Assumption Of Liability And Waiver Terms
Star Tennis makes available sporting services and facilities to you and minors in your charge subject to the terms set out below (“Terms”). The services and facilities provided include, but are not limited to, Tennis classes, Private Tennis Classes, Group Tennis Classes, Corporate Tennis events, Tennis courts and other sporting and recreational activities (“Services and Facilities”) at and around Singapore.
Assumption of Risks
You understand and agree that the use of Services by Star Tennis is inherently risky and hazardous, and may result in injury or death including cuts and bruises, falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heart attack, heat exhaustion and permanent disability (“Risks”). You knowingly and voluntarily accept and assume any and all Risks that may be suffered by you or minors in your charge from the use of the Services by Star Tennis.
Proper Health and Condition
You understand and agree that the use of Services by Star Tennis requires the user to be in good physical condition and free from medical conditions that may prevent or affect the safe and reasonable use of the Services (“Proper Health and Condition”). The Services shall not be utilized by anyone not in Proper Health and Condition. Star Tennis Admin shall be notified in the event that there is a reasonable belief that anyone utilising our Services may not be in Proper Health and Condition. Please seek medical advice if you are unsure if you are in Proper Health and Condition for the use of the Services and Facilities. You agree to pay the cost of and authorise Star Tennis to take all steps it considers reasonably necessary to protect your welfare and the welfare of minors in your company in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
You (as “Indemnifying Party”) shall indemnify, hold harmless, and defend Star Tennis and its officers, directors, employees, independent contractors, coaches, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims (including any claim brought by or on behalf of a minor in your charge against Star Tennis), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to (i) breach or non-fulfillment of any obligations by you or any minors in your charge of these terms; (ii) any negligent or more culpable act or omission (including any reckless or willful misconduct) by you or any minors in your charge including but not limited to any breach of your duty to care and supervision of minors; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you or any minors in your charge (including any reckless or willful misconduct); (iv) any failure by you or any minors in your charge to comply with any applicable laws, regulations, or codes in the use of Services and Facilities.
Waiver of Claims
To the fullest extent permitted by law, you hereby expressly agree to waive, relinquish, discharge, release and covenant not to sue Star Tennis, its members, officers, directors, employees, independent contractors, coaches, agents, insurers and attorneys (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that you may have against the Released Parties arising out of, or in any way related to your use of the Services and Facilities. To the fullest extent permitted by law, you hereby expressly agree on behalf of any and all minors in your charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their use of the Services and Facilities.
You represent and warrant that you are at least 18 years old, and have the full power, capacity and authority to enter into these Terms on your own behalf, and if applicable, on behalf of any minors in your charge as their parent, legal guardian or other duly authorized agent. If any portion of these Terms is found to be void or unenforceable by Singapore law, the remaining portion shall remain in full force and effect. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Singapore. Each party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms including its subject matter or formation.