Terms and Conditions

Effective from: 1st September 2026

INTRODUCTION AND ACCEPTANCE

These Terms and Conditions (“Terms”) govern all bookings, lessons, packages, trials, and services provided by Aqua Swim Academy (“the Academy,” “we,” “us,” “our”).

By registering for any lesson – whether by phone, email, online form, or in person – you (“Client,” “Parent,” “Guardian,” “Adult Participant”) agree to be bound by these Terms.

If you do not accept these Terms, you must not book any service.

SERVICES PROVIDED

We provide private and group swimming lessons for infants, preschoolers, children, teenagers, and adults. All lessons take place at the Client’s private backyard pool or building pool (condo, apartment, or townhouse common pool) located within our published service areas (Greater Toronto Area and surrounding regions). Lesson durations are 30 minutes or 60 minutes as selected during booking. Lesson frequencies are weekly or as agreed.

REGISTRATION AND PAYMENT POLICY

• Full payment for the upcoming session (package of 4 lessons or single trial) is due upon registration to confirm all lesson dates.

• A 50% registration deposit is required to reserve a spot for a first-time lesson. The remaining 50% is due before the first lesson.

• Monthly invoices for recurring sessions (e.g., ongoing weekly lessons) must be paid in full before the first lesson of the month. Invoices are sent electronically at least 7 days prior.

• Registration spots are not guaranteed until payment has been received in full (or deposit where applicable). Verbal holds expire after 48 hours.

• All registrations must be completed by phone (647-581-1499), email (info@aquaswimacademy.ca), or our online booking system.

• If you withdraw from a session and later choose to re-register, the Academy cannot guarantee availability for your original lesson time slot, instructor, or day.

• If payment for recurring monthly sessions is not received prior to the first scheduled lesson of the month, lessons may be temporarily suspended. The instructor may be unable to proceed with scheduled sessions until the outstanding payment has been received in full. A $25 late fee may apply after a 5-day grace period.

• We accept e-transfer, major credit cards (Visa, MasterCard, Amex), and cash (exact amount, by prior arrangement only). Credit card payments are processed through a secure third-party processor; we do not store full card details.

CANCELLATION POLICY FOR LESSONS

Once a lesson is booked, that time is reserved exclusively for you. Please attend all scheduled lessons.

• Cancellations made at least 24 hours before the scheduled lesson time will receive a make-up class. The 24-hour window is calculated from the lesson start time (e.g., a Tuesday 4:00 PM lesson must be canceled by Monday 4:00 PM).

• Make-up classes will be scheduled based on instructor availability. We will offer up to 3 alternative dates/times. If there is no work, the credit is held for one month.

• Lessons canceled with less than 24 hours’ notice will be forfeited and are not eligible for a refund or credit. No exceptions except as noted below.

• No-show lessons (Client does not attend and does not cancel) will be forfeited – no refund, no credit, no make-up.

• If a make-up class is missed or canceled (even with 24 hours’ notice), it will be forfeited, and no additional make-up class will be provided.

• Make-up classes may be completed during the following month (i.e., within 30 days of the missed original lesson). However, regular monthly billing for the new month will still apply even if you have unused make-ups.

• Aqua Swim Academy does not offer refunds for lessons for any reason (including illness, vacation, weather, or change of mind). Credits may be provided for eligible missed lessons (those canceled with 24+ hours’ notice) and are valid for up to 1 month from the cancellation date.

• Any unused lesson credits will expire after 1 month unless otherwise approved in writing by management under special circumstances (e.g., medical emergency with doctor’s note).

• Cancellations made within 24 hours of the lesson are considered late and are generally forfeited but may be reviewed by management on a case-by-case basis under exceptional circumstances (e.g., sudden hospitalization, death in immediate family). Documentation may be required.

To cancel a lesson, you must contact us by:

• Phone/Text: 647-581-1499 (call or SMS)

• Email: info@aquaswimacademy.ca

Cancellations are not accepted via social media comments, direct messages, or voicemail without a return callback. You are responsible for ensuring we receive your cancellation request.

INSTRUCTOR SUBSTITUTION AND LESSON CHANGES

• We strive to provide the same instructor for every lesson. However, if your regular instructor is ill, on vacation, or otherwise unavailable, we will provide a qualified substitute instructor at no extra charge. You may reschedule without penalty if no substitute is acceptable, provided you notify us 24 hours before the lesson.

• We reserve the right to change lesson times, dates, or instructors due to circumstances beyond our control (e.g., weather, pool closure, instructor emergency). In such cases, we will offer a full credit or make-up without penalty.

POOL REQUIREMENTS AND SAFETY

The Client is solely responsible for ensuring that the pool (backyard or building) is safe, clean, and suitable for swimming lessons. By booking, you confirm:

• The pool water temperature is at least 78°F (25.5°C) for adults and 84°F (29°C) for infants and young children. If the pool is too cold, the instructor may shorten or cancel the lesson for safety reasons.

• The pool area is free of hazards (sharp edges, broken tiles, exposed electrical wiring, slippery surfaces, pets, and unsupervised guests).

• The pool water is clean and free of debris, and the black dot must be clearly visible on the pool floor.

• Pool chemicals, including chlorine and pH levels, must be maintained within safe and appropriate levels for swimming.

• For building pools, you have obtained any required permissions from your condo board or property management and provided the instructor with access instructions and any necessary fobs or keys.

• You have disclosed any known medical conditions of participants (asthma, epilepsy, heart conditions, allergies, etc.) before the first lesson. Failure to disclose may result in immediate termination of lessons.

ASSUMPTION OF RISK AND LIABILITY WAIVER

Swimming, by its nature, involves inherent risks, including but not limited to drowning, slip-and-fall injuries, muscle strains, hypothermia, and allergic reactions to pool chemicals. By participating in any lesson, you assume full responsibility for your own safety and the safety of any minor participant for whom you are responsible.

To the fullest extent permitted by Ontario law, Aqua Swim Academy, its owners, employees, instructors, and contractors shall not be liable for any injury, loss, or damage (including death) arising from:

• Pre-existing conditions of the Client’s pool or property.

• Failure of the Client or participant to follow instructor directions.

• Medical conditions not disclosed in writing before the lesson.

• Acts of nature (lightning, storms) or pool equipment failure.

• The actions of other individuals present at the pool (e.g., other family members, pets).

You agree to indemnify and hold harmless Aqua Swim Academy from any claims, lawsuits, or expenses arising from your participation or the participation of your minor child.

CODE OF CONDUCT AND TERMINATION

• Clients, parents, and participants must treat instructors with respect. Aggressive, abusive, threatening, racist, sexist, or otherwise inappropriate behavior will result in the immediate termination of all future lessons.

• Parents must remain on the property (or within the building) during lessons for all participants under age 12. For participants aged 12-17, a responsible adult must be accessible by phone and able to arrive within 10 minutes.

• Instructors may refuse to teach if the Client or participant appears intoxicated, impaired, or ill (fever, contagious condition). Such refusal counts as a forfeited lesson (no refund or make-up).

WEATHER AND POOL CONDITIONS

• Lessons proceed in light rain if the pool is outdoors and the temperature is safe. In the event of thunder, lightning, hail, or high winds, the instructor will stop the lesson and reschedule a make-up session at no charge.

• If your pool heater fails or the pool becomes unusable for any reason, we will attempt to reschedule.

INTELLECTUAL PROPERTY

All content on our website, social media, and printed materials – including level names (Ripple, Wake, Crest, Swell, Surge and Current for kids and adults; or Sprout, Splash, Drift, Glide, Surge, Swell for infants/preschoolers), lesson plans, marketing copy, and logos – are the exclusive property of Aqua Swim Academy. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

REFUND AND CREDIT POLICY (REINFORCED)

We DO NOT offer refunds for any lesson, package, trial, or deposit, except as expressly required by Ontario consumer protection law (e.g., if we cancel a lesson and cannot reschedule it within 30 days). Credits for eligible missed lessons expire one month from the cancellation date. Unused packages expire in 1 month from the purchase date unless a longer period is agreed in writing.

DISPUTE RESOLUTION AND GOVERNING LAW

These Terms are governed by the laws of Ontario, Canada and applicable federal laws. Any dispute arising from these Terms or our services shall be resolved first through good-faith negotiation. If unsuccessful, the dispute shall be submitted to binding mediation in Toronto, Ontario. If mediation fails, the dispute may be adjudicated exclusively in the courts of Toronto, Ontario. You waive any right to a class action.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Aqua Swim Academy. No verbal or written representation not contained herein is binding.

CONTACT FOR LEGAL OR POLICY QUESTIONS

For questions about these Terms, please contact us in writing:

• Email: info@aquaswimacademy.ca

• Phone: 647-581-1499

• Mail: Address Here