Midwest Survival Swim, LLC

Effective Date: August 12, 2026

Last Updated: August 12, 2026

Welcome to Midwest Survival Swim. These Terms of Service ("Terms") govern your access to and use of the website located at https://midwestsurvivalswim.com (the "Site") and the survival swim instruction services offered by Midwest Survival Swim, LLC ("Midwest Survival Swim," "we," "us," or "our"). By accessing the Site, submitting the waitlist or contact form, enrolling a child in lessons, or otherwise interacting with our services, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.

Midwest Survival Swim, LLC is an Illinois limited liability company providing survival swim instruction for infants and children. Our registered business address is 140 Venita Dr, O'Fallon, IL 62269. You may contact us at Jess.loftus@midwestsurvivalswim.com or (618) 515-5833.

To enroll a child in lessons, you must be the child's parent or legal guardian, or have the express authorization of the parent or legal guardian. You must be at least 18 years of age to enroll a child or enter into these Terms.

You agree to provide accurate, current, and complete information when submitting the waitlist form, completing enrollment paperwork, or otherwise communicating with us. You are responsible for keeping your contact information current, including your phone number, email address, and emergency contact information.

A non-refundable family registration fee is due at enrollment. Lesson pricing is communicated at the time of enrollment. Billing is processed monthly unless otherwise agreed in writing.

Lesson schedules, frequency, and program length are determined by Midwest Survival Swim based on the child's age, ability, and rate of progress. We reserve the right to adjust schedules, instructors, or pool locations as operational needs require, including for facility closures, maintenance, weather, water quality, or instructor availability.

To pause or end lessons, you must submit written notice by email to Jess.loftus@midwestsurvivalswim.com at least thirty (30) days in advance. Verbal notice, missed lessons, and stopped payments do not constitute notice of cancellation.

Survival swim instruction depends on consistent attendance. Your lesson time is reserved exclusively for your child.

Midwest Survival Swim does not offer refunds or credits for registration fees or for lessons missed due to illness, vacation, scheduling conflicts, or non-attendance. Once a lesson spot is reserved, it is considered sold and is no longer available to another family. Missed lessons are not refundable except where required by applicable law.

If we cancel a lesson for reasons within our control, we will make reasonable efforts to offer a makeup lesson subject to availability.

By providing your phone number through the waitlist or enrollment form on our Site and checking the consent checkbox, you expressly consent to receive SMS text messages from Midwest Survival Swim, LLC about lesson scheduling, appointment reminders, waitlist position updates, payment receipts, facility or weather closures, and program information.

• Message frequency varies.
• Message and data rates may apply.
• Reply STOP to any message to opt out at any time.
• Reply HELP for assistance.

Your mobile phone number and SMS opt-in data will not be shared with third parties or affiliates for marketing or promotional purposes. Consent to receive SMS messages is not a condition of enrollment or purchase. For full details, see our Privacy Policy.

Carriers are not liable for delayed or undelivered messages. By providing your phone number and consenting to SMS communications, you represent that you are at least 18 years of age and are the account holder of the mobile phone number provided, or have the authority of the account holder to consent to receive SMS messages.

Survival swim instruction involves physical activity in and around water and carries inherent risks, including but not limited to drowning, near-drowning, injury, illness, and exposure to waterborne contaminants.

By enrolling a child in lessons, you acknowledge these risks and agree that you, on behalf of yourself and your child, knowingly and voluntarily assume them.

You represent that your child has no medical condition that would make participation unsafe, or that you have disclosed any such condition to Midwest Survival Swim in writing prior to the first lesson. You agree to promptly notify us in writing of any change in your child's health, including illness, injury, ear tubes, seizures, allergies, or recent surgery.

You agree to follow all safety instructions, pool rules, facility rules, and instructor directions at all times, and to remain on site and attentive during your child's lesson unless we direct otherwise.

This section does not replace the separate liability waiver you sign at enrollment. In the event of a conflict between these Terms and a signed waiver or enrollment agreement, the signed document controls.

From time to time, Midwest Survival Swim may photograph or record video of lessons for instructional review, safety documentation, or promotional and social media purposes.

We will not use any image or recording of your child in public-facing marketing or social media without your prior written consent, which you may grant or decline during enrollment. If you grant consent, you also grant Midwest Survival Swim a non-exclusive, royalty-free license to use those images and recordings for those purposes. You may withdraw consent at any time by written notice to Jess.loftus@midwestsurvivalswim.com, and we will remove the material from any channel we control going forward. We are not able to retrieve material that has already been shared, downloaded, or reposted by third parties.

Customers and guests may not photograph or record other families' children at our lesson locations.

Midwest Survival Swim reserves the right to refuse service, cancel a child's enrollment, or remove any person from the premises for behavior that is unsafe, disruptive, abusive toward staff or other families, or otherwise inconsistent with a positive and safe learning environment. In such cases, no refunds will be issued.

All content on the Site, including text, images, video, logos, and course materials, is the property of Midwest Survival Swim, LLC or its licensors and is protected by United States and international copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works of this content without prior written permission.

The Site and our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Midwest Survival Swim disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Midwest Survival Swim does not guarantee that any child will achieve any specific outcome, including the ability to swim, float, roll, or survive a water emergency. Survival swim skills are a tool to reduce risk, not a substitute for active adult supervision, barriers, and layers of protection around water. No child is ever "drown-proof."

To the fullest extent permitted by law, Midwest Survival Swim, its members, employees, instructors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site or our services. Our total aggregate liability for any claim arising under these Terms shall not exceed the amount you paid to Midwest Survival Swim in the twelve (12) months preceding the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Midwest Survival Swim, LLC, its members, employees, instructors, and affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of the Site or our services, or any injury or damage caused by you, your child, or your guests at our lesson locations.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or our services shall be resolved in the state or federal courts located in St. Clair County, Illinois, and you consent to the exclusive jurisdiction of those courts.

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and any enrollment agreement or waiver you sign, constitute the entire agreement between you and Midwest Survival Swim regarding the Site and our services.

We may update these Terms from time to time. The "Last Updated" date at the top of this page reflects the date of the most recent revision. Continued use of the Site or our services after changes are posted constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to provide notice by email or SMS.

Questions about these Terms? Contact us at:

Midwest Survival Swim, LLC140 Venita Dr O'Fallon, IL 62269

Email: Jess.loftus@midwestsurvivalswim.com Phone: (618) 515-5833