SWIMLABS
SWIM SCHOOL POLICIES

Class Times 
The vast majority of our small group, semi-private or private lessons are 30 minutes in length, one day per week. Classes are held at the same time and day of the week during each week of ongoing swim lessons. However, we do offer other lesson formats to address our various customer requirements. Please note the class description for each lesson format before you enroll. 

Registration 
There are no registration deadlines. Customers can create accounts and enroll swimmers for lessons at any time, subject to available capacity in the requested lessons, as solely determined by the SwimLabs location for which they have been enrolled. 

Tuition and Fees 
Tuition: 
Ongoing swim lessons: You will input your payment method during the registration process. Once your student is enrolled for classes, your payment method will be charged for the first month’s tuition and an annual service fee. The amount of tuition for the first month will be prorated based on the number of available classes remaining in that particular month. Until you notify us of your desire to withdraw your student from classes in accordance with our policy (see “Dropping Enrollment” below), you agree to monthly, automatic recurring billing of tuition. The monthly amounts of tuition may vary based on the number of weeks in each respective calendar month. Ongoing swim lesson tuition will be billed on the 25th day of the month preceding the calendar month in which the classes will be held. For example, if you enroll your student in January, you will be charged the tuition and fees for January at the time of enrollment, and then you will be charged on January 25th for the tuition and fees corresponding to classes held in February. Tuition rates may differ according to location, day and/or time of the lessons provided. 

Promotional bundles, punch passes, camps (SwimJams), appointments, or clinics: When you enroll your student for classes as part of promotional bundles, punch pass, camp (SwimJams), appointment, or clinics, you will be charged the full amount of the tuition for such program plus an annual service fee. 

Annual Service Fee: 
An annual service fee must be paid by you for each student when such student is enrolled for any of the above programs regardless of the length of the program.  

Each year thereafter, the annual service fee will be automatically charged to your payment method on file during the month of your registration anniversary and is not refundable or transferable for any reason.  

Until you notify us of your desire to withdraw your student from classes in accordance with our policy (see “Dropping Enrollment” below), you agree to yearly, automatic recurring billing of the annual service fee. 

The amount of the annual service fee varies by location and is subject to change. The current annual service fee is listed on each location’s website on the pricing and promotion page. The annual service fee cannot be transferred to another SwimLabs location.  

If a student withdraws from lessons, and returns after their anniversary date, the annual service fee will be charged at the time of enrollment. 

Methods of Payment 
Valid payment information must be provided at the time of enrollment whether enrolling a student online, in person, or over the phone. Electronic payments are the only payment methods accepted by SwimLabs. Electronic payments include credit cards, debit cards and electronic check . Checks and cash are not accepted. You are responsible for making sure your method of payment remains current and valid. In the event your method of payment lapses for any reason and we are unable to collect payment from you, your student(s) may be withdrawn from classes at the sole determination of SwimLabs. In some cases, third-party payment arrangements will be accepted (please see below).  

Tuition and Annual Service Fee Paid by Third-Party 
Tuition and the annual service fee for any program may be paid on behalf of a student by a third-party (i.e., someone who is not a parent or guardian of the student). Any third-party payer must execute a third-party payer agreement and provide his or her credit card or electronic check (e-check) information. Such credit card or e-check information will be used to bill the third-party payer for the duration of any swim lesson program in which the student is enrolled, unless the third-party payer instructs otherwise. In the event the third-party payer fails or refuses to pay any amounts due for lessons provided to the student, the customer who originally enrolled the student for swim lessons will be responsible for any unpaid tuition and annual service fee payments due to SwimLabs. 

Electronic Check Insufficient Funds Fee Policy 
In the event an electronic check is returned or declined due to insufficient funds, an administrative fee of $10.00 will be assessed to the account holder. The account holder is responsible for ensuring sufficient funds are available in the account to cover all payments. Repeated instances of insufficient funds may result in further action, including but not limited to cancelling the participant’s enrollment in swim lessons. 

Dropping Enrollment 
To drop a student from lessons under any program, log into your account via the customer portal on the SwimLabs website (www.swimlabs.com) and complete the drop enrollment option for your student. You may also call or speak to a staff member at the location your student is enrolled to complete and receive confirmation of your drop. As you can only sign up for classes via the customer portal or via phone, you can only drop classes through those mechanisms and not through email or any other manner. 

You must submit a drop request at least thirty (30) days prior to your intent to drop from monthly swim lessons. The cancellation will be effective upon the thirty-first (31st) day after receiving receipt of proper notification (the “Drop Date”). All monthly tuition must be paid through the Drop Date and will be prorated according to the date. Your drop has been processed only when you receive an email confirmation from SwimLabs.  

Dropping Appointments (at participating locations only) 
Appointments are one-off or recurring private or semi-private lessons with a specific instructor. Appointments can be canceled or rescheduled with no penalty up to 48 hours before the scheduled appointment time. Canceling or rescheduling an appointment after that time may result in a cancellation fee being charged for the original appointment booking. Cancellation fees vary by location. 

Make-Up Lesson Due to Facility Closure 
In the event a facility is closed due to inclement weather, maintenance, or another reason, a make-up lesson might be scheduled at that particular SwimLabs location. If you are offered a make-up lesson, it must be completed within two (2) weeks of the originally scheduled (missed) class and is subject to availability, as solely determined by SwimLabs. If you are not offered a make-up lesson, your student’s account will be credited for the lesson(s) cancelled as a result of the facility closure. All such credits will be applied toward the tuition and fees for a future lesson (or lessons) only at the SwimLabs location at which they were issued. Credits are not transferrable to another SwimLabs location and cannot be converted to cash or transferred to any other student. Credits expire one (1) year after the date on which they were applied to the student’s account. 

Make-Up Lesson Due to Student Absence (at participating locations only) 
Students are eligible for one (1) make-up lesson every calendar month due to the student’s absence. The make-up lesson must be completed within two (2) weeks from the date of the original absence and is subject to the availability of instructors and the facility at which the original lesson took place, as solely determined by SwimLabs. No credit will be given if the student is subsequently unable to attend the scheduled make-up lesson. A student’s right to a make-up lesson cannot be transferred to any other student. 

Instructor and Lesson Changes 
While SwimLabs does its best to accommodate requests for students to have specific instructors, it cannot guarantee such requests will be granted. Instructor substitutions, schedule modifications, and other changes can and will occur at the sole discretion of any SwimLabs location. If a lesson is not booked to capacity, every SwimLabs location reserves the right, based on its sole determination, to combine enrollment for various lessons in order to fill such lessons, to cancel lessons, or to change the date, time, or level of any lesson at any time. 

Camps (SwimJams) (at participating locations only) 
Camps, also referred to as SwimJams, are sessions that span one (1) to three (3) weeks and include 30-60 minute lessons which meet multiple times each week. Session dates, session durations, and pricing for SwimJams vary by location.  

S.A.F.E.R. Swimmer Promise (SSP) (at participating locations only) 
The S.A.F.E.R. Swimmer Promise (“SSP Program”) is  a program where students are taught the skills necessary to pass SwimLabs’ S.A.F.E.R. Swimmer Test in one year or less of enrollment in select classes (the “Promise Year”). If the student does not pass the S.A.F.E.R. Swimmer Test in one year of consecutive enrollment in one of our select Group Lessons, the student will receive up to two (2) months of free group lessons. Free lessons are discontinued if the student passes the S.A.F.E.R. Swimmer Test prior to the full two (2) months of free lessons being completed. If the student does not progress to Beginner 4 Group Lessons within one year, the student will not be allowed to take the S.A.F.E.R. Swimmer Test and will instead be provided with up to two (2) months of free lessons. During the two (2) months of free lessons, if the student progresses to Beginner 4 Group Lessons and takes and passes the S.A.F.E.R. Swimmer Test prior to the full two (2) months of free lessons being completed, the free lessons will be discontinued.  

To be eligible to participate in the SSP Program, the student must be enrolled in one of our Beginner 2, Beginner 3, or Beginner 4 Group Lessons for ages four years and up and will automatically be a part of the SSP Program. Participation in the SSP Program and the start to your Promise Year begins on the student’s first day of applicable lessons. 

Students must maintain consistent attendance to participate in the SSP Program. Students may have a maximum of four (4) missed classes during their Promise Year. A missed class is defined as an absence from a regular class without completing a make-up session within two (2) weeks from the date of the original absence and is subject to the availability of instructors and the facility at which the original lesson took place, as solely determined by SwimLabs. An absence from a regularly scheduled class will not count as a missed class if the student utilizes their make-up session within the specified time as outlined in our make-up policies. If the student accumulates five (5) missed classes, they will no longer be a part of the SSP Program and will not be able to participate in the SSP Program in the future. If the student drops enrollment from classes, the SSP Promise Year restarts upon their return.  

The SSP Program is SwimLabs’ specific skills test meant to teach participants certain self-rescue safety skills. While the SSP Program is intended to help participants become safer swimmers, it does not guarantee the safety of each participant in all swimming scenarios. Appropriate supervision and adherence to water safety standards is always recommended. 

Trial Lessons (at participating locations only) 
In some cases, trial lessons may be offered by a SwimLabs location. In order to book a trial lesson, you must complete and submit a registration form to the SwimLabs location which will be providing the trial lesson to your student. Additionally, you must agree to all policies, procedures, waivers and other standard terms and conditions before your student can participate in the trial lesson. 

Timeliness 
If a student is more than 10 minutes late for a lesson, a student will not be allowed to join that lesson, and the student will be marked as absent. 

Changing Areas, Restrooms and Locker Rooms - Hosted Facilities (Fitness Centers, Hotels, Apartment Complexes, Recreation Centers, etc.) 
Please refer to the specific locker room policies and guidelines of the hosted facility in which the SwimLabs is located, as you agree that the participant will follow such policies. 

Watching Lessons 
Parents must remain at the SwimLabs facility for the entire duration of their student’s lessons. If the lessons are conducted in a standalone SwimLabs facility, please watch your student from the viewing area located in the lobby of the facility unless otherwise requested by the student’s instructor. If the lessons are conducted in a facility that hosts the SwimLabs (e.g., a fitness club or other third-party facility), please watch your student from the pool deck. In either case, our goal is to give each student the best learning experience possible, so please refrain from interrupting your student’s lesson. If you wish to speak with your student’s instructor, please contact a representative at the facility’s front desk to coordinate a meeting with the instructor. 

Promotional Text Messages 
If you receive a text message that contains promotional information, you can opt-out of receiving future text messages from corporate-owned SwimLabs locations by replying “STOP.” Please note that some SwimLabs locations are independently owned and operated franchises, and corporate-owned locations have no responsibility for franchisees’ texting practices nor the ability to opt you out of their texts. You should contact the specific franchisee that is texting you to opt out of their messages.   

Applicability of Terms and Conditions 
It is your sole responsibility to ensure that anyone acting on your behalf in connection with the services offered at a SwimLabs location is aware of, and complies with, the policies and procedures set forth herein. 

Privacy Policy 
Please consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms and Conditions, and you agree to our use and sharing of the information we collect about you and/or your student as described in our Privacy Policy.  

WAIVER AND RELEASE OF LIABILITY 

PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE ACKNOWLEDGING AND ACCEPTING THE FOLLOWING: 

I am the participant or the parent or guardian of the participant(s) identified by me in the iClassPro registration software (each a “Participant”) who will be enrolled in swimming lessons in a SwimLabs Swim School (“SwimLabs”) program. I hereby acknowledge that I understand that swimming is a hazardous activity. I recognize that there are risks inherent in the activity of swimming, including but not limited to, minor injuries, major injuries, paralyzing and catastrophic injuries, and death. I, individually and on behalf of each Participant, understand and voluntarily accept these risks. I also understand that swim lessons involve the physical touching of the student by the instructor, and I, individually and on behalf of each Participant, understand and voluntarily consent to such physical touch. Additionally, I, individually and on behalf of each Participant and any other person who may accompany any Participant to a SwimLabs location, consent to precautionary measures taken by the SwimLabs system as a whole or any particular facility at which any SwimLabs program is conducted, in striving to reduce potential exposure to injuries, contagions, or any other matters of public health concern or safety, acknowledging and understanding that the SwimLabs system and any such particular facility and its representatives, cannot guarantee that any precautionary measures taken by any of them will fully protect anyone from being exposed to, becoming susceptible to, and/or contracting any injury, contagion, or any other matter of public health concern. At the same time, I acknowledge and accept the responsibility I have to take all reasonable precautions for minimizing the risk of injuries, transmitting any contagion, or somehow exacerbating any matter of public health concern. 

Accordingly, I, individually and on behalf of each Participant, do hereby waive, release, indemnify, and forever hold harmless SafeSplash Brands, LLC d/b/a Streamline Brands and its affiliates and their respective subsidiaries, affiliates, franchisees, officers, agents, employees and members, as well as any facility at which any SwimLabs program is conducted and each of their respective owner(s), subsidiaries, affiliates, franchisees, officers, agents, employees and members (collectively, the “Released Parties”) from all liabilities and claims for any injuries, losses, death, damages, or costs (including reasonable attorneys’ and experts’ fees) to myself, any Participant, my spouse, child, guests, unborn child(ren), my agents, or relatives which arise out of or are incident to any Participant’s participation in any activities relating to the swimming lessons provided by any SwimLabs program or my presence at any SwimLabs location or third-party location, including those caused by any act or omission by any of the Released Parties, by anyone at or using any facility at which any SwimLabs program is conducted or as a result of a defective product or service.  

If a provision of this Release is declared invalid or unenforceable by a court of competent jurisdiction then it shall be reduced in scope so as to provide the Released Parties with the maximum protection allowed by law and it shall not affect the validity or enforceability of any other provision. 

AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT 
In the event of a medical emergency involving any Participant, I hereby grant authorization to the Released Parties to seek treatment of any legally licensed physician or health care facility on behalf of such Participant, and to direct and/or order emergency medical treatment for such Participant. I agree to pay all costs associated with any medical treatment for any Participant, including any transportation and medical facility costs. Further, I acknowledge and agree that the Released Parties will not be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency involving any Participant. 

COMPREHENSIVE ACKNOWLEDGMENT 
I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION, ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. BY CLICKING “ACCEPT” HERE, I UNDERSTAND THAT THE INFORMATION PRESENTED WILL GOVERN MY RELATIONSHIP AND EACH PARTICIPANT’S RELATIONSHIP WITH SWIMLABS.  MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH ANY SWIMLABS LOCATION. 

Automatic Billing Authorization 
Your first payment will be taken in the form of a credit card, debit card, or electronic check at the time of enrollment.  

Thereafter, your method of payment will be automatically charged on a recurring basis for both monthly tuition and the annual service fee until you cancel by dropping from lessons. Each charge will be made via an automated debit from the account designated by you.    

All monthly automatic transactions will be charged to your account on the 25th day of the month for the lessons that will occur the following month. The annual service fee will be automatically charged to your payment method on file during the month of your registration anniversary. 

To drop from lessons and cancel automatic charges, you must provide at least thirty (30) days’ notice.  To drop a student from lessons under any program, log into your account via the customer portal on the SwimLabs website (www. swimlabs.com) and complete the drop enrollment option for your student. You may also call or speak to a staff member at the location your student is enrolled to complete and receive confirmation of your drop. 

I authorize SafeSplash, LLC d/b/a Streamline Brands and/or each independently owned and operated SwimLabs location to debit my credit card, debit card, checking account, or savings account on file on a monthly basis for swim lessons and on a yearly basis for the annual service fee.  

You agree that this Billing Authorization may be electronically signed. By pressing the button marked “I Accept,” you are stating that you have read, understand and agree to this Billing Authorization. You agree that your consent in this fashion is the same as a handwritten signature for the purposes of validity, enforceability, and admissibility. You can print or download a copy of this Billing Authorization, with your acceptance, after pressing “I Accept.”