TERMS OF SERVICE
SWIM BUDDIES
swim-buddies.com
Updated On: March 14, 2025
- ACCEPTANCE OF TERMS
By accessing or using the Swim Buddies website (“Website”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must refrain from using the Website. Swim Buddies reserves the right to update or modify these Terms at any time, and continued use of the Website constitutes acceptance of any changes.
- SERVICES PROVIDED
Swim Buddies operates as an online platform that facilitates connections between individuals seeking at-home swim lessons (“Clients”) and independent swim instructors or lifeguards (“Service Providers”). The Website enables Clients to search for, review, book, and remit payment for swim instruction services provided by independent Service Providers. Swim Buddies does not employ, manage, train, or supervise Service Providers and assumes no responsibility for the quality, safety, legality, or appropriateness of the swim instruction services provided.
Swim Buddies serves solely as an intermediary platform that provides a listing service and booking functionality. It does not, at any time, endorse, warrant, or guarantee the qualifications, licensing, competency, or conduct of any Service Provider. Clients are solely responsible for conducting their own due diligence and verifying that a Service Provider meets their standards and requirements before booking a session. Any agreement entered into for swim instruction services is strictly between the Client and the Service Provider, and Swim Buddies is not a party to such agreements.
Swim Buddies does not provide any equipment, facilities, or instructional materials for swim lessons, nor does it participate in any scheduling, rescheduling, or modifications to swim lesson arrangements beyond the functionality provided by the Website. Users acknowledge and accept that all engagements facilitated through the Website are conducted at their own risk, and Swim Buddies disclaims any and all liability related to such transactions to the fullest extent permitted by law.
- INDEPENDENT BUSINESS RELATIONSHIP
Service Providers acknowledge and agree that they are independent contractors and are not employees, agents, partners, joint venturers, or representatives of Swim Buddies in any capacity. No employment relationship, fiduciary duty, or authority to act on behalf of Swim Buddies is created or implied by these Terms. Service Providers retain full control over how they offer, schedule, and conduct their services, including setting their own rates, establishing availability, and determining teaching methodologies, provided that such activities comply with applicable laws and Swim Buddies’ platform policies.
Swim Buddies does not exercise supervision, direction, or control over the quality, timing, legality, or execution of the services provided by Service Providers. Swim Buddies solely provides an online marketplace for facilitating connections and transactions between Clients and Service Providers. All contractual obligations regarding swim instruction are exclusively between the Client and the Service Provider.
As independent business owners, Service Providers are fully responsible for their own business operations, including but not limited to obtaining necessary licenses, maintaining valid and up-to-date certifications, securing insurance coverage for liability and personal injury, ensuring compliance with all applicable laws, and fulfilling tax obligations at the municipal, provincial, state, and federal levels. Swim Buddies bears no liability for a Service Provider’s failure to comply with legal or regulatory requirements and will not provide tax documentation or employment benefits to Service Providers.
Service Providers agree that they shall not hold themselves out to Clients or any third parties as employees, agents, or representatives of Swim Buddies. Any misrepresentation or false claims regarding a relationship with Swim Buddies may result in immediate termination of access to the platform. Swim Buddies reserves the right to take necessary actions, including suspension or permanent removal of Service Providers, if they are found to be in violation of this clause.
- PAYMENT AND BILLING
All payments for swim instruction services are processed through the Website using third-party payment processors. Clients agree to pay all fees associated with their bookings, including any applicable taxes. Swim Buddies deducts a percentage of the class cost (from the instructor’s side) to cover credit card processing fees and platform maintenance. Payments are directly deposited from clients to instructors via third-party payment providers. Swim Buddies bears no responsibility for payment disputes, refunds, chargebacks, or any related issues between clients and Service Providers.
- NO REPRESENTATIONS OR WARRANTIES
Swim Buddies makes no representations or warranties regarding the qualifications, certifications, skills, or suitability of any Service Provider. While Swim Buddies verifies instructor certifications upon initial sign-up, it is the ongoing responsibility of the instructor to maintain valid and up-to-date certifications. The Website does not guarantee the safety, security, or suitability of any client location used for swim instruction services. Users acknowledge that any reliance on information or representations made by Service Providers is at their sole risk.
- RISK AND LIABILITY
Clients and Service Providers acknowledge that swim instruction involves inherent risks, including but not limited to bodily injury, drowning, property damage, or other unforeseen consequences. By using the Website, clients and Service Providers expressly assume all risks related to the provision or receipt of swim instruction services. Swim Buddies is not liable for any injuries, damages, or losses arising from the use of its platform or the services of a Service Provider. Swim Buddies disclaims all liability for incidents occurring before, during, or after a swim lesson, including but not limited to any issues arising from the location or facilities used for such services.
- LIMITATION OF LIABILITY
Swim Buddies, its affiliates, officers, directors, employees, and agents shall not, under any circumstances, be liable to any user, whether a client or Service Provider, for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business opportunities, revenue, goodwill, data, service interruptions, website malfunctions, system failures, or loss of business, even if Swim Buddies has been advised of the possibility of such damages.
Swim Buddies does not warrant that the Website will be uninterrupted, error-free, or free from harmful components, and shall not be responsible for any disruptions that may impact access, bookings, payments, communications, or any other feature of the Website. Users acknowledge and accept that technical failures, system outages, software bugs, security breaches, or other unforeseeable issues may arise, and Swim Buddies shall bear no responsibility or liability for such occurrences.
Swim Buddies shall not be responsible for any liabilities, damages, claims, or losses arising from reliance on the Website’s content, third-party integrations, payment processing errors, inaccuracies in user profiles, or misconduct by any user, including but not limited to fraud, misrepresentation, negligence, or unauthorized activity on the platform. Users assume full responsibility for their interactions with other users and their reliance on the Website’s services. The limitations of liability contained herein shall apply to the fullest extent permitted by applicable law.
- USER RESPONSIBILITY
Clients are solely responsible for ensuring that their swimming environment is safe, sanitary, and appropriate for swim instruction, including but not limited to ensuring proper water quality, adequate supervision, and compliance with all local safety regulations. Clients must also disclose any relevant health conditions or physical limitations that could affect participation in swim lessons. If the swimmer is under the age of 18, a parent or legal guardian must be present on the premises at all times during the swimmer’s participation.
Service Providers bear full responsibility for the quality, safety, and outcome of their services, including ensuring that they hold valid and up-to-date certifications, obtaining appropriate insurance coverage, and complying with applicable laws and industry standards. Each Service Providers is required to maintain their own business insurance, which Swim Buddies does not verify or monitor. Service Providers must also assess and confirm the suitability of the swim environment before commencing any lessons and may refuse to provide services if they determine the conditions to be unsafe or inadequate. Additionally, Service Providers are solely responsible for ensuring that they have all necessary equipment available for their classes, as required.
Swim Buddies assumes no responsibility for verifying the safety, security, or suitability of the facilities used for lessons. Any health waivers, if provided and signed, are solely between the client and the Service Provider, with Swim Buddies having no involvement or liability. Swim Buddies does not provide any form of risk assessment, supervision, or emergency assistance for swim lessons and shall not be held liable for any incidents, injuries, or damages arising from the use of the Website or any services booked through it. Users acknowledge that all services are undertaken at their own risk and discretion.
- INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless Swim Buddies, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from or related to: (i) their access to or use of the Website; (ii) any interactions, agreements, disputes, or transactions with other users, including but not limited to clients and Service Providers; (iii) their provision or receipt of swim instruction services, including any claims related to injury, property damage, negligence, or misconduct; (iv) any violation of these Terms or applicable laws, regulations, or third-party rights; and (v) any unauthorized use, misuse, or reliance on the Website’s features or content.
Users acknowledge that Swim Buddies does not control, supervise, or assume responsibility for the actions or omissions of any users, and as such, Swim Buddies shall not be liable for any disputes, losses, or damages arising from interactions facilitated through the platform. Swim Buddies reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case users agree to cooperate fully with Swim Buddies in asserting any available defenses.
- NON-CIRCUMVENTION
Service providers acknowledge and agree that any clients found, acquired, or referred through the Swim Buddies platform must complete all bookings and payments exclusively through the Swim Buddies website. Service providers shall not direct or encourage clients to book or pay through any alternative platform, method, or medium outside of the Swim Buddies website. Service provider profiles must not contain any information or links that suggest or facilitate alternative booking or payment arrangements. Any breach of this provision may result in the service provider’s immediate and permanent removal from the Swim Buddies platform, at Swim Buddies’ sole discretion.
- CANCELLATION POLICY
Clients may cancel bookings up to forty-eight (48) hours before the scheduled class time without penalty. If a cancellation occurs within forty-eight (48) hours of the scheduled class time, the full class fee will be charged. Refunds, if applicable, are subject to the individual policies of the Service Provider. Swim Buddies does not guarantee refunds for canceled bookings.
- PROMOTIONAL DISCOUNTS
Service Providers have the ability to generate promotional discounts (up to 20% off) through their instructor profiles at their sole discretion. Swim Buddies does not dictate or manage the issuance of such discounts.
- COMMUNICATION FEATURES
The Website includes a chat function that enables Clients and Service Providers to communicate directly regarding lesson scheduling, progress tracking, swim goals, safety concerns, and other relevant topics. This feature is intended to facilitate clear and efficient communication between users to enhance their experience on the platform. Swim Buddies does not actively monitor, review, or regulate chat content and is not responsible for the accuracy, appropriateness, or legality of messages exchanged between users. However, Swim Buddies reserves the right, at its sole discretion, to access and review communications in cases where abuse, harassment, inappropriate content, or violations of these Terms have been reported. Swim Buddies may take appropriate action, including warning, suspending, or banning users from the platform if misuse of the chat function is detected.
- PROFILE MANAGEMENT AND CONTENT UPLOADS
Service Providers may upload images to their profile gallery, provided that any image featuring an individual is accompanied by written consent from the individual or, in the case of minors, from a parent or legal guardian. Swim Buddies reserves the right to remove any inappropriate or unauthorized content at its discretion.
- USER CONDUCT AND PLATFORM INTEGRITY
Swim Buddies reserves the right to ban users from the platform for exhibiting inappropriate behavior, misuse of the platform, or failure to fulfill obligations, including but not limited to instructors failing to show up for booked classes. Users must be at least eighteen (18) years old to register and use the platform. All information submitted through the Website, including but not limited to age and qualifications, must be truthful and accurate. Any misrepresentation may result in account suspension or termination.
- PRIVACY POLICY
Swim Buddies collects and processes user data in accordance with its Privacy Policy, which is incorporated by reference into these Terms. By using the Website, users consent to the collection, storage, and processing of their data as described in the Privacy Policy.
- DISPUTE RESOLUTION
Any dispute arising out of or relating to these Terms or the use of the Website shall be resolved exclusively through binding arbitration in accordance with the laws of Ontario. Users waive their right to participate in class-action lawsuits or jury trials.
- AMENDMENTS TO THE TERMS OF SERVICE
Swim Buddies reserves the right to amend these Terms at any time. Users are responsible for reviewing these Terms periodically, and continued use of the Website following any modifications constitutes acceptance of the updated Terms.
- CONTACT INFORMATION
For inquiries regarding these Terms, please contact Swim Buddies at:
Email: contactswimbuddies@gmail.com
