Electronic Signature Consent * PLEASE READ THIS RELEASE CAREFULLY. PARTICIPATION IN LIFE SKILLS AND ADVENTURE CAMP AND OTHER ACTIVITIES HELD AT VARIOUS LOCATIONS IN SINGAPORE CITY, INVOLVES INHERENT AND SOME TIMES UNAVOIDABLE RISK. BY SIGNING THIS AGREEMENT, YOU ARE AGREEING TO ASSUME SUCH RISKS AND ARE FURTHER AGREEING TO EXCUSE THE COMPANY FROM ANY LIABILITY ASSOCIATED WITH ANY INJURY OR HARM YOU OR YOUR CHILD MAY ASSUME.
I, the undersigned, wish to personally participate, or allow my child to participate, in the Life Skills and Adventure Camp, events, or other activities (“Activities”) offered by GrowthWerks, a Singapore Private Limited Liability Company (“Company”) and it's entities. As such, and as consideration in exchange for being allowed to so participate, I agree to the following:
1. Assumption of Risk. I acknowledge and fully understand that I/my child/ren will be engaging in activities that involve known and unknown risks, hazards and danger, whether inherent or not, and participation could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. Inherent hazards and risks include but are not limited to serious neck and spinal injuries which may result in complete or partial paralysis, brain damage, serious injury to virtually all internal organs, serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects body, general health and well-being. I understand that the dangers and risks of practicing or competing in these activities may result not only in serious injury and seriously impact social and recreational activities and generally to enjoy life. I expressly assume all risks of injury or property loss (“Losses”), whether self-caused or caused by someone else, that may occur in connection with my child/ren participation. If I am signing on behalf of my child, then I am agreeing to have my child/ren assume the risks of Losses as stated herein.
1. Release of Liability. To the maximum extent allowable by law, I release, waive, discharge, and agree not to sue or file any sort of claim or lawsuit against, or seek compensation or damages from, Company, its parent company, subsidiaries, related and affiliated entities, its owners, officers, employees, volunteers or agents (collectively "Releasees") from demands, losses, or damages on account of any bodily injury, death or property damage caused, in whole or in part by Releasees or any other party's acts, omissions, actions, in actions, negligence, gross negligence, strict liability, or otherwise in connection with my child/rens participation in any and all phases of the Activities, or while they, or the Participant are in, upon, or about the premises or any facilities or equipment therein.
3. Indemnification & Hold Harmless. I also agree to defend, indemnify, and hold harmless Releasees from any and all third-party claims caused in whole or in part by my actions or in actions. My obligation to defend, indemnify and hold harmless Releasees shall include the payment of reasonable attorney fees incurred for the defense of Releasees or any one of them. I am also agreeing to indemnify and hold Releasees harmless from and against any claims that I, or my child, may have against Releasees.
4. Consent for Emergency Treatment. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Company or its representatives may deem reasonably appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency. I am consenting to emergency medical care and transporting on his/her behalf, at my own expense.
5. Performance. The Company will be exempt from liability for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. In the even that Company is unable to perform the services as agreed, wherever possible, Company will at their discretion, provide fair and equitable provision by way of make-up classes, credit or refund less reasonable expenses.
6. PDPA. In accordance with the Singapore Authorities, Company will collect personal data of attendees for purposes of contact tracing and other response measures in the event of an emergency. https://www.pdpc.gov.sg/
7. Photography. I agree that the Company may use my personal likeness (or that of my child), in the form of still photographs or videography, to promote or market the Activities and I waive my inherent right to personal privacy and/or otherwise applicable right to compensation or royalties for such use.
8. Choice of Laws. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws in the Republic Of Singapore and are to be interpreted under the laws of the Republic Of Singapore. I agree that venue for any lawsuit related to this agreement or to my, or my child’s, participation in Activities shall be proper only in the courts in Singapore.
9. Severability. If any portion of this agreement is interpreted by a competent court to be unlawful or unenforceable, then such part shall be removed and the remaining provisions of this agreement shall continue in full legal force and effect.
9. Mediation/Arbitration. I further agree that if a legal dispute arises, I will attempt to settle the dispute through mediation before a mutually acceptable mediator whose name appears in the registry of names recognized by the Singapore courts as qualified persons for mediation assignments. To the extent mediation does not result in a resolution, I agree to submit the dispute to binding arbitration through the Singapore Arbitration Group.