General Disclaimer and Release of Liability Form
We at TinyWhale strive to provide a safe environment for all our service providers and users. Therefore, you as our user agree to the following terms in order to keep yourself (and others!) safe.
- Terms and Conditions
You, the user:
- Must obey at all times any directions or instructions given by your service provider, and understand that they reserve the right to refuse you their services if you don’t comply;
- Must behave courteously at all times – disorderly or aggressive behavior is strictly prohibited;
- Must not in any circumstances abuse the facilities, your service provider or equipment (you’ll have to pay for any damages you cause);
- If required, must present your photo identification for verification purposes;
- Understand that a parent or guardian signing up on behalf of a minor shall be solely responsible for all actions of the minor. All terms and conditions set out herein shall apply to the minor as if said minor had signed the application form, and the parent or guardian is responsible for ensuring that the minor adheres to these;
- Understand that the service provider may postpone, cancel, interrupt or stop, or deny access to any classes and/or programmes for any dangerous situation, maintenance works or any other causes without notice;
- Understand that no refund is available for any classes/programmes which are not attended by the User. Any form of refund shall be at the sole discretion of the service provider;
- Confirm that you have attended all required training sessions/briefings/safety sessions and are fully aware of all rules and regulations for participating in any activity;
- Agree that in the event of any dispute, the decision of TinyWhale is final.
- Acknowledge that should there be a change in your medical condition during the course of the programme, you will need to update the service provider accordingly.
- Disclaimer and Release from Liability
Physical Condition and Risk of Injury: I, the user, hereby:
- Knowingly and voluntarily agree, being of legal age and capacity, to the present form and to the terms outlined herein.
- Acknowledge that participating in the service provider’s activities involves a risk of personal injury to myself and damage of property belonging to others and myself. I hereby agree that I am a voluntary participant in physical exercise and training and instruction by service provider, and I am assuming all risks of injury or abnormal body changes from these activities.
Waiver and Release from Liability
All warranties, conditions and other terms implied by statute or common law are hereby, to the fullest extent permitted by law, excluded. I warrant, represent and agree that:
- I am in good health and have no physical conditions that affect my ability to participate in any activity conducted by the service provider and have not been advised otherwise by a medical practitioner.
- I hereby personally assume any and all risk from participating in any activity / programme.
- I agree to indemnify, defend and hold harmless TinyWhale and its employees, agents, contractors, instructors and volunteers from and against any claims, causes of action, damage, judgments, liabilities, fines imposed, fees (including legal fees), costs and expenses incurred by them as a result of my actions or failure to act during any activity.
- In the event of an accident or illness requiring urgent medical treatment, I give permission to receive any emergency dental, medical or surgical treatment, including anaesthetic or blood transfusion, as considered necessary by the medical authorities present.
- I assume all risks from my participation including without limitation the risk of any negligence or recklessness by other participants. I understand that there may be risks involved which are not known to me or to TinyWhale at this time, or the time of the activities in which I may participate and agree to assume such unforeseeable risks.
Consent to Photography / Video
I give consent to TinyWhale and the service provider to use my images from any photo / film shoots and waive all rights to the images. This includes reproductions or adaptations of the images for general purposes (e.g. website, promotions and articles). I can ask TinyWhale and/or service provider, as the case may be, to stop using my images at any time. I understand that Section B (Disclaimer and Release from Liability) is legally binding and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions of this form found to be unenforceable shall not affect the validity or enforceability of any other provisions, which may be modified by a court having jurisdiction.
I have carefully read this form and agree to Section A (Terms and Conditions) and Section B (Disclaimer and Release from Liability) and fully understand this as a release of any and all future claims or rights of whatsoever nature against TinyWhale including but not limited to injury or risk of injury resulting from activities while using the services.