Terms and Conditions
These are the terms and conditions on which ISWIM swimming school (“we” and “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 (Our responsibility for loss or damage suffered by you or students).
1. Information about us and how to contact us:
We are ISWIM swimming school, address 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 us with when registering with us on our website. If your contact details change, you can update them by emailing us email@example.com
When we use the words “writing” or “written” in these terms, this includes a letter, email, or SMS.
Before making a booking, you need to register with us. You can do this online at www.iswimschool.ca;
We will ask you for your name and the name of the student, together with details of any medical condition affecting the student as well as your contact details which will include your telephone number, email address, and postal address (for billing purposes). You must tell us as soon as you can if any of these details change.
3. The Lessons
We offer two types of lessons:
1. Group Lessons – five months courses; and
2. Private Lessons – which run on a daily basis.
In these terms and conditions, the word lessons refer to both Group Lessons and Private Lessons. However, a few terms in these terms and conditions either apply only to Group Lessons or only to Private Lessons. Where this is the case we refer specifically to either Group Lessons or Private Lessons.
4. Our contract with you
Once you have registered with us you may make a booking for lessons either online or by emailing or telephoning us.
Your booking is not guaranteed until:
We receive payment from you in full (or such other amount as we may agree acting in our absolute discretion); and
We send you a confirmation email, at which point a legally binding contract will exist between you and us.
The contract will exist until the end of the last session of your booking.
If we are unable to accept your booking, we will let you know as soon as possible and will refund any amounts you have paid to us. We reserve the right to not accept your booking for any reason and need not tell you why.
5. Providing the Lessons
We will provide the lessons at the dates, the times and at the locations as set out in your booking.
Lessons will start at the time stated in your booking. If the student is late, the session forming part of the lessons will not be extended, and if the student fails to attend (save for any reason as referred to in clause 9) you shall not be due any credit or refund.
From time to time we may need to cancel individual sessions forming the lessons you have booked. If this happens, we will let you know as soon as possible and you will have the following options:
in respect of Private Lessons:
attend an alternative catch-up session at a later date; or
if you are not able to attend the catch-up session offered, receive a credit, redeemable against future bookings or receive a refund for the session(s) canceled; and
in respect of Group Lessons:
receive a credit, redeemable against future bookings: or
receive a refund for the session(s) canceled.
We reserve the right to change the teacher taking the lessons you have booked and we don’t need to give you notice of this. We will only do this in exceptional circumstances and you acknowledge that such a change will not give you a right to cancel your booking.
The price we charge for lessons will be as set out on our website www.iswimschool.ca/
at the time you make your booking (and will be confirmed in our confirmation email). We use our best efforts to ensure that the price of lessons advised to you is correct.
However, it is always possible that we may get the price of lessons wrong. If we realize that the price is higher than quoted we will contact you for instructions before confirming your booking and you have the right not to proceed with your booking. If the price is lower than quoted, we will only charge the lower amount.
You must pay for lessons within the payment period as set out in the invoice we issue you. We accept all major credit and debit cards (excluding American Express). We may also accept alternative methods of payment (such as E-transfer, cash, or cheque) but at our absolute discretion.
If you think the amount we have charged you is incorrect, let us know as soon as possible. We will investigate the matter and, if you have paid too much, refund you the extra amount you paid.
8. If you need to make changes to your booking
If you wish to make a change to the lessons booked please contact us via email or telephone. We will use our reasonable efforts to accommodate your change, but make no guarantee that we will be able to do so.
If we are able to make the change to your booking we will let you know about any variation in price, when we will provide the lessons or anything else which results from your requested change. We will ask you to confirm if you wish to go ahead with the change.
If we are unable to make the change, or the consequences of the change are unacceptable to you, you may want to end the contract (see clause 15).
9. Illness and fitness to swim
When registering you must provide us with details of any medical condition which affects the student, regardless of how serious it is. We reserve the right to decline to allow the student to take part in lessons where we reasonably believe their condition would affect their ability to engage in lessons.
Where the student’s condition is such that we do not reasonably consider that they will be able to participate in lessons in the foreseeable future, we will refund any money you have paid us, in full (in accordance with clause 16).
If the student is unable to attend due to illness, please let us know as soon as possible and, in any event, by no later than 10 am on the day of the session forming part of the lessons.
If the student or any person with whom they live, shows any sign of a stomach upset or other illness in the seven days prior to a session forming part of the lessons, you must inform us at least one hour prior to the relevant session. For the safety of other students, we reserve the right to ask that the student does not take part in the session forming part of the lessons, or any session during a period of 48 hours thereafter.
If the student misses a session forming party of the lessons due to temporary illness, you shall have no right to a refund.
At our discretion, we may offer you credits if the student suffers from a serious illness or a family bereavement such that they are unable to participate in a session or sessions forming part of the lessons.
10. Students with disabilities and special needs
We do all we can to accommodate students with disabilities and special needs.
We will work with you to establish how best we can accommodate the student and will make recommendations on the level and type of teaching based on our professional judgment.
11. Responsibility for Students
You are responsible for the student at all times, save for when they are in the water (this includes warm-up before the commencement of any session forming part of the lessons).
All students must be fully toilet-trained before they can participate in lessons.
We reserve the right to remove any student from a session forming part of the lessons (and you shall have no right to a refund) if the following rules are not complied with:
during session forming part of the lessons you must not interrupt or communicate with the teacher, distract other students or approach the poolside (unless in an emergency);
you are responsible for any person you bring with you to the pool, as well as any student;
the student must shower and go to the toilet before entering the pool;
shoes must be removed before entering the poolside or, if available, overshoes are to be worn;
no buggies or prams are allowed in the changing rooms or poolside;
if the student has long hair this must be tied back or a swimming cap is worn;
the student may wear goggles, but we may ask them to remove them if their use disrupts the lesson;
the student must not enter the pool until invited to do so by the teacher; and
at the end of the lesson, the student must leave the pool quickly and in an orderly manner.
12. Our rights to make changes
We may make changes to the lessons:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements,
but these changes will not significantly vary the nature of the lessons. In addition, as we may need to make more significant changes to the lessons and your booking, such as the time or location of the lessons. If we need to do this, we will let you know and if you do not agree to the changes you can end the contract (see clause 14).
13. If there is a problem with the lessons
If you have any questions or complaints about the lessons we provide, please contact us as soon as you can using the contact details on our website.
Please note that we are under a legal duty to provide you with lessons in conformity with this contract and to provide the lessons with reasonable care and skill.
Nothing in these terms will affect your legal rights.
14. Your rights to end the contract
You can end this contract at any time by contacting us via email or phone. However, when and why you end the contract will affect the refund or credit (if any) we give you. Please see the clauses below which set out when you can end the contract and what we will refund you.
Ending the contract because of something we have done or are going to do.
If we have told you about an upcoming change to the lessons or these terms which you do not agree to (see clause 2), the contract will end immediately and we will offer you credits redeemable against future bookings or you can request that we refund you in full for any session forming party of the lessons which have not been provided. The reasons are:
Ending the contract where we are not at fault:
You can end the contract at any time even if we have done nothing wrong. If you do so we will reimburse you any money you have paid for the session forming party of the lessons which we have not provided. However, at our discretion, we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15. Our rights to end the contract
We may end the contract for lessons at any time by writing to you if you:
do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide lessons;
do not make any payment to us when it is due and you still do not make payment to us within three days of us reminding you that payment is due, or have breached these terms which includes a breach of the provisions of clause 11.
If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for session forming part of the lessons we have not provided. However, we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We reserve the right to stop providing lessons at any time. If we do this we will provide you with as much notice as we are able and will refund any money you have paid for the session forming part of the lessons which we will be unable to provide.
ISWIM maintains a strict 24-hour notification cancellation and no-show policy for private lessons to ensure all of our clients have the same opportunity to receive the highest quality of personal attention and care in their swim lessons. If a client cannot make it to their lesson they may instead forfeit the lesson. This will notify the instructor of their absence, though no lesson credit will be issued.
Any refund due to you on the cancellation of the contract will be refunded to you by the method you used for payment and within 14 days of you telling us that cancellation will take place.
17. Our responsibility for loss or damage suffered by you OR STUDENTS
If we fail to comply with these terms, we are responsible for loss or damage you, or the student suffers which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you or to a student where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to providing lessons.
You are responsible for your belongings and the student’s belongings at all times whilst at the pool. We shall not be liable to you or the student for loss or damage to personal belongings whilst at the pool.
18. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments recommend social distancing.
Preventative measures to reduce the spread of COVID-19 have been implemented; however, it cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the facility could increase your risk and your child(ren)’s a risk of contracting COVID-19.
By accepting terms and conditions, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, myself, facility employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the facility or participation in programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the facility, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the facility, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any facility program.
19. Other important terms
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
f we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide lessons, we can still require you to make the payment at a later date.
These terms are governed by Canadian law and you can bring legal proceedings in respect of the products in the Canada courts.