This AGREEMENT is entered between MABOCO PTE LTD, a private limited company registered in Singapore under registration number 201629425G and conducting business at 43D Carlisle Road, Singapore 219611. … and trading under the brand "Singafit", here below named “MABOCO PTE LTD”
and the “Client”, the legal representative of the child.
1. ATTENDING KIDS CAMP SESSIONS
- 1. The Client shall ensure that his/her child is properly attired at every Session with comfortable, safe and fitting sports gear and shoes.
- 2. Camp Session may take place indoors or outdoors, depending on the type of training planned for the relevant Session. In the event that any Session cannot commence due to circumstances beyond the MABOCO PTE LTD/ it’s trainer’s control (such as weather-related conditions for outdoor training and unscheduled closure of or disruption at any fitness facilities), the Camp may, at the appointed trainer’s discretion, be cancelled.
- 3. The Client shall ensure that his/her child is medically fit to attend every Session and shall be obliged to seek all medical advice/clearance necessary before attending any and all Sessions. In this regard, the Client warrants and represents that his/her child has no disability, impairment, or ailment preventing him/ her from engaging in active or passive exercise, or that will be detrimental or adverse to his/ her health, safety, or physical condition if he/ she does so engage or participate in the Camp.
- MABOCO PTE LTD shall be entitled to take pictures of and/or film (picture and sound) (hereinafter collectively referred to as “Material”) of all Camp Sessions and the Client’s use of its training facilities and services. The Client hereby irrevocably grants to MABOCO PTE LTD the right to use, reproduce, copy, publish and make such Material available to the public and in this connection, use the Client’s name without any restrictions in terms of time, territory and media and for public relations, press, media and communication and internal purposes.
- 1. The Client understands that participation in the Camp and use of training/sports equipment presents some unavoidable risk of injury, especially to people who have pre-existing or unknown injuries, illness or medical disabilities. The Client hereby releases MABOCO PTE LTD from any and all liability now or in the future, including but not limited to medical expenses, lost wages, pain and suffering, that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/ lower back/ foot injuries and any other illness or injury however caused during or after any Camp Session, excluding those resulting from acts of passive or active negligence on the part of MABOCO PTE LTD.
- 2. The Client specifically agrees that MABOCO PTE LTD shall not be held responsible for any articles lost, damaged or stolen at MABOCO PTE LTD’s premises and agrees that all items stored at MABOCO PTE LTD’s premises is solely at the Client’s risk.
- 3. MABOCO PTE LTD shall be under no liability whatsoever where this arises from a reason beyond its reasonable control or from an act or default of a third party, including but not limited to any other MABOCO PTE LTD client.
- 4. In no event shall MABOCO PTE LTD be liable for any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss were reasonably foreseeable or MABOCO PTE LTD had been advised of the possibility of the Client incurring the same.
- 5. MABOCO PTE LTD ’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or nonperformance under the Contract, shall not exceed 20% of the fees payable under this Agreement.
- 1. Neither Party shall be deemed to have waived any right under this Agreement or Individual Agreement, unless such Party shall have delivered to the other Party a written waiver signed by an authorized officer of such waiving Party. No delay or omission in the exercise of any power or remedy shall be construed to be a waiver of any default or acquiescence therein.
- 2. No variation or amendment of this Agreement or oral promise or commitment related to the same shall be valid unless committed to writing and signed by or on behalf of both parties.
- 3. The Client undertakes throughout the term not to assign, charge or otherwise deal with this Agreement in any way without the prior written consent of MABOCO PTE LTD. MABOCO PTE LTD shall be entitled to assign, charge or otherwise deal with this Agreement without the Client’s consent.
- 4. If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any whatsoever by a court of competent jurisdiction, the illegality, invalidity or enforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.