Consolidated Master Omnibus Agreement (CMOA) — All Locations2026 VERSION
If you're not the Parent, Homeowner, or Participant — just the person paying for lessons (like a grandparent, friend, or gift-giver) — click below. You won't need to sign the waiver, but the Legal Guardian will receive an email to sign.
REVISION DATE: FEBRUARY 25, 2026 | ALL-LOCATION MASTER SHIELD
Version: v2026.02.25 — Effective immediately for all new signings
This Agreement is a legally binding contract between Wildlife Water School, LLC, a Pennsylvania Limited Liability Company, Victoria Heffelfinger, Eric Heffelfinger, and their members, employees, independent instructors, agents, affiliates, successors, and assigns (collectively "Wildlife Water School" or the "WWS Parties") and the signing individual (referred to as "I", "me", "Swimmer", or "Client").
Perpetual Nature: This Release is binding at each instance whereby I register, pay, participate, and/or attend any and every Wildlife Water School Activity. It covers all future sessions and seasons. When registering for any lessons, Client is entering into a binding commitment for the duration of the agreed Term and must abide by all terms.
All-Location Coverage: This Agreement applies to all current and future locations, including but not limited to: Greensburg YMCA, East Allegheny School District (EA), Wilmerding Community Center, Penn Highlands Mon Valley, Blue Canoe RV Resort, 180 Gamma Drive, 164 Fort Couch Road, Crowne Plaza, Crown Hills Plaza, Belle Vernon, Connellsville, and all private residential "Safari Homes."
I AM FULLY AWARE AND I FULLY UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE.
The Release: I acknowledge that injuries may result from or be compounded by the actions, omissions, or negligence of WWS. Notwithstanding the risk, I voluntarily participate and HEREBY EXPRESSLY WAIVE, RELEASE, AND FOREVER DISCHARGE the WWS Parties and all "Releasees" (including facility owners and Safari Homeowners) from any and all liability, claims, or demands arising out of ordinary negligence. I covenant not to make or bring any such claim and forever release Wildlife Water School from liability.
Negligent Rescue: I specifically waive all claims related to the negligent emergency response, 'Negligent Rescue', or 'Emergency First Aid' operations of Wildlife Water School, including the decision of when to call 911.
Secondary/Dry Drowning: I am aware of the risks of water aspiration. I assume full responsibility for monitoring the participant for at least 24 hours following a lesson. WWS is not liable for any medical condition, respiratory distress, or death occurring after the participant has left the instructor's immediate care.
Medical Emergencies & Treatment: I consent to receive medical treatment deemed necessary if injured. I am solely responsible for all costs related to medical treatment, transportation, and evacuation. I release WWS from any claim based on the provision of such treatment.
Guest Indemnification Clause: Primary Account Holder (Parent/Guardian) hereby assumes all legal and financial responsibility for any guests, observers, or non-swimming individuals they bring to a facility or allow onto their private property during lesson times. Parent agrees to indemnify Wildlife Water School against any third-party claims from said guests.
Premises Liability: WWS is a renter/guest of the facilities it uses. WWS is not responsible for injuries caused by the building's condition, including locker room slips, ceiling collapses, chemical imbalances, parking lot accidents, or faulty stairs. Legal recourse for "Premises Liability" remains solely with the Facility Owner. Client agrees to seek recovery solely from the property owner and not WWS.
Third-Party Actions & Environments: Client acknowledges that WWS operates in shared public spaces. WWS IS NOT RESPONSIBLE for the conduct, actions, omissions, or "stuff" of third parties, including strangers, facility janitors, lifeguards not employed by WWS, other facility members, or non-WWS guests. This release applies to ALL ENVIRONMENTS in and around the facility, including but not limited to: the pool, pool deck, locker rooms, hallways, bathrooms, parking lots, entryways, and exterior grounds. I release WWS from any liability arising from any third-party "stuff" occurring in or around these environments.
Inter-Participant Liability: WWS is not liable for the intentional or accidental acts of one participant/guest against another (e.g., biting, hitting, illness).
Public Pool Exemption: Wildlife Water School is not responsible for the actions or safety of general public individuals present at third-party facilities (e.g., Greensburg, EA Pools) who are not part of the Parent's specific party.
If the activity takes place at a private residence ("Safari Home"), the Client acknowledges the Homeowner is a "Third-Party Beneficiary" of this Agreement.
Host Immunity: CLIENT AGREES NEVER TO SUE THE HOMEOWNER. I agree that I am a guest of the homeowner and I waive any right to bring legal action against them for any accident. I will indemnify and defend the property owner from any and all claims brought by my guests.
Premises Controller & Wear and Tear: The Homeowner is the Premises Controller. Homeowner grants WWS a license to enter and agrees to waive claims against WWS for ordinary property damage (e.g., wet floors, grass damage, minor wear and tear). WWS is not responsible for accidental water damage or chemical imbalances.
Property Damage by Client: I am responsible for any property damage caused by myself, my child, or my guests to a Safari home or Rental Facility. I shall be solely responsible for all repair costs and legal claims.
Animal Control: Homeowner and Client agree all pets will be secured. Homeowner assumes 100% liability for any animal-related injury.
SAFARI SAFETY PROTOCOL (MANDATORY ENFORCEMENT):
Safari/Home Location Rule: When lessons take place at a Safari Home or private residence, ONLY students listed on the active roster for that specific time slot are permitted in the water during the lesson. The instructor is authorized to pause the lesson if un-waived guests enter the pool, until the environment is secured and all unauthorized individuals have exited the water.
Public Facility Rule: When lessons take place at public facilities (Greensburg YMCA, East Allegheny, etc.), lessons will continue regardless of public presence in adjacent lanes or areas. WWS assumes no responsibility for general public individuals at third-party facilities who are not part of the Client's specific party.
If I allow any guest, relative, or caregiver (e.g., babysitter, grandparents, friends) to attend a WWS Activity without an executed waiver, I personally warrant their safety. I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS WWS and the Heffelfinger family against any claim brought by that individual. This means I will pay for WWS's legal defense and any judgment if my non-signing guest attempts to sue. I waive all rights to seek contribution or indemnity from WWS for claims brought by my own guests.
Primary Duty: WWS's duty of care is strictly limited to the specific student currently engaged in active instruction. WWS assumes no responsibility for siblings, guests, or participants before/after the designated lesson time. The Parent/Guardian retains the PRIMARY AND ULTIMATE DUTY OF CARE at all times.
No Recreational Swimming: This contract strictly forbids "recreational swimming" by others during lesson time. If a non-student drowns while an instructor is teaching, WWS assumes no liability.
Booking Limitations: Client acknowledges that they may only book lessons within their strictly defined time period. Lesson bookings are subject entirely to availability. If a Client purchases a plan and there are no available spots, or if the Client fails to book lessons within their allotted timeframe, the Client accepts full responsibility. No refunds, credits, or extensions will be granted for unused or unbooked lessons.
Cancellations: Cancellations made without twenty-four (24) hours advance notice shall result in the forfeiture of the scheduled session. Additionally, any cancellation per lesson without prior notice will incur a $10 fee per lesson.
No Refunds: All payments are non-refundable, except at the sole discretion of Wildlife Water School management. Payment of the Fee is due regardless of whether Client completes the lessons. Any payment not received in advance will result in automatic cancellation.
Scheduling Flexibility: Wildlife Water School reserves the right to modify instructors, lesson times, dates, and pricing at any time without prior notice. While we strive for consistency, scheduling is subject to facility availability and staffing.
Unilateral Modification: Wildlife Water School holds the absolute right to modify, alter, or add to the terms, conditions, and limitations of this Agreement in any way (including orally or in writing) at its sole discretion.
Absolute Discretion: Wildlife Water School reserves the absolute right and sole discretion to modify prices, plans, customer requests, time periods, makeups, dates, bookings, instructors, refunds, cancellation fees, override fees, AND MORE, whenever it deems necessary. If a Client submits a request and Wildlife Water School declines it for any reason, that decision is final, non-negotiable, and strictly within Wildlife Water School's rights.
Change Orders: Due to the unpredictable nature of the Services, nothing in this Agreement shall obligate WWS to abide by any firm start or end dates to any lesson plan.
Reporting: WWS staff are Mandated Reporters (23 Pa. C.S. § 6311). I release WWS from liability for good-faith child safety reports.
Client Obligations: Client must provide accurate medical and emergency info. If services are at Client's residence, Client is responsible for maintaining a safe, sanitary pool and handling emergency preparedness. WWS is not obligated to render services if conditions are unsafe.
Zero-Tolerance Safety & Conduct Policy: Wildlife Water School maintains a zero-tolerance policy for disruptive, disrespectful, or unsafe behavior. We reserve the right to remove any student, parent, or guest from the premises and terminate services without a refund if behavior is deemed inappropriate or unsafe by staff.
Warranties: WWS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. WWS disclaims any warranty that services will conform to any specifications, unreasonable expectations, or examples relied upon by Client.
Liability Cap: IN NO EVENT WILL WWS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES. WWS's total liability related to any service shall never exceed the purchase price of such service.
Emotional Distress: To the maximum extent permitted by law, WWS disclaims all liability emerging from personal injury to the Client, whether in the form of stress, emotional distress, anxiety, or wrongdoing of any third party.
Remedy Limit: Client's sole remedy for damages shall be a credit redeemable for future services. Any claim must be disclosed by written notice within 30 days of the occurrence, or it is totally forfeited.
Photo/Video: I grant WWS permission to take and use my/my child's photograph and video for publications, testimonials, web, and social media. I waive any right to inspect the finished product or receive compensation. All media becomes the exclusive property of WWS.
IP Ownership: All methods, techniques, documents, and trade secrets used during the Services remain the sole Intellectual Property of WWS.
Non-Disparagement: Client agrees not to make any disparaging, derogatory, negative, misleading, or false statements orally or in writing about WWS, its instructors, Affiliates, or its operations to any person, competitor, or press.
Force Majeure: WWS shall not be liable for any failure or delay caused by acts beyond its control, including illness, loss of key employees, weather, acts of God, or telecommunication breakdowns.
Confidentiality: Client agrees to protect WWS's proprietary methods and trade secrets and not use them for any purpose other than executing this Agreement.
Governing Law: This Agreement is governed by the laws of the Commonwealth of Pennsylvania.
Mediation & Arbitration: Any dispute shall first attempt to be resolved via mediation. If unresolved, it will be determined by final and binding arbitration in Pittsburgh, PA via JAMS. The substantially prevailing party shall be awarded attorneys' fees.
Exclusive Jurisdiction: If litigation occurs, both parties irrevocably submit to the exclusive jurisdiction of the US District Court for the Western District of Pennsylvania, or the state courts in Allegheny County, PA.
WAIVER OF JURY TRIAL: EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF THIS AGREEMENT.
Client acknowledges that their electronic submission constitutes their agreement and intent to be bound by this entire Release. Pursuant to the E-Sign Act and PA Electronic Transactions Act, I agree to the use of electronic signatures and records. I warrant that I have the legal authority to consent to this Release on behalf of myself and any participating minors.
Legal Data Access: Client hereby grants Wildlife Water School and all authorized Wildlife staff the legal right and authority to access, view, manage, and utilize all data, portals, accounts, and records associated with the Client's use of the Services to the fullest extent permitted by law.
PRIVACY FIREWALL & DATA ISOLATION RULES:
Blank Form Requirement: When a Parent sends a Waiver link to a Friend, Authorized User, or any third party, the link MUST generate a BLANK FORM. No Personally Identifiable Information (PII) or medical data from the sender shall be visible to the recipient. Each recipient receives a fresh, independent waiver to complete.
Authorized Access Limitations: If a Parent authorizes a "Friend" or "Authorized User" to access their portal, the authorized individual may ONLY see the children and data specifically linked to that Parent. They CANNOT see other family members' children, medical information, or transaction history, even if those family members share the same Master Account or Family ID.
Medical Data Consent: Access to medical data and health notes is OPTIONAL and requires explicit consent. A Parent must check a specific "Informed Consent" box before any Guest, Payer, or Authorized User can view student health notes or medical information.
Account Reconciliation: Wildlife Water School prevents duplicate portals by matching Guardian Email + Student Name. If a Payer (e.g., Grandparent) purchases a plan, they receive the receipt, but the Legal Guardian retains ownership of all data and signing rights. Payment responsibility does not transfer data ownership or access rights.
BY AGREEING AND PARTICIPATING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE WILDLIFE WATER SCHOOL AND ALL RELATED PARTIES, AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT.
You can select multiple roles. For example, a parent who is also the Safari homeowner should check both "Parent" and "Safari Homeowner."
Invite another adult to sign their own waiver — like a spouse, co-parent, grandparent, friend joining you, or anyone else who needs to be on file.