Participant Agreement
I/We the undersigned hereby certify that I/We am/are the parent(s) or legal guardian(s) of the camper OR the participant.
Consent for medical treatment:
I/We hereby give permission for the staff of the Rafa Nadal Academy Camp to seek appropriate medical attention for the camper and for the medical attention to be given and for the camper to receive medical attention in the event of accident, injury or illness. I/We will be responsible for any and all costs of medical attention and treatment, except for that covered by the camp’s excess medical coverage policy.
Athletics Release:
I/We hereby acknowledge that our child is physically fit and mentally capable of participating in tennis camp activities. I/we hereby acknowledge that playing or practicing tennis is a potentially hazardous activity. I/we agree that I/we am/are voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the effects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by you. I/We, the undersigned for ourselves, our heirs, executors and administrators hereby waive, release, and forever discharge RPN Active Co., Ltd and Rafa Nadal Academy staff, officers, agents, employees, representatives and successors and assign of and from all rights and claims for damages, injury or loss to person or property which may be sustained or occur during participation in Camp activities or while at camp, whether or not damages, injury or loss is due to negligence. I also hereby acknowledge that no refunds will be given due to any type of injury occurring during the camp.
Use material for promotional purposes
I/We hereby give permission to RPN Active Co., Ltd to use pictures and videos of the campers to promote future events organized by the company.
Weather Policy:
In the event of inclement weather once camp begins, all campers will be asked to leave the field to the designated shelter area. If camp is cancelled once started, you will be asked to return to the field and pick up your player.
Cancellation & Refund Policy
If you choose to cancel your reservation, we must receive written notice of said cancellation either via certified mail, overnight courier, or e-mail sent to info@rpnactive.com (with confirmation of receipt thereof from us), and you shall be subject to the following cancellation fee schedule:
- If we receive a written notice prior 45 days of the camp date, the organization will retain THB 4,500.00 as a compensation for the registration expenses.
- If we receive a written notice between 45-30 days of the camp date, the organization will retain 50% of the payment fee paid.
- If we receive a written notice of cancelation within 30 days of the camp date, there will be no refunds of the amount paid.
- If the participant simply does not show up to the camp, there will be no refunds for the amount paid or equipment shipped to participant.
Camps are subject to change or cancellation without notice at any time for any reason, including if the number of participants registered is insufficient to host the camp. Upon cancellation of camp by our staff, full refunds are issued within 30 days of cancellation or participants can choose to attend any of the other camps based on availability. If the Camp is cancelled, our liability is limited to a full refund of the price and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, travel or other expense whatsoever in such circumstances. No refunds will be given if a program in progress has to be interrupted or cancelled for reasons beyond our control.
Force Majeure and Acts of God
In the event RPN Active Co., Ltd is unable to perform its obligations under the terms of this agreement due to circumstances beyond its control like terrorism, a pandemic, war, labour strikes, adverse weather conditions, etc., RPN Active Co., Ltd will not be liable to provide any refund for services not delivered due to such circumstances.
COVID 19
Given the extraordinary circumstances produced by the COVID 19 Pandemic, RPN Active Co., Ltd will endeavour to minimize the economic impact of cancellations to our clients by offering a credit when possible. This credit might be partial depending on the costs assumed by RPN Active Co., Ltd in the organization and promotion of the program. Please note that in order to protect the interests of all participants and while the COVID 19 alert is in effect, RPN Active Co., Ltd might at its sole discretion deny any refund request that falls under the above schedule.
If forced due to the circumstances (e.g. weather conditions), RPN Active Co., Ltd might change the schedule of the week, the ratio players/court or both. Please note that if after the reschedule, clients can't make it, unfortunately, no refunds will be issued.
If you have any questions about our Participant Agreement, please e-mail us at info@rpnactive.com
Player Waiver
Release and Waiver of Liability and Assumption of Risk
The individual named below (referred to as "I" or "me") desires to participate in the sports clinics and events (whether singular or plural, hereinafter referred to as the "Activities") hosted by RPN Active Co., Ltd, and its affiliates and related entities (collectively, the "Company"). In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. The risks include, among other things, fallING, trauma, cuts, lacerations, DROWNING, AND OTHER INJURIES, which could result in musculoskeletal injuries including, among other things, head, neck, and back injuries, paralysis, or even death. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY AND ITS OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT APPLICABLE LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, SUFFERED OR INCURRED BY OR AWARDED AGAINST THE COMPANY OR ANY OTHER RELEASEES, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF ME OR ANY THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEE.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company AND THE OTHER RELEASEES from any claim based on such treatment or other medical services.
I understand that during the Activity and while I am otherwise using the Company’s equipment and facilities, I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity and privacy and pre-approval that I have for any such likeness of me or use of my name and/or voice in connection with such likeness, and I grant to the Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
I UNDERSTAND THAT WHILE ACCESSING THE COMPANY’S WEBSITE, THE Company may automatically collect non-personally identifiable information from me, including but not limited to my Internet Protocol (“IP”) Address, the type of browser I am using to access the Company’s website, the website I visited before I visited the Company’s website, and/or the website I visit when I leave the Company’s website. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY and any other releasees relating to the collection of such informaton.
The parties agree that ANY AND ALL DISPUTES ARISING OUT OF THE ACTIVITIES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rule & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Company and me, each of the Releasees, and each of their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Release to the laws of another jurisdiction.
BY PROCEEDING WITH THE PURCHASE, I AFFIRM THAT I HAVE CAREFULLY READ THIS RELEASE, UNDERSTAND ITS CONTENT AND PURPOSES, AND VOLUNTARILY AGREE TO ALL THE TERMS SET FORTH ABOVE.