Terms and Conditions and Release of Liability
In consideration for being a participant in the boot camp, group fitness classes, personal training sessions and/or any other related fitness activities including but not limited to Yoga, Pilates, weight-bearing exercises, and body-weight exercises (individually and collectively, the “activity”) organized and operated under the brand name Victoria Rose (from here forward referred to as Victoria Rose) as well as the benefits that I will derive from my participation in the activity, I hereby represent and agree with, and for the benefit of Victoria Rose and the Released Parties (as defined below), as follows:
(a) I am physically fit and able to participate in the activity; I am in good health, I am not pregnant, and I am unaware of any medical condition which might make my participation inadvisable. If otherwise, I declare I have received the approval from my medical practitioner for my participation in such activity.
(b) I have no pre-existing physical limitation or condition, medical and otherwise, which may be aggravated or harmed by my participation in the activity. If otherwise, I declare I have received the approval from my medical practitioner for my participation in such activity.
(c) I acknowledge my responsibility to acquire and maintain, during the period of each activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the activity.
(d) I hereby represent that I have such insurance coverage in effect as of the date of my participation in the activity. I understand that Victoria Rose carries no insurance coverage of any kind whatsoever for any participant and that I am solely responsible for securing my own health, personal, or accidental insurance coverage.
(e) I acknowledge that I have had the opportunity to ask representative(s) of Victoria Rose any questions that I may have about the Activity (including but not limited to the various activities that comprise the activity) that I believe are necessary in order to decide whether I am able to participate in the activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.
Assumption of Risk. I acknowledge that my participation in the activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, broken bones, torn ligaments and concussions to (c) catastrophic injuries including paralysis and death.
Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue Victoria Rose, their owners, managers, members, employees, partners, sponsors, volunteers, agents, advisors, contractors, consultants, attorneys, accountants and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the activity, the equipment used during the activity (whether provided by Victoria Rose, a third party or myself) and the building or facilities where the activity was located.
I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my participation in the activity, the equipment used during the activity (whether provided by Victoria Rose, a third party, or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
Name, Image, and Likeness. I hereby grant to Victoria Rose, its owners, its licensees, successors and assigns, the right to take action photographs and/or videotape me during my participation in the activity and further grant Victoria Rose the right to display, reproduce, use and/or otherwise exploit my appearance, image, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release Victoria Rose, its owners, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by Victoria Rose and that Victoria Rose may copyright same. To that end, I hereby assign and transfer to Victoria Rose all right, title and interest in and to my appearance, image, and likeness, voice as embodied in any audio, audio-visual or visual work. I agree that Victoria Rose shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody my picture. I acknowledge that Victoria Rose is under no obligation to exercise any rights granted herein.
Laws of Government. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it in within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of Singapore. All provisions of this consent and release shall survive the termination or expiration of any activity or my participation in any activity contemplated hereby.
Affirmation of Release. I knowingly intend this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the activity, the equipment used during the activity (whether provided by Victoria Rose, a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
Declaration. I declare that I am 18 years of age or older, or accompanied by a legal guardian, that I am legally competent and capable of executing this consent and release on my own behalf, that I have read the foregoing and have understood and agreed with all its contents of my own free will.