The X Agency Waiver
In consideration of being allowed to participate in The X Agency Pte Ltd (The X Agency)’s venue, related events, and activities, the undersigned acknowledges, appreciates, and agrees that:
1. You warrant:
- You are the parent/guardian of the Participants under the age of 7 (or if you are not the parent/guardian, you have authority from the parent/guardian to accept this Waiver on their behalf).
- To the best of your knowledge, you do not (and have confirmed with the parents/guardians that the Participants do not) have any medical condition/s which may mean that it is more likely for them to be involved in an incident which could result in injury to them or any other person.
- Nothing in this waiver is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit The X Agency’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
2. In consideration of being allowed to participate at The X Agency’s venues, you hereby understand and agree that:
- Participant shall participate in activities, and/or use the facilities provided by The X Agency and the premises where The X Agency provides its activities at his/her own risk, and assumes and accepts all such risks in relation thereto. The risk of injury from the activities is significant, and may result in injury including but not limited to cuts, bruises, falls, broken bones, strains, sprains, concussions, or heart attack.
- You agree that The X Agency has taken all reasonable measures to ensure proper construction and maintenance of equipment and taken all reasonable precautions in providing its services.
- You knowingly and freely assume all responsibility for any risk of lost or stolen property, damage or personal injury that may be sustained by you and any minor in your charge and your invitees, or any loss or damage to property owned by you, as a result of your action.
- You further agree to release, hold harmless of and defend The X Agency and its crews, directors and clients against all claims, liabilities, actions and proceedings, as well as any and all losses, costs, damages and expenses arising out of: a) damages to, loss or destruction of any property;
b) injury, sickness or death to you or the minor under your care, which may result from your participation; and
c) claims brought by third parties.
- You and any Participants under your charge, hereby agree to waive, discharge and release and covenant not to sue The X Agency and its crews, directors and clients from any claims, demands, rights, fees, damages, expenses, losses and liabilities of any kind whatsoever, whether known or unknown, to the fullest extent permitted by law arising out of your use of The X Agency website, activities conducted by The X Agency.
- You acknowledge that any and all minors in your charge are in good physical condition and do not know of any condition or reason that they should not participate in the activities.
- You agree to replace, at your own expense, or to reimburse The X Agency for any direct, special, incidental, consequential or other indirect losses, or damages whatsoever caused by you or the minors under your charge.
3. You further acknowledge and confirm that:
- While The X Agency’s works hard to minimise the risk, you should be aware that the Participant may engage in the activities or play in a dangerous manner which may be unforeseeable by The X Agency and can result in personal injury, death or damage to yourself, the Participant, any other Participant and to your personal property.
- You are responsible for your own safety, and for the safety of the Participants under your care.
- You agree to ensure that any Participant in your care, is supervised at all times, and shall not behave in such manner as to cause danger or discomfort to yourselves or others. You shall ensure that you are on site at all times to supervise all the Participants that you are responsible for. Accordingly, having regard to this waiver, you shall not hold the owners, management and/or any crew of The X Agency liable for the injury, pain, loss or damage which may be sustained by the Participant.
- All Participants of the activities must adhere to all the required attire for participation provided by the crew at all times.
- The activities require a moderate level of fitness and Participants should only take part in the activities if they are physically able to do so.
- You acknowledge and accept that CCTV monitoring and recording is in operation throughout the premises for the purpose of crime prevention and public safety.
- You will comply with all signs, notices, directions, instructions or requests of The X Agency, and acknowledge that The X Agency reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any activities, without refund or compensation, for non-compliance with any of its Conditions of Sale, house rules, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the premises.