Policies Informed Consent, Assumption of Risk, Release and Indemnity v2 1. WHO THIS AGREEMENT COVERS
In this agreement, "TayyebiSwims" means TayyebiSwims LLC together with its owners, members, officers, employees, independent-contractor instructors, agents, and insurers. "Participant" means each student enrolled under my account. "I", "me", and "my" mean the parent or legal guardian signing below.
I confirm that I am at least 18 years old, that I am the parent or legal guardian of each Participant, and that I have legal authority to sign this agreement on their behalf.
2. WHAT SWIM INSTRUCTION INVOLVES
TayyebiSwims provides private and semi-private swim instruction at pools that the family selects and provides. Instruction is hands-on. The instructor will physically support, hold, guide, and reposition the Participant in the water, and will ask the Participant to submerge, float, roll, breathe, and move independently in water deeper than the Participant can stand in.
3. TAYYEBISWIMS IS NOT LICENSED BY THE STATE
TayyebiSwims is a swim instruction program, not a child-care facility. It is not licensed, inspected, or certified by the State of Texas or by any other state or local agency.
Texas does not require a child-care license for a program whose primary purpose is teaching a skill, which is what swim instruction is. That means no government agency reviews or approves our instructors, our curriculum, our safety practices, or the pools where lessons take place.
I understand that I am choosing this program on my own judgment, and that the physical risks described below are risks no agency has evaluated on my behalf.
4. THE RISKS I ACCEPT
Swimming and swim instruction are inherently dangerous. Some risks cannot be eliminated by any amount of care, skill, equipment, or supervision. They include, without limitation:
- drowning and non-fatal drowning;
- delayed respiratory distress following a submersion event;
- hypoxia, brain injury, and permanent neurological damage;
- loss of consciousness from breath-holding;
- cardiac events, seizures, and fainting in or near the water;
- head, neck, and spinal injury, including from diving, jumping, or striking the pool floor, wall, step, ladder, or deck;
- slips, trips, and falls on wet surfaces;
- suction entrapment at drains, grates, and skimmers;
- ear, eye, sinus, skin, and respiratory irritation or infection;
- exposure to pool chemicals and chloramines;
- recreational water illness from organisms that survive in treated water;
- heat illness, hypothermia, sunburn, and insect or animal exposure;
- aggravation of a pre-existing medical condition;
- injury caused by the act or omission of another person, including the Participant, another swimmer, a household member, or the instructor.
I understand this list is not complete and that other risks exist, both known and unknown.
5. NO PERSON IS EVER DROWN-PROOF
I understand that swim instruction reduces risk but does not eliminate it. No lesson, no skill, no milestone, and no amount of progress makes any person drown-proof or water-safe. Capable swimmers of every age drown. Close, constant, undistracted adult supervision and physical barriers around water remain necessary at all times.
TayyebiSwims makes no promise, representation, or guarantee that a Participant will reach any particular skill level, will be able to save themselves in an emergency, or will be safe in or near water.
6. HEALTH DISCLOSURE
I confirm that each Participant is physically and mentally able to take part in swim instruction. I have disclosed in the Participant record every allergy, medication, medical condition, disability, sensory or behavioral consideration, prior water incident, and physical limitation relevant to safety in the water, and I will update that record promptly whenever anything changes.
I understand that TayyebiSwims relies entirely on what I disclose, is not a medical provider, does not evaluate fitness to swim, and does not administer medication.
7. EMERGENCY MEDICAL AUTHORIZATION
If a Participant is injured or becomes ill and I cannot be reached immediately, I authorize TayyebiSwims to summon emergency medical services and to consent on my behalf to emergency examination, treatment, and transport. I am responsible for all resulting medical, ambulance, and hospital charges.
8. ASSUMPTION OF RISK
KNOWING AND UNDERSTANDING THE RISKS DESCRIBED ABOVE, I VOLUNTARILY AND EXPRESSLY ASSUME ALL RISK OF INJURY, ILLNESS, DISABILITY, DEATH, AND PROPERTY LOSS ARISING OUT OF OR RELATED TO SWIM INSTRUCTION PROVIDED BY TAYYEBISWIMS, WHETHER THAT RISK IS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND WHETHER OR NOT IT ARISES FROM THE NEGLIGENCE OF TAYYEBISWIMS.
9. RELEASE OF LIABILITY, INCLUDING FOR NEGLIGENCE
ON BEHALF OF MYSELF, MY SPOUSE, MY HEIRS, MY ASSIGNS, AND MY ESTATE, I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE TAYYEBISWIMS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, AND EXPENSES OF EVERY KIND, INCLUDING ATTORNEYS' FEES AND COURT COSTS, THAT I NOW HAVE OR MAY EVER HAVE ARISING OUT OF OR RELATED TO SWIM INSTRUCTION, INCLUDING ANY CLAIM OF MY OWN FOR MEDICAL EXPENSES, LOSS OF SERVICES, LOSS OF CONSORTIUM, OR MENTAL ANGUISH ARISING FROM INJURY TO A PARTICIPANT.
I SPECIFICALLY INTEND THIS RELEASE TO COVER CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF TAYYEBISWIMS, INCLUDING NEGLIGENT INSTRUCTION, NEGLIGENT SUPERVISION, NEGLIGENT HIRING, TRAINING, OR RETENTION, AND NEGLIGENT RESPONSE TO AN EMERGENCY.
THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONAL WRONGDOING.
10. COVENANT NOT TO SUE AND INDEMNITY
I UNDERSTAND THAT TEXAS LAW MAY NOT PERMIT A PARENT TO RELEASE A MINOR CHILD'S OWN CLAIMS. I THEREFORE AGREE THAT I WILL NOT BRING, PROSECUTE, OR VOLUNTARILY ASSIST ANY CLAIM OR LAWSUIT AGAINST TAYYEBISWIMS ON A PARTICIPANT'S BEHALF.
I AGREE TO INDEMNIFY, DEFEND, AND HOLD TAYYEBISWIMS HARMLESS FROM ANY CLAIM BROUGHT BY OR ON BEHALF OF A PARTICIPANT, BY ANY OTHER PARENT OR GUARDIAN, OR BY ANY THIRD PARTY, ARISING OUT OF OR RELATED TO SWIM INSTRUCTION, INCLUDING ANY CLAIM CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF TAYYEBISWIMS. THIS INDEMNITY COVERS THE COST OF DEFENSE, ATTORNEYS' FEES, EXPERT FEES, COURT COSTS, SETTLEMENTS, AND JUDGMENTS.
11. INSURANCE
TayyebiSwims carries liability insurance for its own operations. That policy is not health, accident, or medical-payments coverage for a Participant, and I will not rely on it as such. I am responsible for maintaining health coverage for each Participant, or for accepting the consequences of not doing so.
12. GENERAL TERMS
This agreement is governed by the laws of the State of Texas, and exclusive venue for any dispute lies in Harris County, Texas. If any provision is held unenforceable, every remaining provision stays in full force, and the unenforceable provision will be enforced to the greatest extent the law allows.
This agreement binds my heirs, executors, administrators, and assigns. It applies to every lesson a Participant takes, including future enrollments, until a newer version is signed.
13. MY SIGNATURE
I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN IT FREELY, WITHOUT INDUCEMENT, AND WITH THE OPPORTUNITY TO ASK QUESTIONS FIRST.
Typing my name is my legal signature. My signature, the date and time, and the device and network I sign from are recorded.
I have read and agree to the Informed Consent, Assumption of Risk, Release and Indemnity.Adult Supervision and Lesson Safety Rules v1 1. AN ADULT MUST BE PRESENT FOR EVERY LESSON
TayyebiSwims does not offer drop-off lessons. For the entire lesson, a parent, legal guardian, or responsible adult over 18 whom I have designated must be:
- on the property;
- awake, sober, and not impaired;
- able to hear and be heard by the instructor; and
- able to see the pool.
If no such adult is present, the lesson will not begin, or will be stopped. A lesson stopped for this reason is forfeited and no makeup credit is issued.
2. WHAT THE INSTRUCTOR IS AND IS NOT RESPONSIBLE FOR
The instructor is responsible for the enrolled Participant, in the water, during the scheduled lesson only.
The instructor is not a lifeguard for the property. The instructor is not responsible for siblings, guests, or any other person at the location, and is not responsible for the Participant before the lesson begins or after it ends. No one other than the Participant may be in the pool during the lesson. Supervising every other person at the location remains the responsibility of the adult present.
3. PHYSICAL CONTACT DURING INSTRUCTION
Swim instruction cannot be delivered without physical contact. I consent to the instructor supporting, holding, carrying, and repositioning the Participant as instruction requires, including supporting the head, back, torso, hips, arms, and legs during floating, submersion, rolling, and stroke work.
All contact will be limited to what instruction requires and will occur in the water, in open view of the supervising adult.
4. BOUNDARIES THAT PROTECT EVERYONE
Instructors will not:
- be alone with a Participant out of view of the supervising adult;
- assist with toileting, diapering, showering, or changing clothes, which remain the adult's responsibility;
- transport a Participant in a vehicle;
- communicate privately with a minor. All scheduling and lesson communication goes to the parent or guardian.
If an instructor ever departs from these rules, I should report it to TayyebiSwims immediately.
5. REPORTING OBLIGATIONS
Texas law requires any person who suspects that a child has been abused or neglected to report it, and instructors cannot agree to keep such a concern confidential. Reports go to the Texas Abuse Hotline at 1-800-252-5400 or to law enforcement. I understand an instructor may be legally required to make a report arising from something observed during a lesson.
6. WEATHER
The instructor decides whether conditions are safe, and that decision is final.
- Thunder or lightning: the pool is cleared immediately and instruction does not resume until 30 minutes after the last thunder or strike.
- Rain heavy enough to obscure the bottom of the pool ends the lesson.
- Extreme heat, extreme cold, high winds, or poor air quality may end or shorten a lesson.
A lesson cancelled or ended by the instructor for weather earns a makeup credit.
7. THE POOL AREA BEFORE EACH LESSON
I will make sure that:
- gates and self-latching mechanisms work and are closed;
- drain covers are present, unbroken, and secured;
- pumps and heaters are operating normally and no equipment is loose in the water;
- ladders, steps, and handrails are secure;
- the deck is clear of glass, tripping hazards, and standing chemicals;
- pets are secured indoors or away from the pool area;
- a charged phone and a reaching or throwing rescue device are accessible;
- the pool area is well lit for any lesson near dusk.
8. PARTICIPANT BEHAVIOR
Running, pushing, dunking, biting, hitting, or repeatedly ignoring instructions makes the water unsafe. The instructor may pause or end a lesson for behavior. A lesson ended for behavior is forfeited. Repeated incidents may end the enrollment.
A Participant who is reluctant, crying, or unwilling to enter the water has still received the lesson. Working through fear is part of instruction.
9. RESPECT FOR INSTRUCTORS
TayyebiSwims has zero tolerance for abusive language, threats, harassment, discriminatory conduct, or unwanted advances directed at an instructor. The instructor may end the lesson immediately and leave, the lesson is forfeited, and the enrollment may be terminated without refund.
10. AT THE LESSON LOCATION
No adult supervising a lesson may be under the influence of alcohol, cannabis, or any impairing substance. Firearms must not be carried openly or left accessible in the lesson area.
11. THE INSTRUCTOR MAY STOP A LESSON AT ANY TIME
For any safety reason, at any point, without debate. I agree not to pressure an instructor to continue a lesson the instructor has ended.
I have read and agree to the Adult Supervision and Lesson Safety Rules.Pool Water Quality, Hygiene, Availability and Illness Policy v2 1. THE POOL IS YOURS TO MAINTAIN
TayyebiSwims does not own, test, treat, service, or maintain any pool where lessons take place. Water chemistry, cleanliness, and equipment are the responsibility of the family or the facility. TayyebiSwims has no duty to inspect the water and no liability for its condition.
The instructor may test the water and may decline to conduct the lesson.
2. WHEN THE WATER FAILS THE STANDARD
The lesson does not happen. Because the pool is under the family's control, a lesson lost to water quality is treated as a late cancellation: it is forfeited and no makeup credit is issued.
3. FECAL, VOMIT, OR BLOOD IN THE WATER
The lesson ends immediately.
- Formed stool or vomit: remove it, then hold free chlorine at 2 parts per million with pH between 7.2 and 7.5 for at least 30 minutes before anyone re-enters.
- Diarrhea in the water: the pool must be hyperchlorinated in accordance with current CDC guidance before lessons resume. This takes many hours and is not optional. Cryptosporidium survives normal chlorine levels for days.
- Blood: the lesson ends. Follow current CDC guidance before resuming.
I will tell TayyebiSwims if any of these occurred since the last lesson.
4. WHEN A PARTICIPANT MAY NOT SWIM
No lesson if, within the previous 24 hours, the Participant has had diarrhea, vomiting, or a fever of 100.4 degrees or higher.
No lesson while the Participant has:
- any open, draining, or uncovered wound or sore;
- active conjunctivitis;
- untreated impetigo, ringworm, or another contagious skin condition;
- an ear infection with drainage, or any condition a physician has said keeps them out of water;
- an active respiratory illness.
If diarrhea was caused by Cryptosporidium, the Participant may not swim for two weeks after symptoms stop.
5. RECREATIONAL WATER ILLNESS
Properly treated water is not sterile. Chlorine does not kill every organism instantly, and some survive for days at normal levels. Ear, eye, skin, gastrointestinal, and respiratory illness can result from swimming in any pool. I accept this risk.
6. POOL CHEMICALS
Do not shock the pool or add chemicals within four hours of a lesson, and not at all while the instructor or Participant is present. Chemicals must be stored secured and away from the deck. TayyebiSwims is not responsible for chemical exposure caused by pool treatment.
7. WHERE LESSONS ARE AND ARE NOT CONDUCTED
Lessons are not conducted in hot tubs or spas at any time — the water is too hot for children and the risk of overheating is serious. Lessons are not conducted in lakes, ponds, bayous, canals, or the Gulf.
Above-ground and portable pools are acceptable when the depth and structure allow safe instruction, at the instructor's discretion.
I have read and agree to the Pool Water Quality, Hygiene, Availability and Illness Policy.Facility, Premises and Non-Affiliation Notice v2 1. NON-AFFILIATION
TayyebiSwims is not affiliated with, endorsed by, sponsored by, approved by, or in any partnership with any pool, apartment complex, homeowners association, subdivision, country club, gym, hotel, or other facility where a lesson takes place.
An instructor being present at a facility does not mean that facility has approved, vetted, insured, or supervised TayyebiSwims, and does not create any relationship between TayyebiSwims and that facility.
2. YOU CHOOSE AND PROVIDE THE LOCATION
I select the lesson location. I warrant that I have the legal right to use it for paid instruction and to bring an instructor onto the property.
3. PERMISSION, RULES, AND FEES
I am responsible for obtaining permission, access, gate codes, keys, and guest passes, and for complying with all facility rules — including any rule requiring outside instructors to register, be approved, or provide a certificate of insurance. I will tell TayyebiSwims in advance if such a requirement exists.
If we are asked to leave a location, the lesson ends immediately and is forfeited.
4. THE CONDITION OF THE PREMISES IS NOT OURS TO CONTROL
TayyebiSwims does not own, control, inspect, maintain, or insure the premises, and has no duty to discover or correct a dangerous condition on it. Responsibility for the safety of the premises rests with me and with the owner or possessor of the property.
5. PREMISES INDEMNITY
I AGREE TO INDEMNIFY, DEFEND, AND HOLD TAYYEBISWIMS HARMLESS FROM ANY CLAIM ARISING OUT OF THE CONDITION OF THE LESSON LOCATION, OR OUT OF USE OF A FACILITY WITHOUT PROPER PERMISSION, INCLUDING CLAIMS BROUGHT BY A PROPERTY OWNER, HOMEOWNERS ASSOCIATION, APARTMENT COMPLEX, MANAGEMENT COMPANY, OR ANY OTHER THIRD PARTY, AND INCLUDING THE COST OF DEFENSE AND ATTORNEYS' FEES. THIS INDEMNITY APPLIES EVEN WHERE THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF TAYYEBISWIMS.
6. WHEN AN INSTRUCTOR WILL DECLINE A LOCATION
An instructor will not conduct a lesson where there is:
- no functioning barrier, fence, or self-latching gate around the pool;
- a missing, cracked, or unsecured drain cover;
- a broken ladder, step, or handrail;
- exposed electrical wiring, damaged lighting, or equipment loose in the water;
- no clear way to call for emergency help;
- an unsecured or aggressive animal;
- an unsafe deck surface;
- any indication we are not authorized to be there.
A lesson declined on arrival for any of these reasons is forfeited.
7. BELONGINGS AND PROPERTY
TayyebiSwims is not responsible for loss of or damage to personal belongings at a lesson location, and is not responsible for ordinary wear to pool equipment used during instruction.
8. CHANGING YOUR LESSON LOCATION MAY AFFECT YOUR RATE
Tuition is set by the pricing zone of the lesson location, not by your billing address. If lessons move to a location in a different zone, the monthly rate changes accordingly. You will be told before any change takes effect.
I have read and agree to the Facility, Premises and Non-Affiliation Notice.Payment Policy v2 1. LESSONS ARE A MONTHLY SUBSCRIPTION
Tuition is a monthly rate covering four lessons per month. It is not a per-lesson charge, and it does not vary with the number of weeks in a month.
2. WHAT SETS YOUR RATE
Your monthly rate is determined by three things: the pricing zone of your lesson location, the length of the lesson, and whether it is private or semi-private. Semi-private lessons are billed per student.
Your rate follows the lesson location, not your billing address.
3. WHEN YOU ARE CHARGED
Tuition is charged automatically to the payment method on file on the 25th of each month, for the following month. I authorize these recurring charges until I cancel in writing.
A first month that starts mid-month is prorated to the lessons remaining in that month.
When a month contains a fifth occurrence of your lesson day, that lesson is not included in the monthly rate. It is scheduled only by agreement and billed separately.
4. YOUR PAYMENT METHOD
I will keep a valid payment method on file for as long as I am enrolled. Card payments are processed by Stripe. TayyebiSwims does not store full card numbers.
5. IF A PAYMENT FAILS
You will be notified and asked to update your payment method. An account unpaid after the 5th of the month may have lessons suspended until the balance is resolved.
Suspension does not cancel your subscription, does not stop tuition from accruing, and does not generate makeup credits for missed lessons.
6. PRICE CHANGES
You will receive at least 30 days written notice before any change to your monthly rate takes effect. Continuing lessons after the effective date is acceptance of the new rate.
7. ENDING YOUR ENROLLMENT
You can end your enrollment at any time. Tell us in writing at least 15 days before the 25th, the day tuition is charged for the following month. Email hello@tayyebiswims.com, or reply to any email we have sent you.
Notice that reaches us by the 10th stops the charge on the 25th. Your enrollment ends at the end of the month you have already paid for, and you keep the lessons that month covers.
Notice after the 10th means the charge on the 25th goes through as normal. You keep every lesson that month pays for, and the enrollment ends after them. That month is not refunded.
8. NO REFUNDS
Tuition is non-refundable. Lessons you do not use become makeup credits under the Makeup and Cancellation Policy, or are forfeited under it.
9. DISPUTED CHARGES
If you believe a charge is wrong, contact TayyebiSwims first and it will be reviewed promptly. Disputing a properly authorized charge with your bank instead may result in immediate suspension of lessons, and I remain responsible for the disputed amount and any fee charged to TayyebiSwims as a result.
10. COLLECTION COSTS
I am responsible for reasonable costs of collecting any past-due balance, including collection agency fees, court costs, and attorneys' fees.
11. SEMI-PRIVATE LESSONS
Each student in a semi-private lesson is billed separately at the semi-private rate. If one student leaves, the remaining student converts to the private rate at the next billing date unless a replacement partner is arranged first.
I have read and agree to the Payment Policy.Makeup and Cancellation Policy v3 1. THE 24-HOUR RULE
A lesson cancelled at least 24 hours before its scheduled start earns a makeup credit.
A lesson cancelled with less than 24 hours notice is forfeited, and no makeup credit is issued.
2. NO-SHOWS
The instructor waits 15 minutes. If no one appears, the lesson is a no-show and is forfeited.
3. WHEN WE CANCEL, YOU ALWAYS GET A CREDIT
Instructor illness, instructor emergency, unsafe weather, or any other cancellation initiated by TayyebiSwims earns a makeup credit.
4. WHEN A LESSON IS FORFEITED
These are within the family's control, so no credit is issued:
- water that fails the standard in the Pool Water Quality, Hygiene and Illness Policy;
- no supervising adult present;
- no appropriate swim diapering;
- the instructor cannot get access to the location;
- the lesson is ended for behavior, or for conduct toward the instructor;
- the instructor is asked to leave the facility.
5. LATE ARRIVAL
A lesson ends at its scheduled end time regardless of when it starts. Time lost to a late start is not made up and the lesson counts as delivered. The only exception is when the instructor arrives late.
6. A RELUCTANT PARTICIPANT IS STILL A LESSON
If the Participant is present and the instructor is working with them, the lesson has been delivered, even if the Participant cries, refuses to enter the water, or does not complete the planned skills.
7. USING MAKEUP CREDITS
Makeup lessons are scheduled subject to instructor availability. A makeup may be a different day, time, or instructor than your regular lesson. Credits may be used by any student in your family.
Makeup credits do not expire. They have no cash value, are not refundable, and cannot be transferred to another family.
8. WEATHER
Thunder or lightning clears the pool immediately, and instruction does not resume until 30 minutes after the last thunder or strike. A lesson lost to weather earns a makeup credit.
I have read and agree to the Makeup and Cancellation Policy.Contact and Communications Consent v1 1. HOW WE REACH YOU ABOUT LESSONS
You give TayyebiSwims permission to contact you by email, text message, and phone about your lessons. That includes scheduling and schedule changes, which instructor is coming, weather and pool closures, safety notices, invoices, payments, and anything else needed to deliver the lessons you signed up for.
These messages are how the lessons run, so they continue for as long as you are enrolled.
2. THE ADDRESS AND NUMBER YOU GIVE US
We use the email address and mobile number on your registration. Tell us when either one changes. TayyebiSwims is not responsible for a lesson change you did not hear about because we were writing to an address you no longer read.
3. NEWS AND PROMOTIONS
TayyebiSwims may also send you occasional email about seasonal openings, promotions, and news.
Every one of those emails carries an unsubscribe link. Unsubscribing stops the promotional email only — the messages in section 1 keep coming, because without them we cannot tell you that a lesson moved.
4. TEXT MESSAGES
Message and data rates may apply. Reply STOP to any text message to stop texts. Lesson and billing messages will then reach you by email instead.
5. WE DO NOT SELL YOUR INFORMATION
TayyebiSwims does not sell, rent, or trade your email address or phone number.
6. RECORD OF THIS AGREEMENT
The date, time, and device you sign from are recorded with your signature.
I have read and agree to the Contact and Communications Consent.Photo and Video Consent v2 · optional 1. THIS ONE IS OPTIONAL
You may decline any part of this consent. Declining has no effect on your lessons, your rate, or your scheduling, and it has no effect on how we contact you — that is covered by the Contact and Communications Consent.
2. PHOTOS AND VIDEO OF YOUR CHILD
If you agree, you give TayyebiSwims permission to photograph and record Participants during lessons and to use those images to promote the business — on its website, social media accounts, business listings, and advertising.
No payment is due to you for this use. TayyebiSwims will not publish a Participant's last name, home address, or lesson location alongside their image without asking you separately.
You may withdraw this permission at any time by writing to us. Withdrawal applies going forward; material already printed or already distributed cannot be recalled.
3. YOUR OWN RECORDINGS
You are welcome to photograph and record your own child during a lesson for personal use.
Please ask before recording in a way that includes the instructor, and do not publish an instructor's image or voice publicly without their permission. Instructors may decline to appear on camera.
I have read and agree to the Photo and Video Consent.