Sports Coaching Disclaimer

SPORTS COACHING DISCLAIMER KST Swim Mentor and Coaching LLC Effective: September 8, 2026 1. PURPOSE This disclaimer explains the scope and limitations of services provided by KST Swim Mentor and Coaching LLC, a New Mexico limited liability company ("Company," "we," or "us"), through our website at https://kstswim.com and related business activities. This document sets out what our coaching, mentoring, education and consultancy services are, what they are not, and the responsibilities of participants, parents, guardians, clubs and other users. This disclaimer complements and is part of our standard terms of service. By engaging with the Company, you acknowledge having read, understood and agreed to the terms in this disclaimer. 2. NATURE OF SERVICES The Company provides swimming development services, including technical coaching, mentoring for coaches, programme planning, clinics and camps, audits and consultancy for clubs and coaching structures. These services are educational and coaching in nature. They are delivered by experienced swimming professionals and are designed to support technical improvement, coach development and evidence-based programme design. Our services are NOT medical treatment, physiotherapy, sports medicine consultation, nutrition therapy, psychological or mental health counselling, or any regulated health profession. We do not diagnose, treat or manage medical conditions, injuries, illnesses or psychological states. We do not prescribe medications, supplements or diets, nor do we provide individualised medical or nutritional advice in our capacity as health practitioners. Any discussion of health, recovery or wellness that may occur during coaching or consultancy is informational only and does not substitute for professional medical or allied health assessment and treatment. If a participant requires medical advice, injury management, physiotherapy, mental health support or nutritional guidance, the participant or their guardian must consult an appropriately licensed and qualified professional in their jurisdiction independently of our services. 3. NO GUARANTEE OF SPORTING RESULTS The Company makes no guarantee, warranty or promise regarding sporting outcomes, including but not limited to competition times, qualifying standards, selection for teams, medals, awards, scholarships, professional contracts or any other competitive or career results. Individual progress in swimming depends on many factors beyond the Company's control, including but not limited to: the swimmer's age, physical maturity, genetics, inherent ability, prior training history, consistency of training attendance, effort and motivation, nutritional status, sleep and recovery, mental resilience, training outside the Company's services, the quality of facilities and equipment available, coaching and support from other sources, and the level of competition faced. No coaching service can guarantee that any individual will achieve a particular standard, be selected for a team, win a medal, secure a scholarship or attain professional status in sport. Progress is individual and variable. Some swimmers improve rapidly; others improve more gradually. Some swimmers may reach a training plateau despite consistent effort. Participation in the Company's services means the swimmer and their family or guardian understand and accept that the outcomes are uncertain and depend substantially on individual circumstance and effort. The Company is not liable for failure to achieve any particular sporting result, time, standard, selection or outcome, regardless of the quality or consistency of coaching provided. 4. TEAM EXPERIENCE STATEMENTS The Company may reference the international competitive experience, coaching qualifications, or background of the coaching team and may describe the experience of coaching staff in general terms on its website, marketing materials and related communications. These statements are descriptive of professional background and are not guarantees that the same results will be achieved with any individual participant or client. References to experience, achievements or affiliations of coaching team members describe the professional history of those individuals but are not promises regarding their current status, ongoing affiliations, credentials or licensure. Participants and clients should not assume that reference to past experience of a coach or team implies current formal credentials, ongoing relationships with named organisations, or any particular professional accreditation unless explicitly stated in current service documentation. The calibre and experience of coaching staff support the quality of services offered; they do not guarantee individual client outcomes. 5. HEALTH AND SAFETY Participants in swimming coaching and training programmes engage in a sport that carries inherent physical risk, including but not limited to risk of injury, fatigue, dehydration, heat illness, water-related incidents and other hazards. Participation is voluntary and is undertaken at the participant's own risk. Participants in the Company's services are expected to train under the supervision and responsibility of their own club, facility, coach, parents or guardians, as appropriate to their age and status. The Company does not assume duty of care for the day-to-day physical supervision or safety management of participants during sessions. Responsibility for ensuring a safe training environment, adherence to facility rules, emergency procedures and reasonable modifications to training based on participant welfare remains with the participant's club, facility and parents or guardians. Before starting an intensive training programme, a participant should consult their physician or medical doctor to confirm that they are fit to participate in swimming training. This is especially important for participants with any history of medical illness, injury, surgery, respiratory or cardiac symptoms, or any other health concern. A physician's clearance is the responsibility of the participant or their guardian and is not part of the Company's services. If a participant suffers an injury, illness, pain, discomfort or other adverse health event during or after training, the participant or their guardian must notify the relevant club, facility, coach and any medical professionals immediately and seek appropriate medical assessment. The participant should report the incident to the Company through the contact page on our website if the incident may relate to the Company's services or instructions. The Company is not liable for injuries or health issues arising from participation in training, including any injury caused by following Company instructions, training outside the Company's services, or pre-existing conditions. Participants and parents or guardians assume full responsibility for the health and safety consequences of training participation. 6. MINORS Minors (individuals under the age of 18 or as defined by local law) may participate in the Company's services. Minors participate under the authority and supervision of their parents, legal guardians, club, school or other responsible institution. The parent, legal guardian or responsible institution assumes primary responsibility for the minor's health, safety, welfare, fitness to participate and compliance with all rules and requirements. The parent, guardian or institution must provide accurate information about the minor's age, health history and any relevant medical, developmental or behavioural concerns. The Company is not responsible for the supervision, day-to-day welfare or emergency management of minors. Those responsibilities rest with the parent, guardian, club or facility with which the minor trains. Any parental consent, liability waiver, health questionnaire or other legal document required by the Company must be signed by the parent or legal guardian with authority to consent. Parents and guardians are responsible for ensuring that minors comply with all instructions, rules and safety requirements communicated by the Company or by their club or facility. 7. THIRD-PARTY FACILITIES AND EVENTS The Company may deliver services at facilities owned, operated or managed by third parties, including but not limited to swimming pools, hotels, camps and training centres. The Company is not responsible for the safety, condition, suitability or management of third-party facilities. Facilities, equipment and amenities at third-party locations are the responsibility of their owners or operators. Participants assume all risk associated with the use of third-party facilities, including any risk of injury or loss arising from the condition or operation of those facilities. The Company may also refer or direct participants to third-party events, competitions, programmes or services. The Company does not endorse, guarantee or assume responsibility for third-party events or services. Participants or their parents and guardians are responsible for reviewing the terms, safety record and reputation of any third-party event or service before participation and assume all risk associated with third-party activities. 8. RELATIONSHIP TO TERMS OF SERVICE This disclaimer is part of and supplements the Company's terms of service, privacy policy and any service agreement or contract entered into between the Company and a participant, parent, guardian, club or other client. In the event of conflict between this disclaimer and any other document, the terms of the specific service agreement shall control unless otherwise required by mandatory law in the participant's jurisdiction. By using the Company's website or engaging the Company's services, you agree to the terms of this disclaimer. If you do not agree to these terms, you should not use the website or engage the services. The Company reserves the right to update or modify this disclaimer at any time. Changes are effective upon posting to the website. Continued use of the website or services following a change to this disclaimer constitutes acceptance of the updated terms. 9. CONTACT For questions about this disclaimer, our services, health and safety concerns or other matters, please visit the contact page on our website at https://kstswim.com. The Company does not publish a contact email address on the website. All inquiries should be directed through the contact page. The Company is located at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA. The company is a limited liability company incorporated under the laws of the State of New Mexico, USA. Governing Law: This disclaimer and all matters relating to the Company's services are governed by the laws of the State of New Mexico, USA, without prejudice to the mandatory consumer protection laws and rights of your country of residence. If you reside in the European Union, Spain or other jurisdiction with mandatory consumer protection legislation, that legislation is not waived by this disclaimer, and any rights under such laws remain in effect.