Host Venue Terms (Lessons at a Customer's Own Pool)
Version 1.1 · Last updated 5 August 2026
TRYSWIM HOST VENUE TERMS
Placeholder Checklist
Every blank below must be filled before these Terms go to counsel and before the customer-venues flag is switched on. Never invent a value - leave the bracket.
| Placeholder | Value needed |
|---|---|
| `[HOUSEHOLD DEFINITION]` | Whether "Household" is limited to persons ordinarily resident at the Host Venue address, and how a live-in carer, a domestic helper's child or an extended-family member is treated |
| `[VENUE MINIMUM SAFETY STANDARD]` | The minimum pool and premises condition TSG requires at a Host Venue - depth marking, entry and exit, rescue equipment, water clarity - pending the D4 lifeguard and supervision assessment |
| `[INSURANCE POSITION]` | Whether TSG's liability cover responds at a private residence or condominium pool, what the Host's own household or strata cover must do, and whether the Host must notify its insurer - open until the BL-1 broker answer is recorded in F1 |
| `[VENUE DATA RETENTION PERIOD]` | How long a deactivated Host Venue's address and coordinates are retained before deletion, consistent with the retention schedule in the Privacy Policy |
Resolved 2026-08-05 (v1.1): the registered address (from the Cradle agreement company record), the 14-day termination-for-convenience notice, and the 30-day amicable-resolution window (mirroring L4 clause 20.2).
These Host Venue Terms ("Terms") govern the relationship between TRY SWIMMING GLOBAL SDN. BHD. (Company No. 202501005309 (1606723-W)), a company incorporated in Malaysia and having its registered address at 1-19-03, Menara Bangkok Bank, Laman Sentral Berjaya, No. 105, Jalan Ampang, 50450 Kuala Lumpur, Malaysia ("TrySwim Global", "TSG", "we", "us" or "our"), and the TrySwim account holder who registers a swimming pool at the account holder's own home or building and electronically accepts these Terms through the Platform (the "Host", "you" or "your").
By accepting these Terms on the venue registration screen, you confirm that you have read, understood and agree to be bound by these Terms.
These Terms are additional to, and do not replace, the Terms of Service, the Privacy Policy and the Liability Waiver and Parental/Guardian Consent that already apply to your TrySwim account.
RECITALS
(A) TSG operates TrySwim, an online marketplace, website (tryswim.my) and mobile application (tryswim.app) (together, the "Platform") through which customers book swimming lessons delivered by independent swimming coaches.
(B) The Host holds a TrySwim customer account and wishes to have Lessons for the Host's own Household delivered at a swimming pool at the Host's own residence, or at the shared pool of the building in which the Host resides, rather than at a Partner Facility.
(C) A Host Venue is not a Partner Facility. TSG does not operate, inspect, staff, insure or control a Host Venue, no revenue share is paid for its use, and it is never offered to any other customer.
(D) The Parties agree that Lessons at a Host Venue are delivered on the terms set out below.
NOW IT IS AGREED as follows.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. In these Terms, unless the context requires otherwise:
- "Building Rules" means the by-laws, house rules, deed of mutual covenant, tenancy or lease conditions, and any other rules or directions of a management corporation, joint management body (JMB), residents' association, landlord, developer or other body having control of the Host Venue or of the building or development in which it is situated, including any rule made under the Strata Management Act 2013.
- "Child" means any person under the age of 18 years, consistent with the Child Act 2001 [Act 611]. All Participants reasonably believed to be under 18 are treated as Children.
- "Coach" means an independent swimming coach approved by TSG who delivers a Lesson booked through the Platform.
- "Host Venue" means the swimming pool and its immediately surrounding areas registered by the Host under these Terms, together with the access route to it from the street or building entrance.
- "Household" means the Host and the persons who ordinarily reside with the Host at the Host Venue address, as further described at [HOUSEHOLD DEFINITION].
- "Lesson" means a swimming-instruction session delivered by a Coach pursuant to a booking made through the Platform.
- "Participant" means a person receiving instruction in a Lesson.
- "Partner Facility" means a swimming pool operated by a third party that has accepted TSG's Facility Terms.
- "PDPA" means the Personal Data Protection Act 2010 and its subsidiary legislation, as amended.
- "Personal Data" has the meaning given under the PDPA.
- "Platform" means the TrySwim website, mobile application and related services operated by TSG.
1.2 Interpretation. Headings are for convenience only and do not affect interpretation. References to legislation include subsidiary legislation and amendments. "Including" means "including without limitation". The singular includes the plural and vice versa.
2. SCOPE OF THESE TERMS
2.1 These Terms apply to every Lesson delivered at the Host Venue and are accepted once per Host Venue, before the Host Venue can be used for a booking.
2.2 A Host Venue is registered for the Host's own use only. The Host does not become a TrySwim partner, agent, employee or facility operator, is paid nothing by TSG for the use of the Host Venue, and receives no share of any lesson fee.
2.3 The price a Host pays for a Lesson at the Host Venue is the price shown on the Platform and is not reduced because the Host provides the pool.
2.4 TSG may decline to register, may suspend, and may deactivate any Host Venue at its discretion, including where TSG considers the Host Venue unsuitable or where a Coach reports a safety concern.
3. YOUR RIGHT TO ADMIT A COACH
3.1 Declaration. The Host declares that the Host is entitled to admit a guest swimming instructor to the Host Venue to deliver paid Lessons to the Host's Household, and that doing so does not breach any Building Rules, tenancy, lease, strata by-law, insurance condition or other restriction applying to the Host Venue.
3.2 Shared and condominium pools. Where the Host Venue is a shared or common-property pool, the Host declares that the Host has obtained, or does not require, the permission of the management corporation, JMB, residents' association, landlord or other responsible body for a guest instructor to attend and for paid instruction to take place.
3.3 No verification by TSG. TSG does not inspect the Host Venue, does not review Building Rules, and does not ask for or hold any permission document. TSG relies entirely on the Host's declaration in clauses 3.1 and 3.2, and the Host acknowledges that TSG does so.
3.4 Continuing obligation. The declaration is given each time a Lesson is booked at the Host Venue and not only at registration. The Host must deactivate the Host Venue on the Platform, and must cancel any upcoming booking at it, as soon as the declaration stops being true.
3.5 Consequence. If a Coach is refused entry, is asked to leave, or a Lesson cannot proceed because of a Building Rule or a permission the Host did not hold, the Lesson is treated as a Host cancellation under the Terms of Service and the Host indemnifies TSG and the Coach under clause 8.
4. NO LIFEGUARD
4.1 The Host acknowledges and agrees that TSG provides a Coach, not a lifeguard.
4.2 A Coach is engaged to teach and to supervise the Participant the Coach is teaching. A Coach is not on duty as a lifeguard for the Host Venue, is not responsible for any other swimmer at the Host Venue, and is not responsible for the Host Venue's emergency response.
4.3 The Host acknowledges that no lifeguard is on duty at the Host Venue during a Lesson unless the Host or the body responsible for the Host Venue arranges one, and that TSG neither arranges nor pays for one.
4.4 The absence of a lifeguard is disclosed to the Host in the booking details before payment and is recorded with the booking. The Host must not represent to any Participant, or to any other member of the Household, that a lifeguard will be present.
4.5 The condition of the Host Venue required for a Lesson to proceed safely is [VENUE MINIMUM SAFETY STANDARD].
5. AN ADULT MUST BE PRESENT AND WATCHING
5.1 For every Lesson at the Host Venue with a Participant who is a Child, a parent or guardian of that Child (or another responsible adult over 18 authorised by the parent or guardian) must be present at the Host Venue and within sight of the water for the whole of the Lesson.
5.2 The Host is responsible for making sure that adult is there. The Host may be that adult.
5.3 A Coach may refuse to start a Lesson, or may end a Lesson in progress, if the required adult is not present and within sight of the water. A Lesson refused or ended on this ground is treated as a Host cancellation under the Terms of Service and no refund is promised.
5.4 The adult present is not thereby made responsible for the instruction, and the requirement in clause 5.1 does not transfer to the Host or to that adult any duty that the Coach owes to the Participant while teaching. It is a safeguarding and supervision requirement, and it does not limit the Host's own responsibility for the Host Venue under clause 7.
6. YOUR HOUSEHOLD ONLY
6.1 Lessons at the Host Venue may be delivered only to Participants in the Host's own Household.
6.2 Only the private and family lesson formats offered on the Platform may be booked at a Host Venue. Group classes and any other multi-household format may not.
6.3 The Host must not invite, admit or allow any child from another household to take part in a Lesson at the Host Venue, whether or not a fee is charged and whether or not the other child's parent is present.
6.4 The Host must not offer, advertise, resell or otherwise make the Host Venue available to any other person as a venue for swimming lessons, whether through the Platform or outside it.
6.5 Breach of this clause is a material breach. It also takes the Lesson outside the scope on which TSG's Coaches are engaged and on which any insurance is arranged, and TSG may deactivate the Host Venue immediately under clause 12.
7. THE POOL AND THE PREMISES ARE YOURS
7.1 Occupier. The Host is the occupier of the Host Venue for the purposes of a Lesson and remains responsible for it. TSG is not the occupier, does not take possession or control of any part of the Host Venue, and acquires no lease, tenancy, licence beyond entry for the Lesson, or other interest in it.
7.2 What stays with the Host. The Host is responsible for, and warrants that the Host will take reasonable care in relation to:
(a) the condition, cleanliness, water quality and structural safety of the pool;
(b) the depth of the water and any marking of it, and the suitability of that depth for the Participant and the Lesson booked;
(c) safe entry to and exit from the water, including steps, ladders, handrails and non-slip surfaces;
(d) the safety of the access route, deck, surrounds, gates, barriers and any pool cover;
(e) electrical safety, drain and suction-outlet safety, and the storage of pool chemicals;
(f) the availability of any rescue or first-aid equipment the Host chooses to keep at the Host Venue; and
(g) telling TSG and the Coach, before the Lesson, of any hazard, defect, restriction or unusual feature of the Host Venue that is or ought to be known to the Host.
7.3 No inspection. TSG does not inspect, certify, maintain or approve the Host Venue and gives no assurance to the Host or to any Participant that it is safe or suitable.
7.4 Emergencies. The Host must keep the access route clear so that emergency services can reach the pool, and must be able to direct them to it.
7.5 Insurance. [INSURANCE POSITION] The Host is responsible for the Host's own household, strata or public-liability cover in respect of the Host Venue and for notifying its insurer if the policy requires it.
8. INDEMNITY
8.1 To the maximum extent permitted by law, the Host indemnifies and holds harmless TSG, its directors, officers and employees, and the Coach attending the Host Venue, against all claims, liabilities, losses, damages, costs and reasonable expenses (including reasonable legal costs) arising out of or in connection with:
(a) the condition, safety or state of the Host Venue, or any defect, hazard or failure of it;
(b) any breach by the Host of clause 3 (right to admit), clause 5 (adult present) or clause 6 (Household only);
(c) any claim by a management corporation, JMB, residents' association, landlord, neighbour or other third party arising from the delivery of a Lesson at the Host Venue;
(d) injury to or loss suffered by any person at the Host Venue who is not a Participant in the Lesson; and
(e) loss of or damage to a Coach's property at the Host Venue, other than loss caused by the Coach.
8.2 This indemnity does not apply to the extent that the claim arises from the gross negligence, recklessness, fraud or wilful misconduct of TSG or of the Coach, or to any liability that cannot lawfully be excluded, and it is subject to TSG taking reasonable steps to mitigate.
8.3 This indemnity is in addition to the indemnity the Host has already given as an account holder in the Liability Waiver and Parental/Guardian Consent, and survives termination of these Terms.
9. THE COACH AT YOUR VENUE
9.1 The Coach is an independent contractor, not TSG's employee, and is not the Host's employee, worker or contractor either.
9.2 The Coach's entry to the Host Venue is limited to attending, delivering and leaving the Lesson booked through the Platform, and to a reasonable period before and after it.
9.3 The Coach must comply with the Building Rules and the Host's reasonable safety directions while at the Host Venue. The Host must give the Coach any rule or direction the Coach is expected to follow before the Lesson starts.
9.4 The Host must not ask a Coach to do anything outside the Lesson booked, must not arrange lessons with a Coach outside the Platform, and must not offer a Coach payment directly.
9.5 A Coach may decline or leave a Lesson at the Host Venue where the Coach reasonably believes the Host Venue is unsafe, the required adult is not present, or the Coach's own safety or professional standing is at risk. TSG supports a Coach's decision to do so.
10. YOUR ADDRESS AND LOCATION (PDPA)
10.1 Consent. The Host expressly consents to TSG collecting, recording, storing and processing the address of the Host Venue, its geographic coordinates, and any access notes the Host provides, for the purpose of registering the Host Venue, matching Coaches who are willing to travel to it, and arranging and delivering Lessons at it.
10.2 Disclosure to the Coach. The Host expressly consents to TSG disclosing the address, coordinates and access notes of the Host Venue to the Coach assigned to a Lesson there, and only to that Coach, and only after a booking at the Host Venue exists. No Coach sees a Host Venue address before a booking is made.
10.3 What is not disclosed. The Host Venue and its address are never shown to any other customer and are never published (see clause 11). Coaches are matched by distance from the Host Venue without the address being disclosed to them.
10.4 Sensitivity. The Host acknowledges that the Host Venue address is usually the Host's home address and agrees that it may be handled as described in these Terms and in the Privacy Policy.
10.5 Withdrawal. The Host may withdraw this consent at any time by deactivating the Host Venue on the Platform or by writing to privacy@tryswim.my. Withdrawal takes effect going forward: TSG cannot continue to arrange Lessons at the Host Venue, any upcoming booking at it is cancelled under the Terms of Service, and a Coach who has already been given the address for a past Lesson cannot be made to un-know it.
10.6 Retention. After a Host Venue is deactivated, its address and coordinates are retained for [VENUE DATA RETENTION PERIOD] and are then deleted or anonymised, except where TSG must retain records to comply with the law, to keep the evidence of these acceptances, or to establish, exercise or defend a legal claim.
10.7 Other people at the venue. Where the Host provides information about another member of the Household, the Host confirms that the Host is entitled to provide it.
11. YOUR VENUE IS PRIVATE
11.1 A Host Venue is private to the Host. It is not a listing.
11.2 TSG will not include a Host Venue in any public or customer-facing catalogue, search result, map, sitemap, marketing material or partner directory, and will not make it bookable by any account other than the Host's.
11.3 TSG staff may see a Host Venue in internal administrative tools for support, safety and record-keeping purposes.
11.4 This clause survives deactivation of the Host Venue.
12. SUSPENSION, DEACTIVATION AND TERMINATION
12.1 By the Host. The Host may deactivate the Host Venue at any time through the Platform. Deactivation stops new bookings at the Host Venue immediately; any booking already made is cancelled under the Terms of Service and its cancellation and refund rules.
12.2 By TSG. TSG may suspend or deactivate a Host Venue immediately, and without prior notice, where there is a safety or safeguarding concern, where a declaration under clause 3 appears to be untrue, where clause 5 or clause 6 is breached, or where a Coach reports that the Host Venue is unsafe.
12.3 Termination for convenience. Either Party may terminate these Terms in respect of a Host Venue on 14 days' written notice. Nothing in these Terms obliges the Host to book any Lesson or obliges TSG to offer any Coach.
12.4 Effect. Deactivation ends the Coach's right of entry and TSG's right to disclose the address under clause 10.2. It does not affect the Host's TrySwim account, which continues under the Terms of Service, and the Host may still book Lessons at a Partner Facility.
12.5 Records. The record of the Host's acceptance of these Terms is retained as evidence and is not deleted when the Host Venue is deactivated.
12.6 Survival. Clauses 7, 8, 10.6, 11 and 14, and any other clause which by its nature is intended to survive, continue in force after termination.
13. RELATIONSHIP WITH OTHER TERMS
13.1 These Terms are read together with the Terms of Service, the Privacy Policy and the Liability Waiver and Parental/Guardian Consent. Where the Liability Waiver refers to a Partner Facility, that reference is read as a reference to the Host in respect of a Lesson at the Host Venue.
13.2 If there is any inconsistency on a matter concerning the Host Venue itself - the premises, the right to admit a Coach, supervision at the Host Venue, or the Host Venue's address - these Terms prevail, and only to the extent of the inconsistency.
13.3 These Terms do not change the fee, refund or cancellation position in the Terms of Service.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 These Terms are governed by, and construed in accordance with, the laws of Malaysia.
14.2 The Parties shall first attempt to resolve any dispute amicably. Failing resolution within 30 days, the dispute is to be resolved by the courts of Malaysia, to whose non-exclusive jurisdiction the Parties submit. Formal legal notices to TSG shall be sent to legal@tryswim.my.
15. GENERAL
15.1 Variation. TSG may amend these Terms on reasonable notice through the Platform or by email, and may require the Host to give fresh electronic acceptance of a material amendment before the Host Venue can be used again.
15.2 Notices. Notices must be in writing and given through the Platform or by email to the address on the Host's account (to TSG: support@tryswim.my for operational matters, privacy@tryswim.my for data matters, legal@tryswim.my for formal notices).
15.3 Severability. If any provision is void or unenforceable, it is severed and the remainder continues in force.
15.4 No waiver. A failure or delay in exercising a right is not a waiver of it.
15.5 Assignment. The Host may not assign these Terms or transfer a Host Venue registration to another person. TSG may assign or novate to an affiliate or successor on notice.
15.6 Third parties. The releases and indemnities in these Terms are intended to benefit the Coach attending the Host Venue as well as TSG. No other person who is not a Party acquires any right to enforce these Terms.
15.7 Entire agreement. These Terms, together with the documents named in clause 13.1, are the entire agreement between the Parties on their subject matter, save that nothing excludes liability for fraudulent misrepresentation.
16. ELECTRONIC ACCEPTANCE
By typing the Host's name and clicking "I Agree" on the venue registration screen, the Host confirms that the Host has read and understood these Terms; agrees to be bound by them; confirms that the declarations in clause 3 and the commitments in clauses 5 and 6 are true and will be kept; confirms that the information provided about the Host Venue is accurate and complete; and agrees that this electronic acceptance is the Host's legally binding signature and has the same force and effect as a handwritten signature. TSG may rely on its electronic records, including the account details, the Host Venue, the typed name, the date and time stamp, the IP address and the device information, as evidence of the Host's acceptance of these Terms and of the version accepted.