Last Updated
September 28, 2026
1. Agreement to the Present Terms
These Terms of Service (the "Terms") constitute a binding agreement between Rising Moon Swim Academy LLC, a Florida limited liability company ("Rising Moon," "we," "us," or "our"), and every person who accesses or uses the website located at www.risingmoonswim.com, including any page, form, or feature made available under that domain (the "Website"). References to "you" and "your" designate the individual using the Website and, where that individual acts for a minor or for another adult, extend to the person on whose behalf the individual acts, to the extent the context permits.
Use of the Website signifies acceptance of the Terms, and submission of the inquiry form confirms that acceptance expressly. Any person unwilling to be bound should refrain from using the Website. Assent expressed electronically carries full legal weight: under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, and the Uniform Electronic Transaction Act, section 668.50(7), Florida Statutes, a contract or record may not be denied legal effect or enforceability solely because it is in electronic form.
Two companion documents, the Rising Moon Privacy Policy and the Rising Moon Cookie Policy, describe how personal information and cookies are handled, and both are incorporated into the Terms by reference. Swimming lessons themselves are governed by the enrollment documents described in Section 5, which control over the Terms on any matter concerning the lessons.
2. Eligibility and Authority to Act for Another Person
Submission of the inquiry form is reserved to individuals who are at least 18 years of age. Section 743.07, Florida Statutes, removes the disability of nonage for persons 18 years of age or older, and a person below that age therefore lacks the full contractual capacity on which the Terms rely. Minors may view the general content of the Website, yet they may not submit personal information through it.
Instruction is offered to students from 18 months of age as well as to adults. Where the prospective student is a minor, the inquiry must be completed by a parent or legal guardian of that minor. By submitting information about a child, you represent that you are the child's parent or legal guardian, or that you otherwise hold legal authority to decide on the child's participation in swimming instruction, and that you are entitled to provide the child's name and date of birth for the purposes described in the Privacy Policy. Before enrolling a minor, Rising Moon may request reasonable confirmation of that authority, and an enrollment may be declined where confirmation is not forthcoming.
An adult student ordinarily completes the inquiry personally. Whoever submits an inquiry on behalf of another adult represents, by doing so, that the other adult has authorized the submission and the disclosure of the information it contains.
3. Purpose of the Website and Nature of an Inquiry
The Website presents information about the swimming instruction offered by Rising Moon and allows prospective clients to request contact. No booking, reservation, or payment is processed by the Website itself; where online scheduling or payment is offered, it takes place on pages operated by Block, Inc. through its Square services ("Square"), as Section 7 explains. An inquiry is an invitation to make contact. It is neither an offer capable of acceptance nor a reservation of any lesson time, instructor, or location, and it creates no obligation on either side to conclude an enrollment.
Once an inquiry has been received, Rising Moon will ordinarily contact the submitting person by telephone, text message, or email to discuss the student's age and experience, the preferred schedule, and the pool at which lessons would take place. Availability turns on scheduling capacity, the location and suitability of the pool, and the readiness of the student. Rising Moon may decline an inquiry for any legitimate business reason, though never on a ground prohibited by law. An enrollment comes into existence only when Rising Moon confirms in writing, or through the scheduling service described in Section 7, the lesson dates, the applicable fees, and the terms governing the enrollment.
Descriptions on the Website of lesson formats, age groups, and teaching methods are general information supplied for convenience. Content and features may be revised, suspended, or withdrawn at any time without notice, and no description amounts to a promise that a particular format will remain available.
4. Accuracy of the Information You Provide
Information submitted through the Website must be accurate, current, and complete. The student's date of birth enables Rising Moon to identify an age-appropriate lesson format, whereas the address of the pool allows lesson logistics to be planned and confirms whether the location lies within the area Rising Moon serves. Inaccurate details may produce an unsuitable lesson proposal, a wasted trip, or a refusal of enrollment.
You agree to inform Rising Moon promptly by email of any change to the information submitted. Before the first lesson, you further agree to disclose any medical condition, prior water-related incident, fear of water, or other circumstance bearing on the student's safety in or around water, so that instruction can be adapted accordingly. Matters of that sensitivity belong in direct communication with Rising Moon rather than in the inquiry form, as Section 3 of the Privacy Policy explains.
5. Lessons, Enrollment, and Participation Documents
Lessons are delivered at the pool identified during enrollment, on the dates and at the times agreed. Rising Moon may, before a first lesson, ask the adult student, or the parent or legal guardian of a minor student, to review and sign enrollment terms, a participation acknowledgment, a medical information form, or comparable documents. Those documents govern the lessons, and on any matter concerning the lessons they control over the Terms in the event of conflict.
Nothing in the Terms waives, releases, or limits any claim for personal injury, including death, arising from participation in swimming instruction. Should Rising Moon request a release of that nature, it will be contained in a separate written instrument. With respect to minors, section 744.301(3), Florida Statutes, authorizes a natural guardian to waive and release in advance, on behalf of a minor child, claims against a commercial activity provider for injury resulting from an inherent risk in the activity, and conditions enforceability of the waiver upon a prescribed notice printed in uppercase type at least 5 points larger than, and clearly distinguishable from, the rest of the text. Acceptance of the Terms online cannot stand in for such an instrument.
Where lessons take place at a pool owned or controlled by the client, or by a person with whom the client has made arrangements, the client is responsible for securing lawful access to the pool, for keeping the water, deck, and equipment in a clean and safe condition, and for ensuring that gates, fences, and other barriers function properly. Pets, visitors, and household activities should be kept clear of the pool area during instruction. The instructor may postpone, shorten, or end any lesson whenever conditions appear unsafe, including in the presence of lightning or thunder, cloudy or chemically unbalanced water, damaged equipment, or an obstructed means of entry and exit.
Unless Rising Moon agrees otherwise in writing, a parent, legal guardian, or other responsible adult designated by them must remain on the premises throughout every lesson given to a minor, and resumes responsibility for supervising the minor the moment the lesson ends.
6. Water Safety Acknowledgment
Swimming instruction reduces the risks associated with water; it cannot eliminate them. No lesson, program, or level of proficiency makes any person, of any age, safe from drowning, and nothing on the Website or in the course of instruction should be read as a representation to the contrary. Progress differs from one student to another according to age, temperament, physical development, frequency of practice, and other factors outside the control of Rising Moon, so no particular outcome, skill level, or timetable is guaranteed.
Constant, attentive, and capable adult supervision remains indispensable whenever a child is in or near water, as do physical barriers around pools, suitable flotation devices where appropriate, and readiness to respond to an emergency. Instruction complements those protective measures and never replaces them. Outside scheduled lesson time, supervision of a minor student rests with the parent, legal guardian, or other adult in charge of the child.
7. Scheduling and Payments Through Square
Lesson bookings, reminders, and payments may be managed through Square Appointments, a scheduling and payment service operated by Square. Where Rising Moon offers online scheduling or payment, the booking page is hosted on systems operated by Square and may be reached through a link on the Website or through a link sent to you directly.
Bookings and payments made through Square are subject to the terms and privacy notice that Square presents to its users, in addition to the Terms and to the enrollment terms confirmed by Rising Moon. The treatment of payment information, including the role that Square plays in processing it, is described in Section 5 of the Privacy Policy.
Lesson fees are those quoted by Rising Moon at enrollment or displayed on the Square booking page at the moment of booking, expressed in United States dollars. Fees may be revised prospectively, but a revision never affects lessons already paid for. Where payment is due in advance, a reserved time may be released to another client if payment has not been received by the deadline communicated at booking.
8. Cancellations, Rescheduling, and Refunds
Every lesson fee paid to Rising Moon, whether settled directly or through Square, is subject to the rules set out below, save where the written terms confirmed for a specific enrollment, package, or program provide otherwise, in which case those specific terms govern to the extent of the difference. No rule in the present Section diminishes any right that applicable law confers on a consumer and that cannot be waived by agreement.
8.1 Eligibility for Rescheduling or Refund
Where Rising Moon cancels a lesson for a reason within its own sphere, such as instructor illness or a scheduling conflict, or because of weather, including lightning or thunder in the vicinity, the client may choose between rescheduling the lesson without charge and receiving a refund of the fee paid for it. The same choice applies to a lesson canceled because of an event described in Section 19.
A lesson interrupted by weather before half of its scheduled duration has elapsed will be rescheduled without charge. Once half of the scheduled duration has elapsed, an interrupted lesson is treated as delivered.
Cancellation by the client at least 24 hours before the scheduled start of a lesson entitles the client, at the client's option, to reschedule the lesson or to obtain a refund of the fee paid for it. Notice may be given by telephone, by text message, by email to libby@risingmoonswim.com, or through Square where the lesson was booked there.
Cancellation with less than 24 hours' notice, and failure to attend without notice, result in forfeiture of the fee for that lesson. Illness is treated differently. A student who has diarrhea or shows symptoms of a contagious illness should not enter the water, and where a cancellation for illness is communicated before the scheduled start, Rising Moon will offer a rescheduled lesson, though not a refund. Where a lesson cannot proceed because the pool, its access, or its barriers, being under the client's control, are not in a safe condition on the instructor's arrival, the lesson is treated as a late cancellation by the client, unless the client gave notice of the condition at least 24 hours in advance.
Should the client end an enrollment or package before all lessons have been delivered, Rising Moon will refund the lessons paid for in advance that have been neither delivered nor forfeited under the present Section. Where Rising Moon ends an enrollment for any reason, every prepaid lesson not yet delivered will be refunded.
8.2 Procedure and Timelines
Requests for a refund should be sent by email to libby@risingmoonswim.com within 30 days after the date of the canceled lesson or the end of the enrollment, stating the name of the person who made the payment, the name of the student, the date or dates of the lessons concerned, the amount paid, and the reason for the request. A request received after that period will still be examined, although verification may take longer.
Receipt of the request will be acknowledged within 5 business days, and a decision communicated within 10 business days after receipt of a complete request. An approved refund is issued within 10 business days after the decision, by the original method of payment. Refunds of card payments made through Square are returned to the card used, and the time needed for the credit to appear on a statement depends on the card issuer. Payments made by other means are refunded by the same means or, where that is impracticable, by another method agreed with the client.
For a package sold at a combined price, the refundable amount of each undelivered lesson equals the per-lesson price actually paid, being the total package price divided by the number of lessons the package includes.
8.3 Exclusions
No refund is due for lessons delivered in full or treated as delivered under Section 8.1, for late cancellations and absences without notice, or for lessons ended early at the request of the adult student or of the parent or legal guardian, or because the student's own health or conduct made it unsafe to continue. Any fee expressly identified as non-refundable in the enrollment terms before payment is likewise excluded. Charges imposed by the client's own bank or card issuer, such as currency conversion or overdraft fees, are not recoverable from Rising Moon.
Rising Moon sells no goods, personalized or otherwise, and no digital downloads through the Website. Should merchandise, such as swim equipment, or digital content be offered in the future, the return and refund conditions presented at the time of that sale will apply to it.
8.4 Statutory Consumer Protections
The Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (the "Act"), regulates written warranties on consumer products, which 15 U.S.C. § 2301(1) defines as tangible personal property normally used for personal, family, or household purposes. Swimming lessons are services rather than consumer products, and Rising Moon extends no written warranty within the meaning of the Act. If Rising Moon later sells a consumer product accompanied by a written warranty, the disclosure and designation requirements of the Act will be observed for that product.
Nothing in the present Section restricts any remedy available under the Florida Deceptive and Unfair Trade Practices Act, sections 501.201 through 501.213, Florida Statutes, or under any other consumer protection law that applies to the transaction.
9. Acceptable Use of the Website
Use of the Website must be lawful and consistent with its purpose. You may not submit false information or information concerning a person on whose behalf you lack authority to act, impersonate another person, or use the inquiry form to send advertising, chain messages, or other unsolicited material. Equally prohibited are attempts to gain unauthorized access to the Website, its hosting environment, or any account connected with it; the introduction of malicious code; interference with the security or proper operation of the Website; and the extraction of content by automated means such as robots, scrapers, or crawlers, other than by generally available search engines indexing public pages.
Rising Moon may, without prior notice, block access by any person or device that breaches the present Section, delete submissions made in breach of it, and report conduct that appears unlawful to the competent authorities.
10. Intellectual Property
The text, photographs, graphics, logos, page layout, and other content of the Website, together with the name "Rising Moon Swim Academy," are owned by or licensed to Rising Moon and are protected by the Copyright Act, Title 17 of the United States Code, and by the laws governing trademarks and unfair competition. Rising Moon grants you a limited, revocable, non-exclusive, and non-transferable license to view the Website and to print or save pages for your personal, non-commercial use in evaluating the services offered. Any other reproduction, modification, distribution, or public display requires the prior written consent of Rising Moon.
Photographs or video recordings of students will not be published on the Website without the prior written consent of the adult student or, for a minor, of the parent or legal guardian. Consent may be withdrawn at any time by email, after which the material concerned will be removed from the Website within a reasonable time.
Suggestions and comments that you send about the Website or the services may be used by Rising Moon to improve them, without any obligation to you, while personal information contained in such communications remains subject to the Privacy Policy.
11. Copyright Policy
Rising Moon respects the intellectual property of others and expects the same of those who use the Website. The Website does not host material uploaded by its users; its content consists of material prepared by or licensed to Rising Moon. Anyone who believes that material appearing on the Website infringes a copyright may send a notice to libby@risingmoonswim.com, with the words "Copyright Notice" in the subject line.
A notice can be evaluated promptly when it contains the elements that 17 U.S.C. § 512(c)(3)(A) identifies as components of an effective notification of claimed infringement, namely a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; identification of the copyrighted work, or, where several works are concerned, a representative list of them; identification of the material claimed to be infringing, together with information reasonably sufficient to locate it on the Website, such as its web address; contact details of the complaining party, including an address, a telephone number, and an email address; a statement that the complaining party has a good-faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material or activity is infringing may be liable for the resulting damages, including costs and attorneys' fees. Before sending a notice, a rights holder should therefore consider whether the use in question may be permitted by law, for instance as fair use under 17 U.S.C. § 107.
On receipt of a notice that substantially complies with the elements listed above, Rising Moon will examine the claim and, where it appears well founded, remove or disable access to the material concerned. Where the material was provided by a photographer, designer, or other third party, Rising Moon will inform that person, who may respond with an explanation that Rising Moon will take into account in deciding whether the material should be restored.
12. Privacy, Cookies, and Communications
Personal information submitted through the Website, including information about minors, is handled as the Privacy Policy describes, and the cookies and analytics tools in use are described in the Cookie Policy. By submitting an inquiry, you ask Rising Moon to contact you about it by telephone, text message, or email at the details you provide. Promotional communications, including any promotional message sent through automated dialing or prerecorded voice technology, are subject to the consent requirements explained in Section 8 of the Privacy Policy.
13. Third-Party Services and Links
The Website may contain links to, or make use of, services operated by third parties, including Square for scheduling and payment and Google LLC for website analytics, as well as links to social media profiles. Each such service is governed by its own terms and privacy practices. Rising Moon neither controls nor endorses third-party websites and accepts no responsibility for their content, availability, or handling of information, save to the extent that the law imposes responsibility on Rising Moon for a service provider acting on its behalf.
14. Disclaimer of Warranties Concerning the Website
The Website and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Rising Moon disclaims all warranties, whether express or implied, concerning the Website, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. The present disclaimer concerns the Website alone. It leaves untouched the duty of care that Rising Moon owes in delivering lessons, the obligations assumed in enrollment documents, and every consumer right that cannot be excluded by agreement.
15. Limitation of Liability
To the fullest extent permitted by Florida law, Rising Moon shall not be liable for any indirect, incidental, special, or consequential damages, or for loss of data, arising out of or relating to the use of, or inability to use, the Website, even where the possibility of such damages has been disclosed. The aggregate liability of Rising Moon for all claims arising out of the use of the Website shall not exceed one hundred dollars ($100).
None of the limitations in the present Section applies to liability for personal injury or death, to liability arising from gross negligence, intentional misconduct, or fraud, or to any other liability that cannot be limited under applicable law, and none alters the obligations assumed by either party in the enrollment documents.
16. Indemnification
You agree to indemnify and hold harmless Rising Moon, its members, managers, and instructors from claims, losses, and reasonable expenses, including attorneys' fees, arising from information you submit without the necessary authority, from false information you provide, or from your breach of the Terms. No indemnity is owed for any loss attributable to the negligence or misconduct of Rising Moon itself.
17. Governing Law and Venue
The Terms, and any dispute arising out of or relating to them or to the Website, are governed by the laws of the State of Florida, without regard to its conflict of laws principles, and by the federal law of the United States where applicable. Subject to Section 18, any action shall be brought exclusively in the state courts located in the Florida county in which Rising Moon maintains its principal place of business, or in the United States District Court for the district that includes that county, and each party consents to the personal jurisdiction of those courts. Either party may, nevertheless, bring a claim within the jurisdictional limits of the small claims division of the competent county court.
18. Informal Resolution and Limitation Periods
Before commencing litigation, the party raising a dispute agrees to describe it in writing to the other party, by email to libby@risingmoonswim.com when the notice is addressed to Rising Moon, and to allow 30 days for the parties to attempt an informal resolution in good faith. Any statute of limitations applicable to the dispute is tolled during that period. Neither party is prevented from seeking urgent injunctive relief to preserve the status quo or to protect intellectual property.
No provision of the Terms shortens the period within which an action may be brought. Section 95.03, Florida Statutes, renders void any contractual provision fixing that period at a time less than the one provided by the applicable statute of limitations, and the Terms are to be read consistently with it.
19. Events Beyond Reasonable Control
Neither party is responsible for a failure or delay in performance caused by events beyond its reasonable control, including hurricanes, tropical storms, flooding, lightning, power outages, public health emergencies, or orders of public authorities. Lessons that cannot take place because of such an event will be rescheduled or refunded in accordance with Section 8.1.
20. Changes to the Terms
Rising Moon may amend the Terms from time to time. Amended Terms will be posted on the Website with a revised "Last Updated" date and will apply from that date to subsequent use of the Website. No amendment operates retroactively on an inquiry already submitted or on lessons already confirmed, which remain subject to the version in force when they were submitted or confirmed.
21. General Provisions
If any provision of the Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. Failure or delay in enforcing a provision does not constitute a waiver of it. You may not assign or transfer your rights under the Terms without the prior written consent of Rising Moon, which may assign its rights and obligations in connection with a merger, reorganization, or transfer of its business. Section headings are included for convenience only and carry no interpretive effect.
The Terms, together with the Privacy Policy and the Cookie Policy, set out the entire agreement between you and Rising Moon concerning use of the Website. Notices to Rising Moon should be sent by email to libby@risingmoonswim.com, and notices to you may be sent to the email address you provided.
22. Contact Information
Questions about the Terms may be addressed to Rising Moon Swim Academy LLC, Florida, United States, by email at libby@risingmoonswim.com. Further information about the services offered is available at www.risingmoonswim.com.