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Terms and Conditions

Pro Swim with Kim LLC

Last Updated: August 25, 2026  ·  Effective: August 25, 2026

 

1. AGREEMENT TO THESE TERMS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, LIMITATIONS OF LIABILITY, AND ASSUMPTION OF RISK RELATING TO SWIMMING AND AQUATIC ACTIVITIES.

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you ("you," "your," "User," or "Customer") and Pro Swim with Kim LLC, a Texas limited liability company ("Pro Swim with Kim," "Company," "we," "us," or "our").

These Terms govern your access to and use of:

  • The website located at https://www.proswimwithkim.com and any associated subdomains, pages, or successor sites (the "Site");
  • All online courses, video lessons, memberships, digital downloads, printable materials, coaching content, question-and-answer features, discussion or community areas, and other digital products or services offered by us (collectively, the "Products"); and
  • Any related content, features, tools, or communications provided by us (together with the Site and Products, the "Services").

By accessing the Site, creating an account, purchasing a Product, checking a box indicating agreement, clicking "I Agree," "Enroll," "Purchase," or a similar button, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at http://proswimwithkim.com/privacy-policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms, you must not access or use the Services.

These Terms are available at https://www.proswimwithkim.com/terms-and-conditions.

2. DEFINITIONS

For purposes of these Terms:

"Account" means the single user account created by you to access the Products.

"Content" means all text, video, audio, images, graphics, illustrations, animations, drills, exercises, techniques, methodologies, frameworks, curricula, lesson plans, printable materials, downloadable files, software, designs, logos, trademarks, and other materials made available through the Services.

"Household" means you and the individuals who reside at your primary residence, including your minor children or minor children for whom you are the legal guardian.

"Offer Details" means the specific product description, price, payment structure, refund terms, access terms, and any promotional conditions presented to you on the checkout page or offer page at the time of your purchase.

"Participant" means any individual who uses, views, follows, or attempts any Content, including a Swimmer.

"Swimmer" means the individual, whether an adult or a minor, whose swimming instruction is the subject of the Products.

"User Submissions" means any content you or any Participant posts, uploads, submits, transmits, or otherwise makes available through the Services, including questions, comments, discussion posts, replies, survey responses, testimonials, feedback, images, and video.

3. ELIGIBILITY, AGE REQUIREMENTS, AND PARENTAL RESPONSIBILITY

3.1 You Must Be 18 or Older to Purchase

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract in order to purchase any Product, create an Account, or agree to these Terms.

By purchasing a Product or creating an Account, you represent and warrant that:

  • You are at least 18 years of age;
  • You have the legal authority to enter into these Terms;
  • All information you provide is accurate, current, and complete; and
  • If you are purchasing on behalf of a minor Swimmer, you are the parent or legal guardian of that minor.

3.2 Minors May Use the Products Only Under a Parent or Guardian Account

Our Products are designed for competitive swimmers, many of whom are minors. Minors may not create their own Account, purchase a Product, or independently agree to these Terms.

A minor may access and use the Products only:

  • Through the Account of a parent or legal guardian who is at least 18 years of age;
  • With the express consent and supervision of that parent or legal guardian; and
  • Subject to these Terms, which the parent or legal guardian accepts on the minor's behalf.

3.3 Parent and Guardian Acceptance and Consent

If you purchase a Product for use by a minor, you expressly agree, on your own behalf and on behalf of that minor, to be bound by all provisions of these Terms, including the assumption of risk in Section 11, the disclaimers in Sections 11 and 12, the limitation of liability in Section 19, the indemnification obligations in Section 20, and the arbitration provision and class action waiver in Section 21.

You further agree that:

  • You are solely responsible for the minor's use of the Services and for all activity occurring under your Account;
  • You are responsible for supervising the minor's use of the Content and for determining when, where, and under whose supervision the minor practices any technique, drill, or activity;
  • You are financially responsible for all purchases and payment obligations associated with your Account; and
  • You consent to the collection and processing of information as described in our Privacy Policy.

At the time of purchase, you may be asked to affirmatively confirm your consent and acceptance by checking a box or providing a similar affirmative indication. That confirmation, together with your completion of a purchase, constitutes your electronic signature and your agreement to these Terms.

3.4 Children Under 13

We do not knowingly collect personal information directly from children under the age of 13. Accounts must be created and maintained by an adult. If you believe a child under 13 has provided personal information to us directly, please contact us at [email protected] and we will take reasonable steps to delete that information.

3.5 Suspended or Terminated Users

You may not access the Services if we have previously suspended or terminated your Account or your access to the Services, or if you are barred from receiving the Services under applicable law.

4. ACCOUNTS, LOGIN CREDENTIALS, AND ACCOUNT SECURITY

4.1 One Account, One Login

Each purchase entitles you to one (1) Account with a single set of login credentials. You are responsible for maintaining the confidentiality of your credentials.

4.2 Permitted Household Sharing

You may share your login credentials with the Swimmer in your Household for whom the Product was purchased, and with a co-parent or co-guardian residing in your Household. This is the full extent of permitted sharing.

4.3 Sharing Beyond Your Household Is Prohibited

You may not share, sell, transfer, lend, assign, publish, or otherwise disclose your login credentials to or with any person outside your Household. This includes, without limitation:

  • Teammates, training partners, or other members of a swim team, club, or squad;
  • Other families, whether or not payment or consideration is exchanged;
  • Coaches, instructors, trainers, or clubs;
  • Schools, academies, camps, or other organizations; and
  • Any person accessing the Products from outside your Household.

Sharing credentials outside your Household is a material breach of these Terms and may result in immediate suspension or termination of your Account without refund, in addition to any other remedies available to us.

4.4 Monitoring and Enforcement

We reserve the right to monitor Account activity, including login patterns, concurrent sessions, device counts, and geographic access locations, for the purpose of detecting credential sharing and unauthorized access. We may limit concurrent sessions, require re-authentication, or suspend Accounts exhibiting activity consistent with unauthorized sharing.

4.5 Your Responsibility for Account Activity

You are responsible for all activity that occurs under your Account, whether or not authorized by you. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your Account or any breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4.6 Accurate Information

You agree to provide accurate, current, and complete information when creating your Account and to keep that information updated. We may suspend or terminate your Account if any information you provide is inaccurate, outdated, or incomplete.

5. PRODUCTS, ORDERS, AND PRICING

5.1 Offer Details Control

The specific terms of each Product — including its price, payment structure, what is included, the duration of access, and any applicable refund or guarantee terms — are set out in the Offer Details presented at the time of purchase. Where the Offer Details conflict with these Terms with respect to price, payment structure, included materials, or refund terms, the Offer Details control for that purchase. All other provisions of these Terms continue to apply.

5.2 Product Descriptions

We make reasonable efforts to describe our Products accurately. However, we do not warrant that Product descriptions, pricing, or other Content is accurate, complete, reliable, current, or error-free. In the event of a pricing error, we reserve the right to cancel any order placed at the incorrect price, whether or not the order has been confirmed and payment processed, and to issue a refund of amounts paid.

5.3 Right to Modify or Discontinue Products

We reserve the right, at any time and without notice, to:

  • Modify, update, improve, add to, or reorganize the Content of any Product;
  • Change pricing for future purchases;
  • Limit the availability of any Product to any person or geographic region; and
  • Discontinue offering any Product for sale.

Changes to pricing do not apply retroactively to completed purchases. Your access to a Product you have purchased is governed by Section 8.

5.4 Promotional Offers

Discounts, promotional pricing, bundles, and limited-time offers are subject to the specific terms stated with the offer, may be withdrawn at any time, and may not be combined unless expressly stated.

6. PAYMENT TERMS

6.1 Payment Processing

Payments are processed through Kajabi and Stripe. We do not collect or store your full payment card details. By making a purchase, you also agree to the applicable terms of those providers:

  • Kajabi Terms of Service: https://kajabi.com/policies/terms
  • Kajabi Privacy Policy: https://kajabi.com/policies/privacy
  • Stripe Services Agreement (US): https://stripe.com/legal/ssa
  • Stripe Privacy Policy: https://stripe.com/privacy

We are not responsible for the acts, omissions, errors, outages, or security practices of these third-party providers.

6.2 Authorization to Charge

By providing payment information, you represent and warrant that you are authorized to use the payment method provided, and you authorize us and our payment processors to charge that payment method for the full amount due, including all scheduled installments under a payment plan and all applicable taxes.

6.3 Taxes

Prices are stated exclusive of taxes unless otherwise indicated. You are responsible for all applicable sales, use, value-added, goods and services, or similar taxes, duties, and government charges associated with your purchase. Where we are required to collect such taxes, they will be added at checkout.

6.4 Currency and International Transactions

All prices are stated and charged in United States Dollars (USD) unless otherwise indicated. If your payment method is denominated in another currency, your bank or card issuer may apply conversion rates, foreign transaction fees, or other charges. These charges are your responsibility and are not refundable by us.

6.5 Payment Plans

Where a Product is offered with a payment plan, the following terms apply:

(a) Installment schedule. The number of installments, the amount of each installment, and the billing dates are as stated in the Offer Details. The first installment is charged at the time of purchase, and subsequent installments are charged automatically on the schedule stated at checkout.

(b) Total amount. The total amount payable under a payment plan may exceed the single-payment price for the same Product. The total is disclosed in the Offer Details before you complete your purchase.

(c) Full access. Unless the Offer Details state otherwise, you receive full access to the Product upon the first successful payment, before the plan is paid in full.

(d) Obligation to complete. You are obligated to pay all installments under the plan. Except where you receive an approved refund under Section 7, your obligation to complete the remaining payments is not cancelled by non-use of the Product, by loss of interest, or by cancellation of your payment method.

(e) Keeping payment information current. You are responsible for keeping a valid, current payment method on file for the duration of the plan.

6.6 Failed or Missed Payments

If a scheduled payment fails or is not received:

(a) We and our payment processors may re-attempt the charge in accordance with standard retry procedures, and we may notify you at the email address associated with your Account.

(b) You will have thirty (30) days from the date of the failed payment to bring your Account current.

(c) If payment is not received within that thirty (30) day period, your Account will be placed on hold and your access to the Products will be suspended until payment is made.

(d) If payment remains outstanding after the Account has been placed on hold, we may close your Account and terminate your access permanently. In that event, we will retain all amounts already collected, and you will be released from the obligation to make any remaining scheduled payments.

(e) Amounts retained under subsection (d) are not refundable. Closure of an Account under this Section does not entitle you to a refund of amounts previously paid.

6.7 Third-Party Financing (Buy Now, Pay Later)

Certain Products may be eligible for third-party financing or installment services such as Klarna, Afterpay, Affirm, or similar providers, where offered at checkout.

These services are provided by independent third parties and are not offered, controlled, or guaranteed by us. Your use of any such service is governed solely by the agreement between you and that provider, including its terms regarding interest, fees, late charges, credit reporting, and collections. We are not a party to that agreement and have no responsibility or liability for it. Approval is determined by the provider, not by us. Any dispute concerning financing must be raised with that provider directly.

6.8 Subscriptions and Recurring Billing

We do not currently offer subscription or recurring-billing Products. We may offer such Products in the future. If we do, the following terms will apply, in addition to the Offer Details presented at checkout:

(a) Automatic renewal. Subscriptions renew automatically on the monthly, annual, or other recurring cycle stated at checkout, billed on the same calendar date each period as the date on which your subscription began, until cancelled. Where a billing date does not exist in a given month, the charge will occur on the last day of that month.

(b) Authorization. By purchasing a subscription, you authorize us and our payment processors to charge your payment method on a recurring basis, without further authorization, until you cancel.

(c) Price changes. We may change subscription pricing on notice to you at the email address associated with your Account, effective at your next renewal. Your continued use after the effective date constitutes acceptance.

(d) Cancellation. You may cancel at any time through your Account settings or by emailing [email protected]. Cancellation takes effect at the end of the then-current billing period. You will retain access through the end of the period for which you have paid, and you will not be charged again.

(e) No partial-period refunds. Except where required by applicable law, we do not provide refunds or credits for partial billing periods, unused time, or periods during which you did not access the subscription.

(f) Failed subscription payments. If a recurring payment fails, we may suspend or terminate access in accordance with Section 6.6 and the Offer Details.

In all cases, the Offer Details presented to you at checkout govern the specific terms of any subscription you purchase.

6.9 Chargebacks

If you initiate a chargeback, payment dispute, or reversal with your card issuer, bank, or financing provider, we reserve the right to immediately suspend or terminate your Account and revoke access to all Products pending resolution. If a chargeback is determined to be improper or is resolved in our favor, we may pursue recovery of the disputed amount together with any fees incurred, and may decline to provide Services to you in the future. We ask that you contact us at [email protected] before initiating any dispute so that we may attempt to resolve the matter directly.

7. REFUNDS AND CANCELLATIONS

7.1 Refund Terms Are Stated in the Offer Details

Refund eligibility, the length of any refund or guarantee window, and any conditions attached to it are specified in the Offer Details for each Product at the time of purchase. Different Products may carry different refund terms, and some Products may be offered on a non-refundable basis. You should review the Offer Details before completing your purchase.

7.2 How to Request a Refund

To request a refund, email [email protected] from the email address associated with your Account, within the refund window applicable to your Product. Your request should identify the Product purchased and the date of purchase.

Requests received after the applicable refund window has closed will not be granted, except where required by applicable law.

7.3 Effect of an Approved Refund

Where a refund request is approved and granted:

(a) We will refund the amounts you have paid for the applicable Product, using the original payment method where practicable;

(b) If you purchased under a payment plan, all remaining scheduled installments will be cancelled and you will not be charged further;

(c) Your license to the Product terminates immediately, and your access will be revoked. You must cease all use of the Content and delete or destroy any downloaded or printed materials in your possession; and

(d) Refunds are typically processed within five (5) to ten (10) business days of approval, though the time for funds to appear depends on your financial institution.

7.4 After the Refund Window Closes

Once the refund window applicable to your Product has closed, all sales are final and no refunds will be issued. If you purchased under a payment plan and the refund window has closed, your obligation to complete the remaining installments continues, subject to Section 6.6.

7.5 No Refunds for Termination Due to Breach

No refund will be issued where your Account is suspended or terminated as a result of your breach of these Terms, including violations of Section 4 (account sharing), Section 9 (intellectual property), or Section 10 (user conduct).

7.6 Abuse of Refund Policies

We reserve the right to decline refund requests where we reasonably determine that a request is made in bad faith, is part of a pattern of repeated purchase-and-refund behavior, or follows conduct indicating that the purpose of the purchase was to obtain and retain the Content without payment.

7.7 Consumers in the European Union, United Kingdom, and Other Jurisdictions with Statutory Withdrawal Rights

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction that provides a statutory right of withdrawal or cooling-off period for distance or digital purchases, the following applies:

You would ordinarily have a period of fourteen (14) days from the date of purchase to withdraw from the contract without giving a reason. However, because our Products consist of digital content supplied immediately upon purchase, by completing your purchase and accessing the Product you expressly request immediate performance and expressly acknowledge that you thereby lose your right of withdrawal once access has been provided.

Nothing in these Terms limits or excludes any mandatory statutory rights you have as a consumer under the laws of your country of residence that cannot lawfully be waived or limited by agreement.

8. ACCESS TO PRODUCTS

8.1 Duration of Access

Unless the Offer Details state otherwise, Products are offered on a lifetime access basis. For the avoidance of doubt, "lifetime access" means access for as long as Pro Swim with Kim LLC remains in business and continues to operate the Services. It does not mean the lifetime of any individual, and it does not create a perpetual obligation on us to operate the Services indefinitely.

8.2 If We Cease Operations or Discontinue a Product

If we cease operating the Services, or permanently discontinue a Product to which you have lifetime access, we will provide at least sixty (60) days' advance notice to the email address associated with your Account and, where practicable, by notice on the Site. During that notice period, you will retain access to the Product and may download or save any materials made available in downloadable form.

Following the expiration of that notice period, access will end, and we will have no further obligation to provide access to the Product. Discontinuation under this Section does not entitle you to a refund.

8.3 Technical Requirements

Access requires a compatible device, a current web browser, and a reliable internet connection. Certain features may require a mobile application provided by a third party. You are responsible for obtaining and maintaining the equipment, software, and connectivity required to access the Services, and for all associated costs.

8.4 Availability, Maintenance, and Interruptions

We do not warrant that the Services will be available at all times or without interruption. The Services may be unavailable due to scheduled maintenance, updates, technical issues, third-party platform outages, or causes beyond our control. We are not liable for any interruption, delay, or unavailability of the Services, and no credit or refund is due on account of temporary unavailability.

8.5 Changes to Content

We may add to, remove, modify, re-record, reorganize, or replace Content within a Product at any time. We do not guarantee that any particular lesson, module, video, drill, downloadable file, or feature will remain available for any specified period.

8.6 Downloadable Materials

Where materials are made available for download, your right to use those materials remains subject to the license in Section 9 and terminates when your license terminates. Retention of a downloaded file after termination does not extend or preserve your license.

9. INTELLECTUAL PROPERTY

9.1 Ownership

All Content is the exclusive property of Pro Swim with Kim LLC or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

This includes, without limitation: all video lessons and recordings; the F.A.S.T. Framework and any other methodology, framework, curriculum, or system we develop; drill and exercise sequences and their presentation; written materials, scripts, and lesson text; printable guides, checklists, templates, and worksheets; images, graphics, illustrations, and design elements; the structure, sequence, selection, arrangement, and organization of Content; the Site and its design, layout, and code; and all names, logos, marks, slogans, and trade dress, including "Pro Swim with Kim," "Fast Lane Framework," and "F.A.S.T. Framework."

No right, title, or interest in or to any Content is transferred to you by these Terms or by any purchase. All rights not expressly granted are reserved.

9.2 Limited License Granted to You

Subject to your full compliance with these Terms and your payment in full of all amounts due, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content for your own personal, non-commercial use, and for the personal, non-commercial use of the Swimmer in your Household, for the duration of your access as described in Section 8.

This license does not constitute a sale and conveys no ownership rights.

9.3 Prohibited Uses

You may not, and may not permit or assist any other person to:

  • Copy, reproduce, duplicate, republish, upload, post, transmit, distribute, or publicly display any Content, in whole or in part;
  • Record, screen-record, screen-capture, film, photograph, or otherwise capture any video lesson or Content;
  • Download, rip, scrape, or extract Content using any downloader, browser extension, plugin, script, bot, or other tool, except where a download function is expressly provided by us;
  • Upload or share Content on any file-sharing service, cloud storage service, torrent network, streaming platform, social media platform, messaging application, learning management system, or any other platform or medium;
  • Sell, resell, rent, lease, license, sublicense, distribute, assign, or otherwise commercially exploit any Content or your access to it;
  • Share, sell, transfer, or disclose login credentials in violation of Section 4;
  • Use the Content to teach, coach, train, or instruct any person outside your Household, whether or not for compensation;
  • Use the Content in connection with any swim team, club, school, academy, camp, training group, or commercial coaching business;
  • Create derivative works based on the Content, or incorporate the Content into any other course, program, product, or service;
  • Use the Content, in whole or in part, to train, fine-tune, develop, or evaluate any artificial intelligence or machine learning model, dataset, or system;
  • Remove, obscure, alter, or circumvent any copyright notice, watermark, attribution, digital rights management, access control, or other protective measure;
  • Reverse engineer, decompile, or disassemble any software or technology used to deliver the Content; or
  • Use the Services or Content for any unlawful purpose or in violation of these Terms.

Each of the foregoing is a material breach of these Terms.

9.4 Team, Club, School, and Commercial Licensing

Any use of the Content by or on behalf of a swim team, club, school, academy, camp, training organization, or commercial coaching business requires a separate written license agreement with us. Purchase of an individual Product does not grant any such right. If you wish to use the Products in an organizational or commercial capacity, contact [email protected] to discuss licensing.

9.5 Enforcement and Remedies

Unauthorized reproduction or distribution of the Content causes immediate and irreparable harm to us for which monetary damages are an inadequate remedy. Accordingly, in addition to any other remedy available at law or in equity, we are entitled to seek injunctive relief, specific performance, and other equitable relief without the necessity of posting a bond or proving actual damages.

We further reserve the right to: immediately suspend or terminate your Account without notice and without refund; pursue statutory damages, actual damages, disgorgement of profits, and attorneys' fees and costs; issue takedown notices under the Digital Millennium Copyright Act ("DMCA") or equivalent law; and report the matter to law enforcement where appropriate.

[PLACEHOLDER — LIQUIDATED DAMAGES: Counsel to advise on inclusion and amount. Suggested framing: for each unauthorized user who accesses the Content as a result of your breach, you agree to pay liquidated damages equal to the then-current full retail price of the applicable Product, the parties agreeing that actual damages would be difficult to ascertain and that this amount represents a reasonable estimate of harm and not a penalty.]

9.6 Copyright Complaints

If you believe Content on the Services infringes your copyright, send a notice to [email protected] containing: identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and its location; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and your physical or electronic signature.

9.7 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, implement, and commercialize that feedback for any purpose without obligation, attribution, or compensation to you.

10. USER SUBMISSIONS, COMMENTS, AND COMMUNITY AREAS

10.1 Scope

The Services include, or may in the future include, features that allow you to submit content — including question-and-answer threads beneath lessons, comments, discussion boards, community areas, member forums, and survey or feedback forms. This Section applies to all such features, whether currently available or introduced in the future.

10.2 You Are Responsible for Your Submissions

You are solely responsible for all User Submissions made through your Account, including those made by a minor Swimmer using your Account. You represent and warrant that you own or have all necessary rights to your User Submissions and that they do not violate these Terms or any applicable law or third-party right.

10.3 License to User Submissions

By making a User Submission, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, perpetual, and irrevocable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display that User Submission, in whole or in part, in any media now known or later developed, in connection with operating, providing, improving, and promoting the Services.

This license permits us, among other things, to answer your question publicly within the Services, to use a question as the basis for new instructional Content, and to use feedback to improve our Products.

Use of your name, likeness, or identifying details in external marketing or promotional materials is subject to Section 10.4.

10.4 Testimonials, Names, and Likeness

We will not use your name, your Swimmer's name, your likeness, or other identifying details in external marketing or promotional materials without your permission. Where we collect testimonials or success stories, you will be given the opportunity to specify the level of attribution you consent to — for example, full name, first name and last initial, anonymous, or private and internal use only. We will honor the choice you record.

Where you grant permission, that permission is perpetual and irrevocable as to materials already published or produced in reliance on it, though you may withdraw permission as to future use by contacting [email protected].

10.5 Prohibited Conduct in Community and Comment Areas

You agree that you will not, and will not permit any person using your Account to, post, submit, or transmit any content or engage in any conduct that:

  • Contains hate speech, or that attacks, demeans, or disparages any person or group on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
  • Harasses, bullies, threatens, intimidates, stalks, or targets any person, including other members, Swimmers, our staff, or our instructors;
  • Is obscene, pornographic, sexually explicit, or sexually suggestive, or that sexualizes any person;
  • Contains profanity, vulgar language, or language that is inappropriate in an environment used by minors;
  • Is defamatory, libelous, slanderous, or knowingly false;
  • Constitutes spam, chain messages, pyramid schemes, or unsolicited advertising, promotion, or solicitation, including promotion of competing products, services, coaches, or programs;
  • Solicits personal or contact information from any other member, and in particular from any minor;
  • Attempts to arrange private, off-platform contact with a minor who is not your own child;
  • Impersonates any person or entity, or misrepresents your affiliation with any person or entity;
  • Discloses another person's private or personal information without consent;
  • Infringes any copyright, trademark, trade secret, publicity right, privacy right, or other right of any third party;
  • Contains malware, viruses, corrupted files, or any code designed to interrupt, damage, or limit the functioning of any software, hardware, or system;
  • Attempts to gain unauthorized access to the Services, other accounts, or any connected system;
  • Uses any bot, scraper, crawler, or automated means to access, collect data from, or interact with the Services;
  • Violates any applicable law or regulation; or
  • Is otherwise, in our sole judgment, inappropriate, disruptive, harmful, or contrary to the purpose and spirit of a community serving young athletes and their families.

10.6 Special Protections for Minors

Because our community includes minors, we enforce these standards strictly. Conduct that would be tolerated on a general-purpose platform may not be tolerated here. Any conduct that we determine, in our sole discretion, poses a risk to the safety or wellbeing of a minor will result in immediate termination without warning and may be reported to law enforcement.

10.7 No Obligation to Monitor; Right to Moderate

We have no obligation to monitor User Submissions, but we reserve the right to do so. We may, in our sole discretion and without notice, edit, refuse to post, remove, or delete any User Submission for any reason or no reason, including content we consider objectionable, off-topic, or inconsistent with these Terms. We assume no responsibility or liability for User Submissions or for any failure to remove them.

10.8 User Submissions Are Not Our Views

User Submissions reflect the views of the individuals who post them and do not reflect our views, endorsement, or verification. We do not adopt, verify, or endorse any statement, technique, opinion, or advice contained in a User Submission, and we are not responsible for reliance placed on it.

10.9 Responses from Us Are Educational Only

Where we, our instructors, or Kim Pavlin Wasser respond to a question or comment within the Services, that response is general educational information based on limited information provided remotely, without observation of the Swimmer in person, and without knowledge of the Swimmer's physical condition, medical history, training environment, or supervision. Such responses do not create a coach-athlete, instructor-student, medical, therapeutic, or supervisory relationship, and are subject to all disclaimers in Sections 11 and 12.

11. SAFETY, ASSUMPTION OF RISK, AND EDUCATIONAL PURPOSE

THIS SECTION CONTAINS IMPORTANT SAFETY INFORMATION AND LIMITATIONS ON OUR LIABILITY. READ IT CAREFULLY.

11.1 Educational and Informational Purpose Only

The information, instruction, demonstrations, drills, exercises, and other materials provided through Pro Swim with Kim are intended for educational and informational purposes only.

11.2 Inherent Risks of Swimming

Swimming and aquatic activities involve inherent risks, including the risk of serious injury, drowning, disability, or death. Participation in any swimming activity, drill, exercise, or technique demonstrated or discussed in the Products is voluntary and undertaken at the Participant's own risk.

11.3 Adult Supervision Required

Minors should never practice swimming drills, techniques, or exercises without appropriate adult supervision.

Participants should only practice in a safe swimming environment with appropriate supervision, and should follow all rules and safety requirements of the pool, facility, swim team, coach, lifeguard, or other supervising organization.

Pro Swim with Kim is not a substitute for qualified in-person swimming instruction, coaching, lifeguard supervision, medical advice, or emergency supervision.

11.4 Know Your Swimmer's Abilities

Parents, guardians, swimmers, and Participants are responsible for determining whether a Swimmer has the appropriate swimming ability, physical condition, experience, and supervision necessary to safely perform any activity demonstrated in the Products.

Do not attempt any drill, exercise, technique, dive, underwater activity, or other movement that is beyond the Swimmer's current ability or that cannot be performed safely in the available environment.

If there is any question regarding whether a Swimmer can safely participate in an activity, consult an appropriate coach, instructor, medical professional, or other qualified professional before attempting it.

11.5 Medical Disclaimer

The Products do not provide medical advice and are not intended to diagnose, treat, cure, prevent, or address any medical condition or injury.

Participants with injuries, medical conditions, physical limitations, or concerns regarding their ability to participate safely should consult an appropriate healthcare professional before beginning or continuing any swimming or exercise program.

Stop participating immediately if a Swimmer experiences pain, dizziness, difficulty breathing, unusual fatigue, or any other concerning symptoms.

Nutrition, fueling, hydration, sleep, recovery, conditioning, shoulder care, and injury-prevention information provided through the Products is general educational information and is not individualized medical, nutritional, dietary, or physical therapy advice.

11.6 Mental Performance Content

Content addressing the mental side of competition — including visualization, breathing techniques, confidence, managing nerves, responding to disappointing performances, and recognizing burnout — is general sport-performance education. It is not psychological, psychiatric, counseling, or mental health treatment, and it is not a substitute for care from a qualified mental health professional. If a Swimmer is experiencing emotional distress, anxiety, depression, disordered eating, or any other mental health concern, consult a qualified professional.

11.7 Assumption of Risk

By accessing the Products and choosing to participate in, or to allow a minor to participate in, activities demonstrated or described by Pro Swim with Kim, the Participant and the Participant's parent or legal guardian acknowledge that swimming and aquatic activities involve inherent risks and voluntarily assume those risks.

To the fullest extent permitted by applicable law, Pro Swim with Kim LLC, its owners, members, managers, instructors, employees, contractors, affiliates, and representatives shall not be liable for injuries, losses, damages, or other claims arising from participation in activities demonstrated, discussed, or recommended through the Products, except where liability cannot legally be excluded or limited.

11.8 Parent and Guardian Responsibility

When the Participant is a minor, the parent or legal guardian is responsible for determining when, where, and under whose supervision the minor practices the techniques and activities presented in the Products.

Purchasing or accessing the Products does not create a coach-athlete, instructor-student, medical, therapeutic, or supervisory relationship between Pro Swim with Kim and any Participant.

11.9 No Control Over Training Environment

We do not control, inspect, supervise, or have any knowledge of the pool, facility, equipment, water conditions, supervision, or environment in which any Participant practices. Responsibility for the safety and suitability of that environment rests entirely with the Participant and, where the Participant is a minor, with the parent or legal guardian.

11.10 Supplement, Not Replacement, for In-Person Coaching

The Products are designed to supplement, rather than interfere with or replace, a Swimmer's existing coaching or team program. Participants should follow the direction of their in-person coach where there is any conflict regarding training, technique, workload, or safety.

11.11 Acknowledgment

By purchasing, accessing, or using Pro Swim with Kim Content, you acknowledge that you have read and understood this Section and agree to accept responsibility for the safe use of the information and instruction provided.

12. NO GUARANTEE OF RESULTS

12.1 Results Vary

Pro Swim with Kim provides swimming education and technique instruction based on the experience and methodology of its instructors.

INDIVIDUAL RESULTS WILL VARY.

No representation, warranty, or guarantee is made regarding improvements in swimming speed, technique, race performance, competition results, times, rankings, scholarships, team placement, or any other athletic outcome.

12.2 Factors Outside Our Control

Outcomes depend on numerous factors outside our knowledge and control, including the Swimmer's natural ability, age, physical development, experience, training frequency and intensity, effort and consistency, in-person coaching, team program, physical condition, injury history, nutrition, rest, motivation, and the degree to which the Content is actually implemented.

12.3 Testimonials

Any testimonials, performance improvements, or results presented by Pro Swim with Kim represent individual experiences and should not be interpreted as typical or guaranteed results.

Individual results may vary. Testimonials and results shown reflect individual experiences and are not a guarantee of future performance or results.

12.4 No Reliance

You acknowledge that you have not purchased any Product in reliance on any representation, promise, or guarantee of any specific outcome, and that no such representation has been made to you.

13. THIRD-PARTY PLATFORMS, SERVICES, AND LINKS

13.1 Platform Providers

The Services are delivered using third-party platforms, including Kajabi (course hosting, membership delivery, email, and community functionality) and Stripe (payment processing). Your use of the Services is therefore also subject to the terms and policies of those providers, linked in Section 6.1.

We do not control these platforms. We are not responsible for their availability, performance, security, data practices, changes to their services, or any loss or damage arising from their acts or omissions.

13.2 Mobile Applications

Where the Products are accessible through a mobile application provided by a third party, your use of that application is governed by the terms of the application provider and the applicable app store. We do not control and are not responsible for those applications.

13.3 Third-Party Links and References

The Services may contain links to or references to third-party websites, products, services, tools, or resources. These are provided for convenience only. We do not endorse, control, verify, or assume responsibility for any third-party content, product, or service, and we are not liable for any loss or damage arising from your use of them. Your dealings with any third party are solely between you and that third party.

13.4 Third-Party Equipment and Products

Any equipment, training aids, or products referenced in the Content are referenced for educational purposes. We make no warranty as to their safety, suitability, quality, or fitness for any purpose, and we are not responsible for injuries or losses arising from their use.

14. PRIVACY AND DATA

14.1 Privacy Policy

Our collection, use, storage, and disclosure of personal information is described in our Privacy Policy, available at http://proswimwithkim.com/privacy-policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in that policy.

14.2 Data Requests

To access, correct, update, or request deletion of your personal information, email [email protected]. Requests are handled as described in the Privacy Policy. Note that deletion of your personal information may require termination of your Account and loss of access to purchased Products, and deletion does not entitle you to a refund.

14.3 Marketing Communications

By purchasing a Product or submitting your email address, you consent to receive emails from us relating to your purchase, your Account, the Products, and our other offerings. Transactional and Account-related emails are a necessary part of the Services and cannot be opted out of while you maintain an Account. You may unsubscribe from marketing emails at any time using the link in any marketing email or by contacting [email protected].

14.4 Analytics and Tracking

We may, now or in the future, use cookies, pixels, analytics tools, or similar technologies — including services such as Google Analytics or Meta Pixel — to understand how the Services are used and to improve and promote them. Our use of such technologies, and your choices regarding them, are described in our Privacy Policy.

15. ACCEPTABLE USE OF THE SERVICES

In addition to Sections 9 and 10, you agree not to:

  • Use the Services in violation of any applicable law or regulation;
  • Attempt to gain unauthorized access to any portion of the Services, any account, or any connected system or network;
  • Interfere with, disrupt, overload, or impair the Services or the servers or networks connected to them;
  • Circumvent, disable, or interfere with any security, authentication, access control, or usage-limiting feature;
  • Use any robot, spider, scraper, crawler, or automated means to access, monitor, or copy any part of the Services;
  • Introduce any virus, malware, ransomware, or other harmful code;
  • Use the Services to transmit unsolicited commercial communications;
  • Misrepresent your identity, age, or affiliation; or
  • Use the Services in any manner that could damage, disable, overburden, or impair them or interfere with any other party's use.

16. SUSPENSION AND TERMINATION

16.1 Termination by Us

We may suspend, restrict, or terminate your Account and your access to the Services at any time, with or without notice, and without refund, if we determine in our sole discretion that:

  • You have breached these Terms or any other agreement with us;
  • You have shared login credentials outside your Household;
  • You have copied, distributed, or otherwise misused the Content;
  • You have violated the conduct standards in Section 10;
  • You have engaged in conduct we consider abusive, threatening, harassing, or harmful toward any person, including our staff, instructors, or other members;
  • You have engaged in conduct that poses a risk to the safety or wellbeing of a minor;
  • You have initiated a chargeback or payment dispute;
  • A payment has failed or remains outstanding, in accordance with Section 6.6;
  • You have provided false, misleading, or fraudulent information;
  • Your conduct exposes us or any other person to legal liability or reputational harm; or
  • We are required to do so by law.

Termination for the reasons above may occur immediately and without prior warning.

16.2 Termination by You

You may stop using the Services at any time. Voluntary discontinuation of use does not entitle you to a refund and does not relieve you of any outstanding payment obligation, except as provided in Sections 6.6 and 7.

To close your Account, email [email protected].

16.3 Effect of Termination

Upon termination:

  • Your license under Section 9.2 immediately terminates;
  • Your access to the Services and all Content ends;
  • You must cease all use of the Content and delete or destroy all downloaded, printed, or saved materials in your possession;
  • No refund is due except as expressly provided in Section 7; and
  • Any outstanding payment obligations remain due, except as provided in Section 6.6(d).

16.4 Survival

Sections 9, 10.3, 10.4, 11, 12, 16.3, 17, 18, 19, 20, 21, 22, and 25, and any other provision that by its nature should survive, will survive termination of these Terms.

17. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

  • THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • ANY RESULTS, IMPROVEMENTS, OR OUTCOMES WILL BE ACHIEVED;
  • THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR ANY PARTICULAR SWIMMER; OR
  • ANY DEFECT WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

18.1 Exclusion of Certain Damages

IN NO EVENT SHALL PRO SWIM WITH KIM LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, INSTRUCTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OPPORTUNITY, ATHLETIC OPPORTUNITY, SCHOLARSHIP, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on Liability

THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

18.3 Physical Injury

WITHOUT LIMITING SECTIONS 18.1 AND 18.2, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, DISABILITY, DROWNING, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATING TO ANY SWIMMING ACTIVITY, DRILL, EXERCISE, TECHNIQUE, DIVE, START, TURN, UNDERWATER ACTIVITY, CONDITIONING EXERCISE, OR OTHER ACTIVITY DEMONSTRATED, DESCRIBED, OR RECOMMENDED IN THE CONTENT, WHETHER PERFORMED BY YOU, BY A MINOR IN YOUR HOUSEHOLD, OR BY ANY OTHER PERSON.

18.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US, THAT THE PRICING OF THE PRODUCTS REFLECTS THEM, AND THAT WE WOULD NOT PROVIDE THE SERVICES WITHOUT THEM. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18.5 Jurisdictional Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

19. RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF ANY MINOR SWIMMER USING YOUR ACCOUNT, HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO PARTICIPATION IN ANY ACTIVITY DEMONSTRATED, DESCRIBED, OR RECOMMENDED IN THE CONTENT.

You expressly waive the benefit of any statute or rule of law that would otherwise limit the effect of this release to claims known or suspected to exist at the time of the release.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

  • Your use or misuse of the Services or Content;
  • Any use of the Services or Content by any minor Swimmer or other person using your Account;
  • Any injury, illness, disability, death, or property damage sustained by you, a minor Swimmer, or any other person in connection with any activity demonstrated, described, or recommended in the Content;
  • Your breach of these Terms or any representation or warranty you have made;
  • Your violation of any applicable law or regulation;
  • Your infringement or misappropriation of any intellectual property or other right of any third party, including unauthorized reproduction or distribution of the Content;
  • Any User Submission made through your Account; or
  • Your sharing of login credentials in violation of Section 4.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You may not settle any matter without our prior written consent.

21. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Informal Resolution First

Before initiating any arbitration or legal proceeding, you agree to first contact us at [email protected] with a written description of the dispute, the relief you seek, and your contact information. The parties agree to attempt in good faith to resolve the dispute informally for a period of thirty (30) days from the date of that notice. Most concerns can be resolved this way. Neither party may commence arbitration until this period has elapsed.

21.2 Agreement to Arbitrate

Except as provided in Sections 21.3 and 21.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Content, any purchase, or the relationship between you and us — including the validity, enforceability, interpretation, or scope of this arbitration provision — shall be resolved exclusively by final and binding individual arbitration, rather than in court.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at https://www.adr.org. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

21.3 Small Claims Exception

Either party may bring an individual claim in small claims court, in lieu of arbitration, provided the claim is within that court's jurisdictional limits and remains an individual, non-class, non-representative action.

21.4 Intellectual Property and Injunctive Relief Exception

Notwithstanding Section 21.2, either party may seek preliminary or permanent injunctive relief, temporary restraining orders, or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, unauthorized reproduction, or unauthorized distribution of intellectual property, or unauthorized access to the Services, without first engaging in informal resolution or arbitration.

21.5 Your Right to Opt Out of Arbitration

You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of the date you first accept these Terms or first purchase a Product, whichever is earlier.

Your notice must include your full name, the email address associated with your Account, the date of your purchase, and a clear statement that you wish to opt out of arbitration.

Opting out will not affect any other provision of these Terms, and will not affect your right to use the Services. If you opt out, disputes will be resolved in the courts identified in Section 22.

21.6 Arbitration Procedure, Fees, and Location

(a) Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, which limit the fees payable by consumers. Where those rules require, we will pay the portion of fees allocated to us.

(b) Location and format. Arbitration will be conducted by submission of documents, by telephone, or by videoconference unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it will be held in the county of your residence, in Bexar County, Texas, or at another location mutually agreed by the parties.

(c) Arbitrator's authority. The arbitrator may award any relief available in an individual action under applicable law, but may not award relief on a class, collective, consolidated, or representative basis. The arbitrator's decision will be final and binding.

(d) Confidentiality. The parties agree to maintain the confidentiality of the arbitration proceeding and award, except as necessary to enforce the award or as required by law.

21.6A Attorney's Fees

Each party bears its own attorneys' fees and costs, except where an applicable statute or these Terms provide otherwise, or where the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

21.7 CLASS ACTION WAIVER

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable as to any particular claim or request for relief, then that claim or request shall be severed from the arbitration and may proceed in court, while all other claims shall remain in arbitration.

21.8 JURY TRIAL WAIVER

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

21.9 Time Limitation on Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

21.10 Survival

This Section survives termination of these Terms and closure of your Account.

22. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, United States, without regard to its conflict of law principles.

Subject to Section 21, you agree that any judicial proceeding will be brought exclusively in the state or federal courts located in Bexar County, Texas, and you consent to the personal jurisdiction of and venue in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

If you are a consumer resident outside the United States, nothing in this Section deprives you of the protection of any mandatory provision of the law of your country of residence that cannot be derogated from by agreement.

23. INTERNATIONAL USERS

The Services are operated from the United States. We make no representation that the Services or Content are appropriate, lawful, or available for use in any particular location. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local laws.

You consent to the transfer, storage, and processing of your information in the United States and in other countries where our service providers operate, which may have data protection laws different from those of your country. Additional information for residents of the European Union, the United Kingdom, and other jurisdictions is set out in our Privacy Policy.

You may not use the Services if you are located in, or are a national or resident of, any country subject to United States embargo or sanctions, or if you are listed on any United States government list of prohibited or restricted parties.

24. CHANGES TO THESE TERMS

We reserve the right to modify, amend, update, or replace these Terms at any time, in our sole discretion.

When we do, we will revise the "Last Updated" date at the top of these Terms and post notice of the update on the Site. For material changes, we may also, at our discretion, notify you by email.

Your continued access to or use of the Services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may close your Account. Continued use following a change does not entitle you to a refund.

You are responsible for reviewing these Terms periodically. The version posted at https://www.proswimwithkim.com/terms-and-conditions at any given time is the version in effect.

25. GENERAL PROVISIONS

25.1 Entire Agreement

These Terms, together with the Privacy Policy and the applicable Offer Details, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings, communications, representations, and agreements, whether written or oral.

25.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. All remaining provisions will continue in full force and effect. Section 21.7 is subject to its own severability rule as stated in that Section.

25.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. No waiver is effective unless in writing and signed by us.

25.4 Assignment

You may not assign or transfer these Terms, your Account, or any rights under them, in whole or in part, without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

25.5 No Third-Party Beneficiaries

Except for the Released Parties, these Terms do not create any third-party beneficiary rights.

25.6 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, employment, agency, franchise, coach-athlete, instructor-student, or fiduciary relationship between you and us.

25.7 Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, government action, power or internet failure, platform or hosting provider outage, cyberattack, or third-party service failure.

25.8 Electronic Communications and Signatures

You consent to receive communications from us electronically, including by email and by notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing. You agree that your electronic acceptance of these Terms constitutes your signature.

25.9 Notices to Us

Legal notices must be sent to [email protected] and, where written notice is required, to:

Pro Swim with Kim LLC 20403 Encino Ledge P.O. Box 591841 San Antonio, Texas 78259 United States

25.10 Notices to You

We may provide notice to you at the email address associated with your Account or by posting on the Site. You are responsible for keeping your email address current.

25.11 Headings and Interpretation

Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafting party.

25.12 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version controls.

26. CONTACT INFORMATION

Questions about these Terms, refund requests, data requests, licensing inquiries, and legal notices should be directed to:

Pro Swim with Kim LLC

Email: [email protected]

Mailing Address: 20403 Encino Ledge P.O. Box 591841 San Antonio, Texas 78259 United States

Website: https://www.proswimwithkim.com Terms and Conditions: https://www.proswimwithkim.com/terms-and-conditions Privacy Policy: http://proswimwithkim.com/privacy-policy

27. ACKNOWLEDGMENT

BY ACCESSING THE SITE, CREATING AN ACCOUNT, PURCHASING A PRODUCT, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT:

  • You have read these Terms and Conditions in full and understand them;
  • You are at least 18 years of age and have the legal capacity to enter into this agreement;
  • If a minor will use the Products, you are that minor's parent or legal guardian, you consent to their use, and you accept these Terms on their behalf and remain responsible for their use and supervision;
  • You understand that swimming and aquatic activities involve inherent risks including serious injury, drowning, disability, and death, and you voluntarily assume those risks on your own behalf and on behalf of any minor in your Household;
  • You understand that the Content is educational only and is not a substitute for in-person coaching, lifeguard supervision, medical advice, or adult supervision;
  • You understand that no specific results, improvements, times, rankings, or athletic outcomes are guaranteed, and that individual results vary;
  • You understand and accept the limitations of liability, release, and indemnification obligations set out in these Terms;
  • You understand that you are agreeing to resolve disputes through binding individual arbitration and are waiving your right to a jury trial and to participate in a class action, subject to your right to opt out under Section 21.5; and
  • You agree to be bound by these Terms and by our Privacy Policy.

Pro Swim with Kim LLC

Fast · Fluid · Elite

San Antonio, Texas  ·  [email protected]
Last Updated: August 25, 2026