A reference to Water Babies shall be a reference to Water Babies Ltd, its group companies, and/or franchises, including WB Master Canada Inc. and the local franchise that has sent you these terms.
A reference to “us/we/our” in these terms and conditions refers to the Water Babies.
Booking
Water Babies bookings start with an initial booking period, and then convert into a rolling monthly subscription.
Our courses run throughout the year in accordance with our published swimming dates. Scheduled class dates are available to view in the parent portal - your My Water Babies account https://my.waterbabies.ca
When signing up to Water Babies for the first time, details of the course you are booked onto including the day of the week, time at which you will swim, and the venue will have been agreed with you in advance. Once agreed, you will swim on the same day of the week and at the same time and at the same venue for the duration of your subscription on scheduled swimming dates (please see section on “Changing Class Times and Venues” below for information on when we may change your time/venue and the associated procedures). After signing up to Water Babies, you will be sent a confirmation email detailing the booking information.
Initial Booking
A Water Babies subscription enables you to continue swimming with us until you reach the end of our 5-year program (please see the “Changing Times and Venues Section” below). Your first booking will run from your selected start date through to the end of the calendar month in which you complete your 8th lesson with us (your “Initial Booking”).
This means your Initial Booking could be anywhere from 8 to 12 lessons depending on when you book in and start, which will automatically convert into a subscription unless you cancel (please see the Monthly Subscription and Cancellation sections below for more detail)
Your first deadline to cancel your booking will be the last day of the month before your Initial Booking ends (eg if your initial booking ends on November 30th, you must cancel by October 31st or your booking will renew to the end of December).
Monthly Subscription
Outside of your initial booking, Water Babies works on a monthly subscription system.
To cancel your subscription with us, you must give us notice of cancellation one full calendar month before your booking expires. Your subscription will renew for additional one-month periods unless you cancel your subscription by the last day of the month. When you cancel your subscription we will take payment for any remaining lessons at the time.
Your first deadline to cancel your booking will be the last day of the month before your Initial Booking ends (eg if your initial booking ends on November 30th, you must cancel by September 30th or your booking will renew to the end of December). Please see Refund and Cancellation section below for details.
Monthly subscription payments are calculated based on the number of lessons scheduled in the forthcoming month multiplied by the cost per class.
Communication
Water Babies will contact you via phone, SMS and/or email to communicate updates, changes, reminders and other items related directly to your classes. By giving us your contact details (including your phone number), you agree to receive messages (including SMS messages) at the numbers and addresses provided. You can manage your preferences for messages relating to offers and other marketing items through your My Water Babies portal.
Taking Payment
Your initial payment will be charged at the time of booking, and you will receive an email confirmation of your initial booking. A pre-authorized Debit or credit/debit card payment is required as an ongoing payment method to secure your space. If an ongoing payment method is not provided within 24 hours of the first initial payment, we reserve the right to cancel your booking and register a new swimmer in your place.
After this, unless we have agreed with you otherwise, all monthly subscriptions will be paid on the first working day of each month.
When you pay for classes with your credit/debit card, your card details are stored on a secure payments system operated by a third party. By providing your card details you grant us a continuous payment authority to enable us to debit the card when necessary.
If you choose to pay the monthly subscription using your debit/credit card, you grant us a continuous payment authority, and authorise us to use the card details you have logged with us to debit any payments due (including any monies owing for a cancellation period).
Alternatively, you may set up a Pre-Authorised Debit to pay for your classes. We use a third-party company to process these Pre-Authorised Debits (GoCardless) on our behalf. Details of our supplier and their terms of business will be provided when we confirm to you that your Pre-Authorised Debit mandate has been successfully set up.
When you grant us a continuous payment authority (as above) you authorise us to use the payment card details you have logged with us to debit the amount due for the monthly subscription in circumstances where a Pre-Authorised Debit payment is not successful.
Whenever your account details change, or you wish to change the way you pay you can update this in your My Water Babies account by visiting https://my.waterbabies.ca
If the course is 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 losing your place on the course.
Should payment not be made for lessons, you will not be able to attend. Upon non-payment, we reserve the right to cancel your booking and register a new swimmer in your place. If your space hasn’t been filled, you will be allowed to attend lessons again once your payments are up to date, but you will not be entitled to a refund, credit or catch-up lesson(s) for any lessons missed due to non-payment.
Changing Class Times and Venues
If during your swimming journey with Water Babies, you need to make changes to your swim day, time, venue, or area 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 requested changes, we will review any resulting changes in the cost of your lessons with you before you make your decision.
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 endeavour to give you as much notice as possible. As a minimum, you will be given 3 weeks notice of this change. Where we are not able to provide 3 weeks notice, you will be entitled to receive a refund for any classes you are unable to attend at the new time, day and venue.
If you are not happy with the new dates, times, or venue you may cancel your subscription in accordance with the Refunds and Cancellation section below.
Refunds and Cancellations
In general, Water Babies does not provide refunds or credits for lessons missed by our swimmers where the class ran as scheduled.
New Clients
You may cancel your booking with us either any time before your first class begins and we will refund any money you have paid to us. If the date has passed of your first scheduled lesson (regardless of whether you attended that lesson), then you are considered a current client.
Current clients
As in the “Booking” section above, after your Initial Booking, your Water Babies booking works like a subscription, renewing for additional one-month periods, and requiring one full calendar month’s notice to cancel.
To cancel your lessons, you must inform us of this one full calendar month before your booking expires by email using the contact details provided by your local office. We will send you an acknowledgement email to confirm the date that your subscription will end. If you do not receive this acknowledgement, please know that your booking may not yet been cancelled and please send us further notice. When you cancel your subscription, we will take payment for any remaining lessons at the time.
Your first deadline to cancel your booking will be the last day of the month before your Initial Booking ends (eg if your initial booking ends on November 30th, you must cancel by September 30th, or your booking will renew to the end of December).
As an example, if you cancelled on the 30th of March your last payment would be April 1st and your last swim date would be the last available lesson date in April.
Alternatively, if you cancelled on April 1st your subscription will have been renewed, further payments will be taken on April 1st and May 1st and your last swim date would be the last available lesson in May.
Once you have received your confirmation of cancellation from us your notice in writing you do not need to cancel your Pre-Authorised Debit or continuous payment authority. We will process payment for any remaining classes upon cancellation and then cancel your monthly subscription payments for you.
Please note that if we receive your cancellation within three working days of your billing date, we will not be able to adjust your monthly Pre-Authorised Debit and you will be liable for the remaining payments in line with the above examples.
Once you have received your confirmation of cancellation from us your notice in writing you do not need to cancel your Pre-Authorised Debit or continuous payment authority. We will process payment for any remaining classes upon cancellation and then cancel your monthly subscription payments for you.
If a pool cannot be used in the short term we will endeavour, where possible, to re-schedule your lesson. 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. When this is the case, you will be notified accordingly.
Your attention will be drawn to any changes to lesson dates, and you will be asked to let us know within 1 week if you are unable to attend these revised lesson dates. If no objections are made within that timeframe, your revised dates will become officially scheduled dates.
If you are unable to attend the revised dates and have let us know within 1 week of receiving these new dates, your account balance will be updated with a credit for that lesson. In the event of us having to cancel a lesson and being unable to reschedule, we will also apply a credit to your account balance for that lesson.
Where a pool is not available more than one week for reasons outside our control, we cannot be responsible for providing any further lessons to you during that time. If this occurs, and if it is not possible to reschedule the classes, we will either refund the unused balance of your subscription or credit you against a future booking.
Should a lesson already be in progress about to start and have to be cleared on the grounds of health and safety, if the class is at least halfway (15 minutes) in, we are under no obligation to refund the lesson or part thereof.
We are under no obligation to refund lessons that may be missed due to local adverse weather when the venue and environs are safe and accessible, and lessons are held. We regret that we are unable to offer automatic refunding or rescheduling of lessons in the event of adverse conditions local to you which prevent you from attending a scheduled class.
We are under no obligation to credit or refund 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.
Video and Photography
While the family atmosphere we encourage means that parents, grandparents, and friends should feel very comfortable taking photographs or video footage, we would ask that everyone remains sensitive to the feelings of others should some families not feel comfortable with this. If someone in a class asks that there be no videos or photos taken, the teacher will inform the class and filming/photography must stop immediately and without incident.
We must also adhere to pool rules at individual venues, some of which do not permit the use of such equipment. If this is the case with your pool, we will have informed you separately and ask that you respect their 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.
At times during the course, we may take pictures of you and your child with other parents and children. Whenever we take these photos in class, we will always let the class know and give the option for any swimmers to be left out of the picture if they do not wish to be included. These photographs will be used for distribution to class members as a keepsake, and also for promotional and publicity purposes. By participating in in-class photographs you accept that they may be posted publicly on the internet and that others who participate may be given a copy and that Water Babies has no control over its use by you or others. If you would like to withdraw your consent at any time, please contact your local Water Babies office.
Underwater Photo Shoot
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 journey with Water Babies, subject to availability and baby readiness as assessed by your teacher.
There is an upfront sitting fee to be paid which covers everything that happens at the shoot on the day. This fee will need to be paid in full prior to us confirming your space for the photo shoot.
Unfortunately, we cannot offer a space to any child that is not swimming with us at the time of the shoot.
After the photo shoot, all brand-standard images taken on the day will be uploaded to an online portal for you to view and choose which ones to order. Ordering your photos comes at an additional cost (a full list of which can be obtained from your local office prior to booking on to your shoot).
Once an initial payment is taken from you and your booking has been confirmed, you have the right to cancel your booking up to 30 days before the date of the shoot without giving any reason and get a full refund. 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. an email) sent to your local office. No refunds will be issued if a shoot is cancelled by you less than 30 days before the shoot or you do not attend the shoot (for illness, please see sections below).
We always try to 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. Unfortunately, we cannot offer a space to any child that is not swimming with us at the time of the shoot.
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. The comfort and happiness of each child will guide how many underwater photos we are able to take, and where a child is not happy to continue going under water, no compensation by credit, refund or rebooked shoot will be issued. 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).
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 (backed up by a doctor's note) or readiness (as assessed by your Water Babies Teacher), then in the first place we will look to book you onto the next available photo shoot. If you are no longer swimming with us, a refund will be offered.
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 for download. The images are sent to a processing house where they are refined and returned to you as a final product. You will receive all approved images of your child after the photo shoot usually within 10-20 business days, although exact times may vary.
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 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 in situ 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 (including strollers) 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 jewellery 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 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 or if you have Covid–19 symptoms or have been asked to isolate. Please wait until your doctor has given the all-clear before returning to classes.
Please ensure that any sickness/diarrhea symptoms have completely cleared for at least 48 hours before your lesson, or 72 hours 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
For children under 4 years of age:
Without exception, all babies/toddlers under 4 years of age, regardless of whether they are potty trained, must wear our double diaper system: either reusable swim diaper or a disposable swim diaper with a Happy Nappy® (or Splash Jammer®) on top.
Children wearing any other attire, including wetsuits or warmers, etc. must still wear a Happy Nappy® (or Splash Jammer®) and swim diaper. We reserve the right to refuse entry to any child who is not suitably attired with no credits or refunds issued.
For children above 4 years of age:
Non-potty-trained children over 4 years of age: Must wear our double diaper system: either reusable swim diaper or a disposable swim diaper with a Splash Jammer® on top.
Potty-trained children over 4 years of age: Are required to wear a Splash Jammer® in all Water Babies Classes. However, we recommend that all children wear either a reusable swim diaper or a disposable swim diaper along with the Splash Jammer®.
Always change your baby on the floor using a suitable changing mat. Do not use any raised areas such as benches, trolleys, or tables. This is to prevent babies from rolling onto the floor from high surfaces.
Please take all your used diapers away with you unless a clearly marked garbage can has been provided. Never leave diapers in an open garbage (including those within the venue grounds).
Withdrawal of Service
Water Babies may at its own discretion refuse entry to a client to its courses if it is felt that the client’s behaviour or the behaviour of those associated with the client is unreasonable or becomes an issue of health and safety.
Pool/Poolside Health and Safety
No outdoor footwear or strollers can be taken onto poolside, and in some venues, also changing rooms. 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 class, 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 invited to do so by your teacher.
You are responsible for the safe supervision of any children you bring at all times (If you are bringing more than one child to the venue, you must have an adult present to supervise any children not in the pool): on poolside, in the changing rooms and on the pool premises. They should always be under the direct supervision of an adult and never be left unattended. 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, we can only accommodate one adult in the pool at a time with each child, who must be either the child's parent or guardian or an adult designated by same (we are happy for other members of your family, friends, or nannies to bring your child to classes). Anyone new to the class must let the teacher know at the beginning of the session, including any health issues, so they can provide the extra help and advice that will be needed.
Teachers
While it is our policy that we try to ensure you always have the same teacher, we cannot guarantee this as teachers get sick, require cover, leave etc. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your class. 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 and, while we always try to limit it, it is a necessary part of our commitment to quality.
Safeguarding
Water Babies is committed to providing good child safeguarding practice for all our swimmers and we have our own internal Safeguarding Policy, a copy of which is held by the Water Babies Office. Our Water Babies policy is one where we accept that good safeguarding and fair play is paramount for all our swimmers.
If you have a question or concern regarding child welfare, the Water Babies Welfare Officer should be informed at info@waterbabies.ca.
Medical Conditions
Prior to swimming, you will be asked for any existing medical conditions (including any disabilities) for either yourself, any another carer who may swim in the lessons and the baby booked into the lessons.
It is vital that you inform us of any medical condition(s)/disabilities that you, your child, or the carer responsible for taking your child swimming may have that might affect your/their time in the pool. All information received is treated sensitively and in confidence.
If you are unsure whether any illness or injury may affect your, your child’s, or their carer’s ability to swim, please refer to your Family Doctor, Paediatrician or other health professional.
Should you become aware of a medical condition or disability after signing up to lessons, it is your responsibility to update your information in your My Water Babies portal or via the office.
By agreeing to our terms and conditions you are agreeing to take responsibility for the fact that anyone who brings your child swimming, who has an illness, injury etc. will, if necessary, have taken medical advice before coming. Please ensure that they also give the teacher any necessary information on the day.
All people bringing children swimming with Water Babies take ultimate responsibility for their own and their child’s medical/health issues and will be deemed by Water Babies to have taken all necessary advice and obtained the appropriate authority. Informing Water Babies of an adult’s or child’s medical condition does not relinquish this responsibility.
Data Protection
Water Babies Ltd is committed to protecting your privacy (please visit our website to see our privacy notice). We will only use the information that we collect from you in accordance with all legal requirements and in accordance with the privacy notice detailed on our website at www.Waterbabies.Ca/Privacy/Privacy-Notice.
Venue Information
You have been sent information relating to the venue that you will be swimming in. This information includes important Health & Safety points. Please read the information in full.
Exclusion of Liability
I am aware that Water Babies classes can involve many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; variation or steepness in pool decks and floors; slips caused by wet environs, trips caused by pool equipment or other items; mechanical failure of equipment; exposure to temperature extremes; travel or transport to and from the sites used for Water Babies Classes; failing to participate safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF WATER BABIES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WATER BABIES CLASSES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WATER BABIES CLASSES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
In consideration of the Water Babies agreeing to my participation in their classes and permitting my use of their services, equipment and other facilities, I agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Water Babies AND TO RELEASE WATER BABIES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Water Babies DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF WATER BABIES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF WATER BABIES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN “SPORT” REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY WATER BABIES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Water Babies;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where your classes take place and no other jurisdiction.
Changes to Terms and Conditions
From time to time, we may update these Terms and Conditions by sending you either an updated version or notification of minor changes. You are free to not accept these changes, but we would ask you to notify us in writing of your non-acceptance within 14 days of your receipt, failing which we will be entitled to treat our agreement with you as being subject to the updated version.