“THE WINDSURFING SHOP PTE LTD” (Biz Reg: 199605091M) aka WindKiteSurfSUP Singapore
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS, READ IT CAREFULLY!
Every person MUST Read, Understand, Complete in Full and Sign this Waiver Prior to Participating in Sports Activities
(including Stand Up Paddling, Windsurfing, Foiling, Surfing & other Sports) in the sea or river or swimming pool or where activities are held.
The following waiver of all claims, release from all liability, assumption of all risks and other terms of this agreement are entered into by me (“the Participant”) with and for the benefit of: The Windsurfing Shop Pte Ltd, Windsurfing, Kitesurfing & SUP Singapore, its directors, officers, employees, volunteers, coaches, officials, business operators, agents and site property owners or Occupiers (the “Organization”). Occupiers is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation applicable to the Province or Territory in which the Sports Activities are provided by the Organization.
- “Sports Activities” includes but is not limited to contact and non-contact sports, fitness activities, personal training instruction and activities, use of facilities, use of RENTAL EQUIPMENT and Sports programs and services provided to the Participant by the Organization.
- I am aware that there are inherent and significant risks (“Risks”) associated with the participation in Sports Activities including Stand Up Paddling, Windsurfing, Surfing in the sea or Physical Training in the Gym or Cycling. I am aware the those Risks include but are not limited to the potential for serious personal injury caused by any event or any condition of the facility or equipment where Sports Activities are provided by the Organization, and health risks such as transient light-headedness, fainting, abnormal blood pressure, chest discomfort or breathlessness, muscle cramps or soreness, and nausea or sea-sickness. I understand the Risks are relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in Sports Activities. I would declare my health condition/injuries to my instructors/coach prior to a class. I accept that due to the nature of sea-sports, the possibility of scratches and bruises may occur.
- I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in Sports Activities. I agree that although the Organization has taken steps to reduce the Risks and increase safety of the Sports Activities, it is not possible for the Organization to make the Sports Activities 100% completely safe, especially in the presence of natural elements such as waves, wind, shorebreak and marine animals or behaviour of fellow participants. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Sports Activities.
- I acknowledge my obligation to immediately inform the nearest Instructor/Coach/employee or others of the Organization if I feel any pain, discomfort, fatigue or other symptoms that I may suffer during and immediately after my participation in Sports Activities. I understand that I may stop participation at any time, and I may be requested to stop by an employee or others of the Organization who observes any symptoms of distress or abnormal response.
- I confirm that I have reached the age of majority in the province or territory in which I am participating in Sports activities, or, if a minor, have a signed parental consent form)
- In addition to consideration given to the Organization for my participation in Sports Activities, I and my heirs, next of kin, executors, administrators and assigns, (collectively my “Legal Representatives”), agree:
a. to waive all claims that I may have in the future against the Organization;
b. to release and forever discharge the Organization from all liability for all personal injury, death, property damage, or loss resulting from my participation in the Sports Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error of judgment of the Organization; and
c. to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Sports Activities.
- I agree that this waiver and all terms contained within are governed exclusively by the laws of Singapore, the state in which Activities are provided to me by the Organization. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Singapore. Any litigation to enforce this waiver must be instituted in Singapore in which the Sports Activities are provided by the Organization.
- I confirm that I am a competent swimmer and have no existing injuries.
- I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself and my Legal Representatives.
Today's Date: July 25, 2021