Assumption of Risk, Release from Liability and Indemnification
Agreement
My child, is not yet 18-years-old and will
participate in the
College Squash Clinics, from August 20-21, 2022 operated
by Pinnacle Squash, LLC, and Sharon Wee Squash Pro at the National Squash Center (NSC), Bukit Jalil. This Agreement covers all aspects of my
child’s participation in the Program.
1.
Program Risks. I understand that
participation in the Program involves risks that Pinnacle Squash and Sharon Wee Squash Pro cannot eliminate,
including, among others, risk of property damage, illness, bodily injury,
permanent disability, and death.
2.
Assumption of Risk. I
understand and acknowledge that there are inherent risks associated
with the Activities and these risks include but are not limited to:
(a) minor injuries such as cuts and bruises, sprains and muscle strains;
(b) broken bones, joint injuries, concussion, head and neck injuries;
(c) injuries resulting from flips or bodily contact with other participants;
(d) eye injuries, spinal injuries resulting in paralysis and/or death;
(e) injuries resulting from use or misuse of equipment in any way;
(f) use of equipment that malfunctions or breaks; and
(g) improper maintenance of the facility and equipment.
For
my own safety and the safety of other participants and to avoid any
untoward injury to myself, I will comply with all notices and all
directions, instructions or requests that may be posted, given or made
by the NSC floor staff. I hereby agree to assume all risks of personal
injury, death, theft or loss or damage of property arising out of my own
negligence, acts, omission, conduct or behavior whilst participating
in the Activities.
I
understand and acknowledge that Pinnacle Squash and Sharon Wee Squash Pro reserves the right to deny
admission or to require a person already admitted to leave the premises
without refund or compensation, for failure to comply with any of Pinnacle Squash and Sharon Wee Squash Pro notices, directions, instructions or requests, for unsafe, illegal or
offensive behavior, to ensure the safety, security or order at Pinnacle Squash and Sharon Wee Squash Pro or
if Pinnacle Squash and Sharon Wee Squash Pro considers that the circumstances so require.
3.
Release. I hereby waive, release and
discharge Pinnacle Squash and Sharon Wee Squash Pro and its affiliates, directors, shareholders, all employees
of Pinnacle Squash, Sharon Wee Squash Pro and all third party agents and contractors engaged by Pinnacle Squash, Sharon Wee Squash Pro, the
property owner and its tenants from any and all liability, for any
negligence, personal injury, death, theft or loss or damage of property
suffered by me, arising from the acts or omission of the aforesaid
entities or persons. This release is binding on my personal
representatives, executors, heirs and estates and the personal
representatives, executors, heirs and estates of any child/minor.
4.
Indemnification. I agree to indemnify and hold harmless Pinnacle Squash and Sharon Wee Squash Pro and its affiliates, directors, shareholders, all employees of Pinnacle Squash and Sharon Wee Squash Pro and
all third party contractors engaged by Pinnacle Squash and Sharon Wee Squash Pro, the property owner and its
tenants against all and any losses, claims, proceedings, damages,
liabilities, whether joint or several, costs and expenses including
reasonable legal fees as a result of my own negligence, omission, act,
conduct or behavior whilst participating in the Activities or arising in
connection with or as a result of me (or anyone on my behalf) making a
claim against Pinnacle Squash and Sharon Wee Squash Pro despite the waiver, release and discharge I have given
above.
5. Medical Declaration: I
declare that I am physically fit and know of no medical condition which
would prevent me or any child/minor for whom I am responsible and on
whose behalf I am signing this release from participating in the
Activities. I hereby consent to receive medical treatment which may be
deemed advisable in the event of injury, accident and/or illness
resulting from participating in the Activities. I confirm that I have
medical insurance to cover any injury or damage that I or any such child
may incur or suffer while participating in the Activities, failing
which I agree that all medical costs to cover the aforesaid injury or
damage will be borne wholly by myself.
6. Authorization to use images & personal information:
I understand that photographs, film, video or recording may be taken of
me and I hereby agree to allow the same to be used by Pinnacle Squash and Sharon Wee Squash Pro for any
purpose in connection with the activities at Pinnacle Squash and Sharon Wee Squash Pro and I acknowledge and
agree that no payment of any kind will be paid to me and that all
photos, film, videos and recordings are exclusively owned by Pinnacle Squash and Sharon Wee Squash Pro.
7. Severability:
Any provision stated herein which is illegal, void, prohibited or
unenforceable will be ineffective to the extent of such illegality,
voidness, prohibition or un-enforceability without invalidating the
remaining provisions hereof.
Declaration by Participant:
(i) I have read and understood all the terms and conditions stated above;
(ii) I have read and understood the contents of the Pinnacle Squash and Sharon Wee Squash Pro posted on this website and I will comply with these rules; and/or
(iii) I am a parent/guardian and am buying a slot(s) for and on
behalf of other persons including minors and I declare that I have
disclosed to these persons and/or minors the contents of the terms and
conditions and the Pinnacle Squash and Sharon Wee Squash Pro as provided here.
I
/ We am purchasing this slot for the use of the squash clinic and courts at the Bukit Jalil National Squash Center venue on behalf of another person, and I /
We agree that that the purchase is made as the authorized agent or
representative of that person so that he/she/they will be bound by these
Terms and Conditions.
Terms and Conditions
I
/ We hereby agree to Pinnacle Squash and Sharon Wee Squash Pro Waiver and Release of Liability and
the Terms and Conditions.
I
/ We also understand that booking payments are non-refundable,
non-transferable and are only valid for the date, time and session
booked.
COVID-19 Liability Waiver
I
acknowledge the contagious nature of the Coronavirus/COVID-19 and that
the Ministry of Health Malaysia (MOH) and many other public health
authorities still recommend practicing social distancing.
I
further acknowledge that SHARON WEE SQUASH PRO AND THE NATIONAL SQUASH CENTER has put in
place preventative measures to reduce the spread of the
Coronavirus/COVID-19.
I further acknowledge that Pinnacle Squash and Sharon Wee Squash Pro can not
guarantee that I, or any of my family Members or friends etc will not
become infected with the Coronavirus/Covid-19.
I understand that
the risk of becoming exposed to and/or infected by the
Coronavirus/COVID-19 may result from the actions, omissions, or
negligence of myself and others, including, but not limited to, any
guests staying at Pinnacle Squash and Sharon Wee Squash Pro.
I voluntarily choose to stay at The National Squash Center and
acknowledge that I may possibly be increasing my risk to exposure to the
Coronavirus/COVID-19.
I acknowledge that I must comply with all set procedures to reduce the spread while staying at the National Squash Center.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness
of breath or difficulty breathing, fever, chills, repeated shaking with
chills, muscle pain, headache, sore throat, or new loss of taste or
smell.
* I have not traveled internationally within the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet
cleared as non contagious by state or local public health authorities.
* I am following all MOH recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
Terms and Conditions
I
hereby release and agree to hold Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center harmless
from, and waive on behalf of myself, any of my family members or friends
or guests any and all causes of action, claims, demands, damages,
costs, expenses and compensation for damage or loss to myself and/or
property that may be caused by any act, or failure to act of Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center.
I
understand that this release discharges Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center any
liability or claim that I, my family members, or any personal guests
may have against Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center with respect to any bodily injury, illness, death,
medical treatment, or property damage that may arise from, or in
connection to, my stay and/or visit to Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center.
This liability waiver and release extends to Pinnacle Squash, Sharon Wee Squash Pro and The National Squash Center together with all CUSTOMERS.
PLEASE PRINT YOUR NAME and DATE BELOW
