USA Swimming Terms & Conditions
These Terms and Conditions (the “Terms”) set out the terms and conditions governing access to and participation in Water Babies swim classes/lessons offered by our franchisees or affiliates (the “Lessons”). The Water Babies program is available from birth and encompasses Water Babies classes and Swimvincible classes. Both Water Babies and Swim vincible classes are delivered by Water Babies Ltd.
These Terms are entered into between you (referred to as “you” or “your”) and Water Babies Ltd, (“Water Babies”, “we”, “us”, or “our”). Your participation in Lessons is subject to compliance with these Terms, which incorporate by reference our Privacy Policy available at waterbabiesusa.com/privacy-notice (the “Privacy Policy”). By signing up for and attending the Lessons, you accept and agree to these Terms. All personal information provided to us as a result of your registration for or participation in the Lessons will be handled in accordance with our Privacy Policy.
Changes to the terms
We reserve the right to modify or amend these Terms without notice at any time. The latest Terms will be accessible through the Water Babies website, and you should always review these Terms prior to attending the Lessons to ensure that you have a current understanding of the Terms under which you are permitted to participate in Lessons. If we make material modifications or amendments to these Terms, we will notify you by reasonable means which could include notification at the Lessons or by direct communication to you via email or your account. Participation in any Lesson following any modifications or amendments to these Terms shall signify your acceptance of such modifications or amendments.
Booking
Our courses run throughout the year in accordance with our published swimming dates. The dates are available to view in the parent portal – your My Water Babies account my.waterbabiesusa.com
A Water Babies subscription enables you to continue swimming with us until you reach the end of our program, your subscription will continue each month until you choose to end that subscription. This means that, unless you inform us that you wish to stop swimming with us, in accordance with the Subscription and Billing section below, your monthly payments will be taken as set out below.
Monthly subscription payments are calculated based on the cost of the lessons scheduled in the forthcoming month.
Subscription & billing
When you begin your Water Babies subscription each enrolled child will be charged a non-refundable Annual Registration Fee. This will be charged in the month the booking is made and will recur annually in the same month thereafter. The fees for your Lessons are billed as part of a monthly subscription. You will be billed in accordance with the following:
We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the terms of your subscription unless and until your subscription has ended, or your account is otherwise suspended or terminated pursuant to these Terms. Water Babies reserves the right to change the terms of your subscription, including price, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes.
Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by Water Babies, as may be updated from (the “Payment Method”). We will charge your Payment Method a monthly subscription fee on a recurring basis corresponding to the terms of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging in on the My Water Babies Parent Portal and viewing your account details.
We will automatically bill your Payment Method on the first business day of each month (the “Billing Date”). The interval of time between each recurring billing date is referred to as the “Billing Period”. You can cancel your subscription at any time by providing Water Babies with written notice. If you cancel your subscription on or before the 15th of the month, your subscription will terminate at the conclusion of the current Billing Period. If you cancel your subscription after the 15th of the month, we will bill your Payment Method on the next Billing Date and your subscription will terminate at the conclusion of the following Billing Period. You are permitted to attend your scheduled Lessons through the end of the Billing Period following termination.
If the Lessons are being paid for by someone other than yourself, you are responsible for informing that person of our payment policies, deadlines etc., and relaying any communication regarding payments of any sort.
Please note if payments are not received in accordance with the conditions set out above, you risk forfeiting your subscription, and right to participate in the Lessons.
Should you owe us payment for Lessons you are not allowed to attend Lessons. Once your payments are up to date you will be allowed to attend Lessons again, but you will not be entitled to a refund or make-up lesson(s) for any Lessons missed due to non-payment.
Changing Class Times and Venues
If during your subscription with Water Babies you need to make changes to the day, time, or venue of your Lessons we would ask that you contact us with as much notice as possible so that we can work with you to find an alternative. We will do our utmost to accommodate you, but, unfortunately cannot guarantee it. Where we can accommodate any such changes, we will tell you whether making the changes will result in a change in the cost of your lessons.
Alternatively, it may be that we contact you regarding a change in your class time and venue. As time progresses you may find your class size reducing (as parents return to work etc.). Once a class has become too small for us to operate effectively, we will need to merge it with another.
We try to keep class times as similar as possible but unfortunately cannot always guarantee this. If the merger of your class with another results in a change of your class dates, times, or venue, we will provide as much notice as possible.
If you are not happy with the new dates, times, or venue you may cancel your subscription in accordance with the Subscription and Billing section.
If a pool cannot be used in the short term for Lessons, we will make commercially reasonable efforts to re-schedule your Lessons. In this instance we are not responsible for any travel expenses incurred. If lessons are cancelled, we will reschedule Lessons where possible by adding in an extra Lesson date. We will provide notice when Lessons can resume at an alternate location or on an alternate date.
After we provide you notice of changes to your class, you must confirm within two weeks if you can attend the alternate Lesson. If we do not receive a response within two weeks, the alternate Lesson will be accepted by default. If you cannot attend the alternate Lesson and cannot reschedule, a credit will be applied to your account for the cancelled lesson.
If the pool where your Lessons are held is not available for longer than one week due to circumstances outside our control, and it is not possible to reschedule the Lessons, we will either refund the unused balance of your subscription or offer makeup Lessons when an alternative pool is secured. We are under no obligation to credit, refund or transfer your money if for any reason you are unable to attend any Lessons that have been paid for. This includes Lessons due to be delivered during your notice period.
Make-up lessons
If you are unable to attend your Lesson for any reason, Water Babies will offer 6 make-up lessons each year.
Make-ups cannot be carried over, they expire at the end of each 12-month block, beginning on the date of your first lesson with Water Babies. Make-up lesson tokens will expire after 6 months from the date of absence.
We need prior notice for the Lesson you are unable to attend so that we can find a suitable alternative Lesson.
There may be circumstances where the only suitable make-up Lesson may be further away, but it will still be with your usual Water Babies franchisee. We are not responsible for any travel expenses incurred. It may be at a different venue, day, or time, or with a different teacher than your usual Lessons.
We’ll aim to offer you a make-up Lesson that is of a similar age and level to your usual Lesson. There may be occasions where your make-up Lesson may cover things that you’ve already done or may contain some new content that your normal Lessons haven’t reached yet.
If having let us know you cannot attend your normal Lesson, your circumstances change, and you are able to attend that Lesson, you must let us know in case another make-up Lesson has been booked in your space. Please do not attend your normal Lesson as the Lesson may be full and for insurance reasons you and your child will be unable to enter the pool.
If for an unforeseen reason, we must cancel your make-up Lesson, we’ll contact you to reschedule.
If you can’t attend the make-up Lesson(s) you have booked, we are not able to re-arrange. The offer of a make-up Lesson is a gesture of goodwill and has no cash value. Make-up Lessons can only be taken by paying customers who have an active subscription.
Adverse weather
We are under no obligation to refund Lessons that may be missed due to local adverse weather when the Lessons are held.
Video & photography
By agreeing to these Terms you irrevocably grant Water Babies the permission and the right to record and/or photograph you and your child, and to use any and all photographic or other images taken, including finished pictures, negatives, transparencies, proofs, reproductions, copies of the original prints and negatives, and digital information pertaining to them (collectively, the “Images”). In this regard you agree that Water Babies has the right to record your child’s voice and likeness for use in media productions. Media products include Water Babies publications, promotional materials, websites, social media, DVDs, videos, CDs, or other medium. Water Babies has your permission and absolute right to copyright and/or publish photographic portraits or pictures of you and your child, in which you and/or your child may be included in whole or part, or composite or distorted in character form in conjunction with your own names or fictitious names or reproductions thereof in color or otherwise, made through any media at our disposal for art, advertising, trade, or any other lawful purpose.
You hereby irrevocably permit, authorize, and license Water Babies and its affiliates, legal representatives, successors, licensees, agents, assigns, and those acting on Water Babies’ behalf (“Authorized Persons”) to use, re-use, publish, and re-publish the Images, either separately or together and either in whole or in part, and you and/or your child’s names, including all materials created by or on behalf of the Authorized Persons that incorporate any of the foregoing (“Materials”) for any purpose whatsoever in perpetuity throughout the world in any and all media and formats and by any and all technologies and means of delivery whether now or hereafter known or devised without further consent from or any royalty, payment, or other compensation. You acknowledge and agree that the Images may be altered or modified without any restrictions, whether by traditional photographic techniques or digitally, including retouching, creating composite, blurred, or distorted representations, and changing color, size, shape, perspective, context, foreground, or background.
Water Babies will be the exclusive owner of all rights in the Images and Materials, and you irrevocably transfer, assign, and otherwise convey to Water Babies any right, title, and interest you or your child may have in and to the Images and Materials and all copyrights and other intellectual property rights in the Images and Materials arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against infringers. Water Babies has no obligation to use the Images or to exercise any rights granted under these Terms. You acknowledge and agree that neither you nor your child has any right to review or approve the Images or the Materials, including any written copy or other materials that may be used in connection therewith, before they are used or at any other time, and that Water Babies has no liability for any editing or alteration of the Images or the Materials, or for any distortion or other effects that may occur or be produced in connection with the taking of such Images or processing, editing, alteration, transmission, display, publication, or other use of the Images or the Materials. Acknowledgment or credit in connection with the Images or the Materials, if any, shall be determined by Water Babies at its sole discretion.
To the fullest extent permitted by applicable law, you, on your own behalf and on behalf of your child, hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under these Terms or the production, exhibition, advertising, promotion, exploitation, or other use of the Images, and whether resulting in whole or in part from the negligence of Water Babies or any other person, covenant not to make or bring any such Claims against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims. You understand that Water Babies is relying on these Terms and will incur significant expense in reliance on the Terms, and agree that your agreement to these Terms cannot be terminated, rescinded, or modified, in whole or in part.
All names, addresses, and telephone numbers (“Private Information”) you provide included in any directories are solely for private use and will not be used for solicitation purposes. You hereby consent and hold Water Babies harmless for releasing Private Information upon your request to any educational institution or as required by law or government agency. You also release and hold harmless Water Babies from any liability for using, disclosing, or releasing your Private Information.
We permit you and any other parents, grandparents, and friends to take pictures and videos during Lessons. We must adhere to pool rules at individual venues, some of which do not permit pictures and videos. You will have notice of this policy and must adhere to the venue policy. In all instances the decision of our staff is final. No underwater cameras or underwater recording equipment of any description may be used during a Water Babies Lesson.
Water Babies continually strives to improve the teaching standard of our workforce and we, on occasion, video record a Lesson being taught by a teacher. The camera is focused on the teacher and the video recording will only be seen by the teacher and their assessor. The video will not be used for anything other than for the teacher to gain feedback from their assessor. Once the teacher has qualified, the video will be securely destroyed.
Water Babies expressly forbids the right to reproduce any part of our Lessons in any form (e.g. on the internet, DVDs, photographs, etc.). Anyone suspected of continually filming or photographing the Lessons for any purpose of publication or for any purpose whatsoever will be asked to stop filming, delete the footage/photographs, leave the Lesson, and we reserve the right to terminate your subscription.
Water Babies cannot be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed “Video and Photography” by any party.
Underwater photoshoot
While swimming with Water Babies you will be offered the opportunity for you and your child to take part in an underwater photo shoot. You can book a space on one of our photo shoots at any time during your subscription with Water Babies, subject to availability.
There is an upfront fee for booking of the photo shoot, which includes all of your time in the water. This fee will need to be paid in full prior to attending the photo shoot and your booking for one of our photo shoots will not be confirmed until full payment has been received. After the photo shoot, all usable images taken on the day will be edited to a high standard before they can be viewed and purchased on our online portal.
Once payment of the booking fee has been taken from you and your booking has been confirmed, you have the right to cancel your booking within 14 days of the date of payment of the booking fee without giving any reason and get a full refund. The cancellation period will expire after 14 days from the date of payment of the booking fee. To exercise the right to cancel, you must inform us of your decision to cancel your booking in writing by a clear statement (e.g. a letter sent by post or email) sent to your local office using that office’s usual contact details.
We will not provide you with a photo shoot during the 14-day cancellation period unless you specifically ask us to. If you would like us to provide you with the photo shoot within the cancellation period you should contact your local office, using that office’s usual contact details, who will send you a link to an electronic confirmation form for you to complete requesting that we provide you with the photo shoot within the cancellation period.
By requesting that we provided the photo shoot within the cancellation period, you acknowledge that if you subsequently cancel during the 14 day cancellation period, you shall be entitled to a full refund minus an admin fee if you cancel before the photo shoot has taken place. However, if the photo shoot has already taken place within the cancellation period, you acknowledge that you shall lose the right to cancel and shall not be entitled to a refund.
If you do not request that we provide you with the photo shoot within the cancellation period, we will not be able to provide the photo shoot until the cancellation period has expired. We are not obliged to accept your request.
If you cancel in accordance with the above, we will reimburse to you all payments received from you unless you requested for us to provide the photo shoot during the cancellation period, in which case you will receive:
(a) a full refund minus an admin fee if you cancel before the photo shoot has taken place; or
(b) no refund if you lost your right to cancel because the photo shoot was carried out during the cancellation period.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel. We will make the reimbursement using the same means of payment as you used for the payment of the booking fee. No refunds can be issued after the photo shoot has taken place.
If you change your mind after the 14 day cancellation period has ended but before the photo shoot has taken place then you can cancel your booking and request a refund which will be issued minus an admin fee provided that we have been informed of your decision to cancel more than 48 hours before the day of the photo shoot. Given the bespoke nature of the photos, no refunds can be issued after the photo shoot has taken place.
We always ensure that your child is ready to attend one of our photo shoots to ensure they will be comfortable on the day and have the best opportunity to get great images. If for any reason we feel that your child needs more time before attending, we will offer you a place on our next available photo shoot at no extra charge.
There will be a number of photo shoots a year in your area however we reserve the right to vary the time at which they take place. We reserve the right at any time and at our sole discretion to re-schedule or cancel any scheduled photo shoot.
If you are unable to attend due to illness or other unforeseen circumstances, we will attempt to reschedule during the next available photo shoot. If the photo shoot cannot be rescheduled or you cannot attend the rescheduled photo shoot, for whatever reason, we may issue refunds on a case by case basis.
Unfortunately, we cannot offer a space to any child that either does not or no longer swims with us.
By attending the photo shoot, you acknowledge that we will process the resulting data (images) of your child as will other Water Babies approved suppliers participating in the production of your child’s photographs. Processing the images involves the capture of the photographs, transfer of the images to storage devices and online to a secure website. The images are sent to a processing house where they are refined. You will be able to view and purchase all useable images of your child on our online portal after the photo shoot usually within 10 days, although exact times may vary. The purchase of images of your child is subject to the terms of purchase contained within our online portal at the point of purchase.
Every child is unique as will be their images from the day, so we cannot guarantee the results or that they will always match your expectations. We will, however, use our skill and expertise to capture the best possible images we can on the day. We guarantee the images you receive will be a minimum of 24” x 16” @300ppi in size and in JPEG file format. We cannot provide images in any other format (such as RAW).
Photographs taken at the photo shoot may be used for internal training and quality assurance purposes and you consent to our using the photographs and sharing them within our group and franchise businesses. If we retain photos for these reasons, they will not be used for any other purpose without your explicit consent.
All Water Babies photography, logos and illustrations are the copyright of Water Babies. Any scanning or reproduction of any of the above without our written agreement will be regarded as being in breach of our copyright.
The copyright of a photo remains with the photographer, in this instance Water Babies. You will receive the right to reproduce and copy your images for personal use only (a permission document is available on the gallery website along with your images which can be presented to any print company at the time of requesting the reproduction). You are not given the right to use these images for the promotion of any business, service, charity or social group. Water Babies images cannot be used in the production of any marketing materials including but not limited to websites, brochures or press articles without the written permission from Water Babies in advance. Water Babies reserves the right to approve the use of any Water Babies images before publication. Water Babies images should not be defaced or manipulated beyond scaling for print.
Valuables and Jewellery
All property left in changing rooms or on poolside and all property left in entrance halls or outside, is left at your own risk. Water Babies cannot accept any responsibility for the loss or damage of any personal possessions. Please remove all jewelry (except wedding rings) before entering the water.
Illness
Should your child or the adult taking your child into the water have, or develop, any known or suspected medical condition, please consult your doctor before swimming.
In the event that your illness is contagious and may affect other swimmers, you must either mark yourself as absent using the My Water Babies Parent Portal, or inform our office in writing via email, and we may share basic information about this risk with other carers. All information received is treated in confidence and with sensitivity.
Never bring your child swimming if they have any illness such as an ear infection, diarrhea, vomiting, chicken pox, impetigo, conjunctivitis, a bad cold, experiencing a fever, if you have Covid–19 symptoms or have been asked to isolate. Please wait until your doctor clears you to participate in the Lessons.
Please ensure that any sickness/diarrhea symptoms have completely cleared for at least 48 hours before your Lesson, or 14 days if a gastrointestinal bug has been diagnosed by a medical professional.
Our teachers may refuse entry to the pool if they reasonably believe that your child is not well enough to participate.
Diapers and Changing your Baby
In Water Babies classes, without exception, all babies/toddlers, regardless of age or whether they are potty trained, must wear our double diaper system: either reusable cotton diaper or a disposable paper swim diaper with a Happy Nappy® on top. Babies wearing any other attire, including wetsuits or warmers, etc. must still wear a Happy Nappy® and disposable paper swim diaper.
In Swimvincible classes, all children, regardless of age, must wear suitable swim attire. No swim diapers are required in these classes.
We reserve the right to refuse entry to any child who is not suitably attired.
Always change your child on the floor using a suitable changing mat. Do not use any raised areas such as benches, trolleys, or tables. This is to prevent children from rolling or falling onto the floor from high surfaces. If you are physically unable to change your child on the floor, then please contact your local office so alternative arrangements can be organized. Please take all your used diapers away with you unless a clearly marked bin has been provided. Never leave diapers in an open bin (including those within the venue grounds).
Withdrawal of service
Water Babies may at its own discretion refuse entry to a client to its Lessons if it is felt that the client’s behavior or the behavior of those associated with the client is unreasonable or becomes an issue of health and safety.
Pool/Poolside Health and Safety
During Water Babies lessons, one adult is required in the pool with each child.
During Swimvincible lessons, no adult is required in the pool, children partake in lessons independently under the supervision of the teacher. There may be some lessons with an option for adults to partake in Swimvincible classes, you’ll always be notified of these in advance.
No outer footwear should be worn poolside or in changing rooms. Please use blue overshoes (if available) or go barefoot.
Please always shower both yourself and your child before entering the water. Removing body lotions, perfumes etc and showering before swimming contributes significantly to maintaining water quality.
While you are waiting for your Lesson to begin, please keep poolside noise down to a minimum so that all Lessons can take place in a calm and peaceful atmosphere. Do not enter the pool until the current Lesson has finished; please always wait to be invited to do so by your teacher.
You are responsible for the safe supervision of any children you bring at all times: on poolside, in the changing rooms and on the pool premises. For Water Babies classes, children should always be under the direct supervision of an adult and never be left unattended. For Swimvincible classes, children should be under the supervision of an adult until the lesson begins and as soon as the lesson has ended. An adult should always be present on-site during the lesson. Please remember that children running on wet surfaces can very easily slip and hurt themselves. Water Babies reserves the right to ask anyone to leave the poolside at any time. Local age restrictions for spectators may apply and you will be informed of these when booking on.
Always adhere to pool rules at individual venues.
Unfortunately, in Water Babies classes, we can only accommodate one adult in the pool at a time with each child, who must be either the child’s parent or designated guardian and over 16 years of age. However, we are happy for other members of your family or friends to bring your child to classes. Anyone new to the Lesson must let the teacher know at the beginning of the Lesson, including any health issues, so they can provide the extra help and advice that will be needed. Should a Lesson already be in progress or about to start be cancelled on the grounds of health and safety, we are under no obligation to refund the Lesson or part thereof
Venue Information
You have been sent information relating to the venue where your Lessons will take place. This information includes important Health & Safety points. Please read the information in full.
Teachers
We cannot guarantee that your Lessons will always have the same teacher. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your Lesson. They are always fully trained at this point but need to teach a series of ‘live classes’ in order to complete their assessment process. Unfortunately, we cannot give advance warning when this may happen.
Safeguarding
Water Babies is committed to providing a healthy and positive environment free from abuse for all its members and we have adopted the USA Swimming Safe Sport program which can be viewed at www.usaswimming.org. Our Water Babies policy is one where we accept that safeguarding and fair play is paramount for all our swimmers.
Health & wellbeing
To help us provide the best and safest experience for everyone in the pool, we welcome any information you feel may help our teachers understand and support you/your child’s individual needs.
You’re not required to share personal health details, but any insights about wellbeing, comfort, or anything else that could affect your child’s time in the water are always treated with care and confidence.
If you’re ever unsure whether your child (or their accompanying adult) is ready for class, it can be helpful to check with a healthcare professional just to be safe.
You can update us at any time by contacting our team directly.
By agreeing to our terms and conditions, you confirm that any adult bringing your child to class has considered any relevant health or wellbeing factors and will share anything important with the instructor on the day.
You’re always welcome to share anything that could help us support you and your child — we truly appreciate it.
Data Protection
Water Babies, its group companies, and franchisees are committed to protecting your privacy (please visit our website to see our privacy policy). We will only use the information that we collect from you lawfully in accordance with US Federal and State laws.