Terms and Conditions

Welcome to Swimingo (“SwimNGo Inc.”)! These terms of use (the “Terms”) apply to your use of this website and mobile platform (together, the “Site”) as well as the online products and services the Site offers (collectively, the “Services”) made available by SwimNGo Inc. (“Swimingo” “SwimNGo”, “we”, “us”, or “our”). For more information about how we handle your information, see our Privacy Policy.

By using our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Site or Services.

SwimNGo reserves the right to modify these Terms at any time. If we make changes, we will post the updated Terms on our website and notify you of any material changes. Your continued use of our Site and Services after the changes take effect means that you agree to be bound by the revised Terms.

Our Site and Services are not intended for use by individuals under the age of majority in their jurisdiction of residence (a “Minor”). SwimNGo specifically disclaims, and you hereby release SwimNGo 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. SwimNGo will have no liability resulting from any use of our Site or Services by any Minor.

By registering as a Swimmer, you agree to provide accurate, truthful, current, and complete account information and to maintain and promptly update your account information. You are responsible for maintaining the security of your account and for all activities that occur under your account. You must promptly notify us if you discover or suspect any security breaches.

SwimNGo’s Site provides a platform for Swimmers to connect with Instructors for private swim lessons and lifeguarding services. By using our Services, you agree to adhere to all guidelines and rules provided by SwimNGo and the Instructors.

You may use our Site and Services to purchase class credits and schedule private lessons. Purchased class credits do not expire and can be used for future bookings. All payments must be made through our payment processor. SwimNGo is not responsible for any charges or fees applied by your financial institution.

Participants acknowledge that participating in swimming activities carries inherent risks, which may result in serious injury or even death. By participating in SwimNGo programs, participants accept these risks.

Participants agree to defend, indemnify, and hold SwimNGo, including its lifeguards, instructors, officers, directors, agents, and employees, harmless from any claims, damages, or liabilities arising from injuries or death incurred while participating in SwimNGo programs. Participants also agree to indemnify SwimNGo for any damages resulting from claims initiated by themselves or on their behalf.

Participants must communicate any relevant medical or health issues that might affect their participation to SwimNGo by emailing info@Swimingo.com. By signing up for SwimNGo programs, participants acknowledge that they have read, understood, and agreed to the terms of the liability waiver, fully aware of its significance.

By agreeing to these Terms, you, as an Instructor or a student over the age of 18, hereby grant SwimNGo Inc. the irrevocable right and permission to capture, use, publish, and distribute any photographs, videos, or other digital media ("Images") that include your likeness, voice, and appearance. These Images may be used in, but are not limited to, promotional materials, marketing campaigns, social media platforms, and any other forms of media now known or hereafter developed, without any compensation to you. This consent extends to all forms of use, including but not limited to advertising, trade, and any commercial purposes. You acknowledge and agree that the Images may be edited, altered, copied, exhibited, published, or distributed at SwimNGo Inc.’s discretion, and you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising from or related to the use of the Images. This Image and Media Consent is part of your agreement with SwimNGo Inc. and does not expire.

• Supervision Requirement: For all sessions involving minors, a parent or guardian must be present at the lesson location. Lessons will be billed as scheduled if a guardian is not present.
• Rescheduling Notice: Please notify us at least 24 hours in advance to reschedule a lesson by visiting SwimNGo.com or contacting your instructor directly.
• Group Lessons: Clients have the option to add one (1) additional swimmer to their scheduled lesson, provided that the added swimmer is within the same skill level and age category as the primary lesson. In the event a lesson needs to be rescheduled and one of the swimmers cannot attend the new scheduled time, the lesson will proceed with the available swimmer. No make-up lesson will be provided for the absent swimmer.
• Pool Access and Condition: Ensure that the instructor is informed about parking and pool access ahead of time. Lessons will conclude at the scheduled time regardless of any delays due to access issues. The pool must be maintained at a minimum temperature of 25°C and should be free of algae. Lessons may be canceled if these conditions are not met.

• During Lessons:Lessons will continue during light rain but will be rescheduled in case of lightning or thunder.
• Prior to Lessons:Keep an eye on the weather and coordinate with your instructor at least 24 hours before the lesson to decide whether to proceed or reschedule.

• Swim Lessons: Refunds can be requested within seven (7) days of purchase, provided no lessons have commenced. A $50.00 cancellation fee applies if a lesson package has been matched with an instructor. No charges will be made if we cannot fulfill your lesson request. A lesson package is considered matched once an instructor contacts you by email or phone, or our office provides you with the instructor's contact details. If the chosen instructor becomes unavailable, an alternate instructor will be provided. Refunds are not issued in such cases. Unused credits from the current season are non-refundable but remain available for future use.
• Lifeguard Services: Full payment is required upon booking, which includes a 50% non-refundable, non-transferable deposit. Cancellations made 24 hours or more in advance will receive a 50% refund; cancellations made less than 24 hours in advance are non-refundable.
• Service Fee:A $20.00 non-refundable service fee applies to each purchase (covers swim instruction and lifeguard services). Lessons can be rescheduled up to 12 hours before the start time, with credits issued for future use.

SwimNGo reserves the right, without notice and at its sole discretion, to terminate or suspend your access to and use of all or part of our Site and Services for any reason, including breach of these Terms.

By registering as an Instructor, you agree to provide accurate, truthful, current, and complete account information and to maintain and promptly update your account information. You are responsible for maintaining the security of your account and for all activities that occur under your account. You must promptly notify us if you discover or suspect any security breaches.

All accepted periods of engagement are subject to company enrollment. SwimNGo reserves the right to terminate some periods of engagement based on low enrollment, without notice or pay in lieu of notice.

Contractor acknowledges and agrees to be punctual for all scheduled swim instruction sessions. Contractor shall arrive at the designated location promptly and be prepared to start the session at the scheduled time. Any delays or anticipated absences should be communicated to SwimNGo in advance, whenever possible.

At SwimNGo, we train contractors and require them to read and sign off on the manual. Your engagement with the Company is conditional on your attendance at the mandatory training sessions. Furthermore, you are required to read and sign off on the coaching manual and complete the associated online quiz. Completion of lesson plans for each session within a particular program you are hired for, using the Lesson Planner, is mandatory. Failure to meet these requirements will result in your inability to work for the Company.

Following the conclusion of each session, Instructors are mandated to complete a progress tracking report via the SwimNGo website. This entails selecting the respective customer, providing feedback on the customer’s performance, and ensuring that all activities and progress are aligned with the company’s guidelines and objectives. This step is critical for maintaining the quality of our programs and facilitating the continuous improvement of our services.

All Instructors are required to update their teaching schedules on the SwimNGo website for the upcoming month no later than the 25th day of the current month. This update must reflect the Instructor's availability for the following month, including any anticipated changes or absences. Instructors are responsible for making necessary adjustments to their schedules in a timely manner to ensure accurate and effective planning of swim lessons and lifeguarding services. Failure to comply with this schedule update requirement may result in temporary suspension from the platform until compliance is achieved.

The relationship between SwimNGo and the Contractor under this Agreement is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between SwimNGo and the Contractor.

• Confidential Information: You will not disclose or use for any purpose SwimNGo’s confidential information including, without limitation, client or staff lists/telephone numbers/addresses, written manuals, schedules, or any other information obtained in the course of your engagement. SwimNGo owns such information and disclosure to or use by third parties or yourself of such information would be extremely harmful to SwimNGo Inc.
• Non-Compete Clause: During the term of this Agreement and for a period of 90 days following its termination, Contractor agrees not to directly or indirectly solicit, divert, or poach any client or customer of SwimNGo for their own personal or individual business. Contractor shall not engage in any activities that may compete with the business interests of SwimNGo without prior written consent.
• Pool Usage: You CANNOT use the pool to train athletes, yourselves, any other staff, or anyone. You CANNOT use the pool outside of the scheduled time of the program. You CANNOT use the pool for anything other than the scheduled program at that time. You absolutely CANNOT solicit SwimNGo Inc. clients for any reason and ask them if they want training.

• Behavioral Standards: You must confirm that you have never engaged in or been convicted of child abuse and/or any related offense. Smoking and/or possession or consumption of alcoholic beverages or illicit drugs are forbidden during the program sessions. Any contravention of such prohibited activities is grounds for immediate termination and will be reported to the proper authorities.
• Compliance with Policies: Contractor acknowledges and agrees to comply with all policies, procedures, and guidelines established by SwimNGo. This includes but is not limited to safety protocols, lesson plans, code of conduct, and any other rules or regulations as communicated by SwimNGo.

• Health and Safety: SwimNGo is not responsible for any accident, injury, or illness sustained by you. You are required to complete a medical form attesting to your good health prior to the commencement of the sessions.
• Personal Property: SwimNGo cannot be held responsible for the loss of or damage to any of your belongings, including, but not limited to, wallets, eyeglasses, phones, other electronics, shoes, etc.

• Criminal Record Check: Your engagement with SwimNGo is conditional upon the successful completion of a criminal record check, suitable for those working with children, in the sole discretion of SwimNGo. It is your responsibility to obtain the criminal record check as described above.
• Image and Media Consent: CYou consent to the use by SwimNGo Inc. of your image or name in photographs, print material, and web material.

SwimNGo reserves the right, without notice and at its sole discretion, to terminate or suspend your access to and use of all or part of our Site and Services for any reason, including breach of these Terms.

SwimNGo will process payments on behalf of Instructors through our payment processor. Instructors are responsible for providing accurate payment information and for any taxes applicable to their earnings. SwimNGo is not responsible for any discrepancies in payments due to incorrect information provided by the Instructor.

SwimNGo provides the Services and Site "as is" and "without warranty" of any nature or kind. SwimNGo disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranty of non-infringement, merchantability, or fitness for a particular purpose.

In no event shall SwimNGo be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services or the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party; or (iv) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services.

These Terms and your use of our Site and/or Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in Ontario.

If you have any questions, concerns, or suggestions regarding these Terms, please contact us at info@Swimingo.com.