INDEMNIFICATION AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
BY CARRYING ON WITH THIS TRANSACTION, YOU ARE PROVIDING YOUR WAIVER AND CONSENT TO THE BELOW MENTIONED TERMS
- In consideration of the services and facilities offered and/or provided by TwentyTwo Holdings Pte Ltd, its employees, directors and agents, and all other persons or entities acting in any capacity on behalf thereof, I hereby acknowledge and agree to the following terms in this document (“Waiver and Consent”):
CAPACITY AND AUTHORITY
- I am accepting and agreeing to this Waiver and Consent on behalf of myself and on behalf of the listed participants under the age of 18 (“minors”) as their parent, legal guardian, custodian, or other duly authorised agent
- In relation to the minors listed below, I represent and warrant that I have full capacity, authority and power to accept the terms of this Waiver and Consent on their behalf in my charge as their parent, legal guardian, custodian or other duly authorised agent.
ASSUMPTION AND ACKNOWLEDGEMENT OF ALL RISKS
- TwentyTwo Holdings Pte Ltd is the supplier of the recreational services and facilities offered and/or provided by TwentyTwo Holdings Pte Ltd at its premises (“The Par Club Singapore”) including, but not limited to, indoor golf simulation, indoor putting green usage and/or any equipment or item on the The Par Club Singapore, the use, rental or maintenance of any item or equipment on, and the use of, any The Par Club Singapore facilities.
- I acknowledge and understand that the activities at The Par Club Singapore could be inherently risky and hazardous. Such risks could include, but are not limited to, cuts and bruises, abrasions, falls, broken bones, injuries to wrists, arms, legs, ankles, back, head and neck, injuries from contact with other participants, spinal injuries, other serious injuries, whiplash, concussions, heat exhaustion, permanent disability and/or even death. TwentyTwo Holdings Pte Ltd has taken all reasonable measures to ensure that the facilities at The Par Club Singapore are constructed in compliance with industry safety standards and are maintained routinely with a view to minimise such risks as far as possible. However, I understand that these risks cannot be eliminated without jeopardizing the experience and usage of facilities at The Par Club Singapore. As such, I voluntarily accept and assume all risks that may result from the use or misuse of the facilities at The Par Club Singapore and participation in The Par Club Singapore activities, including the use of equipment that may malfunction or break, and have explained these risks to the minors.
WAIVER, RELEASE AND DISCHARGE
- To the fullest extent permitted by law, I hereby expressly agree to waive, discharge, release and covenant not to sue TwentyTwo Holdings Pte Ltd from any and all claims, demands, causes of action, obligations, rights, judgments, damages, debts, fees, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, that you may have against TwentyTwo Holdings Pte Ltd arising out of, or in any way related to your use of the facilities at The Par Club Singapore or your participation in the activities at The Par Club Singapore in respect of:
- any personal injury or death in any way whatsoever caused by or relating to my participation in such activities howsoever caused, save and to the extent found to be directly caused by TwentyTwo Holdings Pte Ltd’s negligence; and
- any other loss or damage (including any property damage), howsoever caused, incurred by me or other participants at The Par Club Singapore while participating in the activities at The Par Club Singapore or using the The Par Club Singapore facilities, including but not limited to damage resulting from TwentyTwo Holdings Pte Ltd’s negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others.
INDEMNITYI agree to indemnify, defend and hold harmless TwentyTwo Holdings Pte Ltd against any and all losses, claims (including any claim brought by or on behalf of a minor in my charge against TwentyTwo Holdings Pte Ltd), proceedings, damages, actions, judgments, liabilities (whether joint or several), costs (including legal fees), expenses, or settlements, that are incurred by TwentyTwo Holdings Pte Ltd, arising out of or related to:
- my own breach or non-compliance with the Terms and Conditions, rules and policies of TwentyTwo Holdings Pte Ltd
- my own negligence, omission, act, conduct or behaviour whilst participating in the activities at The Par Club Singapore or using the The Par Club Singapore Facilities at the The Par Club Singapore (including but not limited to any breach of my duty of care to supervise the minors under my charge);
- any bodily injury, death of any person, or damage to real or tangible personal property caused by my own negligence, omission, act, conduct or behaviour; or
- my failure to comply with any applicable laws or regulations whilst participating in the activities at The Par Club Singapore or using the The Par Club Singapore facilities at The Par Club Singapore.
AGREEMENT AND ACKNOWLEDGEMENT
- I agree that I will use the facilities at The Par Club Singapore in a responsible manner, and with respect for my own safety and the safety of others. I acknowledge that I may be liable to other individuals for their injuries, if such injuries arise from my irresponsible, deliberate or reckless behaviour. I agree to pay for any damage caused to any part of the facilities at The Par Club Singapore as a result of my irresponsible, deliberate or reckless behaviour. I agree to pay the cost of and authorise TwentyTwo Holdings Pte Ltd to take all steps it considers reasonably necessary to protect my welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation. Where I am responsible for a minor (whether as parent, legal guardian, custodian or other duly authorised agent), I agree to be bound by this Waiver and Consent on the minor’s behalf. I take responsibility for the minor’s safety and undertake to directly supervise him/her at all times.
PROPERTY AND BELONGINGS
- TwentyTwo Holdings Pte Ltd takes no responsibilities for any lost, stolen or damaged personal property, brought into or stored in our premises.
AUTHORISATION TO USE IMAGES AND PERSONAL INFORMATION
- I/we acknowledge and understand that other individuals at The Par Club Singapore may use or operate videography and/or photography devices (such as camera phones, cameras and video cameras), and agree that TwentyTwo Holdings Pte Ltd has no control over, and is not responsible or liable for, any images which may be captured by such devices, and how such images may be used, processed or disclosed.
I understand and agree that all services and facilities offered and/or provided by TwentyTwo Holdings Pte Ltd must be utilised in a safe and responsible manner, in accordance with all signs, notices, directions, instructions or requests of TwentyTwo Holdings Pte Ltd. I acknowledge that TwentyTwo Holdings Pte Ltd reserves the right (in its sole and absolute discretion) to suspend or cancel any person’s access to any The Par Club Singapore activities and/or any The Par Club Singapore Facilities, without refund or compensation, for non-compliance with any of The Par Club Singapore’s Terms & Conditions, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at The Par Club Singapore, or if TwentyTwo Holdings Pte Ltd considers that the circumstances so require.
- With safe distancing measures in place, I acknowledge that there shall not be inter-mingling of groups at any point in time within The Par Club Singapore.
Each of the terms of this Waiver and Consent shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Terms & Conditions, the relevant terms of this Waiver and Consent shall prevail.
- Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
- This Waiver and Consent shall be governed by and construed in accordance with the laws of Singapore and the courts of Singapore shall have exclusive jurisdiction over any dispute arising in connection with this Waiver and Consent.
- By proceeding with my booking and/or use of The Par Club Singapore’s facilities and/or services, I, for myself and/or for the listed minors as their parent, legal guardian, custodian, or other duly authorised agent, confirm that I have carefully read this Waiver and Consent, fully understand its terms, and agree to it freely and voluntarily.
- I understand that I, and the listed minors, have given up substantial rights by agreeing to it, and agree to be bound by its terms for myself and on behalf of the listed minors.
- I certify and confirm that all information I have provided is accurate and true.