Terms and Conditions
Effective date: January 2026
Welcome to First Waves Swim ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website and the swim instruction services we provide. By accessing our website or booking a lesson, you agree to these Terms, along with our Privacy Policy and Disclaimer, which are incorporated by reference. If you do not agree, please do not use this website or book our services.
1. Eligibility
Our services are intended for parents or legal guardians booking swim instruction on behalf of their toddlers and young children. By booking lessons, you confirm that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of your child.
2. Changes to Terms
We may revise these Terms at any time. Updates will be posted on this page with an updated effective date. Continued use of our website or services after such changes means you accept the new Terms.
3. Privacy
Your use of this website is governed by our Privacy Policy, which explains how we collect and use your information. By using this website or booking lessons, you consent to the data practices described there.
4. Bookings and Payments
To secure a lesson slot, full payment is required at the time of booking. Payments are processed securely through trusted third-party providers and are subject to their respective terms and policies. All prices are listed in U.S. dollars. A booking is confirmed only once payment has been received and you have received written confirmation from First Waves Swim.
5. Cancellations and Rescheduling
We understand that life with a toddler is unpredictable. Our cancellation and rescheduling policy is as follows:
- Cancellations or rescheduling requests made at least 24 hours before a scheduled lesson will be accommodated without penalty. The lesson will be rescheduled to a mutually agreed time.
- Cancellations made less than 24 hours before a scheduled lesson will be forfeited unless the cancellation is due to illness. In the case of illness, please notify us as soon as possible and we will do our best to reschedule.
- First Waves Swim reserves the right to cancel or reschedule a lesson due to instructor illness, pool unavailability, or other circumstances beyond our control. In such cases, a full reschedule or refund will be offered.
6. Refunds
Refunds are available under the following conditions:
- A full refund will be issued if a lesson is cancelled by First Waves Swim and cannot be rescheduled.
- For lesson packages, a prorated refund may be issued for unused lessons upon written request, minus any applicable processing fees.
- No refunds will be issued for lessons that have already taken place.
- Introductory lessons are non-refundable once completed.
7. Health and Safety Requirements
The safety of your child is our highest priority. By booking lessons, you agree to the following:
- You will inform First Waves Swim of any medical conditions, physical limitations, or developmental considerations relevant to your child's participation before the first lesson.
- Your child must be in good health on the day of each lesson. Please do not bring a child who is unwell, has an active ear infection, open wounds, or a communicable illness.
- A parent or legal guardian must be present and within sight at all times during all lessons.
- You will ensure your child wears appropriate swimwear. Swim diapers are required for children who are not yet toilet trained.
8. Assumption of Risk
Swimming involves inherent risks, including the risk of injury or drowning. By booking lessons with First Waves Swim, you acknowledge these risks on behalf of your child and confirm that you are booking voluntarily with full awareness of those risks.
Our instructor holds a Water Safety Instructor (WSI) certification and is trained in CPR, First Aid, and AED. Every reasonable precaution will be taken during lessons. However, First Waves Swim cannot guarantee the prevention of all accidents or injuries.
9. No Guarantee of Results
Every child develops at their own pace. While we are committed to providing high quality, supportive instruction, we cannot guarantee specific outcomes or rates of progress. Results will vary depending on your child's individual temperament, age, prior water experience, and consistency of attendance.
10. Photography and Media
First Waves Swim will not photograph or film your child without your prior written consent. If you wish to photograph or film your child during lessons for personal use, please inform us in advance. You agree not to record or photograph other children present during lessons without the consent of their parent or guardian.
11. Intellectual Property
All content on this website including text, images, logos, and materials is the property of First Waves Swim and is protected by copyright law. You may not copy, distribute, or reproduce any content without prior written permission.
12. Limitation of Liability
To the fullest extent permitted by law, First Waves Swim shall not be liable for any damages or losses arising from your or your child's participation in swim lessons, except in cases of gross negligence or willful misconduct. All services are provided "as is" without warranties of any kind, express or implied.
13. Indemnification
You agree to indemnify and hold harmless First Waves Swim and its representatives from any claims, damages, or expenses including legal fees arising out of your use of our website or services, or your violation of these Terms.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our services will be resolved through binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. You waive the right to participate in any class action against the Company.
15. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
16. Entire Agreement
These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and First Waves Swim and supersede all prior communications regarding our services.
17. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
