Effective as of January 1, 2019 (as revised March 26, 2022)

Use of provinceliving.com or olswim.com (“Websites”) and the Province Grande Swim and Fitness Center facility (collectively “Swim Center”) is subject to the terms of service described below and the Rules and Policies available on our About page. By using the Websites and / or the Swim Center or entering onto the Swim Center property or taking possession of an access card or wristband, you agree to abide by and be subject to the terms of service below and the Rules and Policies.

Definitions

As used in or Terms of Service, Rules and Policies, and web site:

“Member” means the person over the age of 18 years who applies and is approved for membership. Only one person in each household may be the “Member”. The Member must be named on the deed or current lease for the home.

“Household Member” means each and every person residing full-time in the household of a “Member”, but excluding the Member and any person who occupies the household temporarily as a guest, tenant (whether free or paying), or employee.

“Guest” means a person who is not the Member or a Household Member and is authorized by a Member AND the Swim Center to use the Swim Center in accordance with the Guest Policy on our About page.

Use of the Swim Center / Fitness Room / Pavilion / Other Physical Facilities on Swim Center Property

Our priority is to provide a safe, family environment for our Members, their Household Members, and their Guests. Our Rules and Policies available on our About page are intended to achieve this goal. Use of the Swim Center property, including parking lots and natural areas, must accord strictly with the Rules and Policies. The Swim Center has sole discretion to terminate temporarily or permanently use of any or all of its property by any Member, Household Member, or Guest for any violation observed by or reported to the Swim Center.

By entering onto the Swim Center property, every Member, Household Member, and Guest agrees and consents to the capture of their image and voice and consents to the use of their image and voice by the Swim Center for any purpose reasonably related to the Swim Center, including, but not limited to, identify violations of the Swim Center’s Rules or Policies or of laws, ordinances, or regulations and ensure compliance by the Member, Household Members, and Guests with health and safety standards and practices. The Swim Center will not sell your image or voice or use your image or voice for any marketing, publicity, or other promotional purpose without your prior consent.

Billing / Payment / Refunds

Payment for your membership may occur in a lump sum, monthly, or through your HOA. The method of payment depends on the type of membership you have. Please read the description of your membership carefully to understand how you will pay.

• If payment for your membership is made through your HOA, your Membership Profile will show that you pay zero dollars because we do not bill you and do not take payment from you on the Websites.
• Members who do not pay through their HOA may pay monthly or annually. Monthly payments will be charged automatically each month by our website to your MasterCard or Visa. WE DO NOT ACCEPT CHECKS. Some of you may elect to pay in one lump sum at the beginning of the membership year. If you make this election, your member profile may not correctly reflect your balance. Please do not write to us about this unless you are mistakenly charged a monthly fee.
• We have offered swim-only memberships in the past. We may offer them in the future in our sole discretion. The method and frequency of payment for this type of membership may vary from time-to-time. Our web site will describe the payment details.

We do not give refunds for any membership fee under any circumstances.

No Warranty

We do not warrant that any part of the Swim Center facility will be available for use without interruption. Maintenance, weather, member misuse, equipment failure, governmental action or inaction, natural disasters, epidemics, diseases, and numerous other factors affect the availability of the facility. If any part of the facility becomes unavailable for use for an extended period of time we may offer, as we determine in our sole discretion, some adjustment to membership fees or credit toward future fees as we determine is appropriate.

We make no warranty of any kind regarding any of the facility, its condition, its suitability for you or any Household Member or Guest, except as expressly required by law and only to that extent. We make no warranty that any Member or Household Member or Guest will comply with the law or our Rules and Policies or that we will be able to enforce or cause enforcement of those Rules and Policies in a manner acceptable to you.

Use at Your Own Risk

All Members, Household Members, and Guests use the Swim Center and all of its property, facilities, and equipment at their sole and entire risk and agree to indemnify and hold harmless the Swim Center’s owner and its owners, members, managers, agents, and representatives from any and all claims that they may have arising from their use of or presence on the Swim Center’s property, equipment, or facilities.

Termination of Membership : Fees Non-Refundable

If use of the Swim Center by you, a Household Member, or a Guest is terminated temporarily (i.e., for any period other than permanently), the Swim Center will not refund any part of your membership fee or any guest or use fee you or any Guest may have paid. All fees are non-refundable.

If use of the Swim Center by one or more but not all Household Members of your household is terminated permanently, the Swim Center will not refund any part of your membership fee or any guest or use fee you or any Guest may have paid. Again, all fees are non-refundable. The Swim Center will continue to bill you monthly for your subscription (if you are a subscription member).

If use of the Swim Center by you and all members of your household is terminated permanently, the Swim Center will not refund any part of your membership fee or any guest or use fee you or any Guest may have paid. However, your subscription billing (if applicable) will terminate, and you will not pay any fees the in future. Permanent termination applies to you, all Household Members, and all future owners and occupants of your house whether the property is owned by you or anyone else.  Termination is perpetual and irrevocable, except by the written agreement of the Swim Center on terms determined by it in its sole discretion.

Rental of Facilities

The Swim Center may offer all or part of its facilities for rental in its sole discretion. The Swim Center may charge a rental fee in its sole discretion. No Member has the right to rent all or any part of the facility.  To the extent that the Swim Center offers rental of its facilities, it will do so in accordance with applicable law.

Membership Availability

Memberships are offered in the sole discretion of the Swim Center management. When memberships are offered, availability will be limited and sold on a first-come, first-served non-discriminatory basis typically in November.

Changes to the Terms of Service, Rules, and Policies

The Swim Center may amend and supplement these Terms of Service and the Rules and Policies on our About page at any time by notice to you through an announcement on the Websites or by email to your registered email address.  If you do not wish to abide by the amendments or supplements, you may give written notice to the Swim Center through our Contact page, which will result in termination of your membership immediately and permanently.  No refund of paid membership fees will be given.