We hereby declare that all particulars and details that have been provided are true and correct.
We hereby acknowledge swimming and/or swimming related activity/sports/training/practice of any nature whatsoever at any aquatic facility and in this premises referred to above is or can be inherently, actually and/or potentially hazardous or dangerous and that mishaps, accident and injury (including death) can occur owing to poor physical fitness or condition, the acts or omissions of myself and/or others, equipment failure, wrong or poor technique, over-exertion or any other cause, whether foreseen or unforeseen. We voluntarily assume full responsibility for any risk of loss, property damage or personal injury, death that may be sustained as a result of being engaged in any such swimming and/or swimming related activity/sports/training/practice of any nature whatsoever at the premises.
We hereby release, waive, exclude and discharge DSA and all its directors, shareholders, employees, volunteers, agents and officers thereof from and against all past, current and future liability, in negligence or howsoever, arising from any injury(ies), illness(es) or death(s) or loss(es) or damage(s) to property incurred and/or sustained by us or whilst in and/or at the premises.
We further agree not to institute any claim(s), demand(s), cause of action(s), proceeding(s), action(s) and/or allow any claim(s), demand(s), cause of action(s), proceedings (s) of whatever nature against DSA including any member(s), director(s), employee(s) volunteer(s), agent(s) thereof in respect and/or in relation to any matter(s) contained in the preceding paragraph(s).
We further agree to indemnify and shall keep indemnified DSA including any member(s), director(s), employee(s), volunteer(s), agent(s), officer(s) thereof (“those Indemnified”) from, against and in respect to all liability(ies), loss(es), damage(s), cost(s), expense(s), claim(s), demand(s), action(s) suffered, incurred or brought against any of those Indemnified by any party arising from or relating to our swimming and/or swimming related activity/sports/training/practice at the premises.
We further agree that this Liability Release and Assumption of Risk shall be binding upon our and DSA assigns and successors in title.
We shall further ensure and take all steps to ensure that any third parties participating the swimming and/or swimming related activity/sports/training/practice at the premises shall sign a waiver and assumption of risk prior to participating in the swimming and/or swimming related activity/sports/training/practice at the premises.
We further agree that if any provision of this Liability Release and Assumption of Risk is found to be unenforceable or invalid, that provision shall be severed from this Liability Release and Assumption of Risk. The remainder of this Liability Release and Assumption of Risk will then be construed as though the unenforceable provision had never been contained herein.
We further represent that our representative as hereinafter stated shall have the authority to execute this Liability Release and Assumption of Risk for and on our behalf and further agree that this Liability Release and Assumption of Risk shall be construed in accordance with the laws of Malaysia and submit to the exclusive jurisdiction of the courts of Malaysia.