Swim School Policies & Procedures and Waiver & Release of
It is critical that you understand the Policies & Procedures and Waiver
& Release of Liability of our swim school (“Swim School”) which is an
independently owned and operated business within the SwimLabs®
franchise system, to ensure each student has a fun, rewarding and safe
experience when learning to swim.
POLICIES & PROCEDURES
There are no registration deadlines at the Swim School. Students
registering for lessons can join us at any time subject to available
capacity. A registration fee per swimmer (with a limit per family) will be
charged when each swimmer is booked for a lesson. All swimmers will be
charged this registration fee, which covers the cost of managing the
registration and booking process. The registration fee is non-refundable
Tuition is billed monthly. The monthly billing amount may vary based on the
number of weeks in the calendar month. Tuition is billed for the upcoming
month on the 25th of the current month. Once you are enrolled in classes or
monthly private or semi-private lessons, you will continue to be billed
monthly until you notify us of your desire to withdraw from classes (see
“Withdrawing From Monthly Lessons” below). Tuition for your first month
will be prorated according to the number of classes left in the month and
will be billed immediately.
Withdrawing from Monthly Lessons
To withdraw from monthly lessons, log in to your account via the customer
portal on the SwimLabs website (www.swimlabs.com) and complete the withdraw
option for your student. You may also withdraw over the phone. Withdrawal
notifications received via email are not valid. In order to avoid being
charged for the next month of lessons, you must withdraw your student on or before the 15th of the prior month. If you
submit a withdrawal form between the 16th and the 24th of the prior
month, we can remove your student/students from lessons with a $30 per
swimmer late withdrawal fee. Withdrawals that are submitted between the 25th and the end of the prior month can be
removed from lessons and we will refund 50% off your
tuition with no late withdrawal fee. Withdrawals submitted between the 1st and 7th of the same month as the
lesson(s) can be removed from lessons and we will refund 25% of their tuition with no late withdrawal fee.
Withdrawals submitted after the 7th of the same
month as the lesson (s) there will be no refund.
Date of Withdrawal
Before the 15th of the prior month
Between the 16th and the 24th of the
Between the 25th and the end of the prior month
Between the 1st and the 7th of the
same month as the lesson(s)
After the 7th of the same month as the lesson(s)
No charge for following month
$30 withdrawal fee
50% tuition refund
25% tuition refund
In some cases, trial classes may be offered by the Swim School. In order to
book a trial class, a registration form must be submitted, and all
policies, procedures, waivers and other standard terms and conditions must
be agreed to by the participant or guardian of the participant before he or
she can participate in the trial class.
Packages and Other Programming
Packages may be purchased for private, semi-private, or “Build Your Own
Group” private swim lessons. Fees for these packages and SwimJams, TeamPreps, Clinics, and other special
programming will be billed immediately. Each time you arrive for a lesson,
a lesson is deducted from your package or program. It is your
responsibility to make sure that your vacations, appointments and other
activities do not interfere with lessons or programs you have scheduled. We
do not offer refunds for any packages or programs purchased. All packages
expire after one year from the date of purchase.
Cancellations and Refunds
For all package lessons, we require 24-hour notice to cancel or reschedule
a lesson. If less than 24-hour notice is given, you will be charged a
cancellation fee of $25 for non-Elite Coaches and $40 for Elite Coaches per
absence. It is your responsibility to make sure that your vacations,
appointments and other activities do not interfere with the lessons for
which you have scheduled. We do not refund cancellation fees. We will not
offer any refunds for lessons missed for any reason. In addition,
registration fees and late withdraw fees are non-refundable.
In the case that a facility is closed due to inclement weather or
maintenance, your account will be credited for the lesson(s) cancelled or a
make-up class may be scheduled. If the student is sick, your account can be
credited, or a make-up lesson can be scheduled as long as a doctor’s note
is provided within one week of the missed class. All credits will be
applied to future tuition for lessons at the Swim School and cannot be
converted to cash or transferred to any other party. Credits and make-ups
may only be used at the SwimLabs location at which they were given (credits
are not transferrable to another location). Credits expire one year after
the date they were applied to the account. If you opt for a make-up lesson,
it must be scheduled within a week of the original missed lesson and is
subject to availability as determined by the Swim School. All make-up
lessons are dependent on availability.
Methods of Payment
Electronic payments are the only payment methods accepted by the Swim
School. Electronic payments include credit cards, debit cards and EFT/ACH
transfers (electronic transfers from your bank account where you supply us
with your bank routing number and account number). Checks and cash are not
accepted. You are responsible for making sure your form of payment remains
current. Should your form of payment lapse for any reason, your student(s)
may be withdrawn from classes at the sole discretion of the Swim School.
Tuition Paid by Third Party
Tuition can be paid through a third party and require a third-party payer
agreement to be signed by the primary party. A credit card is required to
be on file for all customers paying for swim lessons via a third party.
Customers are responsible for tuition if the funding expires or we do not
receive the payment from the third party.
OTHER IMPORTANT POLICIES & PROCEDURES
Unless otherwise noted, each group, semi-private, and private lesson is 30
minutes in length. Monthly lessons are held weekly at the same time and day
of the week. Private and semi-private lessons purchased via packages are
scheduled based on the swimmer’s preference and the availability of our
schedule. Clinics and other programming length may be different and are
scheduled at various times throughout the year.
Please arrive early enough so that your student has time to stop by the
bathroom, get changed, and get equipment ready before class begins. To
avoid class disruptions, if the student is more than 10 minutes late, he or
she will not be allowed to join class that day.
Instructor and Class Changes
We do our best to accommodate specific instructor requests. However,
specific requests for instructors are not guaranteed. Instructor
substitutions, modifications, and changes can occur at the sole discretion
of the Swim School. If classes are not booked to capacity, we reserve the
right to combine classes to fill the class. We reserve the right to cancel,
change your lesson day, time, or level at any time at our sole discretion.
Moving to the Next Class Level
Students are rewarded with ribbons and promoted to the next class level
upon demonstration of skills required at each level. Every student will
learn skills at different rates. Therefore, students will be tested for
their ribbons when their instructors believe they are ready.
Changing Areas and Restrooms
Children under the age of four (4) must be accompanied by a parent/guardian
in a changing room or restroom. Children who are four (4) years or older
can use the changing room or restroom on their own if they are capable.
SwimLabs employees will not assist swimmers in the changing room or
restroom. It is the parent/guardian’s responsibility to take care of all
restroom and changing room needs of the swimmer.
Anyone entering the pool is required to wear appropriate swim apparel.
Street clothing is not permitted. While it is not required, we highly
recommend that little girls wear one-piece swimsuits.
All students who are not fully potty-trained and all students under the age
of three (3) are required to wear a swim diaper. A swimsuit should be worn
over the diaper. Even a small accident in the pool can close the pool for
as long as 24 hours. If in doubt, PLEASE do not take the chance. Non-disposable
swim diapers are available online at www.swimlabs.com and at the Swim
School. If a pool must be closed due to your child’s accident, you will be
assessed fees for revenue lost due to the closure. Please do your best to
avoid an accident during the lesson.
Any student who has hair longer than chin length is required to wear a swim
cap. Swim caps are available online at www.swimlabs.com and at the Swim
Unless otherwise directed by their instructor, all students should have a
pair of goggles at every class. We do not offer loaner goggles. Goggles are
available for purchase online at www.swimlabs.com and at the Swim School.
You must bring your own towel. Towels are not provided.
Watching Lessons in Dedicated Facilities
Each participant’s parent(s)/guardian(s) must remain at the facility during
the entire duration of each lesson. Spectators may watch from the specified
viewing area during their participant’s class. Spectators are not allowed
in the pool area during classes except when requested by the instructor or
during the designated time for Splash-N-Tell©. If you have questions or
requests for the instructor, you may ask them during the designated time at
Splash-N-Tell© week or leave a note at the front desk for the instructor.
Food and Snacks
Food and drink are not allowed on the pool deck at any time. The only
exception to this rule is bottled water in a non-glass container.
WAIVER & RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A WAIVER & RELEASE
OF LIABILITY OF CERTAIN LEGAL RIGHTS.
Your use of any facilities, services, equipment or premises used by a
SwimLabs Swim School, including but not limited to the Swim School
(collectively, the "Facilities"), and your participation in or visit to the
Swim School’s program, involve the risk of injury to you and/or your child,
whether you or someone else causes it. Specific risks vary from one
activity to another and the risks range from minor injuries to major
injuries, including catastrophic injuries such as drowning and death. You
understand and voluntarily accept these risks and agree that the Swim
School, SafeSplash Holdings and its affiliates, the owners and operators of
the Facilities, all of the Additional Entities listed below, and all such
parties' respective officers, directors, employees, volunteers, property
owners, managers, agents and independent contractors (collectively,
“Releasees”) will not be liable for any injury (including, without
limitation, personal bodily or mental injury), economic loss or any other
damage (collectively, "Losses") to you, your spouse, child, guests, unborn
child(ren), or relatives, whether caused by the active or passive
negligence of any of the Releasees or otherwise or by anyone at or using
the Facilities, and that the Releasees may not be held liable for any
Losses resulting from defective products.
If there is any claim by anyone for any losses that involves you or your
guest, you agree to 1) defend the Releasees against such claim and 2)
indemnify the Releasees, Fitness International, LLC and its affiliates, and
24 Hour Fitness USA, Inc. and its affiliates relating to any Losses arising
from such claim to the fullest extent under applicable law.
In addition to the terms above, you represent that you and your child are
in good physical condition and that there is no medical condition or
impairment that might prevent you or your child from participating in swim
instruction or using the Facilities. You further acknowledge that none of
the Releasees has not given you or your child medical advice related to
your physical condition and ability to participate. If you have any health
or medical concerns now or later, discuss them with your doctor.
CONSENT FOR EMERGENCY MEDICAL TREATMENT
In the event of a medical emergency, the undersigned Participant or
Parent/Guardian of the Participant(s) listed below, hereby grants
authorization to the Swim School, its management, directors and agents,
franchisees, its members, associates and employees and owner/operators, to
employ any legally licensed physician or health care facility on behalf of
the participant, and to direct and/or order emergency medical treatment for
the participants. Each of the undersigned also agrees that neither the Swim
School, any other SwimLabs franchisees, and any owners or operators of any
Facilities, nor any of their respective representatives, shall be liable
under any circumstances to anyone for exercising the foregoing authority in
the event of an emergency.
I grant to SafeSplash Holdings LLC and its affiliates,
representatives, designees, and employees the right to take film, video,
and photography of me, parties to whom I am legal guardian, any member of
my family or guests, and my property in connection with the Swim School’s
operations, including but not limited to promotional and marketing
purposes. I agree that all such film, video, and photography is owned by
SafeSplash Holdings LLC and/or its affiliates, and that I waive any claim
to royalties or compensation from SafeSplash Holdings LLC and its
affiliates. Accordingly, I authorize SafeSplash Holdings LLC and its
affiliates, assigns, and transferees to copyright, use, and publish the
same in print and/or electronically in perpetuity regardless of
media/channel. I agree that SafeSplash Holdings, LLC, any of its
affiliates, the Swim School, and any other SwimLabs franchisees or
operators, may use such film, video, and photography of me, or any party to
whom I am a legal guardian, with or without my name (and/or his/her name),
and for any lawful purpose, including, for example, such purposes as
publicity, illustration, advertising, social media, and web content.
I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION. I ACCEPT AND
ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. I
UNDERSTAND THAT THE INFORMATION HEREIN WILL GOVERN MY RELATIONSHIP AND
THE RELATIONSHIP OF ANY PARTICIPANTS WITH THE SWIM SCHOOL MY ACCEPTANCE
HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE
BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH THE SWIM
The “Additional Entities” included within the term “Releasees” above
include, but are not limited to the following: 24 Hour Fitness USA, Inc.,
2DSS, Inc, AAIS, Inc, Albiero Swimming Institute, LLC, AquaLife Atlanta,
LLC, Aquatic Animals, LLC, Aquatic Locomotion, LLC, Aquatics Projects
Hosted, LLC, Aquatics Projects, LLC, Aussie Swim School, LLC, B to B
Eastlake, LLC, Bill Wadley Swim Academy, LLC, Catch Swim Schools, LLC,
Colorado Swimmer, LLC, Cutting-Edge Aquatics, Inc , Dajael Inc, DFW Swim
I.M., LLC, Esmesh Investments, LLC, Esmesh Retail Solutions, LLC, Feet 2
Fins, LLC, Feet to Fins, LLC, JCH Sports, LLC, kidsluvswim, LLC, L2S, LLC,
LANMEK, Inc LLC Lilintahl, LLC, Machine Aquatics, LLC, MJZ Swim, LLC, Moon
Jelly, LLC, Newman Badger, LLC, Propulsion Inc, Quicksilver, LLC,
SafeSplash Aurora LLC, SafeSplash Meridian LLC, SafeSplash Parker LLC,
SafeSplash San Jose LLC, Sorrento Entertainment, LLC, SRIJI BIZ, LLC,
Stotan, LLC, Swim Corp. Inc., SwimLabs HC, LLC, Swim Like a Champion, Swim
Performance, LLC, Swim Ray, Inc., LLC, Swim Sobo, LLC, Swim University,
SwimComp, Inc, SwimLabs Fort Collins, LLC, SwimLabs, LLC, SwimPro LLC,
Swimtastic Fox Cities, Inc, Swimtastic Swim School, Inc, SwimTex, LLC,
Tadpole Swim Schools, LLC, Thide LLC, TK Swim School LLC, Westchester Swim
Studios Inc, White Cap, LLC, Wise Monkey, Inc, Streamline Brands, LLC,
SafeSplash Brands, LLC, SafeSplash Holdings, LLC, Fitness & Sports
Clubs, LLC and Fitness International, LLC.