Facility Terms (Pool Access for TrySwim Swimming Lessons)

Version 2.0 · Last updated 23 July 2026

TRYSWIM FACILITY TERMS & CONDITIONS

These Facility Terms & Conditions ("Terms") govern the relationship between TRY SWIMMING GLOBAL SDN. BHD. (Company No. 202501005309 (1606723-W)) ("TSG", "we", "us" or "our") and the swimming pool owner, operator or manager that registers for and electronically accepts these Terms through the TrySwim Platform ("Facility", "you" or "your"). TSG and the Facility are individually referred to as a "Party" and collectively as the "Parties".

[By clicking "I Agree", creating a Facility account or otherwise participating as a Facility through the TrySwim Platform, you confirm that you have read, understood and agree to be bound by these Terms.]

RECITALS:

(A) TSG operates the TrySwim Platform, an online marketplace through which Customer's book swimming lessons conducted by independent Coaches.

(B) The Facility owns, operates or manages one or more swimming pools and wishes to make its Pool available for swimming lessons booked through the Platform.

(C) TSG manages the Platform, marketing, bookings, payment collection and operational administration of the swimming lessons, while the Facility provides access to the Pool during the agreed Access Hours.

(D) The Facility grants TSG, its authorised Coaches and Customers permission to access the designated Pool areas solely for the purpose of conducting and attending swimming lessons in accordance with these Terms.

(E) The Parties agree to be bound by the following Terms and Conditions governing the Facility's participation in the TrySwim Platform and the use of the Pool for swimming lessons.

NOW IT IS AGREED as follows:

1. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context otherwise requires:

Term	Meaning
Access Hours	means the days and times agreed by the Parties during which TSG, its authorised Coaches and Customers may access the Pool to conduct or attend Lessons.
Authorised Person	means any employee, representative, contractor or service provider authorised by a Party to perform its obligations under these Terms.
Coach	means an independent swimming coach who has been approved by TSG to conduct Lessons through the Platform.
Customer	means any individual who books or attends a Lesson through the Platform, including, where applicable, the individual's parent, guardian or legal representative.
Effective Date	means the date on which the Facility accepts these Terms electronically through the Platform.
Facility	means the swimming pool owner, operator or manager who has accepted these Terms.
Lesson	means a swimming lesson, class, programme or training session arranged through the Platform and conducted at the Pool.
PDPA	means the Personal Data Protection Act 2010, together with all subsidiary legislation, regulations and any amendments thereto.
Personal Data	shall have the meaning given under the Personal Data Protection Act 2010.
Platform	means the TrySwim website, mobile application and any related systems operated by TSG through which Lessons are marketed, booked and administered.
Pool	means the swimming pool and the designated surrounding areas made available by the Facility for the conduct of Lessons under these Terms.
Settlement Report	means the monthly statement issued by TSG showing the Lessons conducted, fees collected, deductions (if any) and the amount payable to the Facility.

2. APPOINTMENT & SCOPE

2.1 The Facility appoints TSG, on a non-exclusive basis, to market, arrange and administer swimming Lessons at the Pool through the Platform in accordance with these Terms.

2.2 Subject to these Terms, TSG may:

(a) advertise and promote Lessons conducted at the Pool;

(b) onboard and manage Coaches approved by TSG;

(d) collect lesson fees from Customers;

(e) coordinate lesson schedules with the Facility; and

(f) carry out all activities reasonably necessary for the operation and administration of the Lessons.

2.3 The Facility grants TSG, its Authorised Persons, Coaches and Customers the right to access the designated Pool and related facilities during the agreed Access Hours solely for the purpose of conducting or attending Lessons. Such access is non-exclusive, non-transferable and limited to the purposes set out in these Terms.

2.4 The Facility acknowledges and agrees that its registration and participation on the Platform are subject to TSG's approval. TSG reserves the right, in its sole discretion, to approve, reject, suspend or remove any Facility's registration or listing on the Platform, including where the Facility fails to satisfy TSG's onboarding, operational, safety or compliance requirements.

2.5 The Facility acknowledges that TSG provides the Platform to facilitate the marketing, booking and administration of Lessons. TSG does not guarantee any minimum number of Lessons, Customers, Coaches, bookings, revenue or Revenue Share under these Terms.

2.6 Nothing in these Terms shall:

(a) create any lease, tenancy or proprietary interest in favour of TSG;

(b) grant TSG exclusive possession or control of the Pool;

(c) restrict the Facility from using the Pool or permitting other persons to use the Pool outside the agreed Access Hours.

2.7 The Parties acknowledge that:

(a) each Party acts as an independent contracting party;

(b) nothing in these Terms creates any partnership, joint venture, employment, agency or fiduciary relationship between the Parties;

(c) neither Party has authority to bind or incur obligations on behalf of the other unless expressly authorised in writing.

3. FACILITY OBLIGATIONS

The Facility shall at all times:

3.1 provide TSG, its Authorised Persons, Coaches and Customers with access to the Pool during the agreed Access Hours;

3.2 ensure that the Pool is maintained in a clean, safe and operational condition and complies with all applicable laws, regulations and safety requirements;

3.3 promptly notify TSG of any closure, maintenance works, safety concerns or circumstances that may affect the conduct of any Lesson;

3.4 provide reasonable cooperation to facilitate the conduct of the Lessons;

3.5 obtain and maintain all licences, approvals, permits and insurance required for the operation of the Pool;

3.6 promptly notify TSG of any change in ownership, management or operational control of the Facility that may affect these Terms;

3.7 ensure that all information provided to TSG during registration and throughout the term of these Terms remains true, accurate, complete and up to date, and shall promptly notify TSG of any changes to such information;

3.8 promptly provide any additional information or supporting documents reasonably requested by TSG;

3.9 represents and warrants that the individual accepting these Terms on its behalf is duly authorised to bind the Facility;

3.10 represents and warrants that all information, photographs, descriptions and other content submitted or uploaded to the Platform do not infringe the intellectual property rights or other rights of any third party.

4. TSG'S OBLIGATIONS

4.1 operate and maintain the Platform for the administration of Lessons;

4.2 pay the Facility its revenue share in accordance with Clause 8;

4.3 ensure that only Coaches approved by TSG are permitted to conduct Lessons through the Platform;

4.4 provide reasonable assistance to the Facility in relation to the administration of Lessons; and

4.5 comply with all applicable laws in performing its obligations under these Terms.

5. ACCESS & ENTRY

5.1 The Facility shall grant TSG, its Authorised Persons, Coaches and Customers access to the Pool during the agreed Access Hours for the purpose of conducting or attending Lessons.

5.2 Where applicable, TSG may issue digital access credentials, including QR codes or other authorised access methods, to its Coaches and Customers solely for the purpose of accessing the Pool for scheduled Lessons.

5.3 The Facility shall ensure that its security personnel and authorised representatives provide TSG, its Authorised Persons, Coaches and Customers with timely access to the Pool during the agreed Access Hours and shall not unreasonably refuse or delay such access.

5.4 TSG shall ensure that all digital access credentials issued by it are used only by the intended recipient and solely for the scheduled Lesson.

5.5 Each Party shall promptly notify the other of any issue affecting access to the Pool and shall cooperate in good faith to minimise any disruption to the Lessons.

5.6 The Facility reserves the right to refuse or restrict access to the Pool where reasonably necessary for safety, security, emergency or legal compliance, provided that it shall notify TSG as soon as reasonably practicable.

6.1 TSG shall determine and collect all lesson fees payable by Customers through the Platform.

6.2 In consideration of the Facility making the Pool available for Lessons, TSG shall pay the Facility a revenue share equivalent to twenty per cent (20%) of the gross lesson fees successfully collected by TSG in respect of the Lessons ("Revenue Share").

6.3 The Facility acknowledges that the Revenue Share payable under these Terms depends on the actual lesson fees successfully collected through the Platform, and TSG does not guarantee any minimum level of bookings, revenue or Revenue Share.

6.4 TSG shall provide the Facility with a monthly Settlement Report setting out the Lessons conducted, lesson fees collected and the Revenue Share payable.

6.5 The Revenue Share shall be paid to the Facility on or before the 15th day of the following calendar month, or such other date as may be notified by TSG.

6.6 The Facility shall notify TSG in writing of any dispute relating to a Settlement Report within seven (7) days from the date of the Settlement Report, failing which the Settlement Report shall be deemed accepted.

6.7 Unless otherwise agreed in writing, the Revenue Share constitutes the Facility's sole entitlement in respect of the Lessons conducted through the Platform.

6.8 If TSG subsequently refunds or is required to reverse any lesson fees in respect of which a Revenue Share has already been paid to the Facility, TSG may deduct the corresponding Revenue Share from any future payment due to the Facility or, where no such payment is due, the Facility shall reimburse TSG within fourteen (14) days of written demand.

7. PARTIES' RESPONSIBILITIES & LIABILITY

7.1 The Facility shall remain solely responsible for the management, operation, maintenance and safety of the Pool.

7.2 TSG shall be responsible for the administration of Lessons through the Platform in accordance with these Terms.

7.3 Each Party shall be responsible for the acts and omissions of its respective employees, representatives and contractors in connection with these Terms.

7.4 TSG shall not be liable for any loss, damage, injury or claim arising from:

(a) the condition, maintenance or safety of the Pool;

(b) any act or omission of the Facility, its employees, contractors or security personnel; or

8. INSURANCE

8.1 The Facility shall maintain, at its own cost, all insurance policies required by applicable law and such other insurance as is reasonably necessary for the operation of the Pool.

8.2 TSG shall ensure that each Coach engaged through the Platform maintains such qualifications, certifications and insurance (where applicable) as may be required by TSG or applicable law.

8.3 Each Party shall, upon reasonable written request, provide reasonable evidence of compliance with this Clause.

8.4 Failure by either Party to maintain the required insurance may constitute a material breach of these Terms.

9. POOL SAFETY & LIFEGUARD

9.1 The Facility shall ensure that the Pool complies with all applicable safety requirements and is fit for the conduct of Lessons.

9.2 Unless otherwise agreed in writing, the Facility shall remain responsible for the general safety and security of the Pool and its surrounding areas.

9.3 Where a lifeguard is provided at the Pool, the responsibility for engaging and providing the lifeguard shall be as agreed between the Parties.

9.4 If the Pool is unavailable or unsafe for the conduct of any Lesson, TSG may suspend, reschedule or cancel the affected Lesson.

10. INCIDENT REPORTING

10.1 Each Party shall promptly notify the other Party of any accident, injury, damage, security incident or other event arising out of or in connection with the conduct of any Lesson at the Pool.

10.2 Each Party shall provide reasonable assistance and information required for the investigation, reporting or resolution of any such incident.

10.3 The Facility shall preserve, where reasonably practicable, any relevant records, CCTV footage or other evidence relating to the incident and make the same available to TSG upon reasonable request, subject to applicable laws.

11. PERSONAL DATA

11.1 Each Party shall comply with the Personal Data Protection Act 2010 and all applicable data protection laws in relation to any Personal Data processed under these Terms.

11.2 The Facility shall only collect, use, disclose or process Personal Data received from TSG for the purposes of performing its obligations under these Terms and shall not use such Personal Data for any unauthorised purpose.

11.3 Each Party shall implement reasonable security measures to protect Personal Data against unauthorised access, use, disclosure, alteration or loss.

11.4 The Facility shall promptly notify TSG upon becoming aware of any actual or suspected unauthorised access to, disclosure of or loss of Personal Data relating to the Platform, Lessons or Customers.

11.5 Upon termination of these Terms or upon TSG's written request, the Facility shall cease using and, where applicable, securely delete or return any Personal Data received from TSG, unless otherwise required by law.

11.6 Nothing in these Terms grants the Facility any ownership or proprietary rights over the Personal Data of Customers collected or processed through the Platform, except to the extent required for the Facility to perform its obligations under these Terms.

12. INTELLECTUAL PROPERTY

12.1 The Facility grants TSG a non-exclusive right to use the Facility's name, logo, trademarks and photographs of the Pool solely for the purpose of promoting and operating the Lessons through the Platform.

12.2 TSG may identify the Facility as a participating facility on the Platform and in its marketing and promotional materials.

12.3 Each Party retains all rights, title and interest in its respective intellectual property, and nothing in these Terms transfers ownership of any intellectual property from one Party to the other.

12.4 Upon termination of these Terms, TSG shall cease using the Facility's intellectual property within a reasonable period, except where continued use is reasonably necessary to comply with legal obligations or maintain historical records.

12.5 The Facility represents and warrants that it has the necessary rights and authority to grant the licence under Clause 12.1.

13. TERMINATION

13.1 These Terms shall commence on the Effective Date and shall remain in force for a period of three (3) years ("Initial Term"), unless terminated earlier in accordance with this Clause.

13.2 Upon expiry of the three (3)-year term, these Terms shall automatically terminate unless the Parties mutually agree in writing to renew or extend the term.

13.3 TSG may suspend or terminate the Facility's participation in the Platform with immediate effect if:

(a) the Facility commits a material breach of these Terms;

(b) the Pool is no longer safe or suitable for the conduct of Lessons;

(d) the Facility provides any information or document that is false, inaccurate, incomplete or misleading, or fails to update such information in accordance with these Terms;

(e) the Facility engages in any conduct that may adversely affect TSG's business, reputation or the operation of the Platform;

(f) the Facility becomes insolvent, enters into liquidation or has a receiver or similar officer appointed over its assets; or

(g) the Facility repeatedly fails to meet TSG's reasonable operational or service standards after being given a reasonable opportunity to remedy such failure.

13.4 Upon termination:

(a) TSG shall cease accepting new bookings for the Facility;

(b) the Facility shall honour all confirmed Lessons scheduled before the effective date of termination, unless otherwise agreed by the Parties or where cancellation is necessary for safety or legal reasons;

(d) Clauses which by their nature are intended to survive termination shall continue in full force and effect.

14. CONFIDENTIALITY

14.1 Each Party shall keep confidential all non-public information obtained from the other Party in connection with these Terms and shall not disclose such information to any third party except:

(a) with the other Party's prior written consent;

(b) where required by applicable law or any competent authority; or

(c) to its employees, professional advisers, auditors or contractors who have a need to know such information for the purposes of these Terms and who are subject to obligations of confidentiality.

14.2 Each Party shall use the other Party's confidential information solely for the purpose of performing its obligations under these Terms.

14.3 The obligations under this Clause shall not apply to information that:

(a) is or becomes publicly available other than through a breach of these Terms;

(b) was lawfully in the receiving Party's possession before disclosure;

(d) is independently developed without reference to the other Party's confidential information.

14.4 The obligations under this Clause shall survive the termination or expiry of these Terms.

15. GENERAL TERMS

15.1 Amendments

TSG may amend these Terms from time to time by providing reasonable notice to the Facility through the Platform or by other reasonable means. The Facility's continued participation in the Platform after the effective date of such amendment shall constitute its acceptance of the amended Terms.

15.2 Assignment

The Facility shall not assign, transfer or otherwise deal with any of its rights or obligations under these Terms without TSG's prior written consent. TSG may assign or transfer its rights or obligations under these Terms to any of its affiliates or in connection with any merger, acquisition or corporate restructuring upon written notice to the Facility.

15.3 Notice

Any notice or communication under these Terms may be given by email, through the Platform or by any other electronic means agreed by the Parties. Such notice shall be deemed received upon transmission unless the sender receives a notice of failed delivery.

15.4 Non-circumvention

During the term of these Terms, the Facility shall not knowingly encourage, solicit or induce any Customer who has booked a Lesson through the Platform to bypass the Platform by booking Lessons directly with the Facility or otherwise outside the Platform.

15.5 Force Majeure

Neither Party shall be liable for any delay or failure in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, governmental actions, labour disputes or failures of public utilities or telecommunications.

15.6 Waiver

No failure or delay by either Party in exercising any right under these Terms shall operate as a waiver of that right.

15.7 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

15.8 Entire Agreement

These Terms constitute the entire agreement between the Parties in relation to the subject matter hereof and supersede all prior discussions, negotiations, representations or agreements relating thereto.

15.9 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malaysia. The Parties submit to the exclusive jurisdiction of the courts of Malaysia

This TERMS & CONDITIONS is updated as at 23.07.2026