Liability Waiver and Parental/Guardian Consent

TRY SWIM GLOBAL SDN BHD — Liability Waiver, and Parental/Guardian Consent

How this agreement works (please read first)

By clicking "I Agree", you:

• agree for yourself if you are participating in a Lesson; and
• if you enrol a child, agree as the child's parent or legal guardian.

TrySwim Global runs an online marketplace. Lessons are conducted by independent Coaches at Partner Facilities.

Please do not accept it unless you have read it and understand it. If anything is unclear, contact support@tryswim.my before you accept.

Definitions

• TrySwim Global / TSG — TRY SWIM GLOBAL SDN BHD ([SSM REGISTRATION NUMBER]), the operator of the TrySwim marketplace.
• TrySwim — the TrySwim marketplace, app, and website operated by TrySwim Global.
• You / Account Holder — the adult who holds the TrySwim account and accepts this agreement.
• Participant — any person taking part in a lesson under your account, whether that is you or a Child you enrol.
• Child / Children — a person under 18 years of age whom you enrol and for whom you are the parent or legal guardian.
• Coach — the independent swimming instructor who delivers a lesson. A Coach is not employed by TrySwim Global.
• Emergency Contact — means the person designated by the Account Holder to be contacted in the event of an emergency involving a Child.
• Partner Facility — the operator of the pool or venue where a lesson takes place. A Partner Facility is not owned or operated by TrySwim Global.
• Lessons — swimming instruction and related activities booked through TrySwim, which take place in and around water.
• Released Parties / Indemnified Parties — TrySwim Global, its directors, officers, and employees, and where applicable, the relevant Coaches and Partner Facilities.
• Privacy Policy — the TrySwim privacy notice as amended from time to time.

PART 1 — Waiver, Assumption of Risk, and Indemnity

1.1 Who you are and your authority

By accepting, you confirm that:

• you are at least 18 years old and have the legal capacity to enter into this agreement;
• the information and details provided by you at booking are true, accurate and complete; and
• for each Child you enrol you are the Child's parent or legal guardian and you have the authority to make decisions contemplated by this agreement on the Child's behalf.
• if any information or declaration provided by you is inaccurate or misleading, TrySwim may suspend or cancel the relevant booking or account.

1.2 The risks of swimming lessons — please read carefully

Swimming and being in or near water involves inherent risk. You understand and accept that the Lessons carry serious risks that cannot be completely eliminated even when reasonable care is taken. These risks include:

• drowning, near-drowning, and death;
• brain injury or other lasting injury caused by lack of oxygen;
• slips, falls, collisions, diving, or activity in and around the pool;
• medical emergencies such as fainting, seizures, cardiac events, or breathing difficulties, including events caused by a condition that was not known or not disclosed;
• water-related hazards such as deep water, slippery surfaces, water entering the lungs, water quality, temperature, and crowding; and
• delay in emergency assistance.

You understand that these risks may be greater for young children and non-swimmers and that no person, equipment or supervision arrangement can guarantee a Participant's safety. Participation in the Lessons is voluntary and you choose to participate with knowledge of these risks.

1.3 Medical fitness and disclosure

You confirm that, to the best of your knowledge, you (and each Child you enrol) are medically fit to take part in the Lessons. You agree to disclose any medical condition, disability, allergy, medication, or other health matter that may affect the Participant's safety or participation in the Lessons. You will keep this information up to date.

You understand that failing to disclose or giving inaccurate medical information may increase the risk of harm and may result in a Lesson being suspended, cancelled or refused. TrySwim and the Coach may rely on the information provided by you and are not responsible for any consequences arising from incomplete, inaccurate or outdated medical information provided by you.

1.4 Consent to emergency first aid and treatment

If a Participant is injured or becomes unwell during a lesson and you (or, for a Child, the emergency contact) cannot be reached in time, you authorise the Coach, Partner Facility staff, and emergency or medical personnel to provde or arrange reasonable first aid and emergency medical treatment including calling an ambulance and arranging transport to hospital. You authorise TrySwim, the Coach and the Partner Facility to contact the emergency contact details provided by you and to disclose information reasonably necessary to respond to the emergency. You, as the Account Holder, agree to be responsible for the cost of any such treatment (regardless of who is contacted in an emergency), except to the extent it is covered by insurance or by law.

1.5 Assumption of risk

Knowing the risks described in clause 1.2, you voluntarily and knowingly accept and assume those risks — for yourself if you are a Participant, and on behalf of each Child you enrol — including risks that may not be foreseeable. You choose to participate (and to enrol your Child) on that basis. You acknowledge that no representation or guarantee has been made that participation in the Lessons is free from risk.

1.6 Release and limitation of liability — ordinary negligence only

To the maximum extent permitted by Malaysian law, you release TrySwim Global, its directors, officers and employees and, where permitted by law, the relevant Coaches and Partner Facilities, from, and agree not to bring against them, any claim for loss, damage, injury, or expense that arises from the ordinary negligence in connection with the Lessons.

This release is subject to the following, which are not excluded or limited and which always remain available:

• (a) liability for death or personal injury to the extent that Malaysian law does not allow it to be excluded;
• (b) gross negligence, recklessness, fraud, or wilful misconduct;
• (c) any liability that cannot lawfully be excluded or restricted; and
• (d) the independent legal rights of a Child (see below) and of any other person who is not the Account Holder.

Nothing in this agreement excludes any rights or to go to court, and if any part of this clause would have that effect, it is to be read narrowly so that it remains valid.

1.7 Right to remove a Participant and to require compliance with safety rules

You agree that each Participant will follow the reasonable safety rules and instructions of the Coach and the Partner Facility at all times. You understand and agree that TrySwim, a Coach, or a Partner Facility may refuse, suspend or terminate a Participant's involvement in a Lesson, and may remove a Participant from the water or the venue, if they reasonably believe it is necessary for the safety of that Participant or of others, including where a Participant will not follow safety instructions, is unwell, or is behaving dangerously. The decision of the Coach or Partner Facility on immediate safety matters shall be final and binding at the time of the incident. No refund is promised for a lesson ended on safety grounds, except as set out in the Terms of Service at [TERMS OF SERVICE URL].

1.8 Indemnity by the Account Holder

To the extent permitted by law, you agree to indemnify and hold harmless TrySwim Global and, where applicable, the relevant Coaches and Partner Facilities, against any claim, liability, loss, damage, cost or expense (including reasonable legal costs) they suffer or incur arising out of or in connection with:

• (a) any breach of this agreement by you or by a Participant under your account;
• (b) a Participant's failure to follow safety rules or instructions, or your failure to disclose a relevant medical condition;
• (c) any claim brought by a person claiming through you except to the extent the claim arises from the gross negligence, recklessness, fraud, or wilful misconduct, or any liability that cannot lawfully be excluded.

This indemnity survives termination of this agreement.

1.9 Who is protected (Coaches and Partner Facilities)

The releases, assumption of risk, and indemnities in this Part are intended to benefit TrySwim Global and also each Coach and Partner Facility involved in the Lessons. Because Coaches and Partner Facilities are independent third parties, you agree:

• not to bring proceedings against a Coach or Partner Facility in respect of any matter you have released under clause 1.6; and
• to the extent permitted by law, the protections in clauses 1.5, 1.6, and 1.8 are also intended to benefit Coaches and Partner Facility.

1.10 Supervision

The supervision and lifeguard arrangements for the Lessons will be notified to you in the booking details, on the Platform, or at the relevant Partner Facility. You understand that these arrangements are a safety measure and not a guarantee against the risks in clause 1.2, and that you remain responsible for accompanying, supervising, and collecting a Child before and after a Lesson and whenever the Child is not under the direct supervision of the Coach during the Lesson. The Account Holder or emergency contact must remain contactable throughout the Lesson.

PART 2 — Parental / Guardian Consent

This Part applies to each Child enrolled under your account and is recorded separately for each Child.

2.1 Confirmation of authority

You confirm that you are the parent or legal guardian of this Child and that you have the authority to consent to the matters in this Part on the Child's behalf. If guardianship is shared, you confirm that you are entitled and authorised to give this consent on behalf of the Child. TrySwim may request reasonable evidence of your identity, relationship to the Child or authority to provide this consent. You agree to indemnify TrySwim against any claim arising from your lack of authority to provide this consent.

2.2 Consent to participation

You consent to this Child taking part in the Lessons, having read Part 1 (including the risks in clause 1.2) and understanding the nature of the Lessons and the risks involved.

2.3 Consent to operational disclosures

You understand and agree that, to deliver and administer the Lessons, limited information about the Child is shared as follows:

• the Child's assigned Coach sees the Child's name and booking details; and
• the Partner Facility sees a roster of learner names and attendance only — it does not receive the Child's contact details or date of birth.

No more of the Child's information is shared with Coaches or Partner Facilities except as described in this agreement or the Privacy Policy. Information may also be disclosed where required by law or where reasonably necessary to protect the health or safety of a Participant.

2.4 Consent to process the Child's personal data (including health data)

You consent to TrySwim Global processing the Child's personal data, including sensitive personal data about the Child's health and fitness (such as the information you give under clause 1.3), for the purpose of providing, arranging, and administering the Lessons and keeping the Child safe. This processing is carried out in line with the Privacy Policy.

2.5 Emergency contact and emergency-treatment authorisation

You confirm that the emergency contact details provided under your account for the Child are accurate and up to date. You authorise the emergency first aid and treatment described in clause 1.4 for this Child if you and the emergency contact cannot be reached in time. TrySwim, the Coach and the Partner Facility may rely on the emergency contact information provided by you and are not responsible for any delay or inability to contact you arising from inaccurate or outdated information.

2.6 Marketing and images

This consent does not allow the Child's photograph, video, image, or likeness to be used for marketing, advertising, promotion, or social media. No such use is permitted under this agreement. Any marketing use of a Child's photo or video would require a separate written consent, which is not being given here.

Shared terms (apply to Part 1 and Part 2)

3.1 Voluntary and informed

You confirm that you accept this agreement freely and voluntarily, that you have had the chance to read it and ask questions, and that you understand it applies to you and to each Child you enroll. You acknowledge that you should not proceed with the booking if you do not understand or agree with this agreement.

3.2 Governing law and courts

This agreement is governed by the laws of Malaysia, and you agree to the non-exclusive jurisdiction of the courts of Malaysia.

3.3 Severability

If any part of this agreement is found to be invalid, illegal or unenforceable, that provision is to be read down to the extent needed to make it valid and enforceable, or if that is not possible, removed, it shall be severed from this agreement without affecting the remaining provisions. The carve-outs in clause 1.6 are intended to support this.

3.4 Consent is per Child, versioned, and can be withdrawn

Each Child's consent under Part 2 is recorded separately and is tied to the version of this agreement in force at the time of acceptance. You may withdraw your consent at any time by contacting privacy@tryswim.my (for data matters) or support@tryswim.my (for participation), or by using the controls in your account.

Effect of withdrawal:

• Withdrawal stops further participation and/or further processing of the Child's data for the affected purpose, going forward.
• Withdrawal does not make unlawful anything done lawfully before withdrawal, and does not by itself undo the assumption of risk, release, or indemnity in Part 1 for Lessons that have already taken place.
• TrySwim Global may be unable to continue providing Lessons to a Child once the necessary consent has been withdrawn.
• TrySwim Global may retain information required by law or reasonably necessary to establish, exercise or defend a legal claim.

3.5 Record of acceptance

For each acceptance, TrySwim records the version of this agreement, the date and time of acceptance, the Account Holder, the Child or Children covered, the booking reference and technical information relating to the acceptance, including device and account information. These records are retained as evidence of this Agreement, the consents given and the acceptance of this Agreement.

3.6 Relationship with other terms

This agreement forms part of, and should be read together with, the Terms of Service and the Privacy Policy. If there is a conflict on a safety, risk, or consent matter, this Agreement applies to that matter. In the event of any inconsistency, this Agreement prevails only to the extent of that inconsistency.

Electronic acceptance

By clicking "I have read and agree" at booking, you confirm that:

• you are the Account Holder and are at least 18 years old;
• you have read and understood this agreement;
• you agree to Part 1 for yourself and for each Child you enrol; and
• you give the consent in Part 2 for each Child you enrol, except the marketing use excluded by clause 2.6.