Terms and Conditions
Acceptance of Terms
Welcome to YORG LLC’s website. These Terms and Conditions (“Terms”) are a legal agreement between you (the individual client or the team/club client) and YORG LLC (“YORG,” “we,” or “us”), a swim analysis service provider operating in Virginia and New York. By accessing our website, purchasing our services, or booking a swim analysis session, you agree to these Terms. If you do not agree, please do not use our site or services.
Digital Acceptance: You acknowledge that by clicking an “Accept” or “Agree” button, checking a box for these Terms, or by using our website or services, you are providing your electronic signature and entering into a binding contract with YORG. This electronic agreement is just as enforceable as a paper contract. If you accept these Terms on behalf of a team, club, or other organization, you represent that you have the authority to bind that organization to this agreement.
Our Services and Website Use
Services Offered: YORG provides swim analysis services to both individual swimmers and swimming teams/clubs. Our services include video recording of swim sessions, technical analysis by our coaches, performance feedback, and related guidance to help improve swimming technique. Users can learn about our services on this website and may purchase sessions or packages, or schedule appointments, directly through our site.
Informational Website (No Account Required): Our website is provided for your information and to facilitate inquiries and bookings. You do not need to create a user account or log in to browse the site or to book services. Any purchase or booking can be made through provided forms or checkout pages without formal account registration. You agree to provide accurate information (such as your name, contact details, and any required swimmer information) when submitting an inquiry or booking a service. Even without an account, you are responsible for maintaining the confidentiality of any booking confirmation or access links we provide to you.
Direct Booking and Purchases: When you choose to purchase a swim analysis session or package on our site, you will be guided through the booking process. You may be required to select a date and location (or virtual session option, if available) and provide payment at the time of booking. All orders or bookings you place are subject to acceptance by YORG. We reserve the right to refuse or cancel a booking for any reason, such as if a session time is no longer available or if we suspect any fraudulent or inappropriate activity. If we cancel a booking you have already paid for, you will be entitled to a full refund of that payment.
Eligibility (Individuals, Teams, and Minors)
Individual Clients: You must be at least 18 years old to agree to these Terms and use our services on your own. By purchasing or scheduling a service, you represent that you are 18 or older. If you are under 18, you may only use our services under the supervision of a parent or legal guardian who consents to these Terms on your behalf.
Team/Club Clients: Teams or clubs (such as school teams, swim clubs, or other organizations) may also use our services. If you are booking on behalf of a team or club, you confirm that you have the legal authority to do so (for example, you are a coach or official with permission to enter agreements for the team). The team or club and its members will be bound by these Terms through your acceptance. As the representative, you are responsible for ensuring that all participating swimmers (and their parents/guardians in the case of minors) are informed about the nature of the services and agree to any conditions required (for example, consent to being filmed).
Minors: Swim analysis services often involve participants who are minors (under 18). If a parent or guardian books a service for a minor, the parent/guardian must accept these Terms and is responsible for the minor’s compliance with them. Parental Consent: By booking for a minor, you confirm that you are the minor’s parent or legal guardian (or have authority from the parent/guardian) and that you consent to the minor’s participation in our swim analysis services, including being videotaped or photographed for analysis purposes. Adult Supervision: For any in-person sessions involving minors, a parent, guardian, or designated responsible adult (such as a coach) must be present during the session. YORG staff will conduct the swim analysis and provide feedback, but we do not take on general supervisory responsibility for minors outside of our specific activities. The parent/guardian or team is expected to supervise and ensure the minor’s safety before, during, and after the analysis session (aside from the instruction we are giving). YORG will communicate feedback and analysis involving a minor to the parent/guardian or coach as appropriate, to maintain transparency and age-appropriate guidance.
Booking, Fees, and Payment
Pricing and Fees: All prices for our services will be indicated on our website or communicated to you (for example, via an online booking form or a quote). Prices are in U.S. dollars unless stated otherwise. We strive to ensure accuracy in pricing, but if we discover an error in the price or description of a service you have ordered, we will contact you with the correct information and you will have the option to proceed with the booking at the correct price or cancel for a full refund.
Payments: When you book a session, you agree to pay the listed fees for that service. Payment is typically required at the time of booking to secure your session. Our website will direct you to provide payment through a secure payment processor. Acceptable forms of payment may include credit/debit cards or other electronic payment methods as indicated during checkout. By providing payment information, you represent that you are authorized to use the payment method and you authorize us (or our third-party payment processor) to charge the full amount of your purchase (and any agreed deposits or additional fees) to that payment method.
Deposits: For certain bookings (especially for teams or large group sessions), we may require a deposit to hold your reservation. If a deposit is required, the website or our communication with you will specify the deposit amount and when the balance is due. Typically, a deposit is a percentage of the total fee (for example, 20% or 50%) and the remainder is due by the date of the session. Deposits are generally applied toward the total cost of the service.
Confirmation: After you complete your booking and payment, we will send you a confirmation email or message with details of your session (date, time, location or meeting link, and what to expect). Please review this information and contact us if anything is incorrect.
Third-Party Payment Processing: We use reputable third-party payment services to handle transactions. These processors may have their own terms and privacy policies, which will govern your use of their services. YORG is not responsible for any errors or security breaches by the payment processor, but we will work to resolve any issues to the best of our ability.
Scheduling, Rescheduling, and Cancellation
We understand that plans can change. The following outlines our policies on rescheduling or cancelling booked sessions:
Rescheduling by Client: If you need to reschedule your swim analysis session, please notify us as soon as possible. We will do our best to accommodate a new date or time. In general: - If you request a reschedule with at least 48 hours notice before an individual session (or at least 7 days before a team/club session or clinic), we will reschedule you without any penalty or fee. Any deposit or payment you have made will simply apply to the new session date. - If you request a reschedule on shorter notice than the above (for example, less than 48 hours for an individual session), we will still try to accommodate you. However, if it’s not feasible for us to adjust on short notice, we may treat it as a cancellation (see below) to fairly compensate for the time we set aside. This could mean you might need to pay a new deposit for a future booking or forfeit a portion of your payment to cover our lost time.
Cancellations by Client: If you decide to cancel your session outright (and not reschedule), the following applies: - Early Cancellation: If you cancel with sufficient advance notice (at least 7 days before the scheduled session date), you will receive a full refund of any fees you’ve paid, including any deposit. - Mid-Notice Cancellation: If you cancel on shorter notice (for example, between 7 days and 48 hours before an individual session, or a comparable window for a team session), we may retain your deposit as a cancellation fee, but will refund any amount you paid above the deposit. This is because it may be difficult to re-fill your slot on short notice and we might have already prepared for your session. - Last-Minute Cancellation or No-Show: If you cancel with very short notice (less than 48 hours before an individual session, or less than 7 days before a team/club session) or if you fail to show up for your scheduled session, we reserve the right to charge you the full session fee. Any deposit you paid will be applied toward that fee, and you may be responsible for paying the remaining balance if only a deposit was paid. Last-minute cancellations often cannot be filled, and this policy helps cover the time and resources we set aside for you.
We will always consider special circumstances, and we aim to be fair. If an emergency or truly unavoidable situation arises leading to a last-minute cancellation, please inform us – we may, at our discretion, waive some cancellation fees or offer to reschedule even if the notice was short.
Cancellations or Changes by YORG: If YORG needs to cancel or reschedule your session (for example, due to coach illness, emergency, equipment issues, unsafe weather for outdoor filming, or other unforeseen circumstances), we will notify you as soon as possible: - We will first offer to reschedule the session at a new mutually convenient time. In this case, any amount you’ve paid will apply to the rescheduled session, and no additional cost will be charged to you for the change. - If rescheduling is not possible or you choose not to reschedule, we will provide a full refund of any fees you have paid for that session (including any deposit). This refund will be your sole remedy for the cancellation on our part; we will not be liable for any other costs you incurred (for example, personal travel expenses to a session that was canceled).
Force Majeure (Uncontrollable Events): If the session cannot take place as scheduled due to events beyond everyone’s control – such as natural disasters, government restrictions, widespread facility closures, or other force majeure events – we will work with you in good faith to reschedule. If the situation makes rescheduling extremely difficult or delayed, either you or YORG may decide to cancel the session without penalty. If a session is canceled due to such extreme conditions, you will receive a refund of any fees paid, minus only any portion that covers expenses YORG already incurred and cannot recover (we will inform you if that’s the case). We will communicate with you about any such events and their impact on your service.
User Responsibilities and Conduct
To ensure a safe and productive experience, we expect all clients (individuals and teams) to meet certain responsibilities:
Provide Accurate Information: You agree to provide true, current, and complete information when interacting with us. This includes information given during booking (such as contact details and swimmer names) and any health or personal information you volunteer that might be relevant to the service. You are responsible for updating us if any important information changes prior to your session.
Timeliness and Cooperation: You (and any swimmers involved) should arrive on time and prepared for scheduled sessions. If you are a team/club, you should ensure your participants are present and ready as scheduled. Follow any instructions given by YORG staff during the session, such as how to perform a drill or where to position for filming. We also expect appropriate behavior and cooperation at the pool or facility – maintain good sportsmanship and respect towards coaches and other swimmers.
Facility Access and Rules: Unless we have arranged a specific location for you, you are responsible for providing or securing access to a suitable pool or facility for the swim analysis session. If the session is at a pool or facility not provided by YORG, you must ensure we have permission to conduct our analysis there (including permission to film). You are responsible for any facility fees or requirements (such as entry fees, lane rentals, or permits) unless we agree otherwise in writing. Additionally, you and your swimmers must abide by all the facility’s rules and safety guidelines (for example, pool rules or required swim attire) during the session.
Health and Fitness: You affirm that you (or your participating swimmers, including minors) are physically fit and capable of participating in swimming activities. It is your responsibility to disclose any known health conditions, injuries, or limitations that might affect safe involvement in a swim session. If you or any participant have health concerns (e.g. asthma, seizures, heart conditions, recent injuries), please consult a physician before using our services. YORG’s staff are not medical professionals and will not assess your medical condition – it’s up to you to ensure you (or your child) are medically cleared to swim. If at any time during a session you feel pain, dizziness, or anything unsafe, stop immediately and inform our staff.
Safety and Conduct During Sessions: You agree to follow all safety instructions provided by YORG coaches or staff. This includes using proper swimming techniques as instructed, using any equipment (such as cameras or training aids) carefully as directed, and not engaging in reckless behavior (no horseplay, running on pool decks, or any action that could cause harm). If you or your swimmer violate safety rules or instructions, we reserve the right to pause or terminate the session for everyone’s well-being. In serious cases, a participant who refuses to follow safety guidance may be asked to leave the session, and if so, they will not be entitled to a refund.
Equipment Care: We may provide specialized equipment during a session (for example, underwater cameras, sensors, or other tools). Any equipment we provide remains our property. You agree to use it cautiously and only as directed. If you (or your team members) intentionally misuse or recklessly damage YORG’s equipment, you may be held responsible for repair or replacement costs.
Team/Club Coordination: If you are a team or club client, you should designate a primary contact person (such as a coach or team manager) to work with YORG for scheduling and communications. This representative should help coordinate the session logistics and ensure the team members are informed about what they need to do. The team is also responsible for obtaining any necessary waivers or consents from its members or their parents (we may provide forms or specific terms that need to be acknowledged, such as permission to film minors). The team representative should distribute those forms and collect them as needed so that all participants (or their guardians) have agreed to the service conditions beforehand.
No Unlawful or Improper Use: You agree not to use our website or services for any unlawful purpose or in any way that could harm YORG or others. This means you will not attempt to gain unauthorized access to our systems, you will not use our site to transmit any harmful code, and you will not engage in any behavior that disrupts our operations or other users’ experience. You also agree not to use our site to harass, defame, or violate the rights of any other person.
Respect for Intellectual Property: You must not misuse any of YORG’s content or intellectual property (detailed in the Intellectual Property section below). For example, do not copy our website materials or attempt to replicate our analysis methods without permission. If you are provided with deliverables (videos, reports, etc.), use them only as allowed and do not remove any YORG branding or notices on them.
By fulfilling these responsibilities, you help create a safe and effective environment for everyone involved. If you have questions about what is expected, please ask us – we are happy to clarify any requirements to ensure a great experience.
Intellectual Property
Ownership of Website Content: All content on the YORG website – including text, photographs, videos, graphics, logos, design, software, and tools – is owned by YORG LLC or by our content suppliers and partners. This content is protected by copyright, trademark, and other intellectual property laws. YORG retains all rights, title, and interest in our website content.
Permitted Use of Website: We grant you a limited, revocable license to access and use our website and its content for your personal, informational use and for the purpose of learning about or booking our services. You may not use the website content for any commercial purpose unrelated to YORG or in any way not expressly permitted by these Terms. For example, you are allowed to read information on our site, download or print pages for your personal reference, or share website links with others interested in our services. However, you must not: - Copy, reproduce, or distribute website text, images, or videos for any public or commercial purpose without our prior written permission. - Modify or create derivative works of any part of our site content. - Remove or alter any copyright notices, trademarks, or other ownership markings on the site content. - Use our illustrations, photos, or videos out of their context (for instance, separating images from the accompanying text or explanation on our site).
If you breach these restrictions, your permission to use our site automatically terminates and you must destroy any copies of content you have made. No rights or ownership in our website or its content are transferred to you by allowing you to view it. We reserve all rights not expressly granted.
Trademarks: The name “YORG LLC,” our logos, and any slogans or product/service names we use are trademarks or service marks owned by YORG. You are not permitted to use these marks without our prior written consent. Other trademarks on the site (such as logos of partner organizations or equipment brands) are the property of their respective owners and are used on our site for identification purposes only.
Ownership of Service Deliverables and Materials: In the course of providing our swim analysis services, we produce certain materials such as video footage of your swimming, analysis reports, commentary (written or audio), and possibly custom training tools or software outputs. All these materials created by YORG as part of the service are the intellectual property of YORG. We retain full ownership of the videos, images, analysis, and any proprietary techniques or software used to generate them.
License to Use Deliverables: Once you have paid for a swim analysis session or program in full, we grant you a limited, non-exclusive license to use the deliverables provided to you for your own personal use (if you are an individual) or for internal use within your organization (if you are a team or club). This means: - If you are an individual client, you may view and utilize the video footage and analysis report for your personal training, skill development, and reference. For example, you can re-watch your technique videos to practice improvements or share the report with your personal coach or healthcare provider. - If you are a team or club client, you may share the videos and analysis internally with the swimmers who were analyzed, the team coaches, and relevant team officials. For instance, if we analyze multiple swimmers on your team, the team can distribute each swimmer’s analysis to that swimmer and their coaches. The goal is to use the materials for those swimmers’ improvement within the team.
Restrictions on Deliverables: Except for the permitted uses above, you agree not to distribute, publish, or exploit the deliverables we provide without our prior written permission. Examples of what is not allowed without permission: - You should not post the full analysis videos or substantial parts of them publicly on the internet (such as on YouTube or social media) especially for commercial purposes or promotional content, unless we have agreed in writing (typically, we would require a separate media release for public use of footage). - You should not sell the analysis content or include it as part of any product or service you offer to others. - You may not remove any YORG logos, watermarks, or attribution that may appear on the deliverables. If our materials include our branding or a notice (for example, a logo on a video or “© YORG LLC” on a report), that must remain intact if you share the material with others as allowed.
These restrictions help protect the value of our services and our intellectual property. If you ever wish to use YORG’s content or deliverables in a way that is not clearly permitted by these Terms, please contact us to discuss obtaining permission.
Client-Provided Content: In some cases, you might provide materials to YORG as part of the service. For example, you might send us a video clip of your own (or your swimmer’s) past race for us to analyze, or you might provide data from a fitness tracker. You retain ownership of any original materials that you provide to us. By giving us such materials, you are granting YORG a permission (a license) to use those materials for the purposes of delivering the analysis service to you. You also confirm that you have the right to provide those materials – in other words, you either own the content or have obtained any necessary permissions (for instance, if a professional photographer took a video, you have the rights to use it or to allow us to use it). We will not use any content you provide for any purpose other than providing you our service unless you give explicit consent. For example, if you give us a race video, we will use it only to analyze and give you feedback; we will not post it on our website or share it externally without your permission.
YORG Tools and Software: YORG may utilize special tools, software, or algorithms for analyzing swim performance. All such tools (including any custom software, data analysis techniques, or proprietary methods) are our intellectual property or that of our licensors. Using our services does not give you any ownership or rights to these tools or software. If we provide you with access to a software platform (for example, an online portal to view your analysis results), that access is only temporary and solely for you to use the platform for its intended purpose (e.g., to view your own videos). You agree not to attempt to copy, reverse-engineer, or misuse any of YORG’s technology or tools.
Privacy and Data Protection
Your privacy is important to us. Although this section is not a full Privacy Policy, we want to clearly state how we handle personal data and recordings in the context of our services. (For more details on privacy, please refer to our full Privacy Policy if available on our website.)
Personal Information: When you interact with YORG, you may provide personal information (such as your name, email, phone number, and possibly health or emergency contact details) especially when booking a session or filling out a questionnaire for analysis. We will use this information only for purposes related to providing our services to you and communicating with you. For example, we use your contact info to send confirmations and your health info (if provided) to be aware of any precautions during training.
Video and Media Recording: A core part of our swim analysis is filming and photographing swimmers to review their technique. By using our service, you consent to being recorded on video or in photographs for the purposes of analysis and coaching. We will handle these recordings with respect and professionalism. Videos and photos taken during your session will be used internally: our coaches will review them and prepare feedback for you. We will share the relevant footage and analysis results with you (and if you are a minor, with your parent/guardian and possibly your coach). Internal Use: YORG may also use these recordings internally to train our staff or improve our services, but this internal use will not include any public disclosure of your identity.
No Public Sharing Without Permission: We will not publish or post identifiable videos or photos of you (or your child, if a minor) publicly without your explicit consent. That means we won’t use your swim videos in our marketing materials, on our website, or on social media unless you have separately agreed (typically through a media release form) to allow such use. You are absolutely not obligated to grant any such permission, and declining will not affect your access to our services. If you do agree to let us use a clip or image for publicity, we will discuss any compensation or terms at that time (but by default, internal training use or the service itself does not entitle you to compensation for the recordings, as they are part of the service deliverables).
Data Security: YORG takes reasonable measures to protect your personal data and any recorded media. We use administrative, technical, and physical safeguards to secure the information you provide and the videos we capture. For example, digital files may be stored on secure cloud services or encrypted drives accessible only to YORG personnel who need them. However, please note that no method of data storage or transmission over the internet is 100% secure, and while we do our best, we cannot guarantee absolute security. In the unlikely event of a data breach that affects your personal information or videos, we will notify you as required by law.
Limited Access: Only YORG staff, contractors, or service providers who have a legitimate need to access your information or footage (for example, a coach analyzing your video, or an admin scheduling your session) will be able to view your data. All such persons are bound by confidentiality obligations. If we use third-party platforms to process or store data (such as a video analysis software or cloud storage), we will ensure those third parties are reputable and have privacy commitments in place.
No Selling of Data: We will not sell, rent, or trade your personal information or your videos to any unrelated third party for marketing or other purposes. We respect that the data and footage we collect are sensitive and personal to you.
Exceptions for Legal or Consent: The only instances in which we might share your information or recordings with someone outside of YORG are:
If you ask us or consent that we share something (for example, you want us to send a video to your personal coach or include a trainer in our analysis discussion, we will do so with your permission).
If we are required by law or a legal process to disclose information (for instance, a court subpoena or a lawful request from authorities). If that happens, we will, if allowed, inform you that we’re required to release information.
Retention and Deletion: We will retain your personal data and recordings for as long as needed to fulfill the purposes of the service or as required by law. If you wish, you may request that we delete the videos or personal data after your service is completed. Upon a verified request, we will delete or anonymize the data we hold about you within a reasonable time (please allow us up to 30 days to process deletion requests). Note that in some cases we might need to keep certain information for legal or recordkeeping reasons (for example, we might keep your invoice or a basic record of the service provided, even if we delete the actual video footage at your request). Also be aware that once we delete your footage at your request, we won’t have a backup – so make sure you have saved your copy of any deliverables, because we won’t be able to recover them later.
By using our services, you acknowledge that we will collect and use data as described above and in our Privacy Policy. We are committed to protecting your privacy and will honor these commitments.
Disclaimers
No Medical Advice: YORG’s swim analysis and coaching services do not constitute medical advice. We are not medical professionals, and nothing on our website or in our services should be taken as medical or health advice. Any information we provide about training, exercise, or body mechanics is for performance improvement and educational purposes only, and is not a substitute for professional medical evaluation or treatment. You should consult a physician or healthcare provider if you have any medical questions or concerns about participating in swimming activities or starting any exercise program. If during our analysis we mention aspects of physical performance (like flexibility or muscle use), understand that this is general athletic coaching – not a medical assessment.
No Guaranteed Results: We want to help you improve, but we do not guarantee any particular results or performance outcomes from using our services. Each swimmer is unique, and improvement depends on many factors outside our control (such as the effort you put in, your overall training, health, and natural abilities). Any examples of success or improvement described on our site or by our coaches are illustrative only and not a promise that you will achieve the same. By using our services, you acknowledge that improvement in sports is individual and gradual, and you will not hold YORG responsible if you do not achieve specific goals (for example, dropping a certain race time) after our analysis.
Informational Content: The content on our website (such as blog posts, tips, or FAQs) is provided for general information about our services and swimming topics. While we strive for accuracy, the website content may not always reflect the most current developments or techniques, and it could contain inadvertent errors. We do not warrant the completeness or usefulness of any information on the site. Reliance on any information on the website is at your own risk. If you spot something that seems out-of-date or incorrect, feel free to contact us and we will review and update it if needed.
“As-Is” Basis: Our website and services are provided on an “as is” and “as available” basis. This means: - We do not make any promises that the website will be uninterrupted, secure, or free of errors or viruses. While we take precautions to maintain our site, we cannot guarantee it will always function perfectly or be compatible with every device or browser. - We disclaim any implied warranties or conditions of merchantability (that our service is fit for ordinary use), fitness for a particular purpose (that it will meet your specific needs), and non-infringement. In plain language, we are not making promises that our service will work perfectly for what you personally hope to achieve or that it won’t have any minor issues. - No advice or information, whether oral or written, obtained from YORG or through our website, will create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties, so if you are in such a jurisdiction, some of the above disclaimers may not fully apply to you. However, in such cases we still only provide warranties and remedies to the minimum extent required by applicable law.
Assumption of Risk
Inherent Risks of Swimming: By participating in our swim analysis services, you understand and voluntarily accept that swimming and athletic training come with inherent risks. These risks can include, for example: slipping on a wet pool deck, muscle strains from exercise, collisions in the water, water inhalation or drowning in extreme cases, or the risk of injury from using equipment like starting blocks or cameras around the pool. While YORG takes precautions to maintain a safe environment and provides guidance for safe technique, not all risks can be eliminated.
Your Responsibility: You agree that you (and, if you are a parent/guardian or team booking for participants, those participants) assume all ordinary risks associated with swimming activities and the training exercises involved in our analysis sessions. It is your responsibility and choice to participate. If you ever feel unsafe or unprepared to continue an activity, you agree to immediately inform our staff and discontinue the activity.
Release of Liability for Ordinary Risks: To the fullest extent allowed by law, you release YORG LLC and its owners, employees, contractors, and agents from any liability for injury, harm, or loss that may occur during a swim analysis session or as a result of our services, provided that such injury or loss is not caused by gross negligence or intentional wrongdoing on the part of YORG. In other words, we are not responsible if you experience a mishap that is considered an ordinary risk of swimming or athletic training (for example, a pulled muscle, a scrape, or any accident that could happen despite proper precautions) or minor negligence. We do not seek to release any liability for extreme fault on our part – this means if, for instance, YORG were to act with extreme carelessness or willful misconduct causing harm, these Terms do not waive your right to hold us accountable for that.
By agreeing to these Terms, you confirm that you understand the risks involved in swim training and analysis. You also confirm that you either have adequate insurance coverage or are otherwise prepared to cover any medical expenses that might arise from any injury, since YORG will not be liable for those costs under this release. If you are a parent or guardian signing on behalf of a minor, you are making these confirmations on the minor’s behalf as well.
No Liability for Third-Party Actions: YORG is not responsible for the actions or omissions of third parties that might affect your experience. For example, if a pool facility has a maintenance issue or another swimmer not associated with YORG causes an accident, we are not liable for those external factors. We will, however, do everything reasonably possible to help in any such situation.
This assumption of risk and release is a critical part of these Terms. It allows us to offer athletic training services without facing liability for general risks that cannot be completely controlled. If you do not understand or are not comfortable with this assumption of risk, please do not use our services.
Limitation of Liability
Limited Liability: In addition to the above assumption of risk, you agree that if YORG is found responsible for any damage or loss arising out of or relating to your use of our website or services, our total liability will be limited to the amount you paid to YORG for the service that directly gave rise to the claim, or one hundred U.S. dollars ($100), whichever is greater. We will not be liable to you for any amount beyond this limit. This limitation applies whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory.
No Indirect Damages: To the maximum extent permitted by law, YORG will not be liable for any indirect, consequential, incidental, special, or punitive damages. This means we are not responsible for, for example, lost profits, lost opportunities, lost data, or emotional distress that might result from our services or your use of the website. For instance, if our website is down and you miss a chance to book a session, or if our analysis does not improve your race times as you hoped and you miss an achievement, we are not liable for those types of losses. Similarly, if you incur costs (like travel or lodging expenses to attend a swim session) and then a session is canceled or changed, we will not cover those costs beyond what we expressly promise (which would be a refund of our own service fee in the case of a cancellation by us).
Some states or jurisdictions do not allow exclusion or limitation of certain damages, so the above limitations may not apply to you fully. However, our liability is limited and exclusions apply to the fullest extent permitted by law.
Indemnification: You agree to indemnify and hold harmless YORG LLC and its employees and agents from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of or related to (a) your use of our website or services, (b) any content you provide or actions you take that violate these Terms or any applicable law, or (c) your violation of any rights of another person or organization. In simpler terms, if your actions result in a lawsuit or claim against YORG by a third party, you will defend and reimburse us for the costs and damages.
This Limitation of Liability and Indemnification section survives the termination or expiration of these Terms – meaning it stays in effect even after you’ve stopped using our services.
Service Availability and Changes
Availability of Website: We strive to keep our website up and running smoothly, but we do not guarantee that the site will always be available or accessible. There may be times when the site is offline for maintenance, updates, or due to technical issues beyond our control. We are not liable if the website is unavailable at any particular time or if any features are not working as expected. However, if you encounter a technical problem while trying to book or use our site, please contact us and we will assist you in completing your booking or providing the information you need.
Service Modifications: YORG reserves the right to modify or discontinue any part of our services or website content at any time. This can include changing the range of services offered, adjusting pricing, altering the schedule or availability of sessions, or updating the content on our website. We may also update these Terms from time to time (see Changes to Terms below). We will try to give advance notice on major changes (for example, if we plan to discontinue a certain type of service or substantially change pricing), but we are not obligated to provide notice for every change. It is your responsibility to check our website or communications for updates.
Right to Refuse Service: YORG may refuse, suspend, or terminate your access to the website or services if we reasonably believe that you have violated these Terms or are otherwise misusing the services. For example, if a user is found harassing our staff or other clients, falsifying information, or engaging in unsafe behavior, we may cancel their future sessions or block them from booking further services. If we terminate services due to a violation of these Terms on your part, you may not be entitled to a refund (especially if the violation caused us to incur costs or lose opportunities with that session slot). We will communicate with you regarding any such action and, if appropriate, provide warnings before termination.
Third-Party Services: Some aspects of our services may rely on third-party providers (for example, a scheduling platform, video analysis software, or payment gateway). While we select reputable partners, we cannot guarantee their performance. Any downtime or issues caused by third-party services are outside our control. However, we will work diligently to resolve such issues or find alternative solutions if a third-party service fails.
Geographic Availability: YORG operates in Virginia and New York, and our services are generally intended for clients in those areas (or who can travel to those areas for in-person sessions). We do not guarantee that our services or website content are appropriate or available outside these regions. If you access our site from outside the U.S. or attempt to book a service for a location outside our operating area, we may not be able to accommodate you. It is your responsibility to ensure that using our services is legal in your jurisdiction (though generally, swim coaching is not restricted by law). We reserve the right to decline bookings from outside our service regions if we cannot reasonably provide the service.
Changes to Terms
YORG may update or modify these Terms and Conditions from time to time. If we make a significant change, we will post the revised Terms on our website and update the “Last Updated” date at the bottom of this document. In some cases, we might also notify users via email or a notice on our homepage, especially if you have a pending booking with us when changes occur.
Any revised Terms will become effective when posted, unless otherwise stated. By continuing to use our website or services after the new Terms take effect, you agree to the revised Terms. If you do not agree to changes, you must stop using the site and services, and if you have an upcoming booking you wish to cancel due to the changed Terms, you should notify us promptly to discuss your options.
We encourage you to review these Terms periodically to stay informed about your rights and obligations when using YORG’s services.
Miscellaneous Provisions
Entire Agreement: These Terms and Conditions (along with any additional policies or terms referenced, such as our Privacy Policy or any specific agreement you sign when booking) constitute the entire agreement between you and YORG LLC regarding the use of our website and services. They supersede any prior agreements, understandings, or communications (whether written or oral) about the same subject matter. In entering this agreement, neither party is relying on any statement or promise that isn’t explicitly stated in these Terms.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect. In other words, the invalid part will be cut out or narrowed, and the rest of the agreement will still apply.
No Waiver: If YORG fails to enforce any right or provision of these Terms, that does not mean we waive our right to enforce it later. For example, if you violate one of these Terms and we don’t immediately take action, we can still take action at a later date or for a future violation. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of YORG.
Assignment: You may not assign or transfer your rights or obligations under these Terms to someone else without our prior written consent. For example, if you booked a service, you can’t just transfer that booking or your rights under the agreement to another person or entity without approval. YORG, however, may assign or transfer these Terms (for example, in the event of a merger, acquisition, or transfer of our assets to another company) as long as the assignment does not reduce your rights.
Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and YORG. You are purchasing services as an independent client. You do not have authority to make commitments on our behalf, and we do not control you or your swimming activities beyond providing our analysis service.
Governing Law: These Terms and any disputes arising out of or relating to these Terms or our services are governed by the laws of the United States and the laws of the Commonwealth of Virginia and the State of New York, without regard to their conflict of law principles. We operate in both Virginia and New York, and we intend to comply with the laws of both states. Essentially, we are giving notice that we abide by relevant laws in those jurisdictions. If a dispute arises that leads to legal action, it may be brought in an appropriate state or federal court that has jurisdiction in either Virginia or New York (generally, this will be a court near our primary place of business or where the service was provided). By agreeing to these Terms, you consent to the jurisdiction of such courts. (If you are a consumer residing outside these states, you may have rights to bring an action in your home state as required by law, but in general we anticipate resolving issues in VA or NY.)
Compliance with U.S. Law: You agree to use the website and services in compliance with all applicable laws and regulations. Because we are a U.S. company, U.S. law governs certain aspects like export controls, sanctions, and other regulations. However, since our services are athletic in nature and not likely subject to export rules, this is mostly a formality. Just be aware that you must not use our site or services for any illegal purpose.
Contact Information: If you have any questions or concerns about these Terms and Conditions, or if you need to contact us for any reason, you can reach us at:
YORG LLC – Swim Analysis Services
Email: privacyandterms@yorgperformance.com
We value clear communication and will do our best to address any issues you raise.
Last Updated: 7/29/2025
By using the YORG website or booking our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. We appreciate your trust in YORG LLC and look forward to helping you (or your team) enhance your swimming performance in a safe and supportive way. Enjoy your session, and swim fast!