InstaSwim Terms of Service

1.1Introduction

InstaSwim LLC ("InstaSwim", "we", "us") runs an online marketplace that connects people who want private swim lessons ("Clients") with independent swim instructors ("Instructors"). "Participant" means any person taking a lesson. "Supervising Adult" means a parent or legal guardian of a minor Participant, or another adult that parent or legal guardian has chosen to supervise a lesson.

These Terms govern your use of the InstaSwim website and platform and any lesson arranged through it. By booking, paying, or taking part in a lesson you agree to these Terms, including Section 13, which requires most disputes to be resolved by individual arbitration and includes a class action waiver. If you do not agree, do not use InstaSwim.

1.2Marketplace relationship

InstaSwim is not a swim school. It does not teach lessons, provide lifeguards or supervise lessons. Instructors are independent contractors who choose their own teaching methods. Lessons are a service the Instructor provides to the Client. InstaSwim provides the platform, sends booking requests to Instructors, processes payment and provides customer support.

1.3Booking for a minor

If you book for a minor you confirm that you are the parent or legal guardian, that you accept these Terms for the minor, and that you will sign the Liability Waiver for them.

1.4In-water supervision for Participants under 3

For every Participant under 3 years old, the Instructor is in the water with the child and a Supervising Adult must also be in the water for the whole lesson. If this is not followed the Instructor will stop the lesson, and it is treated as a no-show under Section 10.3.

1.5Changes to these Terms

We may update these Terms. We will post the new version with its date. For a change that materially affects your rights we will email the address on your booking at least 30 days before it takes effect. A change to Section 13 applies only to disputes that arise after it takes effect.

1.6Other documents

The Liability Waiver and the Privacy Policy apply together with these Terms. Section 22.1 says which controls if they differ.

1.7Marketing content

If these Terms differ from anything on our website, city pages, emails or social media, these Terms control.

1.8Liability Waiver required

Every adult Participant, and the parent or legal guardian of every minor Participant, must sign the Liability Waiver before the first lesson. No lesson may take place without it.

1.9Effective date

These Terms apply to bookings made on or after October 10, 2026. A booking made before that date is governed by the Terms in effect when it was made. For a copy of the earlier Terms, email support@instaswimusa.com.

2.1Marketplace only

InstaSwim does not provide swim instruction, lifeguard services or supervision, and does not control any pool. Lessons are provided by the Instructor.

2.2Independent Instructors

Instructors are independent contractors, not employees, agents or partners of InstaSwim. Each Instructor decides how lessons are taught, sets their own availability, arranges lesson times with the Client, and is responsible for their own taxes and business expenses.

2.3Onboarding is administrative, not endorsement

InstaSwim does not interview Instructors, train them to teach swimming, or assess their teaching or swimming ability. Instructors apply to list their services and receive Client details only after completing administrative steps, which may include accepting the Instructor agreement, a background check run by an outside screening company, a CPR certification on file, and InstaSwim's Safety and Conduct Orientation, which covers platform policies and child safety and does not teach swim instruction. Completing these steps means only that the steps were completed. It is not an endorsement or a statement about any Instructor's skill, character or suitability.

2.4No supervision of lessons

InstaSwim does not watch lessons, provide lesson plans, or direct an Instructor's decisions during a lesson. The safety and child-protection conditions in these Terms are conditions of using the marketplace. They do not direct how any Instructor teaches.

2.5Instructor conduct

Because Instructors are independent, InstaSwim is not responsible for an Instructor's teaching methods, judgment, punctuality or conduct, except as the law requires. Section 5 sets out the release that applies.

2.6No assurance of safety

InstaSwim cannot assure you that a lesson will be free of injury, that a pool is safe, or that a Participant will learn to swim. Swimming is dangerous. Participation is at your own risk.

2.7Payments

InstaSwim processes payments. Part of what you pay is the Instructor's fee for lessons and part is InstaSwim's platform fee. Instructors are paid after they report a lesson as completed.

2.8Instructor information

Instructor profiles, including experience and teaching style, are written by the Instructor and are not checked by InstaSwim. InstaSwim confirms that a CPR certification document is on file for each Instructor. That is a check that the document exists. It is not a statement about an Instructor's lifesaving ability.

2.9Communication

InstaSwim helps with matching, billing and support. After a match, you and your Instructor communicate directly.

2.10Availability

Instructor availability depends on location, season and demand. InstaSwim cannot assure you that an Instructor will be available, how quickly a request will be accepted, or that the same Instructor will continue. If no Instructor has accepted your request, it stays open until you close it, and you are not charged.

2.11What you acknowledge

You acknowledge that InstaSwim is a marketplace, that Instructors are not InstaSwim employees, that InstaSwim does not supervise lessons or provide lifeguards, and that lessons are at your own risk.

3.1Independent contractors

Nothing in these Terms creates employment, agency, partnership or franchise between InstaSwim and any Instructor.

3.2Teaching methods

InstaSwim does not direct how lessons are taught, require any method, or evaluate teaching. InstaSwim does set safety and child-protection conditions for using the marketplace, including supervision requirements, prohibited equipment and conduct standards. Those protect Participants. They are not instructional control.

3.3Schedule

Instructors choose their own availability and may accept or decline any offer. Clients and Instructors arrange lesson times directly.

3.4Pools and equipment

InstaSwim does not provide pools, equipment or flotation devices. The pool and access to it are provided by the Client.

3.5Legal compliance

Instructors are responsible for their own taxes, any business registration, and following the law and facility rules.

3.6No exclusivity

Instructors may teach elsewhere and run their own businesses, subject to Section 11.

3.7No assured volume

InstaSwim makes no commitment to any Instructor about the number of Clients, lessons or earnings.

3.8Feedback and removal

Client feedback is voluntary. InstaSwim may pause or end an Instructor's access to the platform, including for safety concerns, complaints, background check matters or policy violations.

3.9No authority to bind InstaSwim

An Instructor may not present themselves as an InstaSwim employee, make commitments or statements about safety or insurance on InstaSwim's behalf, or collect payment outside the platform.

3.10What Clients acknowledge

Clients acknowledge that Instructors are independent contractors, that InstaSwim does not supervise lessons or control teaching methods or schedules, and that Instructors are responsible for how lessons are performed.

4.1Inherent risks

Swimming and being in water are dangerous and can cause serious injury or death even with an Instructor present. The risks include drowning and near-drowning, panic, water inhalation, slips and falls, impact with pool surfaces, entrapment, fatigue, cramps, cold shock, heat illness, and injury caused by other people. They exist at any depth, age or skill level.

4.2No assurance

No Instructor can remove the risk of drowning. A brief lapse in attention can be catastrophic.

4.3Health and readiness

You are responsible for deciding, with a doctor where appropriate, whether a Participant can safely take part, and for telling the Instructor about any condition that could affect safety. InstaSwim does not perform medical reviews or decide whether a Participant is ready to swim. InstaSwim may use the health and needs information you provide to decide which Instructors receive your request, and may contact you to confirm details before sending it. That is not a medical review or a clearance to swim.

4.4Attire and gear

You provide swimwear, swim diapers where needed, towels, sun protection and any flotation device you wish to use.

4.5Pool environments

Lessons take place in home, community, apartment and facility pools, which may have hazards such as slippery or uneven surfaces, changing depth, poor visibility or lighting, chemicals and unsecured access. You accept the risks of the location you choose.

4.6Locations you choose

You are responsible for confirming that the pool is safe and working, that you have permission to hold lessons there, and that gates and access points are secured. InstaSwim does not inspect or approve any pool.

4.7Minors

Children can panic, tire or go under suddenly and silently. Lessons do not make a child safe around water.

4.8Participants under 3

Section 1.4 applies. Children under 3 cannot reliably rescue themselves.

4.9Assumption of risk

By booking and taking part, you voluntarily accept the risks of swimming, of the pool environment, and of the decisions an Instructor makes during a lesson, to the fullest extent the law allows.

4.10Ongoing risk

Coughing, swallowing water and fear are normal parts of learning to swim. Skills learned in lessons can fail under panic.

4.11No duty of rescue by InstaSwim

InstaSwim is not present at lessons and does not monitor them. Watching a Participant in real time is the job of the Instructor and the Supervising Adult.

4.12Liability Waiver

The Liability Waiver sets out these risks in more detail and must be signed before the first lesson.

5.1Release of InstaSwim

To the fullest extent the law allows, you, for yourself and for each Participant you book for, release InstaSwim LLC and its owners, members, managers, officers, employees and insurers (the "Released Parties") from all claims for injury, illness, death, property damage or other loss arising from or related to lessons arranged through InstaSwim, including claims that a Released Party was negligent.

5.2Instructor conduct

The release in 5.1 includes claims arising from the acts or omissions of an Instructor, including teaching methods, supervision decisions and scheduling.

5.3What is not released

Nothing in these Terms releases any person from liability for their own gross negligence, recklessness, intentional misconduct or criminal acts, or from liability that the law does not allow to be released.

5.4Client indemnity

You agree to defend InstaSwim and pay any loss or cost, including reasonable attorney's fees, that InstaSwim has because of: a claim by or for a Participant that these Terms or the Liability Waiver release; the condition of a pool or property you chose; a required Supervising Adult not being present; an animal at the lesson location; or untrue or incomplete information you gave. This does not apply to the extent the loss was caused by InstaSwim's own gross negligence, recklessness or intentional misconduct.

5.5Instructor indemnity

Instructors separately agree, in their agreement with InstaSwim, to be responsible for claims arising from their own negligence or misconduct.

5.6Parents and guardians

The parent or legal guardian of a minor Participant is responsible for supervision under Section 18 and for the minor's conduct at the lesson.

5.7Liability Waiver

Section 1.8 applies. The Liability Waiver adds to this Section.

5.8No third-party rights

These Terms give rights only to you, InstaSwim and the Released Parties.

5.9Scope

This Section applies to every lesson arranged through InstaSwim, paid or free.

6.1Accurate information

Give complete and accurate information when you book, including each Participant's name and age, swim ability, any condition that could affect safety, the lesson address and pool type, and keep it up to date.

6.2Pool safety

You are responsible for a reasonably safe pool and surroundings, including entry and exit points, gates and barriers, walking surfaces and water clarity.

6.3Participant readiness

Do not send a Participant to a lesson who is ill or affected by medication that impairs coordination or breathing.

6.4Attire and gear

Section 4.4 applies.

6.5Supervision of minors

Section 18.2 and Section 1.4 apply to every lesson with a minor.

6.6Communication with your Instructor

Be respectful, reply promptly about scheduling and access, and be ready at the scheduled time.

6.7Community and shared pools

For a community, HOA, apartment or public pool you are responsible for permission, access and following the facility's rules.

6.8Rescheduling and cancellations

Section 10 applies.

6.9Staying on the platform

Section 11 applies. InstaSwim is not responsible for anything arising from an arrangement with an Instructor outside the platform.

6.10Following these Terms

You are responsible for reading these Terms, for signing the Liability Waiver, and for making sure any Supervising Adult knows the supervision rules.

6.11Getting to know your Instructor

Profiles are written by Instructors and are not checked by InstaSwim. You are encouraged to speak with your Instructor before the first lesson and decide for yourself whether they are right for your family. You may decline an Instructor and ask for another before lessons begin, and you may ask InstaSwim for a different Instructor at any time.

This Section applies to Instructors and is part of each Instructor's agreement with InstaSwim.

7.1Conduct and representation

Instructors act professionally and lawfully, and do not present themselves as InstaSwim employees or make statements about safety or insurance on InstaSwim's behalf.

7.2In-water presence and attention

Instructors keep the Participant under direct attention for the whole lesson and give hands-on support where instruction or safety calls for it, in open view of the Supervising Adult. For a Participant under 3, the Instructor confirms a Supervising Adult is in the water.

7.3Hazards

Instructors look for obvious hazards, do not teach in conditions they believe are unsafe, and stop a lesson if a safety risk arises. Instructors are not lifeguards.

7.4Prohibited equipment and activities

During a lesson no one may use diving boards, slides, hot tubs or spas, inflatable or floating play equipment, or water play structures. Breath-holding contests and underwater endurance drills are prohibited.

7.5Law and facility rules

Instructors follow the law and the rules of the facility.

7.6No off-platform transactions

Instructors may not accept payment outside the platform or offer lessons outside it to Clients they met through InstaSwim.

7.7Incident reporting

Instructors report any injury, near-drowning, submersion, fall, hazard or safety concern to InstaSwim within 24 hours.

7.8No impairment

Instructors do not teach while affected by alcohol, drugs or impairing medication.

7.9Attire

Instructors wear appropriate swim attire.

7.10Cooperation

Instructors cooperate with any safety or complaint review.

8.1InstaSwim's liability program

InstaSwim maintains a liability insurance program for lessons arranged through the platform. An Instructor is included in that program for a lesson arranged through InstaSwim when, at the time of the lesson, the Instructor has a current agreement with InstaSwim, has a current CPR certification or combined CPR and First Aid certification on file, has completed the Safety and Conduct Orientation and its quiz, and has completed the background check and other onboarding steps described in Section 2.3, and the Client has signed the Liability Waiver. The program exists to respond to covered liability claims. It is not health or accident insurance that a Client buys, and it does not change any release or indemnity in these Terms.

8.2No assurance of coverage

Coverage is always subject to the terms, limits, conditions and exclusions of the policy and to the insurer's decisions. InstaSwim cannot assure anyone that the policy will respond to a particular incident.

8.3Equipment and features

Incidents involving equipment or activities that Section 7.4 prohibits, lessons outside the platform, and lessons without a signed Liability Waiver may not be covered.

8.4Conditions

Coverage may be lost where supervision rules are not followed, prohibited equipment is used, false information was given, or the lesson took place outside the platform.

8.5No expansion of liability

The existence of insurance does not make InstaSwim responsible for anything these Terms say it is not responsible for, and does not make any Instructor an employee.

8.6What Clients acknowledge

You should not rely on InstaSwim's insurance for your own protection.

InstaSwim's program includes limited accident medical coverage for registered Participants who are injured during a lesson. It applies only after your own health insurance, has a deductible and limits, and is subject to the policy's terms. If a Participant is injured in a lesson, contact support and we will explain how to ask about a claim.

8.7Your own insurance

We encourage you to keep health insurance, and homeowner's or renter's insurance for a pool you own.

8.8Survival

This Section continues to apply after your account closes.

9.1How payment works

What you pay is made up of the Instructor's fee for lessons and InstaSwim's platform fee. InstaSwim processes payment for both.

9.2When you pay

You are not charged when you submit a booking request. When an Instructor is matched to your request, InstaSwim sends you an invoice. Lessons begin after the invoice is paid. If no Instructor has accepted, you owe nothing, and you can close your request at any time.

9.3Prices

Prices depend on the lesson length, the package size and the area where lessons take place. The price for your booking is shown before you submit it. InstaSwim may change its prices for future bookings.

9.4Fees

InstaSwim charges a registration fee of $20 per student, shown on your invoice. The registration fee pays for matching and account set-up and is not refundable once lessons have started.

9.5Instructor fees

Instructors are paid for lessons they report as completed. InstaSwim may hold a payout while a dispute or safety review is open.

9.6Refunds

Lessons that have been taken or counted as completed under Section 10 are not refundable. If you change or end a package early, any refund for unused lessons is worked out by repricing the lessons you used at the price for that number of lessons, and refunding the difference. If you have paid for lessons and no Instructor is available to teach them, InstaSwim will refund the unused lessons at the price per lesson you paid, with no repricing, if no Instructor has accepted within 14 days or sooner if you ask. The registration fee is not refunded once lessons have started. Other refunds are at InstaSwim's discretion.

9.7Payment disputes

Please contact InstaSwim before disputing a charge with your bank so we can try to resolve it. If a charge is reversed for lessons that were provided, you remain responsible for the amount owed.

9.8Failed payments

If a payment fails or is reversed, lessons may be paused until it is resolved.

9.9No direct payments

All payment for lessons arranged through InstaSwim, including any tip, goes through the platform.

9.10Pricing errors

If a price was shown in error, InstaSwim may correct it and will give you the choice to continue at the correct price or cancel for a refund of what you paid.

9.11Promotional credits

Promotional credits have no cash value, cannot be transferred and may expire as stated when they are issued.

9.12Taxes

You are responsible for any sales or use tax that applies. Instructors are responsible for taxes on what they earn.

10.1Cancelling or rescheduling

Tell your Instructor as early as you can. A lesson cancelled before its start time is not used up. You and your Instructor reschedule it for another date.

10.2Repeated late cancellations

Late cancellations cost Instructors time and travel. Where cancellations inside 24 hours are repeated, or the Instructor had already traveled to you, InstaSwim may count the lesson as completed.

10.3No-shows

A no-show is when the Participant is not present and ready within 15 minutes of the start time, the Instructor cannot get access to the pool, a required Supervising Adult is not present, or the Participant refuses to enter the water. A no-show counts as a completed lesson. It is not refunded or made up.

10.4Late arrivals

If you are late, the lesson still ends at the scheduled time.

10.5Weather

An Instructor may postpone or stop a lesson for lightning, storms, unsafe temperatures, poor air quality or unsafe pool conditions. A lesson that could not start is rescheduled. A lesson that was stopped for safety after it began counts as completed.

10.6Packages

Packages cannot be transferred to another family. A package must be used within 12 months of the date it was paid for. Lessons not used within that time are forfeited, unless InstaSwim was unable to offer you an Instructor, in which case Section 9.6 applies.

10.7Illness and emergencies

If a Participant is ill, cancel before the lesson starts and reschedule under 10.1.

10.8Pool access

You are responsible for gates, codes and permissions. If the Instructor cannot get in, it is a no-show.

10.9Instructor cancellations

If your Instructor cancels, they reschedule with you. If you need a different Instructor, InstaSwim will send your request to other Instructors.

10.10Lessons stopped for a safety or policy breach

If an Instructor stops a lesson because supervision rules were not followed, prohibited equipment was used, or someone at the location behaved in an abusive or impaired way, the lesson counts as completed.

10.11Events outside anyone's control

A lesson that cannot take place because of a natural disaster, power failure, facility closure or government order is rescheduled.

10.12Changing Instructors

You may ask InstaSwim for a different Instructor. Your package and price stay the same and only lessons not yet taken are moved.

11.1Why this matters

InstaSwim's service depends on bookings and payments staying on the platform.

11.2No off-platform payments

Do not pay an Instructor directly for lessons arranged through InstaSwim, by cash, app or in kind.

11.3No off-platform hiring

While you use InstaSwim and for twelve months after your last lesson, do not hire for private swim lessons, outside the platform, an Instructor you met through InstaSwim.

11.4Communication

Clients and Instructors may not use any channel to arrange lessons or payment outside the platform.

11.5Instructors

Instructors agree, in their agreement with InstaSwim, not to offer lessons outside the platform to Clients they met through InstaSwim, during their time on the platform and for twelve months afterward.

11.6Clients

Do not ask an Instructor to work with you outside the platform.

11.7Consequences

If this Section is breached, InstaSwim may close the account involved.

11.8Placement fee

If you hire an Instructor you met through InstaSwim for lessons outside the platform during the period in 11.3, you agree to pay InstaSwim a placement fee of $500. The fee reflects InstaSwim's cost of finding and onboarding Instructors and matching them to Clients.

11.9Survival

This Section continues for the period stated in 11.3 and 11.5.

11.10Court orders

Either InstaSwim or you may ask a court for an order to stop a breach of this Section.

12.1InstaSwim's right

InstaSwim may suspend or close any Client or Instructor account at any time.

12.2Examples

Reasons include safety concerns, use of prohibited equipment, breach of supervision rules, abusive or threatening behavior, harassment, sexual misconduct, impairment, fraud, payment reversals for lessons provided, and breach of Section 11.

12.3No right to access

Access to the platform is not a right.

12.4Unused lessons

If InstaSwim closes a Client account because of a serious breach of these Terms, unused lessons are forfeited. If InstaSwim closes a Client account for any other reason, unused paid lessons are refunded under Section 9.6.

12.5Safety

InstaSwim may act immediately where it believes a person or a lesson location presents a safety risk.

12.6No liability for removal

To the extent the law allows, InstaSwim is not liable for lost income or opportunity resulting from a suspension or closure.

12.7Records

InstaSwim keeps records as described in the Privacy Policy and may share them with law enforcement, insurers and legal advisers where appropriate.

12.8What continues

Sections 5, 11, 13, 16 and 17 continue after an account closes.

12.9Reserved

Please read this Section carefully. It affects how disputes between you and InstaSwim are resolved.

13.1Talk to us first

If you have a dispute with InstaSwim, email support@instaswimusa.com and describe it. We will try to resolve it within 30 days. InstaSwim will do the same before starting any proceeding against you.

13.2Agreement to arbitrate

If the dispute is not resolved, you and InstaSwim agree that it will be decided by binding individual arbitration and not in court, except as this Section says. This covers any dispute arising from these Terms, the Liability Waiver, the platform or any lesson, including a claim for injury to you or to a Participant you booked for. You and InstaSwim each give up the right to a trial by jury.

13.3Individual claims only

Claims may be brought only on an individual basis and not as a class, collective or representative action. The arbitrator may not combine more than one person's claims without the agreement of everyone involved.

13.4Rules

The arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator decides all issues, except that a court decides whether 13.3 can be enforced.

13.5Where

The hearing takes place in the county where you live, or by video or phone, as you choose.

13.6Fees

Arbitration fees are paid as the AAA Consumer Arbitration Rules provide. Each side pays its own attorney's fees unless the law or the arbitrator provides otherwise.

13.7Small claims

Either you or InstaSwim may bring an individual claim in small claims court instead of arbitration.

13.8Other exceptions, for both sides

Either you or InstaSwim may ask a court for an order to stop infringement of intellectual property or a breach of Section 11. A claim of sexual assault or sexual harassment may be brought in court if the person bringing it chooses.

13.9Governing law

New Jersey law governs these Terms, and the Federal Arbitration Act governs this Section. This does not take away any consumer protection that the law of your home state gives you and that cannot be waived.

13.10If part of this Section cannot be enforced

If 13.3 cannot be enforced for a particular claim, that claim goes to court and the rest stays in arbitration. Otherwise, any part that cannot be enforced is removed and the rest stays in effect.

13.11Your right to opt out

You may opt out of arbitration by emailing support@instaswimusa.com with your name and the words "arbitration opt out" within 30 days after you first accept these Terms. Opting out does not affect your bookings.

13.12Many similar claims

If 25 or more similar claims are brought against InstaSwim by the same or coordinated lawyers, they are handled in batches under the AAA's rules for multiple case filings.

14.1The platform

The InstaSwim website, software and systems belong to InstaSwim.

14.2InstaSwim content

The text, logos, design, images and other content on the platform belong to InstaSwim or its licensors.

14.3Your license

You may use the platform for its intended purpose. You may not resell it, scrape it, or use bots on it.

14.4Prohibited uses

You may not copy platform content, collect Instructor or Client information, or use InstaSwim's name or branding without written consent.

14.5Content you submit

When you submit content, such as a profile, review or message, you give InstaSwim a non-exclusive, royalty-free license to use it to operate the platform, including showing Instructor profiles to Clients.

14.6Marketing use

InstaSwim may use a review you leave, with your first name and your city or region, in its marketing unless you ask us in writing not to. InstaSwim will not use an Instructor's photo or likeness in marketing without the Instructor's written consent. InstaSwim will not use a photo, video or the full name of a minor in public marketing without the explicit written consent of the parent or legal guardian.

14.7No endorsement

Showing a profile or a review is not an endorsement by InstaSwim.

14.8Feedback

InstaSwim may use suggestions you send without owing you anything.

14.9Enforcement

InstaSwim may remove content that infringes and close accounts that misuse the platform.

14.10Survival

This Section continues after your account closes.

15.1Privacy Policy

The InstaSwim Privacy Policy explains what information we collect, how we use and share it, how long we keep it, and your choices. It is part of these Terms.

15.2Text messages

Text messages from InstaSwim are optional. You receive them only if you opt in, opting in is not a condition of booking, and you can stop them at any time by replying STOP. The text message terms are in the Privacy Policy.

15.3Emails and calls

We send emails and may call about your booking, invoices, lessons and safety. You can unsubscribe from marketing emails at any time.

15.4Account security

Keep your login details private and tell us if you believe someone else has used your account.

15.5 to 15.12Reserved

16.1Clients

Section 5.4 sets out the Client's indemnity.

16.2Instructors

An Instructor's indemnity is set out in the Instructor's agreement with InstaSwim.

16.3Process

The party asking for indemnity will tell the other promptly about the claim and will not settle it at the other's expense without consulting them.

16.4 to 16.7Reserved

17.1Instructors

InstaSwim does not provide lessons or supervise them. To the fullest extent the law allows, InstaSwim is not liable for the acts or omissions of an Instructor.

17.2Pools and property

InstaSwim is not responsible for the condition of any pool or property.

17.3Other people

InstaSwim is not liable for the acts of property owners, facility staff, guests or other third parties.

17.4The platform

InstaSwim is not liable for interruptions, delays or errors in the website, email or payment processing.

17.5Cap for non-injury claims

For claims other than bodily injury or death, InstaSwim's total liability to you will not be more than the greater of what you paid InstaSwim in the twelve months before the claim arose and $500. Claims for bodily injury or death are governed by Section 5 and the Liability Waiver.

17.6Indirect losses

For claims other than bodily injury or death, InstaSwim is not liable for indirect or consequential losses or lost profits.

17.7Unknown claims

An injury may be more serious than it first appears. The release in Section 5 applies to losses you do not yet know about.

17.8Limits of these limits

Nothing in this Section or Section 5 limits liability for gross negligence, recklessness, intentional misconduct, or any liability that the law that applies to you, including New Jersey law, does not allow to be limited.

17.9Survival

This Section continues after your account closes.

18.1No lifeguard

InstaSwim does not provide lifeguards, and Instructors are not acting as lifeguards. A lesson is not a substitute for supervision around water.

18.2Supervising Adult required for minors

A Supervising Adult must be present for every lesson with a minor, for the whole lesson, at the pool, and able to see the Participant at all times. A minor may not be dropped off or left alone with the Instructor at any time. If a Supervising Adult is not present, the lesson does not start or is stopped, and it is a no-show under Section 10.3.

18.3Participants under 3

Section 1.4 applies. An Instructor may also ask a Supervising Adult to enter the water for an older Participant when the Instructor believes safety calls for it.

18.4No medical monitoring

InstaSwim does not perform medical screening or monitor medical conditions. Section 4.3 applies.

18.5Breath-holding

Breath-holding contests, hyperventilation before going under, and timed underwater challenges are prohibited.

18.6Pools only

Lessons may not be held in an ocean, lake, river, pond, canal or other natural body of water.

18.7Recording

InstaSwim does not install or operate any camera at a lesson location. You may record lessons of your own Participant for personal use. Please tell the Instructor that you may record.

18.8No assured results

You are buying instructional time. InstaSwim cannot assure you of any skill, confidence or level of water safety.

18.9Emotional responses

Crying, fear and distress are common, especially in young children and first-time swimmers.

18.10Outside lessons

Lessons do not make a Participant safe in water. InstaSwim is not responsible for swimming outside lessons.

18.11Property hazards

You are responsible for finding and fixing hazards at the location. Instructors do not carry out property inspections.

18.12Water quality

You are responsible for water quality and pool chemicals.

18.13Electrical and pool equipment

You are responsible for pumps, heaters, lighting and electrical equipment.

18.14Weather and environment

You accept the risks of heat, sun, air quality and weather.

18.15Safety equipment

InstaSwim does not supply rescue or safety equipment.

18.16Access routes

Keep walkways, stairs and gates safe and secured.

18.17Property owner's duty

The property owner is responsible for the safety of the premises.

18.18Other people at the location

Only registered Participants, and a Supervising Adult where these Terms require one in the water, may be in the pool during a lesson. You are responsible for all other children, guests and bystanders.

18.19Breach

If this Section is not followed, the Instructor may stop the lesson and Section 10.10 applies.

18.20Survival

This Section continues after your account closes.

19.1Risk

One-on-one instruction of children in private settings carries a risk of inappropriate conduct that no platform can remove.

19.2Independent Instructors

InstaSwim is not present at lessons and does not monitor interactions between Instructors and Participants.

19.3No assurance about any person

No background check or other screening can assure anyone how a person will behave. InstaSwim makes no statement about the character or history of any Instructor.

19.4Your presence is the main protection

Section 18.2 applies to every lesson with a minor. Stay where you can see your child for the whole lesson.

19.5Zero tolerance

Sexual misconduct, grooming behavior, inappropriate communication and boundary violations by an Instructor are prohibited. InstaSwim will suspend an Instructor immediately on receiving an allegation and may report to the authorities.

19.6Reporting

If anything concerns you, stop the lesson and tell InstaSwim right away. If you believe a child has been harmed, contact the police. InstaSwim keeps reports of this kind indefinitely.

19.7Responsibility

A person who commits misconduct is responsible for it. To the extent the law allows, and subject to Section 5.3, InstaSwim is not liable for the intentional misconduct of an Instructor or other third party.

19.8Mandatory reporting

Nothing in these Terms limits anyone's duties under mandatory reporting laws.

19.9Survival

This Section continues after your account closes.

20.1Screening provider

InstaSwim requires Instructors to authorize a background check run by an independent screening company before they receive Client details.

20.2How matching works

InstaSwim uses automated tools to send each booking request to independent Instructors who may be able to take it. The tools consider practical factors, which may include distance from the lesson location, an Instructor's stated availability and service area, completion of administrative onboarding steps, preferences you have stated, experience the Instructor has self-reported, and prior activity on the platform, such as an earlier match with your family or your request not to be matched with a particular Instructor. Instructors decide for themselves whether to accept. Sending an offer, or the order in which offers are sent, is not a recommendation or endorsement of any Instructor and is not an assessment of any Instructor's skill, character or suitability.

20.3What a check may include

Depending on location and what the law allows, a check may include a national criminal database search, a sex offender registry search, a watchlist search, an identity trace and county court records. Not all records are available everywhere.

20.4Not continuous

A background check reflects what was available on the day it was run. InstaSwim is not required to re-check at any interval.

20.5No assurance

A background check is not an assurance of safety and does not predict behavior.

20.6Limits of records

Reports may not include juvenile, sealed, expunged, international or very recent records.

20.7Claims about screening

To the extent the law allows, and subject to Section 5.3, the release in Section 5 includes claims that InstaSwim was negligent in screening or in sending your request to a particular Instructor.

20.8Supervision still applies

Section 18.2 applies whatever screening has taken place.

20.9Survival

This Section continues after your account closes.

21.1Your responsibility

You are responsible for every animal at the lesson location.

21.2Keep animals away

All animals must be secured away from the pool, the pool deck and the Instructor's way in and out, whatever their size or temperament.

21.3No exceptions for friendly animals

A lesson can startle an animal that has never caused trouble before.

21.4Instructor's right to stop

An Instructor may decline or stop a lesson because of an animal. Section 10.10 applies.

21.5Liability

You are responsible for any injury or damage caused by an animal at the location.

21.6Service animals

Nothing here limits the lawful use of a service animal, which must remain under control.

21.7Reserved

22.1The documents

These Terms, the Liability Waiver and the Privacy Policy together govern a Client's use of InstaSwim. If they differ: the Liability Waiver controls on assumption of risk and release; the Privacy Policy controls on personal information and text messages; Section 13 of these Terms controls on how disputes are resolved; and these Terms control on everything else.

22.2Changes

Section 1.5 applies.

22.3Transfer

InstaSwim may transfer its rights under these Terms to a successor. You may not transfer yours without our consent.

22.4Relationship

Nothing in these Terms creates a partnership, employment or agency between InstaSwim and any user.

22.5No waiver

If we do not enforce a term once, we may still enforce it later.

22.6If part cannot be enforced

That part is changed only as much as needed to make it enforceable, and the rest stays in effect.

22.7Events outside our control

InstaSwim is not responsible for a failure caused by events outside its reasonable control.

22.8Electronic records

You agree to receive notices and agreements electronically, and that your electronic acceptance has the same effect as a signature.

22.9Headings

Headings are for convenience only.

22.10Survival

Terms that by their nature should continue after your account closes do so.

22.11Contact

InstaSwim Support: support@instaswimusa.com · 888-610-2656 · https://instaswimusa.com