1. HEALTH DISCLAIMER:
1.1. I/We hereby understand and acknowledge that the training, programs and events held by THE FOUR WALLS SQUASH & SOCIAL CLUB may expose me to many inherent risks, including accidents, injury, illness, or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.
1.2. I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.
1.3. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and THE FOUR WALLS SQUASH & SOCIAL CLUB furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE THE FOUR WALLS SQUASH & SOCIAL CLUB, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation IN THE FOUR WALLS SQUASH & SOCIAL CLUB training, programs playing squash and/or events.
1.4. I further understand that it is THE FOUR WALLS SQUASH & SOCIAL CLUB’S recommendation that you consult a physician prior to engaging in any exercise program or activity, or undertaking any food or diet program, whether or not such program is recommended BY THE FOUR WALLS SQUASH & SOCIAL CLUB. I understand that neither THE FOUR WALLS SQUASH & SOCIAL CLUB nor the advice of any member of THE FOUR WALLS SQUASH & SOCIAL CLUB personnel is a substitute for medical advice.
RELEASE & WAIVER OF LIABILITY
2.1 The Member(s)/Guest(s) indemnifies and shall keep FOUR WALLS SQUASH & SOCIAL CLUB (“The Squash Club”) indemnified at all times against any direct and consequential losses sustained by Member(s)/Guest(s) due to any loss of or damage to property, claim for or in respect of the death or personal injury of any individual, or any other claim, action, charge, cost, demand or expense, including without limitation all legal fees and costs arising as a result of:
2.1.1 Any breach of this agreement by the Member(s)/Guests(s);
2.1.2 The access to and use and enjoyment of The Squash Club and/or any activity conducted in or at The Squash Club by the Member(s)/Guest(s) or any other person whomsoever;
2.1.3 Non-compliance by the Member(s)/Guest(s) with or contravention of the provisions of any law, rules, policies and procedures applying to The Squash club including the use of protective eyewear when playing squash or while using the court for any other activity;
2.1.4 Provided that the indemnification of FOUR WALLS SQUASH & SOCIAL CLUB by the Member(s)/Guest(s) does not apply to instances where the liability which is indemnified arose as a result of the willful misconduct or gross negligence of FOUR WALLS SQUASH & SOCIAL CLUB.
3. LIMITATION OF LIABILITY
3.1 The Member(s)/Guest(s) shall:
3.2 Have no claim of any nature against FOUR WALLS SQUASH & SOCIAL CLUB by reason of:
3.2.1 Any loss, damage or injury which the Member(s)/Guest(s) or any other person whomsoever may directly or indirectly suffer by reason of any cause or action either wholly or partly beyond FOUR WALLS SQUASH & SOCIAL CLUB’s control;
3.2.2 Any loss or damage suffered by the Member(s)/Guest(s) following any burglary of or fire on The Squash Club premises.
3.2.3 Any act or omission by any other Member(s)/Guest(s) of The Squash Club;
3.2.4 Any access to and use and enjoyment of The Squash Club by the Member(s)/Guest(s) or any other person;
3.2.5 The condition or state of repair at any time of The Squash Club and equipment and other facilities of FOUR WALLS SQUASH & SOCIAL CLUB or any part thereof;
3.2.6 Any failure or suspension of, or any interruption in, the supply of water, electricity, air conditioning, heating or any other amenity, utility or service to The Squash Club, whatever the cause;
3.2.7 Any breakdown of, interruption in or faulty operation of any machinery, equipment, plumbing, electrical or other installation or system situated in or on, or serving, The Squash Club, including (but not limited to) any geyser, air-conditioning unit, burglar alarm, or security installation or system whatever the cause; and/or
3.2.8 Any interruption of or interference with the access to and use and enjoyment of the Squash Club caused by any construction operations or other works to or in or about The Squash Club whether carried out by FOUR WALLS SQUASH & SOCIAL CLUB or by anybody else;
3.2.9 Provided that such is not due to the willful misconduct of THE FOUR WALLS SQUASH & SOCIAL CLUB;
3.2.10 Not be entitled to withhold or defer payment of any amounts due in terms of this agreement, or apply set off in respect thereof, for any reason whatsoever, save in the instance where the cause is due to the willful misconduct of FOUR WALLS SQUASH & SOCIAL CLUB or as otherwise provided for in this agreement.