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WAIVER

This form (“Waiver”) relates to all activities undertaken at Whoose Party Pte. Ltd. (“WHOOSEPARTY”) including but not limited to all the activities provided by WHOOSEPARTY within its premises (“Activities”) (“us”, “our”, “we”). All parents, guardian, caregiver, helper, legal representative or accompanying adult (“You” or “you” or “Adult”) of the Participants, which include without limitations, any child/children, ward or student, (collectively  the “Participants” or each a “Participant”) of the Activities must submit this Waiver before they will be allowed to undertake any Activities.

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You agree to abide by the House Rules and any instructions given by the WHOOSEPARTY staff at all times.

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The Waiver is incorporated in the Conditions of Sale terms and conditions which are accessible at www.whooseparty.com (the “Conditions of Sale”). All capitalized terms used and not defined herein shall have the respective meanings ascribed to them under the Conditions of Sale.

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You warrant that:

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  1. You are over the age of 18.

  2. You are the parent/guardian of the Participants under the age of 12 (or if you are not the parent/guardian, you have authority from the parent/guardian to accept this Waiver on their behalf).

  3. 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.

  4. 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 WHOOSEPARTY's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

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In consideration of being allowed to play in WHOOSEPARTY Venue, You hereby understand and agree that:

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  1. You agree that the Participant shall participate in Activities, and/or use the facilities provided by WHOOSEPARTY (“WHOOSEPARTY Facilities”) and the premises where WHOOSEPARTY provides its Activities (“WHOOSEPARTY Venue”) 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.

  2. You agree that WHOOSEPARTY has taken all reasonable measures to ensure proper construction and maintenance of WHOOSEPARTY Facilities and taken all reasonable precautions in providing its services.

  3. 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.

  4. You further agree to release, hold harmless of and defend WHOOSEPARTY and its employees, directors and agents 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 in WHOOSEPARTY; and
    c. claims brought by third parties.

  5. You and any Participants under your charge, hereby agree to waive, discharge and release and covenant not to sue WHOOSEPARTY and its employees, directors and agents 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 WHOOSEPARTY's website, Activities and any other activities conducted by WHOOSEPARTY.

  6. You acknowledge that any and all minors in your charge is in good physical condition and do not know of any condition or reason that they should not participate in the Activities.

  7. You agree to replace, at your own expense, or to reimburse WHOOSEPARTY for any direct, special, incidental, consequential or other indirect losses, or damages whatsoever caused by you or the minors under your charge.

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 You further acknowledge and confirm that:

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  1. While WHOOSEPARTY's works hard to minimise the risk, you should be aware that the Participant may engage in the Activities or play in the WHOOSEPARTY Venue in a dangerous manner which may be unforeseeable by WHOOSEPARTY and can result in personal injury, death or damage to yourself, the Participant, any other Participant and to your personal property.

  2. You are responsible for your own safety, and for the safety of the Participants under your care.

  3. 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 employees of WHOOSEPARTY liable for the injury, pain, loss or damage which may be sustained by the Participant.

  4. WHOOSEPARTY's staff will not be responsible for supervising you or any Participant that you are responsible for.

  5. All Participants of the Activities must put on WHOOSEPARTY's non-slip socks whilst participating in the Activities.

  6. 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.

  7. You understand that no outside food and beverages are allowed inside WHOOSEPARTY premise, and you agree that WHOOSEPARTY will not be responsible for damages caused related to any food and beverages consumed inside WHOOSEPARTY premise.

  8. You acknowledge and accept that CCTV monitoring and recording is in operation throughout the WHOOSEPARTY premises for the purpose of crime prevention and public safety.

  9. You understand that WHOOSEPARTY may collect, use and/or disclose of any personal information provided by you in accordance with its Privacy Policy, and you hereby consent to such collection, use and disclosure of such personal information by WHOOSEPARTY.

  10. You will comply with all signs, notices, directions, instructions or requests of WHOOSEPARTY, and acknowledge that WHOOSEPARTY reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any Activities and/or any WHOOSEPARTY Facilities, 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 WHOOSEPARTY Venue, or if WHOOSEPARTY considers that the circumstances so require.

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