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Miller Swim School
Terms and Conditions

It is critical that you understand the Terms and Conditions of the Miller Swim School system (“Miller”) to ensure each student has a safe and rewarding experience when learning to swim. These Terms and Conditions must be acknowledged and signed prior to the student participating in any Miller program. Students will not be allowed to participate until completed.

Class Enrollment

The vast majority of our small group, semi-private or private lessons are 30 minutes in length, one day per week. Classes are held at the same time and day of the week during each week of ongoing swim lessons. Miller does offer other lesson formats to address our various customer requirements. Please note the class description for each lesson format before you enroll.

There are no registration deadlines. You may sign up for classes via the customer portal at any time, over the phone, by text, or through email. Classes are subject to availability as solely determined by the Miller location for which they have been registered. While you can sign up in advance of any payment, enrollment in any Miller program requires payment of the Annual Service and is only complete when valid payment has been made in person or through our secure customer portal, and you have received an email confirmation. Students will not be able to attend any classes until enrollment is completed pursuant to the preceding sentence.

Methods of Payment

Payment must be received by the time of the student's first lesson, or they may be withdrawn from classes until payment is received. Electronic payments are the only payment methods accepted by Miller. Electronic payments include credit cards, debit cards and electronic check. Checks and cash are not accepted. You are responsible for making sure your method of payment remains current and valid. In the event your method of payment lapses for any reason, and we are unable to collect payment from you, your student(s) may be withdrawn from classes at the sole determination of Miller. In some cases, third-party payment arrangements will be accepted (see “Tuition and Annual Service Fee Paid by Third-Party” below).

Fees and Tuition:

  1. Annual Service Fee:
  • An annual service fee must be paid by you for each student when such student is enrolled for any Miller program regardless of the length of the program.
  • Each year thereafter, the annual service fee will be automatically charged to your payment method on file during the month preceding your registration anniversary and is not refundable or transferable for any reason.
  • Until you notify us of your desire to withdraw your student from classes in accordance with the Miller policy (see “Dropping Enrollment” below), you agree to automatic recurring billing of the annual service fee.
  • The amount of the annual service fee varies by location and is subject to change. The current annual service fee is listed on each location’s website on the pricing and promotion page. The annual service fee cannot be transferred to another Miller location.
  • If a student withdraws from lessons, and returns after their anniversary date, the annual service fee will be charged at the time of enrollment.

For example, if you enroll your student in February, and the student remains enrolled all year, the next annual service fee will be charged on January 25th.

  1. Tuition:
  • Ongoing swim lessons: Your payment method will be charged for the first month’s tuition and an annual service fee at the time of enrollment. The amount of tuition for the first month will be prorated based on the number of available classes remaining in that particular month. Until you notify Miller of your desire to withdraw your student from classes in accordance with the Miller policy (see “Dropping Enrollment” below), you agree to monthly, automatic recurring billing of tuition. The monthly amounts of tuition may vary based on the number of weeks in each respective calendar month. Ongoing swim lesson tuition will be billed on the 25th day of the month preceding the calendar month in which the classes will be held. For example, if you enroll your student in January, you will be charged the tuition and fees for January at the time of enrollment, and then you will be charged on January 25th for the tuition and fees corresponding to classes held in February. Tuition rates may differ according to location, day and/or time of the lessons provided.
  • Promotional bundles, punch passes, camps (SwimJams), appointments, or clinics: When you enroll your student for classes as part of promotional bundles, punch pass, camp (SwimJams), appointment, or clinics, you will be charged the full amount of the tuition for such program plus an annual service fee.
  1. Tuition and Annual Service Fee Paid by Third-Party
  2. Electronic Check Insufficient Funds Fee Policy
  3. Refund Policy:
    All registration fees, tuition, and other fees paid to Miller Swim School are non-refundable, except as expressly required by applicable law.
  4. Fails to comply with Miller policies, procedures, safety rules, and payment obligations; or
  5. Engages in behavior that is disruptive, unsafe, abusive, or otherwise inconsistent with the standards of our program; or
  6. Refuses to follow staff direction related to facility, instructional, or safety protocols.

Tuition and the annual service fee for any program may be paid on behalf of a student by a third-party (i.e., someone who is not a parent or guardian of the student). Any third-party payer must execute a third-party payer agreement and provide his or her credit card or electronic check information. Such credit card or electronic check information will be used to bill the third-party payer for the duration of any swim lesson program in which the student is enrolled, unless the third-party payer instructs otherwise. In the event the third-party payer fails or refuses to pay any amounts due for lessons provided to the student, the customer who originally enrolled the student for swim lessons will be responsible for any unpaid tuition and annual service fee payments due to Miller.

 

In the event an electronic check is returned or declined due to insufficient funds, an administrative fee of $10.00 will be assessed to the account holder. The account holder is responsible for ensuring sufficient funds are available in the account to cover all payments. Repeated instances of insufficient funds may result in further action, including but not limited to cancelling the participant’s enrollment in swim lessons.

Dropping Enrollment

To request a drop for a student from lessons under any program, log into your account via the customer portal on the Miller website (www.millerswimschool.com) and complete the drop enrollment option for your student. You may also submit a drop request in person, over the phone, by text, or through email. The drop is complete and the student is “withdrawn” from enrollment only when confirmation is received via an email. Confirmations are sent from “[location email]@ses.iclasspro.com”. Customers are responsible for ensuring that this email address is not blocked, filtered, or routed to spam/junk folders.

If you do not receive a confirmation email within 48 hours of submitting your drop request, it is the customer’s responsibility to contact the school to verify that the drop request has been received.

You must submit a drop request at least thirty (30) days prior to your intent to drop from monthly swim lessons. The cancellation will be effective upon the thirty-first (31st) day after receiving receipt of proper notification (the “Drop Date”). All monthly tuition must be paid through the Drop Date and will be prorated according to the date.

Dropping Appointments (at participating locations only)

Appointments are one-off or recurring private or semi-private lessons with a specific instructor. Appointments can be canceled or rescheduled with no penalty up to 48 hours before the scheduled appointment time. Canceling or rescheduling an appointment after that time may result in a cancellation fee being charged for the original appointment booking. Cancellation fees vary by location.

Makeup Lessons

Monthly Make-Up Token Limit
Students may be eligible to receive up to two (2) make-up tokens per calendar month total, regardless of reason, including make-up tokens issued due to student absences and/or facility closures combined. Once a student has received two (2) make-up tokens in a calendar month, no additional make-up tokens will be issued for any reason during that month.

Make-Up Tokens Due to Facility Closure

In the event a Miller Swim School facility is closed due to inclement weather, maintenance, or another operational reason, Miller may, at its sole discretion, offer a make-up token at that particular Miller location.

Any make-up token issued as a result of a facility closure must be scheduled and completed within sixty (60) days of the originally scheduled (missed) class and is subject to instructor and class availability, as solely determined by Miller.

Make-up tokens issued due to facility closures are only valid while the student is actively enrolled in a class or program at the Miller location at which the make-up token was issued. Make-up tokens may not be transferred to another student or to another Miller location and have no cash value.

If a make-up token is not offered for a facility closure, Miller may, at its discretion, issue a credit to the student’s account. Any such credit may only be applied toward future tuition and fees at the Miller location at which it was issued, is non-transferable, and may not be converted to cash. Unless otherwise stated, credits issued due to facility closures shall expire one (1) year from the date they are applied to the student’s account.

Make-Up Tokens Due to Student Absence

Any make-up tokens issued due to a student absence must be scheduled and completed within thirty (30) days from the date of the original absence and are subject to instructor and class availability at the location where the original lesson occurred, as solely determined by Miller.

If a student fails to attend a scheduled make-up lesson, for any reason, the make-up token shall be deemed used, and no additional make-up token or credit will be issued. A student’s right to a make-up token may not be transferred to any other student or location. Make-up tokens issued due to student absences are only valid while the student is actively enrolled in a class or program.

Pause Program

If a student’s enrollment is placed on a pause or suspension, any make-up tokens associated with the student’s account shall retain their original expiration dates. Participation in a pause program does not extend, restart, or otherwise modify the expiration period of any make-up token, regardless of when the pause is applied. All make-up tokens shall expire based on the type of make-up token issued and the date of the originally missed lesson.

General Limitations

All make-up tokens are non-transferable, have no cash value, and may not be applied as tuition credit unless expressly stated herein. Upon cancellation or termination of a student’s enrollment for any reason, all unused make-up tokens shall immediately expire without refund or credit.

Make-up lessons are offered solely in connection with active enrollment in recurring weekly class programs. SwimJams, camps, specialty programs, clinics, workshops, promotional events, and single-session enrollments are expressly excluded from make-up token eligibility. No make-up lesson, token, credit, or refund shall be issued for absences related to these excluded programs unless otherwise required by applicable law.

Miller reserves the right to modify or discontinue make-up lesson offerings at any time, subject to applicable law.

Instructor and Lesson Changes

While Miller does its best to accommodate requests for students to have specific instructors, it cannot guarantee such requests will be granted. Instructor substitutions, schedule modifications, and other changes can and will occur at the sole discretion of any Miller location. If a lesson is not booked to capacity, every Miller location reserves the right, based on its sole determination, to combine enrollment for various lessons in order to fill such lessons, to cancel lessons, or to change the date, time, instructor or level of any lesson at any time.

 

Camps (SwimJams) (at participating locations only)

Camps, also referred to as SwimJams, are sessions that span one (1) to three (3) weeks and include 30-60 minute lessons which meet multiple times each week. Session dates, session durations, and pricing for SwimJams vary by location.

 

S.A.F.E.R. Swimmer Promise (SSP)

The S.A.F.E.R. Swimmer Promise (“SSP Program”) is a program where students are taught the skills necessary to pass Miller’s S.A.F.E.R. Swimmer Test in one year or less of enrollment in select classes (the “Promise Year”). If the student does not pass the S.A.F.E.R. Swimmer Test in one year of consecutive enrollment in one of our select Group Lessons, the student will receive up to two (2) months of free group lessons. Free lessons are discontinued if the student passes the S.A.F.E.R. Swimmer Test prior to the full two (2) months of free lessons being completed. If the student does not progress to Beginner 4 Group Lessons within one year, the student will not be allowed to take the S.A.F.E.R. Swimmer Test and will instead be provided with up to two (2) months of free lessons. During the two (2) months of free lessons, if the student progresses to Beginner 4 Group Lessons and takes and passes the S.A.F.E.R. Swimmer Test prior to the full two (2) months of free lessons being completed, the free lessons will be discontinued.

To be eligible to participate in the SSP Program, the student must be actively enrolled in one of our Beginner 2, Beginner 3, or Beginner 4 Group Lessons for ages four years and up and will automatically be a part of the SSP Program. Participation in the SSP Program and the start to your Promise Year begins on the student’s first day of applicable lessons. “Active Enrollment” is defined as continuous enrollment in ongoing lessons without a lapse exceeding fourteen (14) consecutive calendar days. A break in enrollment longer than 14 days is considered a drop, and the student’s SSP start date resets upon returning to lessons.

Students must maintain consistent attendance to participate in the SSP Program. Students may have a maximum of four (4) missed classes during their Promise Year. A missed class is defined as an absence from a regular class without completing a make-up session within thirty (30) days from the date of the original absence and is subject to the availability of instructors and the facility at which the original lesson took place, as solely determined by Miller. An absence from a regularly scheduled class will not count as a missed class if the student utilizes their make-up session within the specified time as outlined in our make-up policies. If the student accumulates five (5) missed classes during their active enrollment, the two (2) free months of lessons shall be deemed forfeited and no longer applicable.

The SSP Program is Miller's specific skills test meant to teach participants certain self-rescue safety skills. While the SSP Program is intended to help participants become safer swimmers, it does not guarantee the safety of each participant in all swimming scenarios. Appropriate supervision and adherence to water safety standards is always recommended.

Trial Lessons (at participating locations only)

In some cases, trial lessons may be offered by a Miller location. In order to book a trial lesson, you must complete and submit a registration form to the Miller location which will be providing the trial lesson to your student. Additionally, you must agree to all policies, procedures, waivers and other standard terms and conditions before your student can participate in the trial lesson.

Timeliness

If a student is more than 10 minutes late for a lesson, a student will not be allowed to join that lesson, and the student will be marked as absent.

 

Changing Areas, Restrooms and Locker Rooms - Hosted Facilities (Fitness Centers, Hotels, Apartment Complexes, Recreation Centers, etc.)

Please refer to the specific locker room policies and guidelines of the hosted facility in which the Miller is located, as you agree that the participant will follow such policies.

Watching Lessons

Parents must remain at the Miller facility for the entire duration of their student’s lessons. If the lessons are conducted in a standalone Miller facility, please watch your student from the viewing area located in the lobby of the facility unless otherwise requested by the student’s instructor. If the lessons are conducted in a facility that hosts the Miller (e.g., a fitness club or other third-party facility), please watch your student from the pool deck. In either case, our goal is to give each student the best learning experience possible, so please refrain from interrupting your student’s lesson. If you wish to speak with your student’s instructor, please contact a representative at the facility’s front desk to coordinate a meeting with the instructor.

Promotional Text Messages

If you receive a text message that contains promotional information, you can opt-out of receiving future text messages from corporate-owned Miller locations by replying “STOP.” Please note that some Miller locations are independently owned and operated franchises, and corporate-owned locations have no responsibility for franchisees’ texting practices nor the ability to opt you out of their texts. You should contact the specific franchisee that is texting you to opt out of their messages.  

Right to Discontinue Services

Miller Swim School is committed to providing a safe, respectful, and productive learning environment for all students, families, and staff. As such, Miller reserves the right, at its sole discretion, to suspend or discontinue services for any participant or account holder who:

In the event services are discontinued, Miller will provide written notice to the account holder via the email on file. Any remaining scheduled lessons or credits may be addressed in accordance with our refund and cancellation policies. This right applies to all programs, promotions, and services offered at Miller locations.

Applicability of Terms and Conditions

It is your sole responsibility to ensure that anyone acting on your behalf in connection with the services offered at a Miller location is aware of, and complies with, the policies and procedures set forth herein.

 

Privacy Policy

Please consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms and Conditions, and you agree to our use and sharing of the information we collect about you and/or your student as described in our Privacy Policy. 

WAIVER AND RELEASE OF LIABILITY

 

PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE ACKNOWLEDGING AND ACCEPTING THE FOLLOWING:

 

I am the participant or the parent or guardian of the participant(s) identified by me in the iClassPro registration software (each a “Participant”) who will be enrolled in swimming lessons in a Miller Swim School (“Miller”) program. I hereby acknowledge that I understand that swimming is a hazardous activity. I recognize that there are risks inherent in the activity of swimming, including but not limited to, minor injuries, major injuries, paralyzing and catastrophic injuries, and death. I, individually and on behalf of each Participant, understand and voluntarily accept these risks. I also understand that swim lessons involve the physical touching of the student by the instructor, and I, individually and on behalf of each Participant, understand and voluntarily consent to such physical touch. Additionally, I, individually and on behalf of each Participant and any other person who may accompany any Participant to a Miller location, consent to precautionary measures taken by the Miller system as a whole or any particular facility at which any Miller program is conducted, in striving to reduce potential exposure to injuries, contagions, or any other matters of public health concern or safety, acknowledging and understanding that the Miller system and any such particular facility and its representatives, cannot guarantee that any precautionary measures taken by any of them will fully protect anyone from being exposed to, becoming susceptible to, and/or contracting any injury, contagion, or any other matter of public health concern. At the same time, I acknowledge and accept the responsibility I have to take all reasonable precautions for minimizing the risk of injuries, transmitting any contagion, or somehow exacerbating any matter of public health concern.

Accordingly, I, individually and on behalf of each Participant, do hereby waive, release, indemnify, and forever hold harmless SafeSplash Brands, LLC and its affiliates and their respective subsidiaries, affiliates, franchisees, officers, agents, employees and members, as well as any facility at which any Miller program is conducted and each of their respective owner(s), subsidiaries, affiliates, franchisees, officers, agents, employees and members (collectively, the “Released Parties”) from all liabilities and claims for any injuries, losses, death, damages, or costs (including reasonable attorneys’ and experts’ fees) to myself, any Participant, my spouse, child, guests, unborn child(ren), my agents, or relatives which arise out of or are incident to any Participant’s participation in any activities relating to the swimming lessons provided by any Miller program or my presence at any Miller location or third-party location, including those caused by any act or omission by any of the Released Parties, by anyone at or using any facility at which any Miller program is conducted or as a result of a defective product or service.

California Residents: I acknowledge that I have been advised or had the opportunity to be advised by legal counsel, and I understand, my waiver shall include the provisions of California Civil Code Section 1542 (“Section 1542”), which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Notwithstanding the provisions of Section 1542, being aware of Section 1542, I hereby expressly and voluntarily waive any rights I, my student, my personal representatives, executors, heirs, next of kin and any other on my behalf, may have thereunder, as well as under any other statutes or common law principles of similar effect.

If a provision of this Release is declared invalid or unenforceable by a court of competent jurisdiction then it shall be reduced in scope so as to provide the Released Parties with the maximum protection allowed by law and it shall not affect the validity or enforceability of any other provision.

 

AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT

 

In the event of a medical emergency involving any Participant, I hereby grant authorization to the Released Parties to seek treatment of any legally licensed physician or health care facility on behalf of such Participant, and to direct and/or order emergency medical treatment for such Participant. I agree to pay all costs associated with any medical treatment for any Participant, including any transportation and medical facility costs. Further, I acknowledge and agree that the Released Parties will not be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency involving any Participant.

 

COMPREHENSIVE ACKNOWLEDGMENT

 

I HAVE CAREFULLY READ ALL OF THE ABOVE INFORMATION, ACCEPT AND ACKNOWLEDGE IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND SIGNIFICANCE. BY CLICKING “ACCEPT” HERE, I UNDERSTAND THAT THE INFORMATION PRESENTED WILL GOVERN MY RELATIONSHIP AND EACH PARTICIPANT’S RELATIONSHIP WITH MILLER.  MY ACCEPTANCE HERE SUPERSEDES ANY OTHER AGREEMENT, WRITTEN OR ORAL, THAT MAY HAVE BEEN PRESENTED TO ME WITH RESPECT TO MY RELATIONSHIP WITH ANY MILLER LOCATION.


Automatic Billing Authorization

Your first payment will be taken in the form of a credit card, debit card, or electronic check at the time of enrollment.

Thereafter, your method of payment will be automatically charged on a recurring basis for both monthly tuition and the annual service fee until you cancel by dropping from lessons. Each charge will be made via an automated debit from the account designated by you.   

All monthly automatic transactions will be charged to your account on the 25th day of the month for the lessons that will occur the following month. The annual service fee will be automatically charged to your payment method on file during the month preceding your registration anniversary.

To request a drop for a student from lessons under any program, log into your account via the customer portal on the Miller website (www.millerswimschool.com) and complete the drop enrollment option for your student. You may also submit a drop request in person, over the phone, by text, or through email. The drop is complete and the student is “withdrawn” when confirmation is received via an email. Confirmations are sent from “[location email]@ses.iclasspro.com”. Customers are responsible for ensuring that this email address is not blocked, filtered, or routed to spam/junk folders.

If you do not receive a confirmation email within 48 hours of submitting your drop request, it is the customer’s responsibility to contact the school to verify that the drop request has been received.

You must submit a drop request at least thirty (30) days prior to your intent to drop from monthly swim lessons. The cancellation will be effective upon the thirty-first (31st) day after receiving receipt of proper notification (the “Drop Date”). All monthly tuition must be paid through the Drop Date and will be prorated according to the date.

I authorize SafeSplash, LLC and/or each independently owned and operated Miller location to debit my credit card, debit card, checking account, or savings account on file on a monthly basis for swim lessons and on a yearly basis for the annual service fee.

You agree that this Billing Authorization may be electronically signed. By pressing the button marked “I Accept,” you are stating that you have read, understand and agree to this Billing Authorization. You agree that your consent in this fashion is the same as a handwritten signature for the purposes of validity, enforceability, and admissibility. You can print or download a copy of this Billing Authorization, with your acceptance, after pressing “I Accept.”