TERMS AND CONDITIONS

Welcome to Swim Brothers. Swim Brothers (“Swim Brothers”, “we”, “us”, “our”) owns and operates the website located at the URL https://swimbrothers.ca (“Site”). These Terms and Conditions (“Agreement”, “Terms”) constitute an agreement between Swim Brothers and you, the visitor (“user”, “you”, “Customer”), governing your access and use of the Site and the Services provided by Swim Brothers (“Services”).

Please read our Terms carefully. By using our Site or Services (such as signing up as a Customer), you agree to be bound by these Terms. If you do not agree to or are not willing to be bound by these Terms, do not access or use our Site or Services.

These Terms do not alter in any way the terms or conditions of any other Agreement you may have with Swim Brothers for any of our Services. For example, if you apply and register your child for swim lessons, you will have a separate Agreement with us governing your relationship with Swim Brothers.

Your use of and/or registration on any aspect of the Site or Services will constitute your agreement to this Terms and Conditions Agreement. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. If you cannot agree with these terms and conditions, promptly exit the Site and discontinue use of the Services.

We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time for any reason, without notice to you. It is your responsibility to periodically review these Terms and Conditions as posted here for any changes. Your continued use of the Site or Services by you will constitute your acceptance of any changes or revisions to the Terms and Conditions.

WHO CAN USE OUR SITE AND SERVICES.

You may only use the Site if you are 18 years of age or older and you must be 18 years of age or older to register for Services. For an individual under the age of 18 (a “Minor”), the Minor’s parent or legal guardian is required to complete registration for Services. Swim Brothers specifically disclaims, and you hereby release Swim Brothers from, any and all responsibility and/or obligation to monitor or verify the age or legal status of any user of our Site or Services. Swim Brothers will have no liability resulting from any use of our Site or Services by any Minor. By accessing or using the Site and Services, you confirm that you meet these requirements.

OUR SERVICES.

The Swim Brothers Site provides a platform for customers to connect with us for individual swim lessons, group swim classes, and lifeguarding services at private pool facilities.

You can contact us on our Site to register an account as a customer for swim lessons or lifeguarding services (“Customer”). When you sign up as a Customer, you will need to provide Swim Brothers with certain contact information and details so that you can use our Services.

For example, if you sign up as a Customer, you will need to provide the student’s name, age, previous swim level, email address, and pool address where we will perform private lessons. For more details on the type of information we collect on our Site and Services, please consult our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS.

All content provided or otherwise made available by Swim Brothers through the Services and Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled and/or licensed by or to Swim Brothers and is protected by intellectual property rights and unfair competition laws within and outside of Canada.

Subject to your compliance with these Terms, Swim Brothers hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site and solely for your personal and non-commercial purposes.

DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE SWIM BROTHERS SITE, THE CONTENT THEREON, AND THE SERVICES OFFERED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS, SWIM BROTHERS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY SWIM BROTHERS, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

SWIM BROTHERS DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT AND SERVICES MADE AVAILABLE BY SWIM BROTHERS.

ACCEPTANCE OF RISK.

YOU UNDERSTAND THAT SWIMMING IS AN INHERENTLY DANGEROUS AND HAZARDOUS ACTIVITY, AND YOU ACKNOWLEDGE THAT SWIMMING MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY, DAMAGE TO PROPERTY OR ILLNESS, INCLUDING PARALYSIS AND DEATH.

IN CONSIDERATION OF YOUR USE OF THE SITE AND/OR SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SWIM BROTHERS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SWIM INSTRUCTORS, LIFEGUARDS, STAFF, AND NEXT OF KIN (collectively, the “Releasees”) FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS; (II) YOUR USE OF THE SITE AND/OR SERVICES; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF SWIM BROTHERS OR ANYONE ON SWIM BROTHERS’ BEHALF.

In addition to the terms above, you represent that you and your child(ren) are in good physical condition and that there is no medical condition or impairment that might prevent you or your child(ren) from participating in swim lessons. If you have any health or medical concerns now or later, discuss them with your doctor and inform Swim Brothers immediately via our contact form on the Site.

You acknowledge that it is your responsibility to provide for your own and/or your child(ren)’s own accident and health insurance coverage while participating in water activities.

If the swim participant is a Minor under the age of 18, a parent or guardian, or an adult of the parent/guardian’s choice, must accompany them. It is the parent or legal guardian’s responsibility to ensure an adult over the age of 18 is physically present at the pool to supervise all Services for a Minor. Swim Brothers is not responsible for providing an adult supervisor. The parent or legal guardian agrees to be legally responsible for the Minor, including being responsible for all damage, illness, injury or death that may occur as a result of the Minor’s participation in Services.

For best results, we recommend that the pool be reserved for the scheduled swim lessons and no other individuals be permitted in the pool during those sessions. Swim Brothers is not responsible for the safety of other individuals, including Minors of any age, that are in or around the pool.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL SWIM BROTHERS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SWIM INSTRUCTORS, LIFEGUARDS, STAFF, AND NEXT OF KIN BE LIABLE TO YOU OR ANY PARTY (i) FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE SITE, ANY FAILURE OF DELAY (INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY INSTRUCTOR/LIFEGUARD AND/OR CLIENT IN CONNECTION WITH THE SERVICES, EVEN IF SWIM BROTHERS OR ITS RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE AND/OR SERVICES. IN NO EVENT SHALL SWIM BROTHERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER USER) TO SWIM BROTHERS FOR ACCESS TO THE SERVICES AND THIS SITE.

CONSENT FOR EMERGENCY MEDICAL TREATMENT.

In the event of a medical emergency in which you cannot be reached and/or are incapacitated or otherwise unable to give consent, you give permission for emergency medical, surgical and hospital treatment and procedures to be performed by a licensed physician or hospital, when deemed immediately necessary to safeguard your/ your child(ren)’s health. You relieve Releasees of any and all responsibility for action(s) taken by the doctor(s), hospital, emergency and medical care providers in the treatment of you or your child(ren). Further, you agree to pay all costs associated with medical care and transportation for you and your child(ren).

TERMINATION.

We reserve the right to cancel or terminate your right to use any part of the Site or Services for any reason at any time without notice including 1) to protect and defend our rights, or (2) to investigate or respond to any real or perceived violation of our Terms & Conditions, Privacy Policy or any other terms of use or agreement you have with us.

JURISDICTION.

You agree that these Terms shall be construed according to the laws of the Province of Ontario, Canada. In the event a dispute arises, you agree and expressly consent that such dispute shall be settled by an arbitrator, who shall be Arbitration Place, currently in Toronto, Ontario, Canada or an arbitrator chosen by Arbitration Place. You agree that the arbitrator shall decide the procedure of the arbitration and such costs of the arbitration shall be paid equally by You and Swim Brothers. 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular Internet address.

BINDING ARBITRATION & CLASS ACTION WAIVER.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless all parties specifically agree to do so following initiation of the arbitration. All arbitrations shall be conducted in Toronto, Ontario, Canada.

STATUTE OF LIMITATIONS.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

SEVERABILITY.

If any part of these Terms is found to be invalid or unenforceable, that portion will be severed from these Terms and shall be construed in a manner consistent with applicable law to reflect, and the remainder of these Terms shall remain in full force and effect.

PRIVACY POLICY.

You acknowledge that you have read and agree to our Privacy Policy.

QUESTIONS.

If you have any questions regarding these Terms and Conditions, contact us via the contact form on the Site.

Updated November 29, 2023