ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENTTo: SportQuest Pte. Ltd. (“SportQuest”) and its respective directors, officers, employees, instructors, agents, representatives, independent contractors, subcontractors, owners, managers, members, shareholders, successors, affiliates, assigns (all of whom are hereinafter collectively referred to as the “Released Parties”).
In consideration of being permitted by SportQuest to participate in its activities and to use its equipment and facilities, I, the undersigned, hereby acknowledge and agree to the Assumption of Risks Release of Liability, Waiver of Claims and Indemnity Agreement as follows:
1. I, hereby acknowledge and confirm that I am at least 18 years of age.
2. I declare and certify that I am in good physical and health conditions to participate in all activities, which I will be participating in at SportQuest and I certify that I do not have any medical condition that may preclude me from participating in the activities safely.
3. I agree to be bound by the rules, terms and conditions of SportQuest and to be fully responsible for the care and custody of any rented equipment of SportQuest, Snow Venture Pte Ltd and equipment loaned from SportQuest instructors. I agree to return all rented and/or loaned equipment at the end of the session/lesson. I agree that the use of rented and/or loaned equipment shall be limited to within the designated areas only.
4. Where applicable, I declare that I am the legal guardian/custodian for person(s) below the age of 18 years (also known as “Minor(s)”) and that I have the legal authority to grant consent for the Minor(s) to participate in activities at SportQuest. I declare and certify that I and/or the Minor(s) are in good physical and health conditions to participate in all activities which I and/or the Minor(s) will be participating in at SportQuest and I and/or the Minor(s) do not have any medical condition that may preclude me and/or the Minor(s) from participating in the activities safely.
5. I also hereby acknowledge, agree and represent that if at any time I feel anything to be unsafe for myself and/or the Minor(s), I will immediately advise the Released Parties managing/handling the activities at SportQuest accordingly and I shall immediately stop my and/or the Minor'(s) participation for all activities at SportQuest.
6. I am aware and accept that SportQuest has the right to remove any participants who are rowdy, misbehave or drunk from participating or continuing to participate in the activities and from the premises.
RISKS AND WARNINGS
7. I am aware and understand that skiing, snowboarding, snowskating, inline skating and other sports organized by SportQuest are HAZARDOUS activities. I also understand these sports carry inherent and other risks of injuries to any part of the user's body, including death, that reasonable care, caution instruction and expertise cannot eliminate. I further understand that injuries are common and ordinary occurrences during these activities. I hereby agree to freely, voluntarily and expressly ASSUME and accept any and ALL RISKS of any injury to any part of the user's body while skiing, snowboarding and any other form of activity while in the premises of Snow City, however caused.
8. I am aware and understand that all equipment belonging to SportQuest or its instructors do NOT ELIMINATE THE RISK of injuries and/or loss of use to any part of my body. I understand that the sport equipment provided to me by SportQuest and instructors DO NOT PROTECT against injuries and/or loss of use to any part of my body including the wrist, knee, ankle, elbow, shoulder, or head.
9. I am aware and acknowledge that the Released Parties have explained the risks to the undersigned before engagement in the activities. I am informed and advised that for safety reason, I should remove personal items such as watches, jewellery, rings, necklaces, earrings, and any sharp objects on my body before engagement in the activities. 10. I have been told and advised that for safety reason and to prevent injury, it is compulsory to put on all protective gear such as helmets made available to me/us. I am also to ensure that the Minor(s) is/are similarly required to put on protective gears such as helmet for safety and to prevent injury.
ASSUMPTION and ACKNOWLEDGEMENT OF ALL RISKS
11. I acknowledge that I have explained the risks to the Minor(s). I and/or the Minor(s) am/are aware and acknowledge that my and/or the Minor’(s) participation in SportQuest Pte. Ltd. entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing or compromising the essential qualities of these sports activities.
12. I, the undersigned adult listed below, on my own behalf and/or on the behalf of the Minor(s), agree to INDEMNIFY AND HOLD HARMLESS SportQuest, its instructors, management, employees and affiliated corporations for any injuries, damages and loss of property to me and/or other users whether or not such injuries or damages are caused by the NEGLIGENCE of SportQuest, its instructors or by any third party. I agree NOT to make a claim against or sue SportQuest, its instructors for ANY and ALL injuries, damages or loss of property relating to the use of the facilities, equipment, skiing, snowboarding or other sports and from any activity while I am within the premises of Snow City and I accept full responsibility for those injuries or damages, howsoever caused.
13. Where applicable, I agree not to hold SportQuest responsible for any injury throughout an overseas trip organized by SportQuest. I shall be responsible to purchase my own travel insurance.
AUTHORIZATION TO USE IMAGES, VIDEOS AND PERSONAL DATA PROTECTION
14. I hereby grant SportQuest Pte Ltd unconditional rights to use video and photographic images of me and/or on the behalf of the Minor(s) that may arise out of our participation in the activities or use of facilities in SportQuest Pte Ltd premises. I understand that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by SportQuest Pte Ltd. I acknowledge and agree that the rights granted to this release are without compensation of any kind.
15. I hereby agree, acknowledge and confirm that I am aware that SportQuest Pte Ltd collects personal information about me such as my name, telephone number, identification number, address, date of birth, email address, for the purposes of communicating with me, conducting research, marketing and promotional activities in relation to its business operations. Unless I advise otherwise, I hereby consent to receiving future promotional and marketing material from SportQuest Pte Ltd, including via electronic messages (e.g. email, SMS etc.).
16. This Agreement constitutes the final and entire agreement between SportQuest, its ski/snowboard instructors and the undersigned. I am aware that this is a binding contract, which provides a comprehensive release of liability. However, it is not intended to assert any claims and/or defenses that are prohibited by law. I AGREE THAT THE FOREGOING AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW, AND THAT IF ANY PORTION OF PARAGRAPH IS HELD INVALID, THE REMAINDER CLAUSES SHALL CONTINUE TO BE IN FULL FORCE AND LEGAL EFFECT.
17. By filling up the form hereunder, I, on my own behalf and/or on the behalf of the Minor(s), confirm that I have read and fully understood the contents of this Agreement. I declare that the submission of this e-waiver shall be deemed as an irrevocable and unconditional agreement to the terms and conditions of this Agreement (which I irrevocably and unconditionally confirm are fair and unreasonable) and as a complete and unconditional release of all liability to the fullest extent allowed by Singapore Law.
18. I agree that the terms and conditions of this documents shall be governed by and construed in accordance with the laws of Singapore.
* Requirede-WaiverBy filling up the form hereunder, I, on my own behalf and/or on the behalf of the Minor(s), confirm that I have read and fully understood the contents of this Agreement.