Sunday Shades - BikeTrial Challenge
Limitation of Liability, Waiver of Claims and Indemnity Agreement (“the Indemnity”)
I, the undersigned, do hereby confirm that I have read and understood the Terms and Conditions contained therein and do hereby warrant by my signature or clicking “I Agree,” if entering electronically, that I consider myself bound by them.
WHEREAS:
1. I have registered with KILK PRODUCTIONS PTE LTD (Sunday Shades) and BikeTrial Singapore (BTS) – “the Organisers”, to participate in the Sunday Shades - BTS organised/sanctioned/supported training session(s)/competition(s) – “the Activity”.
2. My accepted registration will not be transferred to another participant.
Description of Risks
1. In consideration of the activity, I hereby acknowledge that I am participating in an open, outdoors environment with co-participants in an individual or group event, and that I am fully aware of, and have acquainted myself with, the risks and hazards associated with or arising from the aforementioned activity, including but not limited to:
a. the activity is one which will require strenuous physical activity, including, but not limited to cycling on road, on tarmac and/or off road and climbing;
b. will be physical and may be injurious to my health, and my co-participants health and may possibly be life threatening;
c. I will be exposed to possible injury including, but not limited to, bone damage, bloodletting, bruising, amnesia, delirium, hypothermia, snake bites, bee stings, burns and any such other medical ailment or injury;
d. I will at all times be subject to and under obligation to obey the instructions of the Organiser, and its designated representatives, including the Coaches/Technical Officials in particular;
e. I will be participating in an open, outdoors environment subject to unpredictable weather conditions, exposure to wild and unpredictable fauna and flora as well as the sun and the elements including, but not limited to, water, wind and fire, and other dangers over which the Organiser, and its designated representatives, including the Coaches/Technical Officials of the Organiser, have no control and may not have predicted, to the extent that no official or unofficial notification could be communicated to me prior to or during the activity;
f. in the event of emergencies, medical assistance will be provided by authorised medical personnel and I will be liable for all costs thereby occasioned;
g. the range of risks and the degree of danger to me include those mentioned above but many others, some of them not reasonably foreseeable.
2. Furthermore, I am aware and acknowledge:
a. That injuries sustained can be severe, and even life threatening;
b. That I may experience anxiety and/or stress whilst with co-participants in a group;
c. That I may come into close contact, or even direct contact, with my co-participants;
d. That my risk of injury is reduced if I follow all rules established for participation;
e. That it is my responsibility to ensure that I am properly attired and equipped; and
f. That my risk of injury increases as I become fatigued and dehydrated.
Personal Warranties
3. I warrant that my general health, including my physical and mental well-being, is good and there I nothing which renders me unfit to undertake this activity.
4. In amplification of the above, I warrant that I have disclosed any special medical conditions or needs I may have.
5. I warrant that I am physically capable of participating in the activity, and that I am able to cycle to the level required during the activity.
Indemnity
6. I am fully aware that I will face dangers in participating in the activity, including those mentioned above, but in addition dangers unknown to both myself and the Organiser, and I nonetheless hereby indemnify and hold harmless the Organiser, its members, Coaches, Technical Officials, employees, associates, agents, the landowner or landowners, sponsors, contractors and all other service providers acting on their behalf or on their instruction (hereinafter collectively referred to as “the INDEMNIFIED PARTIES”) against any and all claims howsoever arising, for any loss or damage resulting from any bodily injury, disability, psychological harm, loss of life or loss or damage to property, including any such loss, injury, disability or damage which can be attributed to any act or omission on the part of the INDEMNIFIED PARTIES, or my co-participants, which I may sustain whilst participating in the activity and/or travelling thereto or therefrom or whilst participating in any event arranged by or on behalf of the INDEMNIFIED PARTIES in connection with the activity or incidental thereto, and regardless of how such claim may have arisen.
7. I furthermore hereby indemnify and hold the INDEMNIFIED PARTIES harmless against any and all claims which may be made against one or more of the INDEMNIFIED PARTIES, in respect of any matters referred to above, by my Estate, any of my dependents, heirs or beneficiaries, successors-in title or assigns.
Applicable Law and Jurisdiction
8. I agree that the laws of the Republic of Singapore shall apply to this Agreement and Indemnity and that any dispute, issue or claim involving the provisions of this Agreement and Indemnity shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause, as determined by the jurisdiction within which any such dispute, issue or claim arose, to whose jurisdiction I hereby submit. The seat of the arbitration shall be Singapore.
9. In signing this Indemnity I do not rely on any other verbal or written representations, statements or promises made by or on behalf of any or all of the INDEMNIFIED PARTIES, and I furthermore agree that in the event of any provision of this Indemnity being found to be unenforceable or invalid for any reason, then such provision shall be excised from this Indemnity, and the remaining provisions of this Indemnity shall nonetheless be of full force and effect. Nothing contained in this Indemnity shall be amended, altered, varied or cancelled save and unless same has been reduced to writing and signed by or on behalf of INDEMNIFIED PARTIES.
Authority and Waiver
10. I agree that the Organisers, and its designated representatives, including the Coaches and Technical Officials of the activity, shall have full power and authority to, at any stage prior to and/or during the activity, disallow my participation in the activity should they believe this to be in my interests, or the interests of the group with whom I am participating or my co-participants.
11. I agree that should a decision be taken as aforementioned to disallow my participation in the activity, that fees paid by myself in respect of registration, travelling to/from and participation in the activity together with any costs incidental thereto, are non-refundable.
12. I furthermore agree that the Organisers, and its designated representatives, including the Coaches and Technical Officials of the activity, shall have full power and authority to lead the activity, and I will at all times be subject to and obey all instructions, including an instruction to discontinue the activity prematurely, at any time should they believe this to be in my interests or the interests of the group with whom I am participating or any other co-participant.
13. I furthermore appoint such persons to act in my interests, including to procure medical attention and care on my behalf in the event that I am unconscious, or for some other reason unable to act on my own behalf, and I hereby consent to such medical care and indemnify the Organisers and its appointed medical service providers, from any claims which I or my dependants may otherwise have had against them arising therefrom. I acknowledge liability for all these costs. In the event of emergencies, I authorise and instruct the Organiser to contact my next-of-kin as detailed above.
Refund Policy (*If Applicable)
14. In case of force majeure, for example but not limited to war, unrest, natural disaster, fire, storm, high winds, strike, lockout, sabotage by third parties, official order etc., I will not be entitled to a refund and will not hold the Organiser liable for any delay to or non-performance of the agreement which results from this force majeure.
Personal Responsibility
15. I agree that should I leave the activity for any reason whatsoever I will inform a Coach / Technical Official of my decision to do so, prior to leaving the activity.
Declaration
16. When you enter a Sunday Shades - BTS event or program, you enter an area where photography, audio, and video recording may occur. That is, by entering the event premises:
a. you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by the Organisers and its affiliates and representatives. Images, photos and/or videos may be used to promote similar events in the future, highlight the event and exhibit the capabilities of the Organisers. You release the Organisers, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.
b. you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by the Organisers or the person or entity designated to do so by them.
c. You have been fully informed of your consent, waiver of liability, and release before entering the event.
17. You agree that the Organisers may collect, use, share and disclose your personal data, obtained by our organisation with your consent, to our partner to serve you in a most efficient and effective way, unless such sharing is prohibited by the Personal Data Protection Act 2012 or other relevant legislation.
IN SIGNING THIS INDEMNITY, I also warrant that I am an adult of sound mind and that I am aware of my right to take legal advice in regard to the contents thereof and I declare that I have read through the Indemnity and I know and understand its terms and the consequences thereof and fully agree to bind myself to these provisions.
By submitting this form, you are agreeing to the terms of this agreement in its entirety.