CENTER POTTERY ENROLMENT POLICY
PARTICIPANT AGREEMENT, INDEMNIFICATION, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY
Please read the policies below carefully as the following terms and conditions govern your payment and enrolment at CENTER Pottery. In consideration of the services of CENTER Pottery PTE. LTD. (hereafter “CENTER”), together with all agents, owners, managers, successors, affiliates, sponsors, landlords, partners, investors, participants, volunteers, employees, and all other persons or entities acting in any capacity on behalf of the previously named company, collectively referred to as CENTER, I hereby agree to release, indemnify, and discharge CENTER, on behalf of myself, my spouse, my children, my parents, my heirs, my wards, assigns, personal representatives and estate as follows:
ASSUMPTION AND ACKNOWLEDGEMENT OF ALL RISKS
I, the undersigned adult listed below, am at least 18 years of age. On my own behalf, and on the behalf of the below listed participants under the age of 18 (“minors”), as their parent, legal guardian or custodian, knowingly, voluntarily, and freely accept and assume any and all risks, both known and unknown, of injuries or other loss or damage that may be suffered while on Center premises, however caused, even if caused in whole or in part by the action, inaction or negligence of Center. I represent that I have full authority as parent or legal guardian of the below listed minors.
I understand that risks simply cannot be eliminated without jeopardizing the essential qualities of the activity and I expressly agree and promise to accept and assume all of the risks voluntarily existing in these activities. Such risks include, but are not limited to, cuts and bruises, falls, injuries from tools, equipment or contact with other participants, and/or death, and which may occur as a result of use or misuse of the facility in any way by anyone, use of equipment that malfunctions or breaks, and/or improper maintenance of the facility, grounds, or equipment. Further, I have explained these risks to the listed minors. I certify that I and/or the listed minors are in good physical condition for the activities in which I and/or they will be participating and certify that I and/or they do not have any medical condition that may preclude me and/or them from safely participating.
WAIVER OF ALL CLAIMS
I, on my own behalf, and on the behalf of the listed minors, expressly waive any and all claims, suits or demands for personal injury, property damage or other loss against Center, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others. To the fullest extent permitted by law, this waiver is intended to be a complete release of Center for any and all responsibility for personal injuries, property damage or loss, or death sustained by me or any of the listed minors on Center property, whether arising out of or resulting from my or their participation in activities, use of pottery wheels or other equipment, parking lots, premises and facilities. This release applies forever, for any date in the future including today’s date, that I or the listed minors may visit the Center facility, and is further binding on the heirs, representatives and estates of the undersigned and minors.
I expressly and voluntarily agree to waive, release, acquit and forever discharge Center and agree to defend, indemnify and hold harmless Center from and against all claims, damages, injuries, expenses, or death arising out of or resulting from administering of or failing to administer medical assistance to me or any of the listed minors. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I grant Center the right to request emergency medical services for me and/or the listed minors in the event Center deem a situation medically necessary and I agree to cover any and all associated expenses.
In view of the aforementioned, and by my voluntary participation in the activities of CENTER, I hereby, to the full extent permitted by law, waive all legal rights of action against and fully release CENTER, its directors, instructors, employees, agents, landlords, leases or franchisees (Related Parties) for the loss, damages, or injury howsoever arising out of or in relation to the participation by myself in the activities conducted or organized by CENTER including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of CENTER and/or Related Parties.
HEALTH AND CONDUCT
I understand and acknowledge the dangers associated with the consumption of alcohol or any mind altering drugs before and during the activity and I take full responsibility for any injury, loss or damage associated with their consumption. I agree not to drink alcohol or take drugs prohibited by law before or during in any activities conducted or organized by CENTER.
By signing this document, I acknowledge that I have been advised to consult with my physician with respect to any past or present injury, illness, pregnancy or any other health related condition or any kind whatsoever that may affect my participation and ability to participate in the programs. I acknowledge that I have discussed the appropriateness of the programs in connection with any illness or condition that I have or have had with my physician, and that I knowingly execute this release from liability and negligence. Specifically, and without derogation to the foregoing, I acknowledge that CENTER has recommended that pregnant women DO NOT participate in pottery programs.
I recognize and accept that I am solely responsible for my personal belongings and property. I waive and release any and all claims against CENTER for property loss or damage to my personal property arising from my participation.
CENTER reserves the rights in all intellectual property in, without limitation, any course style and structure taught in any activities conducted or organized by CENTER. I understand and agree that I must not use or exploit any intellectual property owned by CENTER for personal financial gain in any manner, including but not limited to instructing or teaching pottery, without first obtaining the written permission of the CENTER proprietors.
AUTHORIZATION TO USE IMAGES
Center is hereby granted the right to photograph and/or video record me and/or the listed minors and allowed to use my or their name, voice and appearance in connection with social media and promotional materials. I acknowledge and agree that the rights granted to this release are without compensation of any kind.
CANCELLATION OF CLASSES
CENTER reserves the right to change or cancel a class up to and including the date of the course if sufficient bookings have not been received. In the event of a class or course being altered or cancelled every effort will be made to avoid inconvenience by offering alternative dates, times or venues. I agree to try to accept all reasonable changes made by CENTER, but nonetheless agree that in the event of a cancellation or postponement initiated by CENTER, the maximum liability of CENTER is limited to a full refund of the cancelled class or activity.
REFUNDS AND TRANSFERS
I understand that refunds, or the transfers of fees to another program and/or other students, will not be granted in any circumstances except as specifically stated in these Terms and Conditions.
I, for myself and for the listed minors as their parent, legal guardian or legally authorized custodian, have carefully read this agreement, fully understand its terms, and sign it freely and voluntarily. I understand that I have given up substantial rights by signing it, and agree to be bound by its terms for myself and on behalf of the listed minors. If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected, but shall continue in full force and effect.
CENTER generally collects 2 categories of Customer Data. These are:
Customer’s personal details (“Personal Data”) such as –
- Your personal information e.g. name, gender, date of birth, NRIC, passport or other identification details, education and professional qualifications, hobbies and interests;
- Your contact information e.g. physical address, email address, phone numbers;
- Your payment methods and details e.g. credit card information, including the cardholder’s name, card number, billing address and issue and expiry date;
- Your health information e.g. medical records or fitness profile;
- Your pottery experience and expertise e.g. number of years, expertise levels, amount of training previously received.
General Statistical Data such as – preferred timings, types of classes, types of instruction preferred etc. Such information is collected purely for statistical analysis so that CENTER can tailor its classes, courses and other services to you. Such general statistical data is aggregated, and your Personal Data will not be reflected in this category of data.
PURPOSES FOR COLLECTION, USE AND DISCLOSURE
REASONS FOR COLLECTION
It is necessary for you to provide your Customer Data, except where the request for data is marked “optional” in the forms. This is required in order for CENTER to provide its services to you in a way that is safe and enjoyable, and for CENTER’s appraisal of its service standards and internal quality controls. For example, CENTER will generally try to group students of similar ability and experience in the same class so that all students can enjoy and benefit.
The failure to supply such Customer Data may result in (i) CENTER being unable to provide you with the services requested; (ii) CENTER being unable to provide you with the levels of safety or instruction you deserve, or (iii) CENTER being unable to contact you for product or customer satisfaction surveys or to provide you details of classes or other services that may be of interest to you.
SAFETY, SECURITY AND LEGAL COMPLIANCE
CENTER may also use and disclose your Customer Data with and to third parties for reasons of safety, security or legal compliance. For example, should it be necessary for CENTER to assist you in obtaining medical attention, CENTER may disclose your health information to medical service providers.
In addition, CENTER may also use and disclose your Customer Data to persons who have been validly identified as being you or your authorized representative(s) for the relevant purposes.
DISCLOSURE OF PERSONAL DATA
Your Personal Data held by CENTER will be kept confidential except where such disclosure is necessary to satisfy the purpose, or a reasonably related purpose, for which the data was collected to the following parties:
- Any subsidiaries, holding companies, associated companies, or affiliates of, or companies controlled by, or under common control with CENTER;
- Any person or company who is acting for or on behalf of, or jointly with CENTER in respect of the purpose or a directly related purpose for which the Personal Data was provided, e.g. instructors or course co-ordinators ;
- Any other person or company who is under a duty of confidentiality to CENTER and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information; and
- Any financial institutions, charge or credit card issuing companies, credit information or reference bureaux, or collection agencies necessary to establish and support the payment of any services being requested.
CENTER also may disclose Customer Data to our legal advisors for establishing, exercising or defending our legal rights, to our other professional advisors, or as otherwise authorised or required by law.
You may submit a request to withdraw your consent at any time by sending a written notice to CENTER. Your notice may be transmitted by email or fax.
Statistical Data is not linked to a customer record and CENTER does not need to seek your consent for the collection, use or disclosure of Statistical Data.
ACCESS TO, AND CORRECTION OF, CUSTOMER DATA
Upon your written request to CENTER, you will be allowed to view and/or obtain a copy of your Personal Data. CENTER reserves the right to charge a reasonable administrative fee for this service. In exceptional circumstances, CENTER reserves the right to deny you access to your Personal Data and may provide an explanation as required by applicable laws. Exceptional circumstances include where CENTER is assisting an investigating authority or government institution, and that organisation objects to CENTER complying with your request.
To ensure that your Personal Data is accurate, complete and up-to-date. Please inform CENTER of changes to your Personal Data by notifying CENTER of your updated particulars. CENTER may also request Personal Data updates from you from time to time. However, the obligation is on you to ensure the accuracy and currency.
CENTER will retain Customer Data for as long as it is necessary to fulfil the purpose for which it was collected, its legal or business purposes, or as may be required by law. Following the expiry of such periods, CENTER will destroy your Personal Data in accordance with its internal procedures.
CENTER undertakes to make reasonable security arrangements to protect Personal Data in its possession or under its control in order to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar.