasts 10 minutes, but the instructor can modify the duration at his discretion. Likewise, the instructor can decide not to give you the class for a day or several if he considers it necessary. In such cases, the instructor will inform the father, mother, guardian or person in charge of the reason why the class will not be taught.

If for reasons of force majeure the courses cannot be taught due to illness or accident of the instructor, a way will be found to replace one or more classes depending on the level of your child.

Whether or not he has learned survival techniques or if he still needs to. This will be at the discretion of the instructor. If due to force majeure in the shopping center, earthquakes or forces of nature, it will be at the discretion of Baby Survival Swim whether or not the class(es) are rescheduled, as well as when and where.

The Child will do a dress test. Therefore, it is the parents' responsibility to put on clean clothes and shoes in order to help keep the pool chemistry in optimal hygienic conditions for their child and for others. The main objective of the clothed test is to alleviate the blockage that most have when relating that one does not enter a swimming pool clothed, but as in 86% of the drowning cases in the USA, the children were dressed in normal clothing.

El padre o madre o ambos entrarán al agua el último día para que el Instructor le enseñé como darle la clase a su hija(o), su hijo se gradúa del curso con habilidades que le permitirán sobrevivir una caída accidental en el agua desde cualquier posición y altura. Es su responsabilidad que el niño no olvide sus habilidades. Es importante practicárselas bajo su propia supervisión. Los niños crecen, su centro de gravedad cambia así como sus miedos. Si usted observa que su hijo ha olvidado o no quiere hacer la plancha, es importante contactar a Baby Survival Swim para calendarizar una semana de “Recordatorio”. Si usted invierte en este curso, si su hijo hace un gran esfuerzo para aprender estas habilidades, importantes importante que de los padres, madres o tutores se involucren, participen y practiquen con sus hijos. De lo contrario, estas habilidades serán perdidas, o serán tomadas de forma negativa por el niño, el cual, podrá generar un rechazo al agua.

Children who participate in the Baby Survival Swim program are more cautious. Most of the children participating in the Baby Survival Swim program develop a taste for water, but at the same time they are aware of the danger it represents, so you will notice that your child will be comfortable where he or she considers he or she can handle the situation.

In the event of an accidental fall, your survival instincts when searching for air to breathe will be activated, you may cry, you may become scared, which is totally normal and logical when the fall takes you by surprise. However, BABY SURVIVAL SWIM does not guarantee that the child or minor under very extreme circumstances will be able to activate their survival systems. The course is designed to activate survival instincts but cannot guarantee the survival of a minor in cases of falls and/or if the fall occurred under circumstances where the accident could be fatal, regardless of the course.

This course greatly increases the chances of survival in the event of an accidental fall, but no human is waterproof, which is why Baby Survival Swim advises, suggests, and insists on supervising children at ALL times when they are near water.

FOURTH: OBLIGATIONS OF THE FATHER, MOTHER, GUARDIAN OR GUARDIAN RESPONSIBLE FOR THE MINOR:

THE FATHER IS OBLIGED TO DO THE FOLLOWING:

1. Prove that you have parental authority, guardianship and custody or that you are fully empowered by the other spouse so that the minor child(ren) can take the course(s) offered at BABY SURVIVAL SWIM.
2. Pay in advance the fees of the PROGRAM to which you enroll the BABY SURVIVAL SWIM minor or minors.
3. Fill out the forms and provide BABY SURVIVAL SWIM with all the information it requires, both about the minor and the parents, as well as their medical history. The father, mother or person responsible for the minor is solely responsible for the truthfulness and accuracy of all the information provided regarding the minor. Any damage or harm that will result from false or incomplete information will be directly responsible for the father, mother. or guardian of the minor.
4. Take the child to the times and place indicated by the INSTRUCTOR for the BABY SURVIVAL SWIM courses. You must be punctual, classes do not run, if you arrive late your child will receive the remaining minutes of their assigned schedule.
5. Follow the INSTRUCTOR's instructions.
6. Take care of the minor at all times, including in the locker rooms and areas that are not under the direct supervision of the INSTRUCTOR.
7. It is mandatory not to film during the first 3 weeks, so filming is prohibited during the first 3 weeks.
8. It is mandatory that the cell phone or other social communication device be turned off or left stored, because the use of the cell phone or chat during classes is prohibited.
9. It is the obligation of the FATHER, MOTHER OR GUARDIAN OF THE CHILD in case of accidental fall, whether caused or not, if he falls from the changing table, so he must change him carefully and prevent him from falling and getting hurt.
10. It is the obligation of the FATHER, MOTHER OR GUARDIAN OF THE MINOR to ensure the health of the minor, in the event that the minor becomes ill and due to this illness cannot enter the water, or cannot participate in the contracted program, whether due to travel or any other reason. another circumstance that prevents the physical presence of the minor, must cancel half of the contracted course and their space will be reserved for the next course, notwithstanding the above, the FATHER, MOTHER OR GUARDIAN OF THE MINOR must cancel the entire course that they can attend. the younger.

FIFTH: BABY SURVIVAL OBLIGATIONS:
1. Teach the course with a qualified INSTRUCTOR.
2. Teach the course under optimal hygiene and safety conditions, consisting of the water in the BSS pools having a regularly controlled chemistry, with periodic laboratory analyzes under European standards. BSS is not responsible for any bacteria or viruses that I may have caught elsewhere (schools, contact with other children, etc.).
3. Teach the course on the schedule and under the conditions established by the instructor.
4. Children swallow water during class; if the child also cries during class, he or she may vomit a small amount. If you vomit a larger amount, you will need to review your diet and modify your eating schedule. The pool water has a salt chlorinator, this separates the salt molecules into chlorine and sodium. The water is then disinfected by this chlorine in its organic and not chemically produced form. Therefore, it should not affect the child's eyes, skin, or intestinal flora.
5. Baby Survival Swim facilities are designed for maximum safety for you and your child, supervise your child at all times to prevent them from falling into the pool, Deck, entrance, steps, glass, showcase, it is up to you responsibility to supervise your child at all times. When your child finishes his 10 minutes of class, you will be responsible for supervising him during the 10 minutes of play in the lower part. A child can drown in even a few centimeters of water.
6. Baby Survival Swim considers that all swimming schools for children under 4 years of age are inadvisable, since children, before the age of 4, according to the American Academy of Pediatrics, CANNOT LEARN TO SWIM, SINCE THEY DO NOT EVEN HAVE THE MOTOR OR COORDINATION NECESSARY. Just play in the water and teach the child not to be afraid or respect the water... These children are the first to jump into the water, if there is no one nearby it could be fatal.
7. Before the age of 4, the upper part of the child's body (the head) is very heavy in relation to the rest of the body. They cannot lift it to breathe, and this weight causes them to sink. That is why both Baby Survival Swim and the American Academy of Pediatrics promote survival before swimming. For reasons of safety, motor skills, coordination, physiological and psychological capacity.
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SIXTH: USE OF CONFIDENTIAL INFORMATION, PHOTOGRAPHS, VIDEOS AND OTHER MATERIALS:
The Information of the parents and the child or children will be kept confidential and may only be used by the INSTRUCTOR for demonstration purposes, both on the Internet site and in other services or advertising media, as long as the parent or child mother or the person responsible for her express authorization. The publication of content that was intended to be published is considered accepted, for example, experiences, recommendations and special situations that help other parents have confidence in the system. Other information or any other disclosure will be restricted and will require the INSTRUCTOR, as well as his collaborators, the express authorization of the parents.
I, as the FATHER, THE MOTHER, OR THE PERSON IN CHARGE OF THE MINOR, expressly authorize BABY SURVIVAL SWIM, its instructors and other personnel to use the photographs, videos and other content of the minor so that they may be published on the Internet through the site. , social networks and other sites on the Internet, solely for demonstration purposes. If the father, mother or person in charge of the minor would like to remove the contents, they may request it in a reasoned manner, BABY SURVIVAL SWIM will remove the content within a period of no more than 10 business days from receiving the formal request.

SEVENTH: TERM:
This contract will have the term according to the agreed service, counting from the moment this contract is signed. Either party may terminate this contract, in advance and without any liability on its part, by means of written notification of its desire not to continue with the PROGRAM. In any case, the fees paid will not be refundable.

EIGHTH: APPLICABLE LEGISLATION: This contract will be governed in all aspects and will be interpreted in accordance with the legislation of Guatemala.

NINTH: DISPUTE RESOLUTION The parties will do their best to reach an amicable solution to all disputes relating to the application, interpretation, contravention, termination, execution or invalidity of this contract. If the parties cannot amicably resolve the controversy within thirty (30) days following receipt by one of them of the request for a friendly solution, presented by the other, the resolution of the disputes regarding the application, interpretation, contravention, termination , execution or invalidity of this contract will be submitted to EQUITY ARBITRATION, in accordance with the Conciliation and Arbitration Regulations of the Arbitration and Conciliation Center of the Chamber of Commerce of Guatemala (EL CENTRO), which the parties declare that they know and accept from now on irrevocably. When any conflict, dispute or claim arises, the parties will each appoint an arbitrator for appointment by the Board of Directors of the Center and authorize it to appoint the third arbitrator, in accordance with said regulations. In any case, the Center will be the institution in charge of administering the arbitration procedure and fulfilling all the functions assigned to it by the aforementioned Arbitration Regulations.

TENTH: Jurisdiction: Those controversies that, due to their legal nature, are not arbitrable matters or could not be resolved through Arbitration or another Alternative Dispute Resolution Mechanism, will be resolved by the courts of Guatemala. Therefore, we expressly renounce the jurisdiction of our domicile and submit to the jurisdiction of the courts of Guatemala City. We indicate as a place to receive notifications.

ELEVENTH: BABY SURVIVAL SWIM SA and will be solely and exclusively responsible for teaching the course and program through its instructors and cannot be held responsible for the minor's lack of skills, for accidents that occurred and in which there was no effective response from the minor. and in any case limits its liability in terms of damages to what was actually canceled by the father. For my part, I, father/mother/guardian, accept that I will not be able to hold BABY SURVIVAL SWIM SA or its representatives responsible for accidents that were caused by force majeure or by mere accident and in any case I accept that I will only be able to demand a refund. of what was actually paid as damages, if it proves that the entity BABY SURVIVAL SWIM SA acted in a non-responsible manner.

As a parent or person responsible for a minor, I accept the risks involved in exposing a minor boy or girl to water and that BABY SURVIVAL SWIM, its instructors, its partners or affiliates and subsidiaries, nor any of their respective employees, officials , agents, contractors or assigns (hereinafter referred to as “Released Parties”), may be held civilly or morally liable in any way for any injury, death, or other damage to myself, my family, heirs, or assignees, that may occur as a result of my participation in this program or as a result of an accident at the facilities of BABY SURVIVAL SWIM SA and by this act and document I personally assume all risks of the foreseeable or unforeseeable, that may occur to the minor while you are a participant in this

TWELFTH: ACCEPTANCE: We accept the entire content of this agreement and, being aware and aware of the effects of this contract, we accept, ratify and sign it for one purpose and by accepting and paying through the website that BABY SURVIVAL has enabled. SWIM SA