TERMS & CONDITIONS

These terms and conditions are applicable to and govern your access and use of any and all website and apps, whether mobile, tablet, or otherwise, of The CoActive, as well as access and use of our physical services and locations, whether in classes, gym, events, or otherwise. By using the digital and/or physical properties, or any of the features, functionalities, services, or content, made available through these digital and/or physical properties, you are acknowledging that you have read, understood, and agreed to these terms and conditions and expressly agree that they form a binding contract between you and Fight Academy.

1.  DEFINITION

In these Terms:

(a)  “Applicant” means the individual participating in activities (inclusive of events) provided by Fight Academy, and/or applying to be a member of Fight Academy, details of whom is provided in this Form.

(b) “I” means (i) the Applicant, if the Applicant is 18 years of age or older; or (ii) the parent or legal guardian of the Applicant, if the Applicant is under 18 years old.

(c) “Fight Academy” means FIGHT ACADEMY PTE. LTD.

(d) “Fight Academy gym” means the gym and any equipment or other facilities of Fight Academy and any premises occupied or rented by Fight Academy.

2.  ACKNOWLEDGEMENT, WAIVER AND RELEASE

(a)  I fully understand and acknowledge that there are significant elements of risk and dangers associated with participation in activities provided by Fight Academy, as well as with the usage of Fight Academy gym, which could result in bodily, mental and/or emotional injury, partial and/or total disability, illness, paralysis, and death. I further acknowledge that there may be other risks unknown and not reasonably foreseeable at this time.

(b)  I fully understand and acknowledge that social and economic or consequential losses and/or damages to myself, my child, my ward and/or a third party, are an inherent potential result of participating in Fight Academy activities, whether caused by me, my child, my ward, and/or any other person.

(c) I agree to release Fight Academy and Fight Academy’s agents from all expenses, costs, actions, proceedings, damages and losses of any kind whatsoever arising out of, caused by, attributable to, or resulting from any accident, damage, loss, damage to property, injury, disability, paralysis and death (to the extent permitted by law) of the Applicant or any other person as a result or consequence of using Fight Academy gym or participating in Fight Academy activities.

3.  ASSUMPTION OF RISK AND RESPONSIBILITY

(a)  In consideration of, and in recognition of the inherent risks in participating in activities conducted by Fight Academy’s agents, I, and/or on behalf of the Applicant, agree on behalf of myself, my/our heirs, representatives, successors, executors, administrators and assigns, to hereby release, waive, discharge and agree not to sue its officers, directors, shareholders, agents and employees, for any and all claims or demands, obligations and/or causes of action of any nature whatsoever which I may have against its officers, directors, shareholders, agents and employees, on account of any personal injury, property damage, disability, death or accident of any kind, arising out of or in any way connected with the activities and I/we agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my/our action.

(b) Without prejudice to any other terms and conditions in this Form including the generality of clauses 2 and 3, neither Fight Academy nor Fight Academy’s agents shall be responsible or liable for any activity of any kind of the Applicant carried on outside the gym.

4.  REPRESENTATION OF HEALTH AND CONDITION

(a) The information which I have supplied in the sections ‘Past and/or Current Medical Condition / Injuries / Allergies’, and ‘Regular Medication’ herein are true, correct, and complete. I assume the responsibility of promptly notifying Fight Academy of any changes to the declared information.

(b) I confirm that the Applicant is in good health and in fit physical condition and has no known medical condition, impairment, ailment or disability that will prevent me/him/her from engaging in or rendering it inadvisable for me/him/her to engage in any physical activities to my/his/her health, safety and physical condition should I/he/she participate in such physical activities.

(c) I release and disclaim Fight Academy, its agents, employees, associates and affiliates, and any others connected therewith from any and all claims, suits, losses or related cause of action for damages incurred during or arising in any way from any pre-existing medical condition not indicated and explained any agent of Fight Academy during my signing of this agreement.

(d) I hereby authorise any representative of Fight Academy to obtain any medical assistance, treatment and/or transport for the Applicant as reasonably necessary, and agree that I will be responsible for any costs associated with any such medical assistance, treatment and/or transport.

(e) Fight Academy reserves full rights to disallow the Applicant from engaging in any form of physical activity within Fight Academy gym and in such case Fight Academy shall not refund any payment made by the Member subject to the refund policy in Clause 8 below. Without prejudice to the aforesaid, I agree that Fight Academy shall be entitled to the benefit of the indemnities and release of liability mentioned in Clauses 2 and 3 above in respect of any injury, disability or death (to the extent permitted by law) occurring to the Applicant arising from any such medical conditions, impairment, ailment or disability whilst/after using Fight Academy gym, or whilst/after participating in Fight Academy activities.

(f) I acknowledge that any information or comments provided by Fight Academy, or by or through Fight Academy’s agents shall not be construed as medical or expert advice or opinion to me/my child/my ward under any circumstances. As such, neither Fight Academy nor any of Fight Academy’s agents shall be held liable for any such statements made to me/my child/my ward. Any statements, whether written or oral, shall not form any part of this Form unless such statements are specifically included herein.

5.  NO GUARANTEE OF RESULTS

I acknowledge that Fight Academy and Fight Academy’s agents have not, cannot, and will not give any guarantee or promise to me / my child / my ward pertaining to any physical, mental or economic results which may be derived from the physical activities carried out in Fight Academy gym, participating in Fight Academy activities, or otherwise. As such, I shall not hold Fight Academy, nor any of Fight Academy’s agents, responsible or liable for such results or for the failure to achieve such results.

6.  PHOTO RELEASE AND CONSENT

I hereby grant consent to Fight Academy to take and use my image or that of my children / wards (as listed in this form) in any format for purposes of display, publicity, education, feedback and/or advertisements, in promotional materials and websites. I understand that no names will be used in any of the above unless I give specific written permission to Fight Academy. Further, I understand and agree that the ownership of any intellectual property, including copyright and image rights, which arises in the visual images(s), belongs to Fight Academy. This consent is effective until I revoke it in writing and provide a copy of the revocation to Fight Academy.

7.  PAYMENT & REFUND POLICY

(a) Fight Academy shall be paid the amount due to Fight Academy according to the Purchase Type as stated above (the “Membership Fees”). In the event of non-payment of the Membership Fees, without prejudice to other rights and remedies available to it, Fight Academy reserves the right to terminate the Membership at its sole discretion.

(b) No refunds of the Membership Fees will be made in whole or in part by Fight Academy unless I / my child / my ward is unable to engage in any physical activities as certified by a doctor registered with the Singapore Medical Council or the Member has relocated permanently outside of Singapore. For such cases, Fight Academy reserves the right to decide, at its sole discretion, whether to make any refund of Membership Fees and, if so, on the amount to refund.

(c) I further agree that to the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities, and other terms implied by statute, custom, or the common law are excluded from these terms nor will Fight Academy be liable to the other for consequential losses. Any liability which cannot lawfully be excluded, restricted or modified, provided that, to the extent that the law permits Fight Academy to limit its liability, then Fight Academy’s liability will be limited to the amount of Membership Fee paid by the Applicant, less the amount for all expended sessions.

8.  TERMINATION OF PARTICIPATION AND/OR MEMBERSHIP

(a) Fight Academy may terminate the participation in activities and/or membership of the Applicant at its sole discretion, on the basis of inappropriate conduct, unpaid fees, or any other reason that may be injurious to the members and interests of Fight Academy.

(b) An Applicant whose membership is terminated by Fight Academy shall forfeit all the privileges of membership with immediate effect without claim for any refund of his/her membership fees and shall immediately settle any outstanding debts.

9.  GENERAL PROVISIONS

(a)  I hereby represent and warrant that I have full capacity to contract with Fight Academy and fully understand the terms and conditions in this Form. Upon Fight Academy’s acceptance of the application for Membership in this Form, duly completed and signed, this Forms shall constitute a legally binding agreement between Fight Academy and I. In the event that I am of limited capacity to contract, whether because of age or otherwise, but have co-signed this Form with my parent, legal guardian or other legal representative, my parent, legal guardian or other legal representative shall be deemed to agree to the terms of this Form for and on my behalf as well as in his or her personal capacity, and therefore this Form shall nonetheless constitute a legally binding agreement. 

(b) Clause headings in this Form are for convenience only and shall not affect its interpretation.

(c) Where appropriate herein, the references to the singular shall include the plural and the plural the singular, in each case as the context may require.

10.  SEVERABILITY AND GOVERNING LAW

(a) In the event that any of the terms and conditions in this Form is held to be invalid or unenforceable by any Court of law, such terms and conditions shall be severed from this Form and the invalidity or unenforceability of any such terms and conditions shall not affect or prejudice the enforceability of the other terms and conditions of this Form.

(b) These Terms shall be governed by and construed in accordance with the laws of Singapore, and the parties irrevocably submit to the exclusive jurisdiction of the Singapore courts.

11.  PERSONAL DATA PROTECTION

Fight Academy may collect, use and disclose your personal data, as obtained by our organisation as a result of your membership, for the following purposes in accordance with the Personal Data Protection Act 2012 and our data protection policy (available at our website):-

(i) the processing of your registration / membership application; and

(ii) the administration of the registration / membership details with our organisation.

Please visit our Privacy Policy webpage (www.fightacademy.sg/privacy-policy) for further details on our data protection policy, including how you may access and correct your personal data or withdraw consent to the collection, use or disclosure of your personal data.