Sing as you Like!

Waiver Agreement

Why You’re Reading This Document:

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing online, and have you release Sing As You Like of any liability that may be excluded by law. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes.

If you are under the Age of Majority in Singapore (18 years old), your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties

We will refer to Sing As You Like, a sole proprietorship based in Singapore, as “Sing As You Like”, “us”, “we”, or “our”, and we’ll refer to you, the undersigned (electronically) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

2. The Activities

You may participate, in person or online, in vocal exercise classes, sessions, events, workshops and more with Sing As You Like. We offer fearless, transparent and honest classes, all of which may involve but are not limited to the following (“Activities”):

1. Voice training.
   
2. Extended voice techniques such as overtone singing and extreme vocals.
   
3. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Sing As You Like’s facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities.

3. Equipment

In the course of the Activities, you might use a variety of equipment, which may include but is not limited to: resistance bands, light weights, yoga mats, mic stands, microphones, positive expiratory pressure, devices, pulse oximeter, variety of straws, dycem tape, bone props, cups, stress balls, handheld massagers, kinesiotherapy tape, neoprene belts, bone conduction headphones, oral stimulation tools (the “Equipment”). Please do not use any equipment not instructed by Sing As You Like.

4. Inherent Risks

You understand that participating in the Activities poses inherent risks, some more obvious or more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.

Such risks include the following.

4.1. Injuries

Injuries include but are not limited to things like vocal fatigue, vocal inflammation, vocal trauma, vocal haemorrhage and hearing loss.

4.2. Risks of Online Participation

Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

4.3. Risks of Activities performed Outdoors

Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

4.3. Risks of Activities performed in Sing As You Like’s premises

Other risks posed for Activities performed within Sing As You Like’s premises, such as tripping or collision with human elements, stepping on sharp objects, being hit by objects falling off shelves, scalding from hot drinks, or contracting diseases such as COVID-19. While we will do our best to ensure a safe environment to practice in, you are equally responsible for keeping yourself safe and watching out for possible hazards while in our premises, especially if you have some propensity for injury or illness.

5. Affirmation of Health

By participating in any Activities with Sing As You Like, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice the Activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

6. Voluntary Assumption of Risk

You have read this Waiver and understand the risks of participating in the Activities with Sing As You Like. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the Activities with Sing As You Like illustrates your voluntary engagement and assumption of the risks of the Activities.

7. Exclusion and Limitation of Liability

7.1 Negligence

Save for personal injury and death caused by Sing As You Like’s negligence, Sing As You Like will not be liable for any losses caused by negligence beyond the cost for the Services.

7.2. Breach of Contract

Sing As You Like will not be liable for any losses arising from a breach of contract beyond the cost for the Services.

7.3 Indemnity for Negligence and Breach of Contract

This Clause 7.3 applies to any liability and damages arising from negligence and breach of contract. You will indemnify Sing As You Like, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from negligence and breach of contract that might be payable beyond the cost for the Services during your participation in the Activities with Sing As You Like. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

7.4 Release, Waiver and Indemnity for Other Causes of Action

This Clause 7.4 applies to any liability and damages arising from causes of action besides negligence, breach of contract and any other causes of action where liability and damages cannot be excluded or restricted by law (“Excludable Liability and Damages”). You hereby release, hold harmless, indemnify and waive any claims against Sing As You Like, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any Excludable Liability and Damages during your participation in the Activities with Sing As You Like. You are releasing the Released Parties at your own risk and you agree to forfeit any and all relevant­ forms of legal recourse which may be available to you, including but not limited to any relevant form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

8. Continued Agreement

Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, and more, whether in person, online, or via video conferencing tool.

9. General Legal Provisions

Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of Singapore. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Singapore. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.

Last updated: 31 October 2022