Terms and Conditions of ISWIM Swimming School INC.

These are the terms and conditions on which ISWIM Swimming School INC. (“we” or “us”) provide swimming lessons to you, the customer (“you”). Please read them carefully before making a booking with us.

Your attention is particularly drawn to Clause 18 (Assumption of Risk and Limitation of Liability).

1. Information about us and how to contact us:

We are ISWIM Swimming School INC., located at 114-2501 161A Street, Surrey, BC, V3Z 7Y6. If you need to contact us, all the relevant contact details can be found on our website at www.iswimschool.ca. If we need to contact you, we will do so using the information you provided when registering on our website. If your contact details change, you must update them by emailing us at info@iswimschool.ca.

When we use the words "writing" or "written" in these terms, this includes email, letter, or SMS.

2. Registration

Before making a booking, you must register with us online at www.iswimschool.ca. We will require your name, the name of the student, details of any medical condition affecting the student, and your contact details, including telephone number, email, and postal address. You must inform us promptly of any changes to these details.

3. The Lessons

We offer two types of lessons:

1. Group Lessons

2. Private Lessons

These terms and conditions apply to both types of lessons unless specified otherwise.

4. Our Contract with You

Once you have registered, you may book lessons online, via email, or by phone. Your booking is not guaranteed until we receive full payment (or any amount we may agree on) and send you a confirmation email, at which point a legally binding contract exists between you and us.

If we cannot accept your booking, we will inform you and refund any payment made. We reserve the right to decline bookings at our discretion.

5. Providing the Lessons

We will provide the lessons at the dates, times, and locations specified in your booking. If the student is late or fails to attend, the lesson will not be extended, and no credit or refund will be provided unless stated otherwise in these terms.

Occasionally, we may need to cancel lessons. In such cases:

• For Private Lessons, you may attend an alternative catch-up session or receive a credit or refund.

• For Group Lessons, you may receive a credit or refund for the canceled session(s).

We reserve the right to change the teacher without notice, which does not entitle you to cancel your booking.

6. Price

The price for lessons is as listed on our website at the time of booking. We will do our best to ensure the price is correct, but we reserve the right to adjust it if an error is made. If the correct price is higher, we will contact you for instructions. If it is lower, we will only charge the lower amount.

7. Payment

You must pay for lessons as per the invoice. We accept major credit and debit cards, as well as alternative payment methods (e-transfer, cash, or cheque) at our discretion. If you believe you were charged incorrectly, notify us, and we will investigate.

8. Changes to Your Booking

If you wish to change a booking, contact us via email or phone, or reschedule via your account at www.iswimschool.ca. We will try to accommodate changes but cannot guarantee availability. Any changes may result in a variation of price or schedule, and you will need to confirm acceptance of these changes.

9. Illness and Fitness to Swim

You must provide details of any medical conditions affecting the student during registration. We may decline participation if the condition is deemed unsafe. In such cases, we will refund you in full.

If the student cannot attend due to illness, notify us by 10 AM on the day of the session. In the case of serious illness or bereavement, we may offer a credit at our discretion if appropriate documentation is submitted within 7 days of the incident.

Serious illness refers to a medical condition requiring urgent care or hospitalization, and family bereavement refers to the loss of an immediate family member (parent, sibling, spouse, or child). Documentation such as a medical certificate or death certificate is required.

10. Students with Disabilities and Special Needs

We accommodate students with disabilities and special needs wherever possible. We will work with you to determine the best approach for the student and make recommendations based on professional judgment.

11. Responsibility for Students

You are responsible for the student at all times except when they are in the water. Students must be fully toilet-trained before participating. We reserve the right to remove any student who fails to comply with pool rules, with no refund or credit.

Rules include:

• No interruptions to the teacher or distractions for other students.

• Students must shower and use the toilet before entering the pool.

• Long hair must be tied back or covered with a swim cap.

• Students must follow the teacher’s instructions and leave the pool promptly at the end of lessons.

12. Our Rights to Make Changes

We may make minor adjustments to lessons to comply with changes in laws or to improve services. We will notify you of any significant changes, and if you do not agree, you may end the contract.

13. If There Is a Problem with the Lessons

If you have a complaint, contact us immediately. We are obligated to provide lessons with reasonable care and skill, and nothing in these terms affects your legal rights.

14. Termination by the Client (Without Fault on ISWIM’s Part)

In the event that you wish to terminate this contract, ISWIM will adhere to its existing cancellation policy:

• For private lessons, a strict 24-hour notification is required for any cancellations. If notice is not provided within this time frame, no refunds or credits will be issued.

• For group lessons and camps, no cancellations are permitted, and no refunds will be issued.

However, in the case of serious illness or family bereavement, credits may be offered at ISWIM’s discretion, provided that written notice and relevant documentation (such as a medical certificate) are submitted within 7 days of the emergency. ISWIM reserves the right to determine the validity of the circumstances and decide whether to issue credits based on the documentation provided.

15. Our Rights to End the Contract

We may end the contract if you fail to provide necessary information or payment, or if you breach these terms. We will refund you for any lessons not provided but may deduct reasonable compensation for costs incurred.

16. Refunds

Refunds will only be processed in line with our cancellation policies. If you cancel a private lesson less than 24 hours before the scheduled time, or if you miss a group lesson, no refund or credit will be given. Refunds, when applicable, will be processed within 14 days.

17. Our Responsibility for Loss or Damage

We are responsible for foreseeable loss or damage caused by failure to comply with these terms or failure to use reasonable care. However, we are not responsible for unforeseeable losses. We do not exclude liability for death or personal injury caused by our negligence.

You are responsible for personal belongings at all times, and we are not liable for lost or damaged property.

18. Assumption of Risk and Limitation of Liability

Participation in swimming lessons involves inherent risks, including but not limited to slips, falls, injuries, and the potential for drowning. By enrolling in lessons with ISWIM, you acknowledge and voluntarily assume all risks associated with swimming, including any risks arising from the use of the facility, equipment, and interactions with staff or other participants.

To the fullest extent permitted by law, ISWIM Swimming School INC., its officers, employees, agents, and contractors shall not be liable for any injury, illness, death, loss, or damage to personal property arising out of or in connection with participation in swimming lessons or the use of our facilities, except where such injury or loss is caused by our gross negligence or willful misconduct.

You agree to indemnify and hold ISWIM harmless from any claims, demands, or actions arising from your participation or the participation of the student in the lessons. This includes, but is not limited to, claims arising from personal injury, property damage, or loss incurred at the pool or surrounding premises.

This limitation of liability applies whether the alleged liability arises from contract, tort (including negligence), strict liability, or any other legal basis.

19. Assumption of the Risk and Waiver of Liability Relating to COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious, and ISWIM has implemented preventative measures to reduce the spread of COVID-19. However, ISWIM cannot guarantee that you or your child(ren) will not become infected with COVID-19.

By accepting these terms and conditions, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or your child(ren) may be exposed to or infected by COVID-19 while attending ISWIM facilities. You agree to waive any claims against ISWIM arising from exposure to or infection by COVID-19, except where such exposure results from ISWIM's gross negligence.

20. Other Important Terms

This contract is between you and us. No other party has the right to enforce its terms. If any part of this contract is deemed unlawful, the rest will remain in effect. Failure to immediately enforce any part of the contract does not constitute a waiver of our rights.

This contract is governed by Canadian law, and legal proceedings must be brought in Canadian courts.