SafeSplash Swim School SafeSplashSaf Policies, Procedures, Release of Liability and Fee Agreement

It is critical that you understand the Policies, Procedures, Release of Liability and Fee Agreement of the SafeSplash Swim School system to ensure each student has a fun, rewarding and safe experience when learning to swim.

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 the program. 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 for the SafeSplash Swim School system. Students who are registered for lessons can sign up and join lessons at any time, subject to available capacity and the number of requested lessons, as solely determined by the SafeSplash Swim School location for which they have been registered.

Tuition and Fees

• Monthly program: Once your student is registered for classes within the monthly program, you will be billed for the first month’s tuition and an annual service fee. The amount of tuition for the first month will be determined based on the number of available classes remaining in that particular month. For each month thereafter, you will be billed monthly until you notify us of your desire to withdraw your student from classes (see “Withdrawing from Lessons” below). The monthly amounts of tuition may vary based on the number of weeks in each respective calendar month, and 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 billed the tuition and fees for January at the time of enrollment, and then you will be billed on January 25 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, camps or clinics:Once your student is registered for classes as part of any promotional bundle, camp or clinic, you will be billed 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 he/she is registered for any of the above programs regardless of the length of program. Thereafter, the annual service fee will be billed during the month of your registration anniversary and is not refundable or transferable for any reason. The amount of the annual service fee varies by location.

Methods of Payment

Electronic payments are the only payment methods accepted by the SafeSplash Swim School system. 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 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 the SafeSplash Swim School system. 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 can be paid on behalf of a student by a third-party (i.e., someone who is not a parent of the student). Any third-party payer must execute a third-party payer agreement and provide his or her credit card information. Such credit card 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 registered the student for swim lessons will be responsible for any unpaid tuition and annual service fee payments due to the SafeSplash Swim School system.

Refunds and Cancellations after Initial Registration

We will grant you a full refund (of the applicable tuition and the annual service fee) if you cancel your student’s initial registration for a program within the first 48 hours after you have paid the tuition and annual service fee for such program. No refund will be provided in connection with any cancellations made after this 48-hour time period, regardless of the reason for such cancellation. Please understand that when you enroll your student in a program, you are reserving a slot in a program that is in high demand and could be filled by other students. As a result, your payment for reserving a slot in that program will be retained by the SafeSplash Swim School system even if your student does not attend any lessons provided in such program. Accordingly, it is your responsibility to make sure your vacations, appointments, and other activities do not interfere with any of the lessons in a program for which you have enrolled your student and paid for a slot in such program.

Withdrawing from Lessons

To withdraw a student from lessons under any program after the student has begun taking lessons within that program, log in to your account via the customer portal on the SafeSplash Swim School website (www.safesplash.com) and complete the withdrawal option for your student. This customer portal is the only means by which a student can be withdrawn from lessons. Verbal or email withdrawal notifications 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 day of the month. If you submit a withdrawal form after you already have been billed the tuition for the next month of lessons, you will receive a refund as follows:

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 SafeSplash Swim School location. If you are offered a make-up lesson, it must be completed within three (3) weeks of the originally scheduled (missed) class and is subject to availability, as solely determined by SafeSplash Swim School. 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 SafeSplash Swim School location at which they were issued (i.e. credits are not transferrable to another SafeSplash Swim School location). Such credits 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 three (3) 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 the SafeSplash Swim School.  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 the SafeSplash Swim School 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 SafeSplash Swim School location. If a lesson is not booked to capacity, every SafeSplash Swim School location reserves the unilateral right, based on its sole determination, to combine enrollment for various lessons in order to fill such lessons, to cancel, or to change the date, time, or level of any lesson at any time.

Timeliness

Please make sure your student is on time for lessons. Lessons begin and end at very specific times. Please arrive early enough so your student has time to stop by the bathroom, get changed and get his/her equipment ready before the lesson begins. If your student is more than 10 minutes late for a lesson, he or she will not be allowed to join that lesson.

Advancement of Students to the Next Class Level

Every student will learn skills at different rates. You should never look at another student and wonder why your student is not learning at the same pace as that other student. Swimming is a skill that takes time, patience and plenty of practice. Therefore, students will be evaluated regularly to determine if they have mastered the skills required in conjunction with a particular class level. Instructors will promote students to the next level when they believe they are ready.

Changing Areas, Restrooms, and Locker Rooms

Single sex changing rooms are for children five (5) years and younger. For older children, please use a family changing room. Locks left on lockers overnight will be cut off and the locker's contents will be bagged and placed in the lost and found.

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 SafeSplash Swim School is located.

Trial Lessons

In some cases, trial lessons may be offered by a SafeSplash Swim School. In order to book a trial lesson, you must complete and submit a registration form to the SafeSplash Swim School 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.

Goggles

Unless otherwise directed by their respective instructors, all students should wear a pair of goggles at every class. Although we do not offer loaner goggles, goggles are available for purchase at your local SafeSplash Swim Shop

Swimsuits

All students must wear appropriate swimwear.

Swim Diapers

All students under the age of three (3) years old and students who are not potty-trained must wear a reusable (non-disposable) swim diaper. Reusable diapers have a tighter fit, which helps to minimize the possibility of accidents in a pool. A swimsuit or a pair of shorts should be worn over the diaper. Even a small accident in the pool can result in a pool closure which could last as long as 24 hours. If in doubt, please do not take the chance. Reusable (non-disposable) swim diapers are available for purchase at your local SafeSplash Swim Shop.

Swim caps

Any students who have hair long enough to get in their eyes, face or mouth might be required by their SafeSplash Swim School to wear a swim cap in order to enhance their comfort. Swim caps are available for purchase at your local SafeSplash Swim Shop.

Towels

Students must bring their own towels. Towels are not provided by the SafeSplash Swim School.

Watching Lessons

Please remain at the SafeSplash Swim School facility for the entire duration of your student’s lessons. If the lessons are conducted in a dedicated SafeSplash Swim School 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 SafeSplash Swim School (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.

Please Keep Your Eyes on the Pool

Although we strive to have small classes and attentive instructors, it only takes an instant for a child to slip underwater. If this occurs, please alert us immediately in any way possible. And when this occurs (and it does), the impact of the event will depend on the reaction of the parent. If possible, try to keep your momentary concern concealed behind a smiling, encouraging face, in which there will be a very good chance your child will recover very quickly from the incident. We want to keep our students safe and nothing works better than having the helpful eyes of their parents and guardians on their activities at all times.

Food and Snacks

GLASS IS NEVER ALLOWED ON THE POOL DECK. To keep the pool area clean, food and drink are not allowed in the pool area at any time. The only exception to this rule is bottled water as long as it is in a non-glass container.

Crying Children

An upset child will calm down much quicker when realizing he or she must focus on the instructor and Mom or Dad will return when the crying has stopped. Unless requested by the instructor, please remain in the lobby (Dedicated Facilities) or at a distance on the deck (Hosted Facilities) when your child is crying.

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 SafeSplash Swim School is aware of, and complies with, the policies and procedures set forth herein.

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 parent or guardian of the participant(s) listed below (“Participant”) who will be enrolled in swimming lessons in a SafeSplash Swim School program. I hereby acknowledge that I understand that swimming is a hazardous activity. I recognize that there are risks inherent in the sport of swimming, including but not limited to, minor injuries, major injuries, paralyzing and catastrophic injuries and death. Further, I, individually and on behalf of the Participant, understand and voluntarily accept these risks. Accordingly, I, individually and on behalf of the Participant, do hereby waive, release, indemnify, and forever hold harmless SafeSplash Brands, LLC d/b/a Streamline Brands and each of its franchisees, licensees, and affiliates, and their respective owner(s), directors, officers, agents, employees, representatives, successors and assigns, administrators, and executors, as well as any facility at which any SafeSplash Swim School program is conducted and each of their respective owner(s), directors, officers, agents, employees, representatives, successors and assigns, administrators and executors (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, the Participant, my spouse, child, guests, unborn child(ren), or relatives which arise out of or are incident to the Participant’s participation in any activities relating to the swimming lessons provided by any SafeSplash Swim School program or my attendance at any activities relating to the swimming lessons provided by any SafeSplash Swim School program, including those caused by any negligent act or omission by any of the Released Parties, by anyone at or using any facility at which any SafeSplash Swim School program is conducted or as a result of a defective product. This provision will apply to ordinary acts of negligence but will not apply to gross acts/omissions of negligence, willful, or wanton acts/omissions or those of an intentional/criminal nature.

AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT

In the event of a medical emergency involving the Participant, I hereby grant authorization to SafeSplash Brands, LLC d/b/a Streamline Brands, any of its affiliates and franchisees which conduct a SafeSplash Swim School program, and any of their respective officers, employees, or agents, 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 Participant. I agree to pay all costs associated with any medical treatment for the Participant, including any transportation and medical facility costs. Further, I acknowledge and agree that neither SafeSplash Brands, LLC d/b/a Streamline Brands and any of its affiliates and franchisees, nor any of their respective officers, employees, or agents, will be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency involving the Participant.

CONSENT TO USE OF IMAGE OR LIKENESS OF STUDENT

I understand that photography and audio and video recordings are occasionally taken at the SafeSplash Swim School for promotional and marketing purposes. I hereby agree, individually and on behalf of the Participant, that the image, likeness, or statements of myself, the Participant, and any member of my family may be used by SafeSplash Brands, LLC d/b/a Streamline Brands and any of its affiliates and franchisees in promotional and marketing materials in any form or medium, whether now or hereafter existing, including but not limited to printed materials, digital content and social media postings.

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 THE PARTICIPANT’S RELATIONSHIP WITH THE SAFESPLASH SWIM SCHOOL PROGRAM. MY ACCEPTANCE HERE SUPERSCEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH ANY SAFESPLASH SWIM SCHOOL.

The entities included within the term “Released Parties” above include, but are not limited to the following: 24 Hour Fitness USA, Inc 2DSS, Inc., AASI, Inc., Albiero Swimming Institute, LLC, AquaLife Atlanta, LLC, Aquatic Animals LLC, Aquatic Locomotion, LLC, Aquatics Projects Hosted, LLC, Aquatics Projects, LLC, ASXA Sportif LTD STI , B to B Eastlake, LLC, Catch Swim Schools, LLC, Colorado Swimmer, LLC, CP Swim, LLC, Cutting-Edge Aquatics, Inc, Dajael, Inc., DFW Swim I.M., LLC, DGRS, LLC, Esmesh Investments, LLC, Esmesh Retail Solutions, LLC , Exercise Society, Feet 2 Fins, LCC, Feet To Fins, LLC, Gold Star Swim, LLC, HDH Swim Schools, LLC, J&M 360, Inc, JCH Sports, LLC, KBSquared, Inc., Koenig Aquatics, LLC, L2S, LLC, LANMEK, Inc., Learn to Swim, LLC, Lilintahl, LLC, Lmswim Inc, Machine Aquatics, LLC, Moon Jelly, Inc, Newman Badger Incorporated, Propulsion Inc, SafeSplash Aurora LLC, SafeSplash Meridian LLC, SafeSplash Parker LLC, SafeSplash San Jose LLC, Sorrento SS, LLC, Southeastern Swim Schools, LLC, SRIJI BIZ, Inc., Stotan, LLC, Sun City Swim Group, LLC, Swim Corp. Inc., Swim Labs HC, Inc., Swim Like a Champion, LLC, Swim Performance, LLC, Swim Pros, LLC, Swim Ray, Inc., LLC, Swim School Kingdom, Inc, Swim Sobo, LLC, Swim University, LLC, Swimcomp, Inc., SwimLabs, LLC, SWIMSA, LLC, SwimTex LLC, Tadpole Swim School Corp., Tadpole Swim Schools, LLC, TCB Swim F, LLC, Thide, LLC, TK Swim School, LLC, Vinca Ventures, Inc., 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.

Copyright 2020 SafeSplash Brands, LLC d/b/a Streamline Brands.

SafeSplash Swim School franchises are available for purchase. Visit www.SafeSplash.com for more information. This information is not intended as an offer to sell a franchise. It is for informational purposes only. Certain states regulate the offer and sale of franchises. If you are a resident of one of those states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements.